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<br /> <br /> <br /> 4 <br /> 2 Park Avenue, 23rd Floor <br /> New York, New York 10016 <br /> Attention: Jeffrey Moelis and Adam Hellegers, Esq. <br />Email: jmoelis@lmdp.com and <br />ahellegers@lmdp.com <br /> <br />With a copy to: Cohen Liuzzo PLLC <br />88 Pine Street, Suite 1430 <br />New York, New York 10005 <br />Attention: Anthony Bargnesi, Esq. and Eleor <br />Cohen, Esq. <br />Email: abargnesi@cohenliuzzo.com and <br />ecohen@cohenliuzzo.com <br /> <br />As to Investor Member : Cinnaire Fund for Housing Limited Partnership 45 <br />c/o Cinnaire 45, LLC <br />1118 South Washington <br />Lansing, Michigan48910 <br /> <br />With a copy to Kutak Rock LLP <br />1650 Farnam Street <br />Omaha, NE 68102 <br />Attn: Asher R. Ball <br /> <br /> or such additional or different address, notice of which is given under Section 7.2 hereof. <br />“Ordinance” means Ordinance No. 36-27 of the Common Council of the City adopted on <br />June 22, 2026, authorizing the Loan and the execution and delivery of this Agreement. <br />“Person” or words importing persons mean firms, associations, partnerships (including <br />without limitation, general and limited partnerships), limited liability companies, joint ventures, <br />societies, estates, trusts, corporations, public or governmental bodies, other legal entities and <br />natural persons. <br />“Project” has the meaning set forth in Recital B hereof. <br />“Redevelopment Commission” means the South Bend Redevelopment Commission. <br />“State” means the State of Indiana. <br />Section 1.3. Interpretation. Any reference herein to the City, to the Common Council, <br />to the Redevelopment Commission, or to any member or officer of the City includes entities or <br />officials succeeding to their respective functions, duties or responsibilities pursuant to or by <br />operation of law or lawfully performing their functions. <br />Any reference to a section or provision of the Constitution of the State or the Act, or to a <br />section, provision or chapter of the Indiana Code or to any statute of the United States of America,