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Defendants named herein have color of claim or appearance of color of claim to the <br />Property, but which color of claim or appearance of color of claim to -the Property is without <br />foundation in fact or in law; and <br />Plaintiff has named as defendants all persons within its knowledge through whom any <br />hostile claim may be asserted; and <br />9. Plaintiff is entitled to title in and to the Property. <br />1T IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that: <br />1. Title in and to the Property shall be and hereby is quieted in the name of the Plaintiff, City <br />of South Bend, Indiana. <br />2. The rights and interests of Defendant Indiana & Michigan Power Company, f/k/a Indiana <br />& Michigan Electric Company, as set forth in an easement dated August 11, I971 and recorded <br />August 23, 1971 in Deed Record 742, page 412 in the Office of the Recorder of St. Joseph <br />County, Indiana are preserved. <br />3. Defendants, The Shareholders of Banc One Kentucky Leasing Corporation, f/k/a Liberty <br />National Leasing Company and Chicorp Financial Services, Inc., and each of them, having failed <br />to appear, answer or otherwise comply with the Indiana Rules of- ria] Procedure, shall be and <br />hereby are defaulted. <br />tW., <br />ALL OF WHICH IS ORDERED, ADJUDGED AND DEC- D this 9th day bf, ,> ly, 2008, <br />JUDGE, ST. JOSEPH CIRitti;r-"bOURT <br />F:\DATA\SHARF\Legal\Wpdata\Cheryl GUitgationUberty National Leasing Company\P1eadmgs\0rdcr & Judgment_080709.doc <br />