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Apr-30-02 04:16pm From-LEONARD, STREET AND DEINARD + T-423 P.000/013 F-587 <br /> • • <br /> such funds or security before enforcing the obligations of Indernnitor,but may enforce such obligations <br /> by any lawful means in the same manner and to the same extent as if no such funds or security were held. <br /> AND THE INDEMNITOR FURTHER COVENANTS that for the purpose of carrying out the <br /> provisions of the last mentioned paragraph, Indemnitor does hereby name,constitute and appoint The <br /> Company its attorney-in-fact to do all things necessary and convenient. <br /> AND THE INDEMNITOR FURTHER COVENANTS that in the event that any judgment shall <br /> be or shall have been rendered or any process shall be or shall have been issued,based upon any of the <br /> Items or any other items growing out of any of the same,under which a sale could be held affecting or <br /> purporting to affect said land or any portion thereof,Indemnitor promises and agrees that it will satisfy <br /> the same and cause the same to be satisfied and discharged of record prior to the occurrence of any such <br /> sale. <br /> AND THE INDEMNITOR FURTHER COVENANTS that nothing herein shall be construed as <br /> an obligation on the part of The Company to issue any policy(ies) of title insurance nor an obligation on <br /> the part of The Company to obtain the issuance thereof,but in the event The Company does issue any <br /> policy(ies) in the manner contemplated,the undersigned Indemnitor gives the assurances and makes the <br /> agreements herein set forth,for the benefit of The Company. <br /> AND THE INDEMNITOR FURTHER COVENANTS that for the purposes of carrying out the <br /> provisions of this Agreement,the Indemnitor hereby pays The Company the sum of THIRTY ONE <br /> THOUSAND FIVE HUNDRED FIFTY SEVEN AND No/100ths dollars ($31,557.00) and The <br /> Company, in its sole discretion,may use any portion or portions or all of said funds for such purposes. At <br /> such time as all obligations of Indemnitor hereunder has been fully performed, and the title to said real <br /> property is free of the effect of the Items and/or free of the effect of any items growing out of or based <br /> upon those Items, and The Company has no present or contingent liability arising out of Items,The <br /> Company will repay to Indemnitor all funds remaining unused by The Company, except for the <br /> administration and handling charges of The Company. <br /> AND THE INDEMNITOR FURTHER COVENANTS that, if suit shall be brought to enforce <br /> this Agreement,Indernnitor will pay the attorney's fees of The Company. <br /> AND THE INDEMNITOR FURTHER COVENANTS that all of the obligations of Indemnitor <br /> hereunder shall be several as well as joint_ All of the provisions of this Agreement shall inure to the <br /> benefit of and bind the parties hereto and their legal representatives and successors in interest. <br /> IN WITNESS WHEREOF,the Indemnitor(s)have executed this Covenant of Indemnity this 3`d <br /> day of December,2001. <br /> .nd mnit. S'1 ey Rebers <br /> (T ,...„,„ mit c,r <br /> (Indemnitor)Barbara ebers <br />