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2012Q8624 establishment offering the sale of alcoholic beverages for consumption on the premises where such sales are not incidental to the sale of food for on premises consumption in a bona fide restaurant); unsupervised game room or amusement arcade; automobile dealership or repair shop; automotive repair shop which replaces or repairs automotive engines; an establishment selling, exhibiting or distributing pornographic or obscene materials; massage parlor; so-called "head shop"; body and fender shop; off-track betting parlor; "social encounter" type restaurant; or any promotion, entertainment, or amusement activities such as traveling carnivals, fairs, auctions, shows, kiosks, booths for the sale of fireworks, sales by transient merchants utilizing vehicles or booths, or other promotions of any nature. Nofinrithstanding anything to the contrary stated above, the Titan Parcel may be used for display, sale, service, and leasing of agricultural, construction and aggregate equipment. 7. The Titan Owners acknowledge that the Pedcor Owners own the Pedcor Parcels located immediately adjacent to the Titan Parcel, which has been developed as an apartment complex. If the Pedcor Owners need a point of ingress and egress from the Titan Parcel to and through the Titan Parcel, then the Titan Owners shall grant such ingress and egress rights without cost to the Pedcor Owners in locations and constructed in a manner that is mutually and reasonably satisfactory to both parties. Such ingress and egress rights granted by the Titan Owners to the Pedcor Owners shall be sufficient to satisfy the requirements of any governmental authority, including local authorities. The Titan Owners and the Pedcor Owners shall execute an easement agreement, in recordable form, to document and place of record such ingress and egress rights. Pedcor Owners will be responsible for any and all costs associated with development or construction of the road identified in the easement and obtaining of any access point(s) or other approvals from governmental authorities. 8. In the event the Titan Owners violate any of the foregoing restrictive covenants, the Pedcor Owners, or any of them, shall have the right to enforce their rights under this declaration and stop any violation, remove any building, structure and/or improvement or seek the removal of said building, structure and/or improvement at the Titan Owner's sole expense. Nofinrithstanding the foregoing, Pedcor Owners shall give the Titan Owners a notice and opportunity to cure under the circumstances (it being acknowledged that in the event of an emergency it may be impracticable to give notice) and if such violation is not cured within 10 business days (or cured within a reasonable time in the event it is impossible to cure such violation within such ten-day period, provided that the Titan Owners are diligently and in good faith seeking to cure such violation) of receiving notice then the Pedcor Owners will exercise its rights under this paragraph. In addition, the Titan Owner shall reimburse the Pedcor Owners for all costs, including attorney fees and court costs, incurred in the enforcement of said restrictive covenants. 9. These covenants and restrictions may be altered, amended, or repealed only upon the unanimous consent of all the owners of record of the Titan Parcel and the Pedcor Parcels. Any such alteration, amendment or repeal of these covenants and restrictions will operate only prospectively and shall not apply to properly uses or 3