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A I5T)/ZeloW Z/// <br />provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to <br />use said surface, in the Grantee's sole opinion, for the purpose and intentions hereinabove expressed. <br />The easement granted herein and its associated benefits and obligations, shall constitute <br />covenants running with the real estate, and shall be binding upon the Grantor and be an obligation <br />thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all or <br />any part of the said real estate. <br />This indenture shall bind and inure to the benefit of the respective successors and assigns of <br />the parties hereto. <br />The Grantor hereby covenants with Grantee that it has lawfully seized and is possessed of the <br />parcel of real estate hereinabove described; that it has a good and lawful right to sell and convey; and <br />that it will warrant and forever defend the title and quiet possession thereto against the lawful claims <br />of all persons whomsoever. <br />Grantor hereby releases any and all claims from whatsoever cause, incidental to the exercise <br />of any rights herein granted. <br />The most recent Deed of record is dated March 29, 1991 and was recorded on April 9, 1991 <br />in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 91 d8346. <br />(remainder of page intentionally left blank) <br />Page 2 of 4 <br />