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Project: 104-040 <br />Parcel: 22 <br />Page: 2 of 3 <br />Any and all timber, shrubbery, fences, buildings and any other improvements situated within the area of the <br />temporary easement granted herein shall become the property of the City of South Bend except: <br />The said Grantor(s) acknowledge(s) that all provisions of this grant of temporary easement are as stated and set <br />forth herein and that no verbal agreements or promises exist with respect thereto. <br />This temporary conveyance is subject to any and all easements, conditions and restrictions of record. However, the <br />said Grantor(s), for the purpose of inducing the City of South Bend to accept this grant and to pay the hereinbefore <br />referenced consideration, represent(s) that the Grantor(s)are the owner(s) in fee simple of the Real Estate and that <br />there exist no encumbrances, conditions, restrictions, leases, liens (except current real estate taxes and assessments) of any <br />kind or character which would be inconsistent with the temporary rights granted herein. <br />The undersigned person executing this easement represents and certifies on behalf of the Grantor, that he/she is the <br />Manager of the Grantor and has been fully empowered by the Grantor, to execute and deliver this easement and all other <br />such instruments of transfer; that the Grantor is a Limited Liability Company in good standing in the State of its origin and, <br />where required, in the State where the subject real estate is situated; that the Grantor has full capacity to convey the real <br />estate described; and that all necessary action for the making of this conveyance has been duly taken. <br />0602350 <br />