Real Property Transfer Agreement - South Bend Heritage Foundation

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AUDITOR'S RECORD TRANSFER NO. TAXING UNIT DATE KEY NO. Multiple See Attached SPECIAL WARRANTY DEED THIS INDENTURE WITNESSETH THAT the City of South Bend, Indiana, by and through its Board of Public Works (the "Grantor" or the "City") CONVEYS AND SPECIALLY WARRANTS TO South Bend Heritage Foundation, Inc an Indiana non- profit corporation, with its registered address being 803 Lincoln Way West South Bend, IN 46616 (the "Grantee") for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the following real estate in St. Joseph County, Indiana (the "Property,,): See Attached Exhibit A The Grantor warrants title to the Property only insofar as it might be affected by any act of the Grantor during its ownership thereof and not otherwise. Grantor hereby conveys the Property subject to all covenants, restrictions, and easements of record. The Grantor conveys the Property to the Grantee subject to the limitation that the Grantee, and its successors and assigns, shall not discriminate against any person on the basis of race, creed, color, sex, age, or national origin in the sale, lease, rental, use, occupancy, or enjoyment of the Property or any improvements constructed on the Property. Pursuant to Section 5 of the Real Property Transfer Agreement, the Grantor conveys the Property to the Grantee by this deed subject to certain conditions subsequent. In the event the Grantee fails to perform the Property Improvements, or satisfactorily to prove such performance, then, in accordance with Section 8 of the Real Property Transfer Agreement, the Grantor shall have the right to re-enter and take possession of the Property and to terminate and revest in the Grantor the estate conveyed to the Grantee by this deed and all of the Grantee's rights and interests in the Property without offset or compensation for the value of any improvements to the Property made by the Grantee. The recordation of a Certificate of Completion in accordance with Section 6 of the Real Property Transfer Agreement will forever release and discharge the Grantor's reversionary interest stated in this paragraph.