PERPETUAL HIGHWAY EASEMENT

THIS INDENTURE WITNESSETH, That C & S Whitehair, LLC, the Grantor of Delaware County, State of Indiana Conveys and Warrants to the DELAWARE COUNTY BOARD OF COMMISSIONERS, the Grantee, for and in consideration of the sum of Eleven Thousand Nine Hundred Seventy Five Dollars ($11,975.00) (of which said sum $4,275.00 represents land encumbered and improvements acquired and $7,700.00 represents damages) and other valuable consideration, the receipt of which is hereby acknowledged, a perpetual easement and right of way in, under and upon certain Real Estate situated in the County of Delaware, State of Indiana, and being more particularly described in the legal description(s) attached hereto as Exhibit “A” and depicted upon the Right of Way Parcel Plat attached hereto as Exhibit “B”, both of which exhibits are incorporated herein by reference, for the purpose of the construction, reconstruction, maintenance, operation and repair thereupon of a highway facility and appurtenances thereto, which said appurtenances may include but are not limited to, ditches and drainage facilities, slopes, rip rap, culverts, and like features necessary for the said highway facility.

This conveyance is subject to any and all easements, conditions and restrictions of record.

The undersigned represents and warrants that she is the Member of the Grantor; that the Grantor is a limited liability company validly existing in the State of its origin and, where required, in the State where the subject real estate is situated; that the Grantor has full company capacity to convey the real estate interest described; that pursuant to a resolution of the Members of the Grantor or the Operating Agreement of the Grantor she has full authority to execute and deliver this instrument on its behalf and that said authority has not been revoked; she is therefore, fully authorized and empowered to convey to the DELAWARE COUNTY BOARD OF COMMISSIONERS real estate of the Grantor, and that on the date of execution of said conveyance instrument she had full authority to so act; and that all necessary company action for the making of this conveyance has been duly taken.