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casement granted herein shall pertain to the subsurface rights and interests of the <br />the use and benefit of the Grantee, to the nature and extent that the Grantee may <br />accomplish and carry out the general purpose of this conveyance as the same has <br />hereinabove been expressed. <br />Grantee will restore the area disturbed by its work to as near the original condition <br />as possible. <br />The Grantor reserves the right to use and occupy the surface area on and over the <br />easement provided that said use and occupancy does not in any way conflict or obstruct the <br />Grantee's right to use said surface for the purposes and intentions hereinabove expressed. <br />The easement granted herein and its associated benefits and obligations, shall <br />constitute covenants running with the real estate, and shall be binding upon the Grantors and <br />be an obligation thereof of every person or entity now or hereafter having any fee, leasehold, <br />or other interest in all or any part of the said real estate. <br />This indenture shall bind and inure the benefit of the respective successors and <br />assigns to the parties hereto. <br />The Grantor hereby covenants with Grantee that it is lawfully seized and possessed <br />of the parcel of real estate hereinabove described; that it has good and lawful right to convey <br />and that it is free of all encumbrances that would conflict with the right herein granted. <br />Grantor hereby releases any and all claims from whatsoever cause, incidental to the <br />exercise of any rights herein granted. <br />IN WITNESS WHEREOF, the said Grantor has executed this Grant of Perpetual <br />Easement on the date shown in the acknowledgment set forth herein. <br />SOUTH BEND REDEVELOPMENT AUTHORITY <br />L <br />BY: ' eU <br />R64ph roblewski, President <br />c <br />ATTEST: <br />An -re B. Gammage, Asst. Secr tary <br />