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<br />AUDITOR’S RECORD <br />TRANSFER NO. <br /> <br />TAXING UNIT <br /> <br />DATE <br /> <br />KEY NO. See Attached Exhibit 1 <br /> <br />SPECIAL WARRANTY DEED <br />THIS INDENTURE WITNESSETH, that the City of South Bend, Department of Redevelopment, <br />by and through its governing body, the South Bend Redevelopment Commission, 215 S. Dr. Martin Luther <br />King Jr. Blvd., Suite 500, South Bend, Indiana (the “Grantor”) <br />CONVEYS AND SPECIALLY WARRANTS to Greater Lowell Holdings LLC, an Indiana <br />Limited Liability Company, with a principal mailing address of P.O. Box 148, South Bend, Indiana 46624- <br />0148 (the “Grantee”), for and in consideration of Ten Dollars ($10.00) and other good and valuable <br />consideration, the receipt and sufficiency of which are hereby acknowledged, the following real estate <br />located in St. Joseph County, Indiana (the “Property”): <br />See Attached Exhibit 1 <br />The Grantor warrants title to the Property only insofar as it might be affected by any act of the <br />Grantor during its ownership thereof and not otherwise. <br />The Grantor hereby conveys the Property to the Grantee free and clear of all leases or licenses; <br />subject to real property taxes and assessments; subject to all easements, covenants, conditions, restrictions, <br />and other matters of record; subject to rights of way for roads and such matters as would be disclosed by <br />an accurate survey and inspection of the Property; subject to all applicable building codes and zoning <br />ordinances; and subject to all provisions and objectives contained in the Commission’s 2024 River East <br />Development Area Plan, as thereafter amended from time to time, and any design review guidelines <br />associated therewith. <br />Pursuant to Section 11 of the Purchase Agreement, the Grantor conveys the Property to the Grantee <br />by this deed subject to certain conditions subsequent. In the event the Grantee fails to perform the Property <br />Improvements in accordance with Section 11(A) of the Purchase Agreement, or comply with its post- <br />closing obligations under Section 11(B) of the Purchase Agreement, including, without limitation, failing <br />to cause a business to commence operation from the Property consistent with Buyer’s Use and to operate <br />such business for a continuous period of not less than one (1) year thereafter, then the Grantor shall have <br />the right to re-enter and take possession of the Property and to terminate and revest in the Grantor the estate <br />conveyed to the Grantee by this deed and all of the Grantee’s rights and interests in the Property without <br />offset or compensation for the value of any improvements to the Property made by the Grantee. The <br />recordation of a Certificate of Completion in accordance with Section 11 of the Purchase Agreement will <br />forever release and discharge the Grantor’s reversionary interest stated in this paragraph. <br /> <br /> <br /> <br /> <br />Page 1 of 3