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PROJECT: STP-9971(053) <br />PARCEL: 5 REC FEE: <br />PAGES: 4 <br />TEMPORARY EASEMENT <br />RECORDED AS PRESENTED ON <br />06/22/2006 03:00:52PM <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />$18. 00 <br />�6 563-7 <br />RECORDED AS PRESENTED ON <br />/16/2006 12:36:27PH <br />TER J. R ARE <br />ST. J COUNTY <br />ER <br />EC FEE: .00 <br />PAGES: 4 <br />AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT Advance Stores Company, Incorporated, d/b/a Advance <br />Auto Parts, of Roanoke County, in the State of Virginia , <br />CONVEY(S) A TEMPORARY EASEMENT TO THE CITY OF SOUTH BEND, STATE OF INDIANA <br />for and in consideration of one dollar (S 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 />This temporary easement shall be effective to the extent the Grantor has the authority to grant such rights <br />to the Grantee, but shall, in any case, be superior to any possessory or leasehold interest the Grantor may <br />have in the above -described real estate as long as such temporary right of way is in effect. <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/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 />,radin and/or walk constriction and/or curb installation 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 gradin and/or <br />nd/or <br />walk constriction 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 />In conducting the above -referenced improvements, the Grantee shall provide access at all times to the Grantor's <br />business operating on the property subject to the same lease as the real estate described at Exhibit A. Grantee shall <br />further be responsible for and shall indemnify, defend and save harmless the Grantor from all claims, suits, actions, <br />damages and costs arising out of any and all damage or injury to person(s) life or property due to acts of negligence or <br />willful misconduct of Grantee, its subcontractors, agents, or employees in constructing the above -referenced <br />improvements on the real estate described at Exhibit A; provided that such indemnity shall not apply to any claim, <br />suit or action brought by the owner of the real estate or arising out of the negligence or willful misconduct of Grantor <br />or its employees. <br />The undersigned person executing this agreement represents and certifies on behalf of the Grantor, that he <br />is a duly elected officer of the Grantor and has been fully empowered by proper resolution, or the by-laws <br />of the Grantor, to execute and deliver this agreement; that the Grantor is a corporation in good standing in <br />the State of its origin and, where required, in the State where the subject real estate is situate; that the <br />Grantor has full corporate capacity to convey the real estate described; and that all necessary corporate <br />action for the making of this conveyance has been duly taken. <br />Page 1 of 2 <br />