#3170- Deed; RIGHT OF ENTRY To the City of South Bend, A part of the Northwest Quarter of Section 17, Township 38 North, Range 2 East, German Township

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Qs634`3g 1 RECORDED AS PRESENTED ON 08/14/2006 02:56:08P'd TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $61.00 PAGES: 25 RIGHT OF ENTRY (Bare Land Only) (With Site Improvements) THIS RIGHT OF ENTRY, made this I st day of August, 2006 is being provided to the CITY OF SOUTH BEND, INDIANA and the SOUTH BEND REDEVELOPMENT COMMISSION (collectively, the "City") by WAGGONER FARMS DEVELOPMENT, L.P. (the "Developer") and WAGGONER'S DAIRY FARMS, INC. WITNESSETI-I: WHEREAS, the South Bend Redevelopment Commission, on behalf of the City of South Bend, Indiana, Department of Redevelopment (the "Commission") and Waggoner Farms Development, L.P. (the "Developer") have entered into an Agreement dated July 21, 2006 (the "Agreement") providing for the development of a mixed use commercial, retail and residential area to be known as "Portage Prairie", along with certain ancillary support facilities within or adjacent to the Airport Economic Development Area within the City of South Bend, Indiana; and WHEREAS, the Commission desires to purchase the real property more particularly described at Exhibit A (the "Right of Way Parcel") in order to provide for the extension of Dylan Drive north from its current location in the existing U.S. 31 Industrial Park to Adams Road in the City or South Bend, Indiana (the "[light of Way Improvements") in accordance with the terms set forth in the Agreement; and WHEREAS, under the terms of the Agreement and Indiana Code § 36-7-14-19(e), the Developer has agreed to sell the Right of Way Parcel to the Commission upon the Commission's completion of its acquisition procedures under Indiana Code § 36-7-14; and WHEREAS, under the terms of the Agreement and for the consideration set forth therein, the Commission is obligated to construct certain improvements along the Right of Way Parcel (the-remporary Easement Improvements") on the real property more particularly described at Exhibit B (the "Temporary Easement Parcels"); and WHEREAS, the Commission is obligated to complete its acquisition procedures required under law and it is desirable that such construction be commenced as rapidly as possible and that the construction of the Right of Way Improvements and the Temporary Easement Improvements not be delayed; and NOW THEREFORE, for consideration, the sufficiency and receipt of which is hereby acknowledged, it is agreed by and among the undersigned and the Commission as follow: Page I of 3