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CONSTRUCTION, EASEMENT, RESTRICTION AND OPERATING AGREEMENT
<br />ESTOPPEL
<br />Date: November b_, 2013
<br />Reference is made to that certain Construction, Easement, Restriction and Operating
<br />Agreement by and among South Bend Joint Venture, an Indiana general partnership, fva Rahn
<br />Properties H ( "Venture "), 1st Source Corporation, an Indiana corporation, f/k/a First Bank &
<br />Trust Company of South Bend (1st Source "), the City of South Bend, Indiana, a municipal
<br />corporation under the Laws of the State of Indiana ( "Cif '), the City of South Bend Department
<br />of Redevelopment, a department of the City ( "Department ") and the South Bend Civic Center
<br />Board of Managers, a board created under the ordinances of the City of South Bend and pursuant
<br />to the Indiana State Code ("Board'), dated May I, 1987, and recorded in the Official Records of
<br />St. Joseph County, Indiana (the "Official Records ") on May 9, 1989, as Document No. 8911535,
<br />as amended by that certain First Amendment to Construction, Easement, Restriction and
<br />Operating Agreement, by and among Jenna Hotel Investments, LLC, a Delaware limited liability
<br />company ( "Jenna ") (as successor to Venture and Host Hotels & Resorts, L.P.), Center, City, the
<br />Department (by and through the South Bend Redevelopment Commission) and the Board, dated
<br />August 4, 2011, and recorded in the Official Records on August 15, 2011, as Document No.
<br />1120677 (collectively, the "Walkway Agreement" ). The undersigned party ( "Undersigned
<br />Party ") is the successor in interest to la Source under the Walkway Agreement. All terms and
<br />words of art used herein, as indicated by the initial capitalization thereof, shall have the same
<br />respective meanings designated for such terms and words of art in the Walkway Agreement.
<br />At the request of Jenna, in connection with its financing of that certain real property
<br />located at 123 N. St. Joseph Street, South Bend, Indiana, and the improvements located thereon
<br />(collectively the "Pro pert "), the Undersigned Party hereby certifies to Jenna and Lender (as
<br />defined below), as follows:
<br />A. The Walkway Agreement is in full force and effect.
<br />B. The Walkway Agreement has not been modified or attended, except as set forth
<br />herein.
<br />C. 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 of any nature whatsoever and (c) in complete reliance upon
<br />the appointment of a manager pursuant to the Common Facilities Management Agreement dated
<br />August 4, 2011, no party to the Walkway Agreement is in default, except as follows: None
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