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Lesire said air, surface and subsurface rights and interests to <br />accomplish and carry out the general purpose of this conveyance as <br />the same has hereinabove been expressed. The easement hereby <br />granted is for the benefit of the City of South Bend, Indiana, and <br />expressly includes the right and privilege at reasonable times to <br />clean and remove from said easement such timber, brush, debris, or <br />other obstructions interfering with the sanitary sewer system. <br />The Grantee shall restore that area disturbed by its works to <br />as near the original condition as possible and shall be responsible <br />for crop loss due to construction on the parcel described herein. <br />The Grantor reserves the right to use and occupy the surface <br />area on and over the easement provided that said use and occupancy <br />does not in any way conflict or obstruct the Grantee's right to use <br />said surface for the purposes and intentions hereinabove expressed. <br />The easement granted herein and its associated benefits and <br />obligation, shall constitute covenants running with the real <br />estate, and shall be binding upon the Grantor and be an obligation <br />thereof of every person or entity now or hereafter having any fee, <br />leasehold, or other interest in all or any part of the said real <br />estate. <br />This indenture shall bind and inure to the benefit of the <br />respective successors and assigns of the parties hereto. <br />The Grantor hereby covenants with the City of South Bend that <br />they are lawfully seized and possessed of the parcel of real estate <br />hereinabove described; that it has a good and lawful right to <br />convey and that it is free of all encumbrances that would conflict <br />with the right herein granted. Grantee acknowledges the existence <br />of the following encumbrances: <br />Subject to <br />1) A distribution easement granted by James H. Kidder and <br />Barbara K. Kidder as tenants in common to Indiana Michigan <br />Power Company, an Indiana corporation, dated January 24, 1996, <br />and recorded as Document No. 9607068; <br />2) A Deed of Easement granted by Edward F. Richter and Bertha <br />M. Richter, his wife, and Alonzo L. Matthews and Emma A. <br />Matthews to Indiana & Michigan Electric Company, an Indiana <br />corporation, dated October 6, 1954, and recorded in Deed <br />Record Book 553, page 22.5; and <br />3) Right-of-way granted by Lester 0. Replogle and Fern M. <br />Replogle, Husband and Wife, to Standard Oil Company ,an <br />a <br />