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in any way, interfere, contlict or obstruct the Grantee's right to use said real estate, in the opinion of <br />the Grantee, for the purpose and intentions hereinabove expressed. More specifically, the Grantee <br />may also use of the real estate for storm water and utility purposes provided that the Grantee shall <br />not use the real estate in a manner that may prevent the storm water basin and utility systems from <br />having sufficient capacity to, or being used to, accomplish the Grantee's purposes. <br />The easement granted herein and its associated benefits and obligations, shall constitute <br />covenants panning with the real estate, and shall be binding upon the Grantor and be an obligation <br />thereofof 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 undersigned person(s) executing this Permanent Utility Easement on behalf of Huron <br />Partners, L.P. represent and certify that the undersigned is (are) the General Partner of Huron <br />Partners, L.P. and has (have) been fully empowered by proper resolution or other action of the Huron <br />Partners, L.P. to execute and deliver this easement, and all other instruments of transfer, for and on <br />behalf of Huron Partners, L.P. that Huron Partners, L.P. is a partnership in good standing in the <br />State of its origin and, where required, in the State where the subject real estate is situate; that Huron <br />Partners, L.P. has full legal capacity to convey the real estate described; and that all necessary <br />partnership action for the making of this conveyance has been duly taken. <br />The undersigned person(s) executing this Permanent Utility Easement on behalf of <br />Waggoner's Dairy Farms, Inc. represent and certify that the undersigned has (have) been fully <br />empowered by proper resolution or other action of the Waggoner's Dairy Farms, fne. to execute and <br />deliver this easement, and all other instruments of transfer, for and on behalf of Waggoner's Dairy <br />Farms, Inc.; that Waggoner's Dairy Farms, Inc. is a corporation in good standing in the State of its <br />origin and, where required, in the State where the subject real estate is situate; that Waggoner's Dairy <br />Farms, Inc. has full legal capacity to convey the real estate described; that such action is not <br />inconsistent with the articles of incorporation or bylaws of said corporation and that all necessary <br />partnership action for the making of this conveyance has been duly taken. <br />Pursuant to INDIANA CODE § 32-23-2-5 (a), the original recorded plat containing the Property <br />Page 2 of 4 <br />