#2062- Deed; CONSENT TO ANNEXATION Section 1, 2 & 3

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thence North 07027141" East, a distance of 31.73 feet; thence North 31002115" West, a distance of 62.96 feet to a point of non -tangent curvature; thence along said curve to the left having a radius of 330.00 feet and a central angle of 4'21'06" and limited in length by a chord which bears South 71036'49" West, a distance of 25.06 feet; thence North 31°02'15" West, a distance of 134.83 feet; thence North 90000,00" West, a distance of 111.32 feet to the place of beginning containing 7.81 acres more or less. Portage Realty Corporation, 129 Dixie Way South, South Bend, Indiana 46637, owner of the Real Estate, (hereinafter "Owner"), for itself and its successors in title and assigns, waives and releases any and all right which it may now or hereafter have to remonstrate against or otherwise object to, interfere with, or oppose any pending or future annexation of the Real Estate by the City of South Bend. In further consideration and to induce the City of South Bend to allow Owner to tap into the public sanitary sewer of the City of South Bend, Owner, for itself and its successors and assigns, agrees hereby to vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate at any future time by duly authorized ordinance. It is understood and acknowledged by Owner that the execution of this document binds Owner and all successors in title of the subject Real Estate to the terms hereof. The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. POREALTY CORPORAT N By RMDonald Ja ski Executiv ice President STATE OF INDIANA } } SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for said State, personally appeared Donald Jankowski, Executive Vice President of Portage Realty Corporation, and acknowledged the execution of this Consent to Annexation and Waiver of Right to Remonstrate as his voluntary act and deed.