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I. That the Commission, the City and their employees, contractors, subcontractors <br />and agents shall have access to the Right of Way Parcel and the Temporary Easement Parcel to <br />proceed with the construction of the Right of Way Improvements and the Temporary Easement <br />Improvements with the understanding that the Commission will proceed to purchase the Right of <br />Way Parcel and obtain a temporary easement pursuant to a Warranty Deed and Temporary <br />Easement in the forms set forth at Exhibits C and D, respectively, subject to the successful <br />completion of its acquisition procedures required by law. <br />2. That this right of entry shall permit the Commission and the City through their <br />employees, contractors, subcontractors, and agents to construct the Right of Way Improvements <br />and the Temporary Easement Improvements and to do such acts thereon as would be permitted if <br />the Right -of -Way Parcel and Temporary Easement Parcel had actually been obtained and <br />secured. <br />3. That the undersigned Nvaives no right to make a claixn for any nrrent right <br />acts which are outside the Right of Way Parcel, the Temporary Easement Parcel or a <br />of way and which would normally be the basis for an action for damages. <br />4. Neither party hereto waives any of its rights in the event of a default under the <br />Agreement or this Right of Entry- S� <br />IN WITNESS THEREOF, the undersigned has hereto set his hand and seal this <br />a <br />day of o ,S 1- , 2006. <br />WAGGONER FARMS DEVELOPMENT, L.P. <br />rgnat rC / /, <br />zet <br />i�linie ame an irk <br />STATE OF INDIANA ) <br />) SS: <br />ST. JOSEPH COUNTY ) <br />bignaiwe <br />rune Name are 11 e <br />Before me, the nd rsigned, a Notary Public, in and for said County and State, personally <br />ap ed and known to me to be the <br />and respectively of Waggoner Farms Developmailt .,L2, <br />anez� <br />d acknowledged the execution of the foregoing Right of Entry. <br />1N WITNESS WHEREOF, I have hereunto subscribed my name and afliceday,' - £ <br />seal on the �_ day of , 2006_ <br />W.riT, w,-, zY•ar=ram , .. <br />NOta <br />Residing in St. Joseph County, Indiana -717 <br />Page 2 of 3 <br />