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Q c�D Post - Closing Undertaking This Post - Closing Undertaking is made on January 8, 2014 (the "Closing Date "), by the SOUTH BEND REDEVELOPMENT COMMISSION (the "Commission "), to and in favor of CURTIS PRODUCTS, INC., an Indiana corporation ( "Purchaser "). RF.CTTAi.0 WHEREAS, the Commission and Purchaser, entered into that certain Contract for Purchase and Sale, dated as of December 12, 2013 (the "Purchase Agreement "), with respect to improved land commonly known as 401 North Bendix Drive, South Bend, Indiana 46628 (the "Property"); WHEREAS, in connection with the sale and purchase of the Property, the Commission has provided to Purchaser an ALTA survey of the Property, which indicates that an alley remains un- vacated, beginning at the eastern boundary of the Property, south of Linden Avenue (the "Alley ") and that the Property is on both the north and south side of the entire Alley; WHEREAS, Purchaser wishes to vacate the alley, but is willing to conclude the purchase of the Property without taking action to do so in reliance upon the Commission's undertaking and IN CONSIDERATION OF the Commission's receipt of the Purchase Price (as set forth in the Purchase Agreement) and other good and valuable consideration in hand paid by Purchaser to the Commission, the receipt and sufficiency of which are hereby acknowledged and confessed by the Commission, the Commission does hereby agree for the benefit of Purchaser as follows: AGREEMENTS 1. Recitals. The foregoing recitals are true, correct and by this reference incorporated herein. 2. Definitions. Unless otherwise defined herein, all capitalized terms have the meanings ascribed to such terms in the Purchase Agreement. 3. Cooperation. The Commission does agree to cooperate with Purchaser as Purchaser may reasonably request in filing purchaser's application with the City of South Bend (and other appropriate agencies) to vacate the Alley and have the Alley become part of the Property. 4. Binding Effect. This undertaking shall be binding upon and inure to the benefit of Purchaser, the Commission and their respective successors and assigns. 5. Governing Law. This undertaking shall be subject to and governed by the laws of the State of Indiana. 6. Counterparts; Electronic Signatures. A party hereto may deliver executed signature pages to this undertaking by facsimile or other electronic transmission to the other