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I n 1 <br />0 0 <br />beneficiaries of the covenants in this Section. The Deed shall state <br />that the covenants shall run with the Airport Land and in favor of <br />Airport, the County of St. Joseph, and their successors and assigns. <br />Specifically, the Deed shall contain the following provisions: <br />Conditions Subsequent to Transfer; Possibility of <br />Reverter; Grantee's Covenants and Restrictions <br />Upon Use <br />(a) This conveyance is made so long as Grantee <br />shall make payment of the entire amount of <br />$395,310.00 due hereunder to Grantor, on or before <br />April 1, 2000, and that in the event Grantee has <br />not made payment in full thereof to Grantor, title <br />to that portion of the Real Estate remaining <br />vested in Grantee and for which the respective <br />payment to Grantor has not been made and with <br />respect to which a Certificate of Payment and <br />Release from Reverter Provision has not been <br />issued by Grantor, shall revert to Grantor, unless <br />otherwise agreed by Grantor and Grantee in a <br />separate written agreement recorded in the office <br />of the St. Joseph County Recorder. <br />(b) The Grantee, and those whose title is derived <br />from the Grantee, covenant that they shall at no <br />time construct, erect, or suffer, any structure on <br />the premises to penetrate the Horizontal Surface <br />as defined in FAR Part 77. <br />(c) The provisions of Indiana Code 34- 1 -52 -5 <br />shall be applicable to the Real Estate hereby <br />conveyed to Grantee herein and that Grantee, its <br />successors and assigns shall not initiate or <br />support action in any court or before any <br />governmental agency if the purpose of the action <br />is to claim or allege that the public use airport <br />operations or any of the operations or any of the <br />operation's appurtenances are a private use or a <br />public nuisance: Provided, however, that this <br />prohibition shall be effective only so long as the <br />public use airport operations is operated in <br />accordance with the rules of the Indiana <br />Department of Transportation, Division of <br />Aeronautics, or its successor, and the public use <br />airport operations are not operated in a negligent <br />manner. <br />(d) That Grantee, its successors and assigns <br />shall not initiate or support action in any court <br />or before any governmental agency if the purpose <br />of such operation is to interfere with, restrict, <br />or reduce the operation of the Michiana Regional <br />Airport or the use of the Michiana Regional <br />