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<br />Easement No. 17C Map No. 1906
<br />Line No. 92-181 South Bend -West Side
<br />Work Order: 4045990406
<br />RIGHT OF ENTRY
<br />THIS RIGHT OF ENTRY made this 1 day of
<br />��� 005, by and between The City of South Bend, Indiana by
<br />and through its Board of Public Works, whose address s: 1316 County -City Building, 227 W. Jefferson Blvd., South Bend,
<br />Indiana 46601, herein called "City", whether one or more persons, and INDIANA MICHIGAN POWER COMPANY, an
<br />Indiana corporation, whose business address is 1 Riverside Plaza, Columbus, Ohio 43215, herein called "Company".
<br />WITNESSETH:
<br />Company is contemplating construction work on a transmission line, which will require acquisition of right of way across lands
<br />and/or other interest in lands of the Undersigned in State of Indiana, St. Joseph County, Portage Township, Section No. 10,
<br />Township No. 37-North, Range No. 2-East, and it is necessary that such construction be commenced immediately due to the
<br />urgency to and that the construction of the electric transmission line not be delayed, and that certain questions have arisen in the
<br />pending negotiations between the Company and the City, which will require additional time and consideration by both parties, and
<br />that the construction of the electric transmission line be not delayed.
<br />It is understood and agreed that:
<br />The City does hereby grant a right of entry on and across its interest in any lands affected by the line which is shown on Exhibit
<br />"A" and reserves the right to use the right of way in anyway that is not inconsistent with the rights previously granted by the Deed
<br />of Easement identified as Exhibit "B", copies of Exhibits are attached hereto and made a part hereof. It is agreed that City will use
<br />its best efforts to finalize the acquisition of said property and approval of said right of entry at its meeting of January 27, 2005 and
<br />subjection has a high probability of passage.
<br />IN PARTICULAR THIS RIGHT OF ENTRY COVERS LOT NUMBERED SEVENTEEN (17) AS
<br />SHOWN ON THE RECORDED PLAT OF KALEY'S 1ST SUBDIVISION TO THE CITY OF
<br />SOUTH BEND, INDIANA, RECORDED JULY 16, 1900 IN PLAT BOOK 7, PAGE 73 IN THE
<br />OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY INDIANA.
<br />Commonly known as: 2602 Linden, South Bend, Indiana 46628.
<br />The City, for valuable consideration, received an Assignment of Judgment dated October 19, 2004 from Mortgage Electronic
<br />Registration Systems, Inc., as nominee for Deutsche Bank Trust Company Americas f/kfa Bankers Trust Company, as Trustee
<br />conveying and assigning all its right, title and interest and to a certain judgment pertaining to said Lot 17 obtained in the St. Joseph
<br />Circuit Court under Cause No. 7IC01-0311-MF-00984 on April 7, 2004. The City expects to finalize its acquisition of title to this
<br />Property on Thursday, February 17, 2005 at 10:00 a.m. at which time the Sheriff of St. Joseph County will offer the Property for
<br />public sale, subject to the judgment assigned to the City of South Bend. The City has a high probability of acquiring this Property
<br />at the Sheriff's Sale due to the high value of the judgment it acquired.
<br />This right of entry shall permit the Company through its employees, agents and contractors to proceed with the construction of the
<br />electric transmission line and do such acts thereon as would be permitted if the right of way had actually been obtained.
<br />The City waives no right to make claims for any damages for any acts, which would normally be the basis for an action for
<br />damages.
<br />Any payments made under the provisions of this agreement will not be construed as an impairment of the rights of the Company
<br />under the laws of eminent domain.
<br />This agreement contains all the terms and conditions of this right of entry express or implied, between the said parties hereto and
<br />shall be binding upon and inure to the benefit of the Company and City and their respective representatives, heirs, successors,
<br />assigns, lessees, Licensees and invitees.
<br />THE CITY OF SOUTH BEND
<br />By and Through its BOARD OF PUBLIC WORKS ATTEST:
<br />BY:
<br />�'WLLZ6
<br />Secretary
<br />Its:
<br />APPROVED
<br />Board of Public Works
<br />w\WPDATA\tOHN Llrightentry_E17CM1906.doc
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