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I? 1z) E6 � ffD- Jt e. <br />RECORDED AS PRESENTED ON <br />06/14/2006 10:28:32AM <br />ST. J. REC <br />HLAKE <br />I �DDfJ ST. JOSEPH COUNTY <br />/ RECORDER <br />REC FEE: $21. 00 <br />PAGES: 6 <br />PROJECT: STP-9971(053) <br />PARCEL: 6A & 6B <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT National Ct Bank of Indiana successor in interest to <br />Valley American Bank and Trust Company, an Indiana corporation <br />of Marion 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 />r 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 rantor's s'private property and/or lawn rading 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 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(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 Sate 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; that National City Bank of Indiana has duly acquired, or is otherwise a successor in interest to, <br />Valley American Bank and Trust Company, formerly an Indiana corporation with its principal office i❑ St. <br />Joseph County, Indiana; and that all necessary corporate action for the making of this conveyance has been <br />duly taken. <br />I affirm under the penalties for perjury that the foregoing representations are true and correct to the best of <br />my knowledge. <br />Dated this ��' day of <br />2006. <br />National City Bank of Indiana <br />BV <br />(Signatu <br />James C. Hall Vice President <br />(Printed Name and Title) <br />Page I of 2 <br />