#3162- Deed; ACCESS AGREEMENT Fire Station #2 - Southeast Intersection of Lincoln Way West and Dr. Martin Luther King, Jr. Drive

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TAX PRORATION AGREEMENT/ACKNOWLEDGEMENT File Number: 185059 Date- October 04, 2006 Reference: City of South Bend / SBNF Inc. & Properties, LLC Property Address: 319 North Scott Street, South Bend, IN 46616 Seller and Purchaser Acknowledge and Agree as Follows: 1. That the parties hereto have settled the proration of taxes and assessments by the method reflected on the settlement statements signed at the closing, and these statements constitute final settlement. Any prior agreement between parties shall be deemed as modified hereby. Z. The Purchaser acknowledges and agrees: a) that all real estate taxes billed on or after this date are the sole responsibility of the Purchaser, b) that the Purchaser shall make any necessary arrangements to obtain all future tax bills. Purchaser acknowledges it is not the responsibility of Metropolitan Title Company to notify any Treasurer of change in ownership. 3. The Seller acknowledges and agrees: a) that the Seller represents and warrants to the Purchaser and Metropolitan Title Company and its underwriter that all outstanding taxes and assessments including but not limited to all sewer and water charges, road paving, maintenance charges, trash collection charges, weed charges, association dues, penalties, and administration fees have been paid in full by the Seller. or b) that, if not previously paid by the Seller, all outstanding taxes and assessments including but not limited to all above said items shall be deducted from the Sellers proceeds as reflected on the settlement statement. c) that the Seller has not received any notification of any future assessments and has no knowledge of any improvement or maintenance undertaken by any municipality or association. d) that the Seller will immediately pay any taxes and assessments including but not limited to the above said items (Paragraph 3a) which may subsequently be discovered to have been a lien on the property or incurred prior to the date of closing, Seller and Purchaser acknowledge and agree: a) That any settlement to the proration of taxes or assessments is a matter entirely between the Seller and Purchaser, and that neither the Seller nor the Purchaser is relying on advice from Metropolitan Title Company in determining method of statement. b) That Metropolitan Title Company is relying on the agreement of the Seller and Purchaser as reflected in the settlement statements in order to disburse funds. c) That, except for the failure of Metropolitan Title Company to properly account for the funds provided to it, Seller and Purchaser jointly and severally agree the indemnify Metropolitan Title Company for any loss or damage, including but not limited to reasonable attorney fees incurred as a result of failure to comply with this agreement. d) That Seller and Purchaser acknowledge Metropolitan Title Company and its underwriter are relying on the representations made herein for the purpose of closing the real estate transaction referenced herein and are disbursing funds based on upon such reliance. Seller(s): Purchaser(s): w- �iq Perri h I CITY Metropolitan Title Company America's Premier title Agency File Number: 185059