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12) EES. 2-- !E!i 1 2 1 <br />RECORDED AS PRESENTED ON <br />c-�tJ (��rd 6 r <br />PROJECT: STP-9971(053) <br />PARCEL: 9A <br />06/14/2006 10:22:44AM <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: $17.00 <br />PAGES: 4 <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT Pizza Hut of America Inc. a Delaware corporation, <br />formerly Golden Bear Family Restaurants Inc. an Illinois —corporation , <br />of Jefferson County, in the State of Kentucky—, <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 grantor's(s) ate properly 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 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 gradinga_nd//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 out 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(s) executing this agreement represent(s) and certify(certifies) on behalf of the <br />Grantor, that (each of) the undersigned is a duly elected officer of the Grantor and has been fully <br />empowered by proper resolution, or the by-laws of the Grantor, to execute and deliver this agreement; that <br />the Grantor is a corporation in good standing in the State of its origin and, where required, in the State <br />where the subject real estate is situate; that the Grantor has full corporate capacity to convey the real estate <br />described; and that all necessary corporate action for the making of this conveyance has been duly taken. <br />Dated this day of March 006 - �• <br />Pizza Hut of America Inc. a Delaware cor oration <br />B <br />(Signature) Melanie A. Bootes <br />Attorney —in —Fact <br />'Tinted Name and Title) <br />Pagel of 2 <br />