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200403+043 <br />FAZOLI'S ACKNOWLEDGMENT <br />STATE OF KENTUCKY <br />COUNTY OF FAYETTE <br />On this the _ `— day of January, 2004, before me Pamela B. Sargent, the <br />undersigned officer in and for said County, personally appeared David Smith, to me personally <br />known, who being by me duly sworn, acknowledged himself to be the Vice President of <br />Fazoli's Restaurants, Inc., a Kentucky corporation, that no seal has been procured by the said <br />corporation and that said Memorandum of Option was signed on behalf of the said corporation <br />and David Smith acknowledged the execution of said Memorandum of Option to be the <br />voluntary act and deed of said corporation. <br />In witness whereof, I hereunto set my hand and official seal. <br />Name: Pamela B. Sargent <br />Notary Public, State -at- Large, Kentucky <br />My Commission expires: January 26, 2006 <br />iSEAL] <br />`l <br />SAHO \Dept \Legal \USLEGAL\Ardent I \Special Projects \Termination of Memorandum of Option \1782.doc (07/29/98) <br />