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DONATION AGREEMENT <br />This is a Donation Agreement (the "Donation Agreement") for certain real property located at <br />1251 W. COLFAX AVENUE, SOUTH BEND, IN 46616 ("Property"), dated and effective as <br />of this 24TH day of SEPTEMBER, 2019 between HABITAT FOR HUMANITY OF ST. <br />JOSEPH COUNTY, INC. a domestic nonprofit corporation ("Donor") and CIVIL CITY OF <br />SOUTH BEND, a municipal corporation, FOR THE USE AND BENEFIT OF ITS BOARD <br />OF PUBLIC WORKS ("Donee"). <br />RECITALS <br />This Donation Agreement is made and entered into on the basis of the following facts and <br />understandings of the parties hereto: <br />A. Donor is the owner of the Property, which is more particularly described on l"Nlibit <br />A attached hereto. <br />B. Donor desires to donate the Property to the Donee and the Donee desires to accept <br />the Property under the terms and conditions set forth herein. <br />1.1 Representations and Warranties of Donor. Donor represents and warrants that it <br />is duly organized and in good standing in the State of Indiana as a non-profit <br />corporation, and that the signatory hereto has been authorized by the Donor to <br />transfer the Property to the Donee. Further, Donor represents and warrants that it <br />has good and marketable fee simple title to the Property and has not granted any <br />option or right of first refusal to any person or entity to acquire the Property or any <br />interest therein. <br />1.2 Transfer. Donor agrees to donate the Property to Donee as a gift and for no <br />consideration, and Donee agrees to accept the Property from Donor on the terms and <br />conditions set forth herein. <br />1.3 Title. Title shall be transferred via a quit claim deed or its equivalent substantially <br />in the form attached hereto as Exhibit B. <br />1.4 Cigaing (.'gal , Donee shall pay all costs associated with the transfer of the Property, <br />including but not limited to transfer fees and recording costs. <br />1.5 Taxes. Donor shall be liable for all taxes assessed and levied against the Property <br />up to the transfer date. <br />1.6 Filriller . Donee and Donor agree to execute all instruments and <br />