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SECOND AMENDMENT TO <br />REAL ESTATE PURCHASE AGREEMENT <br />This SECOND AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT (this <br />“Amendment”) is made and entered into to be effective as of the 8th day of December, 2022, by <br />and between South Bend Redevelopment Commission (“Seller”), as Seller, and RealAmerica <br />Development, LLC, an Indiana limited liability company (“Purchaser”), as Purchaser. <br />RECITALS <br />A.Seller and Purchaser entered into that certain Real Estate Purchase Agreement, <br />dated effective as of July 22, 2021, as amended by the First Amendment to Real Estate Purchase <br />Agreement, dated effective as of May 26th, 2022 (the “Agreement”), for the purchase and sale of <br />certain real property located in the in St. Joseph County, City of South Bend, State of Indiana as <br />more particularly described in Exhibit A of the Agreement (the “Real Estate”). All capitalized <br />terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the <br />Agreement. <br />B.Seller and Purchaser now desire to amend the Agreement in order to provide for an <br />extension of the Investigation, Buyer’s Contingency and Closing date thereunder and to address <br />certain other matters, all as set forth hereunder. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of these premises, and the mutual covenants and <br />promises contained herein and other good and valuable consideration, the receipt and sufficiency <br />of which are hereby acknowledged, Purchaser and Seller hereby agree as follows: <br />1.Recitals. The recitals set forth above, including each and every recital contained <br />therein, are incorporated into and made a part of this Amendment as though fully set <br />forth herein. <br />2.Amendments. The Agreement is hereby amended as follows: <br />a)Buyer’s Contingency of a LIHTC Reservation. The Agreement is hereby <br />amended as necessary to provide that the third full sentence in paragraph 4 (b) shall be <br />amended and replaced with the following: <br />“Buyer submitted project application on July 25, 2022. Buyer represents that <br />IHCDA expects to announce reservations ("Reservation") in January 2023, but in <br />no event later than March 31, 2023.” <br />b)Extension of Contingency Date. The Agreement is hereby amended as necessary <br />to provide that the Contingency Date (as such term is used and defined in the Agreement) <br />solely as it relates to matters specified in Paragraph 4 (c) of the Agreement is hereby <br />extended until 11:59 p.m. on May 31, 2023. <br />c)Closing. The last full sentence of Paragraph 7 (a) of the Agreement shall be <br />amended and replaced with the following: <br />“The "Closing Date" shall be August 31, 2023, or such earlier or later date as may <br />be agreed to in writing by Seller and Buyer.”