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062s 1 3KD <br />RECORDED AS PRESENTED ON <br />06/14/2006 10:34:33AM <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: $49- 00 <br />PAGES: 5 <br />PROJECT: HES-9971() <br />PARCEL: 7A <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT South Bend Dental Center Partnership. LLC. an Indiana <br />limited liability company <br />of, St. Joseph County, in the State of Indiana , <br />CONVEY(S) A TEMPORARY EASEMENT TO TFIE 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 grantor's(s'_private property and/or lawn grading 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/or lawn grading 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 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 City of South Bend, through its authorized representatives <br />during said construction. <br />The undersigned person executing this agreement represents and certifies on behalf of the Grantor, that he <br />is the Manager of the Grantor and has been fully empowered by the Grantor, to execute and deliver this <br />agreement and all other such instruments of transfer; that the Grantor is a Limited Liability Company in <br />good standing in the State of its origin and, where required, in the State where the subject real estate is <br />situate; that the Grantor has full capacity to convey the real estate described; and that all necessary action <br />for the making of this conveyance has been duly taken. <br />Dated this day of / 9- , 2005. <br />South Bend Dental Center Partnershi12, LLC an Indiana limited liabili1y compan <br />r. A 5ugK1RK <br />B Rod w\V <br />.p ..., ANenC �xp`ies <br />(Signature) <br />�'�t�,y�r '• � MY G�afG�� 13.2p49 <br />Charles H. Rosenbaum. Manager <br />(Printed Name and Title) <br />Page I of 2 <br />