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interests of the Grantor, for the use and benefit of the Grantee, to the nature and extent that the <br />Grantee may desire said air, surface and subsurface rights and interests to accomplish and carry out <br />the general purpose of this conveyance as the same has hereinabove been expressed, The easement <br />hereby granted is for the exclusive benefit of the City of South Bend, Indiana, and expressly <br />includes the right and privilege at reasonable times to clean and remove from said easements such <br />timber, brush, debris, or other obstructions interfering with the water main system. <br />The Grantor reserves the right to use and occupy the surface area on and over the <br />easements provided that said use and occupancy does not in any way conflict or obstruct the <br />Grantee's right to use said surface for the purposes and intentions hereinabove expressed. <br />The easement granted herein and the associated benefits and obligation, shall constitute a <br />covenant running with the real estate and shall be binding upon the Grantor and be an obligation <br />thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all <br />or any part of the said real estate. <br />This indenture shall bind and inure to the benefit of the respective successors and assigns <br />of the parties hereto. <br />In further consideration for the easement, at any time within twenty (20) years from this <br />date the Grantor or its successor owners of the land immediately west of the easement connects to <br />the water main then located in the easement, the charges normally made for said connection by the <br />South Bend Water Works or the City of South Bend shall be waived. <br />The Grantor hereby covenants with the City of South Bend that it is lawfully seized and <br />possessed of the parcel of real estate hereinabove described; that it has good and lawful right to <br />convey, and that the property is free of all encumbrances that would conflict with the right herein <br />granted; except for easement held by any railroad or its successors in interest. <br />The Grantor hereby releases any and all claims from whatsoever cause, incidental to the <br />exercise of any rights herein granted. <br />IN WITNESS WHEREOF, Grantor has executed this Grant of Easement for a water main <br />system on the date shown on the acknowledgment set forth herein. <br />GRANTOR: <br />SISTERS OF THE HOLY CROSS, INC. <br />GRANTEE: <br />CITY OF SOUTH BEND <br />BOARD OF PUB IC WO <br />k� <br />Gary ot, President <br />-'c.6 � <br />Carl Littrell, Member <br />Donald E. Inks, Member <br />