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200214383 AFFIDAVIT ON FACTS RELATING TO TITLE STATE OF OHIO ) )SS COUNTY OF CUYAHOGA ) The undersigned ( "Affiant "), as Executive Vice President of JG Conestoga L.L.C., an Ohio limited liability company ( "JG Conestoga "), being first duly sworn, deposes and states as follows: I . Affiant has knowledge of the facts contained herein and is competent to testify them in open court. 2. JG Conestoga is the owner of the parcel of real estate described on Exhibit A attached hereto and made a part hereof (the "Property "). 3. The Property was encumbered by that certain Lease Agreement (the "Lease ") dated as of July 29, 1974, by and between JG Conestoga, as assignee of a prior landlord, and Chromalloy American Corporation (K -G Retail Division), a Delaware corporation (the "Tenant "), as tenant, and that certain Memorandum of interest in connection therewith (the "Memorandum "), dated as of October 14, 1992 and recorded December 31, 1992 as Instrument no. 92- 111190 in the records of Hall County, Nebraska. 4. The Lease has been terminated, and Affiant believes all rights of Chromalloy American Corporation and KG Retail Stores, Inc. under the Lease and the Memorandum have been relinquished. 5. The Tenant vacated the Property prior to February 1996. 6. This Affidavit may be relied upon by Chicago Title Insurance Company (the "Title Company ") for the limited purpose of issuing to Conestoga Mall 2002, a Colorado limited liability company, an owner's policy of title insurance, pursuant to the Title Company's Commitment Number CM- 020320, and the loan policy to be issued in connection therewith. No other person or entity shall be entitled to rely upon this Affidavit. FURTHER AFFIAN'I SAYETH NAUGHT. I REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]