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01-24-13
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1/18/2013 12:46:08 PM
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• <br /> Attest: <br /> Name: <br /> Title: <br /> CERTIFICATION AND RELEASE <br /> (Construction, Easement, Restriction and Operating Agreement Estoppel and Release) <br /> At the request of PWA South Bend, LP, a Pennsylvania limited partnership <br /> ("Buyer"), in connection with its proposed acquisition of, among other things, all rights of <br /> First Bank Center Limited Partnership. a Minnesota limited partnership ("Seller"). in and to <br /> that certain Ground Lease Agreement for Private Development dated October 22, 1979 <br /> between City of South Bend Department of Redevelopment, as lessor, and FBT Bancorp, <br /> Inc., as lessee, which was recorded on November 13, 1979 as Document No. 7925386 in the <br /> Office of the Recorder of St. Joseph County, Indiana, as assigned, amended and modified <br /> ("Lease") relating to certain real property located at 100 North Michigan Street, South Bend, <br /> Indiana, the South Bend Redevelopment Commission hereby certifies to Seller and Buyer <br /> and their respective successors, assigns, title companies and lenders, that (i) it has reviewed <br /> the foregoing Estoppel Certificate and Release by Jenna Hotel Investments, LLC, a Delaware <br /> limited liability company, and (ii) to the best of its knowledge, the statements contained <br /> therein are true, correct and complete in all material respects. South Bend Civic Center <br /> Board of Managers shall comply with the paragraph above entitled "Notices" the same as the <br /> • <br /> "Undersigned Party" thereunder. Seller. Buyer and Lender may rely hereupon. <br /> Upon the closing of the sale of the Lease, and assignment and written assumption of <br /> the CEROA and Lease by Buyer, Seller shall be released from any and all liability and <br /> obligation related to or arising out of the CEROA (as defined in the Estoppel Certificate). <br /> South Bend Civic Center Board of Managers <br /> By: <br /> • <br /> Name: <br /> Title: <br /> Date: <br /> 7 <br /> DOCS-14380 7229-vI <br />
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