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No mounding, till, water impoundment or tree plantings shall be permitted within the right of way all(l easement <br />without the written permission of the Grantee. <br />Grantee agrees to repair or pay the Grantor for damage to stock, growing crops, fences, gates, field tile, drainage <br />ways, drives, lawns, or structures caused by the Grantee in the exercise of titre rights herein granted. Grantee further <br />agrees to pay the prevailing market price for any marketable trees cut down outside the above described right of way <br />and easement during construction or maintenance of the electric transmission, distribution, and communication line <br />or lines. <br />This instrument contains all the agreements expressed or implied between the parties herein and shall inure to the <br />benefit of and be binding on their respective heirs, executors, administrators, lessees, tenants, successors, assigns <br />and invitees. <br />THE, CITY OF SOUTH BEND <br />By and through its Department Of Redevelopment <br />By: <br />,w— By: <br />By: <br />STATE OF INDIANA <br />COUNTY OF ST. JOSEPH: SS <br />appeared Before me, the undersigned, a Notary Public in and for St, Joseph County, Indiana, personally <br />City nd <br />Indiana, H3oard of Redevelopment and acknowledged the execution of tile foregoing as their viol ntary actofSouth <br />nd d ed. <br />WITNESS my hand and Notarial Seal this _ day of September 2004. <br />W� <br />9~} <br />Notary public <br />Commission Expires: <br />THIS INSTRUMENT WAS PREPARED BY INDIANA MICHIGAN POWER COMPANY <br />I- 1:""TERNAL1RMEASIbosclr 17C1906.doc <br />SIC <br />H E R <br />RXI-11131T "C" <br />