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VH,� <br />Transfer <br />Taxing Unit ' <br />Date_ D 1- /—,V. <br />LANDSCAPE EASEMENT <br />JUh-32�15 <br />The Trustees of Indiana University ("Indiana University") hereby grants to The <br />University of Notre Dame DuLac ("Notre Dame University") a landscape easement for <br />that certain real estate described on Exhibit A attached hereto and made a part hereof <br />("Easement Area") for the purpose of providing landscaping and maintenance thereof on <br />the Easement Area, subject to the following terms and conditions <br />1. Notre Dame University shall have the right to come upon the Easement Area <br />and to include the Easement Area in its overall campus master plan for <br />landscaping purposes subject to the limitations and conditions set forth herein. <br />2. Notre Dame University assumes all obligations in association with the <br />landscaping and maintenance thereof on the Easement Area, including all <br />costs, expenses and liability. <br />3. Any landscaping or other improvements to the Easement Area, whether <br />temporary or permanent must first be approved in writing by an authorized <br />representative of Indiana University. <br />4. No construction or other activity shall occur on the Easement Area that in any <br />way shall detract or otherwise diminish the view or aesthetic appearance of <br />the building currently known as the South Bend Center for Medical Education <br />located immediately south and across the public right of way, currently known <br />as Edison Road, from the Easement Area. <br />In the event of a violation of the terms and conditions of this Easement, Indiana <br />University reserves the right to terminate the Easement, provided, however, that Indiana <br />University shall first give Notre Dame University written notice setting forth the <br />violation(s) of the terms of this Easement and Notre Dame University shall have ninety <br />(90) days to cure or correct the violation(s). Upon expiration of said ninety (90) day <br />notice period if the violation(s) remain uncorrected to the satisfaction of Indiana <br />University, then Indiana University may execute a notice of termination, a copy of which <br />shall be recorded and noted upon any recorded copy of this Easement right and thereupon <br />this Easement shall be terminated. Notre Dame University shall pay any costs, fee and <br />expenses incurred by Indiana University in enforcing the terms of this Easement. <br />In witness whereof Indiana Univ sit has caused this Landscape Easement to be <br />executed this �� day of , / , 2005. <br />The Trustees of Indiana University <br />Byy,_Q .B4Q ..M. _--, <br />Juft G. Palmer, Vice President / <br />Chief Financial Officer and Interim Treasurer <br />ULY ENTERED FOR TAXATION <br />MICHAEL C. EBY <br />ST. JUSEPH CO. INDIANA <br />0531150 ST JOSEPH COUNTY pg 1 of 4 <br />