LOC #1261 Kansas State
Bank
September 21, 2010
City of Salina, Kansas
300 West Ash Street, Room 202
P.O. Box 736
Salina, Kansas 67402-0736
RE: Irrevocable Letter of Credit#1261
We hereby establish our irrevocable letter of credit # 1261, in favor of the City of Salina, Kansas
("Beneficiary") for account of Southview Plaza of Salina, LLC d/b/a Genesis Health Clubs
("Genesis") for the sum of $200,000.00 available by your draft drawn on Kansas State Bank,
N.A., accompanied by the following document:
A written statement signed by an authorized signatory on behalf of the Beneficiary reading as
follows:
"Genesis has failed to perform the covenant by Genesis set forth in Paragraph 1 of the
Covenants Running with the Land dated September 20, 2010 by Southview Plaza of Salina, LLC
d/b/a/ Genesis Health Clubs for the benefit of the City of Salina, Kansas to either obtain all of
the no-build easements by the earliest to occur of the following dates or events, or, time being
of the essence, to immediately commence and to diligently complete the retroactive
construction of Code-compliant Alternative Construction within ninety days thereafter:
(a) December 20, 2010, or
(b) the issuance of a building permit for construction of a structure to be located within sixty
feet(60') of any point on the perimeter walls of the Facility."
We hereby agree with you that all drafts drawn under and in compliance with the terms of this
credit will be duly honored upon presentation and deliver of the document as specified to
Kansas State Bank, Manhattan, Kansas.
Sincerely,
Timothy C. McGuigan
Sr.Vice President
1424 South Maize Road • Wichita, Kansas 67209-1315
316.722.6665 • fax 316.722.6669 • www.kansasstatebank.com a„ ,FDIC