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12) -7Z+C-_ Z+�� <br />RECORDED AS PRESENTED ON <br />11/30/2007 10:17:49AM <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />PROJECT: HES-9971O REC FEE: S38. 00 <br />PARCEL: 5A, 5B, 5C, 5F & 5G PAGES: 14 <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT South Bend MAC L.P. an Indiana Limited Partner hi <br />of— �RhL County, in the state of ludiana <br />, <br />CONVEY(S) A TEMPO-RARY EASEMENT TO THE CITY OF SOUTH BEND, STATE OF INDIANA <br />227 11. Jefferson Blvd., Suite 1316, South Bend, IN 46601 <br />for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt <br />whereof is hereby acknowledged, the following described real estate in St. Joseph County, Indiana, to -wit: <br />Exhibit "A" attached hereto and made a part hereof <br />The undersigned grantor(s), being duly sworn, says) that he (she, they) is (are) the sole owners) of the <br />above -described property, and said grantor(s) further represent(s) that there are no eases or options of ann <br />kind or character on said lands as conveyed. Ly <br />The above -described right of way is temporary right of way for the purposes of constructin g a driveway for <br />Service t he rant r'private propea and/or lawn gradiu and will revert to the grantor(s) upon the <br />completion of said project. It is further understood and agreed that this conveyance transfers only the right <br />to make or construct said driveway and/ r lawn grading on said lands and to use any material lying within <br />the above -described limits suitable for use in construction of said drivewa and/or lawn aradin and does <br />not convey any rights to any minerals or other substances underneath the surface, except as it may be used <br />for the construction of said improvements. Trees or any other land improvements may be cut or removed <br />from said granted temporary easement by the C <br />during said construction. ity of South Bend, through its authorized representatives <br />The undersigned person executing this agreement represents and certifies that South Bend MAC Inc. is <br />the general partner of the Grantor and has been fully empowered by proper resolution or other action of <br />is a the <br />partnership in good standing in the State of its origin and, where required, in the State where the subject <br />Grantor to execute and deliver this agreement for and on behalf of the Grantor; that the Grantor <br />real estate is situate; that the Grantor has full legal capacity to convey the real estate described; and that all <br />necessary partnership action for the making of this conveyance has been duly taken. The undersigned <br />person executing this agreement further represents and certifies that the undersigned is a duly elected <br />officer of South Bend MAC, Inc. and has been fully empowered by proper resolution or the by-laws o <br />South Bend MAC, Inc, to execute and deliver this agreement for and on behalf of South Bend MAC f <br />as the general partner of the Grantor, and that all necessary corporate action for doing so has been duly <br />taken. ,Inc. <br />Dated this day of <br />2007. <br />South Bend MAC L.P. an Indiana Limited Partnerslni <br />By: South Bend MAC, Inc., its General Pa e <br />B r <br />(Signature) <br />Mar[ n Will President <br />(Printed Name and Title) <br />Page] of 2 <br />