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L <br /> M ' ` <br /> \ <br /> CONSENT TO <br /> COLLATERAL ASSIGNMENT OF REDEVELOPMENT AGREEMENT <br /> This will acknowledge receipt of a duplicate of the above and foregoing Collateral Assignment of <br /> Redevelopment Agreement, together with our ("City") consent and approval to collateral assignment of the <br /> Redevelopment Agreement between Niemann Holdings, LLC ("Owner") and City dated as of November 30, 2009, <br /> and all TIF notes arising therefrom or thereunder (collectively, the "AgreemenY') as of the date hereof. The City <br /> hereby agrees to look solely to Owner for the performance of all obligations required of Owner under the <br /> Agreement; provided, if Hickory Point Bank & Trust, fsb ("Lender") exercises the rights and privileges conferred <br /> upon it by the Collateral Assignment of Redevelopment Agreement and so notifies the City, the City agrees (i) to <br /> perform its obligations under and pursuant to the Agreement for Lender and (ii) Lender shall have no personal <br /> obligations or liabilities under the Agreement or otherwise for past acts by Owner. <br /> The City certifies that the Agreement is in full farce and effect (and there have beerr no modifications, <br /> supplements, amendments, or addendums thereto) and Owner is not in default thereunder. The City further agrees <br /> not to enter into any modifications, supplements, amendments or addendums to the Agreement without the prior <br /> written approval of Lender. <br /> Dated at Decatur, Illinois on September �/,2010. <br /> CITY O DE .AT ,ILLINOIS <br /> ; , <br /> By: <br /> ATT <br /> , <br /> By. � 5 <br /> Its: �r'"' <br /> STATE OF ILLINOIS ) <br /> ) SS <br /> COUNTY OF MACON) <br /> I,the undersigned, a Notary Public in and for said County and State,DO HEREBY CERTIFY that <br /> Michael T. McElrOy , Mayor ofthe CITY OF DECATUR,ILLINOIS,and whose name is <br /> subscriber to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, <br /> sealed, and delivered the foregoing instrument as his free and voluntary act and deed and as the free and voluntary <br /> act and deed of said company, for the uses and purposes therein set forth. <br /> IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on this <br /> September 2 2 ,2010. <br /> OFFIGAL SEAL <br /> LINDA M.SWARTZ otary Public <br /> Notary Public-State of Illintlis <br /> My CommU�lon E plres Feb 28,2ot 1 <br /> ..�.-,.r..-�-^�. <br />