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7SU 531�2 <br />-2- <br />7o have and to hold the said easement unto the Civil City of South <br />Bend, Indiana, and unto its successors and assigns forever. <br />And the said Grantors hereby covenant with the Civil City of south <br />Bend, Indiana, that they are lawfully seized and possessed of the afore -- <br />described tract or parcel of land; that they have a good and lawful right <br />to sell and convey; that it is free from all encumbrances; they they wil; <br />warrant and forever defend the title in quiet possession thereto agai.ist- <br />the lawful claims of all persons whomsoever; and that they and/or their <br />successors, agents, contractors or assigns warrant that they will not <br />engage in or authorize any construction or activity of any nature now or <br />in the future which will inhibit, disturb, or deny the stated purpose <br />which the aforedescribed land is to be used. <br />And the said Grantor acknowledges that this easement is given in ex- <br />change for the further consideration of reduced storm water retention <br />drywell requirements. <br />And as a further consideration for the payment of the purchase price, <br />above stated, the Grantors hereby release all claims for damage, from what- <br />soever cause, incidental to the exercise of any of the rights herein granted, <br />from the beginning of the world until this date. <br />It is understood and agreed by the parties hereto, that wherever in the <br />foregoing instrument the singular number is used, it will be read as plural, <br />if and when necessary, and that wherever words of neuter gender are employed, <br />they will likewise apply to the masculine gender, whenever the contract <br />requires. <br />TITLE: <br />THE O'BRIEN CORPORATION <br />L. O. Carter <br />Purchasing Director <br />