5A3 Purchase Agreement for 2018-2020 S. Main St. (KCG Companies) - Signed

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1 SPECIAL WARRANTY DEED THIS INDENTURE WITNESSETH, that the City of South Bend, Department of Redevelopment, by and through its governing body, the South Bend Redevelopment Commission, 1400 S. County- City Building, 227 W. Jefferson Boulevard, South Bend, Indiana (the “Grantor”) CONVEYS AND SPECIALLY WARRANTS to KCG Development, LLC , a Florida Limited Liability Corporation and/or its permitted assigns with its mailing address at 9311 N Meridian Street, Suite 100, Indianapolis, IN 46260 (the “Grantee”), for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following real estate located in St. Joseph County, Indiana (the “Property”): Address: 2018 S MAIN ST Parcel Number: 018-8011-0484 State Parcel: 71-08-13-355-002.000-026 Legal Description: Lot 29 Bowmans Add To Town Myler Now Pt City South Bend Address: 2020 S MAIN ST Parcel Number: 018-8011-050001 State Parcel: 71-08-13-355-003.000-026 Legal Description: Lot 26 Thru 28 Bowman Add To Town Of Myler Now Pt Of City Of So Bend Address: 18 VAC LOT 96X165 MAIN ST Parcel Number: 018-8011-0500 State Parcel: 71-08-13-355-004.000-026 Legal Description: Lots 24 And 25 Bowman Add To The Town Of Myler Grantor, as its sole warranty herein, specially warrants to Grantee, and to Grantee’s successors and assigns, that Grantor will forever defend title to the Property against those claims, and only those claims, of all persons who shall claim title to or assert claims affecting the title to the Property, or any part thereof, under, by or through, or based upon the acts of Grantor, but not otherwise, subject to the all current, non-delinquent real estate taxes and assessments. Grantor and Grantee covenant and agree that Grantor conveys the Property to Grantee subject to the requirement that Grantee, and its successors and assigns, may use the Property solely for (i) income-based, multi-family housing, and market-rate multifamily housing; and (ii) any other use consented to in writing by Grantor, and Grantee shall not discriminate in the lease, rental, use, occupancy, or enjoyment of the Property or any improvements constructed on the Property. This restriction will at all times be subject to any mortgages recorded against the Property, and any foreclosure or deed in lieu of foreclosure with regard to any such mortgage shall automatically without further action terminate this restriction. Pursuant to Section 9 of the Real Estate Purchase Agreement, the Grantor conveys the Property to the Grantee by this deed subject to certain conditions subsequent. In the event that Grantee fails to perform the Property Improvements, or satisfactorily to prove such performance,