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2 201309980 Easements dated August 15, 2008 (the "Third Amendment "). The Third Amendment was recorded August 18, 2008 as Instrument No. 200807155. The 1999 Declaration, the First Amendment, the Second Amendment and Third Amendment were further amended by a Fourth Amendment to Declaration of Restrictions and Grant of Easements dated August 29, 2011 (the "Fourth Amendment "). The Fourth Amendment was recorded August 30, 2011 as Instrument No. 201106471. The 1999 Declaration, the First Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment are hereinafter collectively referred to as the "Declaration ". From and after the date of Owner's acquisition of the Property, Owner and its successors and assigns agree to assume and perform all of the obligations under the Declaration, if any, imposed on the owner of the Property or which are applicable to the Property during the period of Owner's ownership of the Property. Developer shall be responsible to perform all of the obligations under the Declaration arising or accruing prior to the acquisition of the Property by the Owner, if any, imposed on the owner of the Property or which are applicable to the Property. 2. Plans. Prior to or concurrent with the Closing under the Purchase Agreement, Owner and Developer shall have reasonably agreed upon (a) a Site Plan and grading plan of the Property depicting (i) any building and all other improvements to be constructed on the Property, and (ii) the grading activities to be conducted on the Property (such grading plan, building and other improvements are referred to collectively as the "Project "); and (b) architecturally certified Plans and Specifications of the Project, including elevations of the building, landscaping plans, and exterior signage drawings. 3. Restrictions. The Property shall be subject to the following restrictions which may be deleted or modified only with the prior consent of Developer which may be withheld in its sole discretion: A. Use of Property. The building constructed within the Property shall be used and operated initially as a PepperJax Grill restaurant not to exceed a gross floor area of six thousand (6,000) square feet of gross building floor area, and thereafter as a single tenant or occupant building. The Property in no event shall be occupied by more than one (1) business. The Property shall not be subsequently occupied or used for any purpose or use which violates the provisions of the Declaration referred to in Section 1 of this Agreement, or for any of the following uses or purposes: (i) as a discount department store or other discount store; or (ii) as a supermarket or grocery store; or (iii) as a drug store; or (iv) as a pharmacy or prescription ordering, processing or delivery facility, whether or not a pharmacist is present at such facility, or for any other purpose requiring a qualified pharmacist or other person authorized by law to dispense medicinal drugs, directly or indirectly, for a fee or remuneration of any kind; or (v) as a facility dispensing gasoline or petroleum products or as a convenience food mart, or combination of both; or (vi) as an establishment dispensing prescription drugs; or (vii) as a department store; or (viii) for the retail sale of pets (including but not limited to fish, birds, reptiles, dogs, cats and other small mammals), pet grooming, veterinary and other pet services, pet food, pet accessories and other pet products; or (ix) as an automobile or truck repair