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OPERATION, MAINTENANCE AND EASEMENT AGREEMENT ESTOPPEL
<br />Date: November, 2013
<br />Reference is made to that certain Operation, Maintenance and Easement Agreement dated
<br />as of October 22, 1979, and recorded with the St. Joseph County, Indiana Recorder ( "Recorder')
<br />as Instrument No. 8013310 on August 19, 1980 ( "Original Easement "), as amended by that
<br />certain First Amendment to Operation, Maintenance and Easement Agreement dated as of
<br />January 12, 1982, and recorded with the Recorder as Instrument No. 8213384 on September 2,
<br />1982 ("First Amendment "), as further amended by that certain Second Amendment to Operation,
<br />Maintenance and Easement Agreement dated as of May 1, 1987, and recorded with the Recorder
<br />as Instrument No. 9021586 on August 10, 1990 ( "Second Amendment "), as further amended by
<br />that certain Thud Amendment to Operation, Maintenance and Easement Agreement dated as of
<br />December 28, 2010, and recorded with the Recorder as Instrument No. 1036707 on December
<br />30, 2010 (`Thud Amendment'), and as further amended by that certain Fourth Amendment to
<br />Operation, Maintenance and Easement Agreement dated as of August 4, 2011, and recorded with
<br />the Recorder as Instrument No. 1120678 on August 15, 2011 ( "Fourth Amendment "), and as
<br />further amended by that certain Fifth Amendment to Operation, Maintenance and Easement
<br />Agreement dated as of February 7, 2013, and recorded with the Recorder as Instrument No.
<br />1304315 on February 12, 2013 ( "Fifth Amendment"). The Original Easement as amended by and
<br />together with the First Amendment, the Second Amendment, the Third Amendment, the Fourth
<br />Amendment, and the Fifth Amendment, collectively, the "Easement ". The undersigned party
<br />( "Undersigned Party ") is the successor in interest to V Source Corporation (f/k/a FBT Bancorp,
<br />Inc.) under the Easement. All terms and words of art used herein, as indicated by the initial
<br />capitalization thereof, shall have the same respective meanings designated for such terms and
<br />words of art in the Easement.
<br />At the request of Jenna Hotel Investments, LLC, a Delaware limited liability company
<br />in connection with the financing of that certain real properly located at 123 N. St.
<br />Joesph Street, South Bend, Indiana (the "Property'), the Undersigned Party hereby certifies to
<br />Jenna and LMREC III Holdings III, Inc., a Delaware corporation ( "Lender') as follows:
<br />A. As of the date of this Estoppel and to Undersigned Party's best knowledge,
<br />Undersigned Party has fully complied with any and all installation, construction, maintenance,
<br />operation, repair, and replacement obligations contained in the Easement with respect to the
<br />Hotel Maintenance Area.
<br />B. As of the date of this Estoppel and to the actual knowledge of Undersigned Party,
<br />(a) based solely on day to day observations of the Common Facilities and (b) without further
<br />investigation, inspection or inquiry or any nature whatsoever and (c) in complete reliance upon
<br />the appointment of a manager pursuant to the Management Agreement described in Section C of
<br />this Estoppel, Jenna and Undersigned Patty have fully complied with any and all installation,
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