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No mounding, fill, water impoundment or tree plantings shall be permitted within the right of way and 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 the 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 Board of Public Works <br />BY: <br />B y. !'G <br />STATE OF INDIANA <br />COUNTY OF ST. JOSEPH: SS <br />ATTEST: <br />Secret y <br />Before me, the undersigned, a Notary Pub in a d for St. Joseph County, Indiana, personally <br />appeared <br />, personally known to be. the members of the City of South Bend, <br />Indiana, Board of Red and acknowledged the execution of the foregoing as their voluntary act and deed. <br />WITNESS my hand and Notarial Seal this L day o 2004. <br />j'NtaTyiSPu lic <br />msion Expires: l <br />THIS INSTRUMENT WAS PREPARED BY INDIANA MICHIGAN POWER COMPANY <br />HAWPDATAUGHN L\bosch_17C1906.doc EXIIIBIT "C" <br />