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06 1 77(D(D <br />RECORDED AS PRESENTED ON <br />05/08/2006 10:53:10AM <br />ST. JOSEPH COUNTY <br />C^-1 RECORDER <br />REC FEE: $27. 00 <br />PAGES: 9 <br />PROJECT: STP-9971(053) <br />PARCEL: 4I , 41 A, 41 B, 41 C & 41 D <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, T14AT Calvary Tem GIs a -South Bend Gospel Tabernacle. Inc. <br />of St. Joseph County, in the State of Indiana , <br />CONVEY(S) A TEMPORARY EASEMENT TO THE CITY OF SOUTH BEND, STATE OF INDIANA <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, say(s) that he (she, they) is (are) the sole owner(s) of the <br />above -described property, and said grantor(s) further represent(s) that there are no leases or options of any <br />kind or character on said lands as conveyed. <br />The above -described right of way is temporary right of way for the purposes of constructing a driveway for <br />service to the cantor's(s') private propertY and/or lawn grading and/or walk construction and/or curb <br />installation and will revert to the grantor(s) upon the completion of said project. It is further understood <br />and agreed that this conveyance transfers only the right to make or construct said driveway and/or lawn <br />grading and/or walk construction and/or curb installatio1 On said lands and to use any material lying within <br />the above -described limits suitable for use in construction of said driveway and/or lawn grading and/or <br />walk construction and/or curb installation and does not convey any rights to any minerals or other <br />substances underneath the surface, except as it may be used for the construction of said improvements. <br />Trees or any other land improvements may be cut or removed from said granted temporary easement by the <br />City of South Bend, through its authorized representatives during said construction. <br />The undersigned person executing this agreement represents and certifies on behalf of the Grantor, that the <br />undersigned is a duly elected officer of the Grantor and has been fully empowered by proper resolution, or <br />the by-laws of the Grantor, to execute and deliver this agreement; that the Grantor is a corporation in good <br />standing in the State of its origin and, where required, in the State where the subject real estate is situate; <br />that the Grantor has full corporate capacity to convey the real estate described; and that all necessary <br />corporate action for the making of this conveyance has been duly taken. <br />Dated this5d day of M"A , 200& <br />Edgar Cabello President <br />(Printed Name and Title) <br />Page 1 of 2 <br />