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<br /> portion of said drive - in theatre premises in such
<br /> manner as to interfere with the enjoyment by the
<br /> 1 , patrons of said drive - in theatre and the entertain -
<br /> rnent then being provided in the drive - in theatre
<br /> premises ;
<br /> ( d ) The use of the property described herein shall further
<br /> by permanently restricted to prevent the placing of
<br /> ;; any electrical , telephone , water , sewer , gas or other
<br /> public or private utility facilities above ground on
<br /> any part of tl�e property described herein , other than
<br /> an a temporary basis ; and �
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<br /> ( e ) The property described herein shall further be re -
<br /> � i stricted to require Grantor ' s approval , which shall
<br /> inot be unreasonably withheld , of written plans for
<br /> landscaping and of plans and specifications for im-
<br /> ' ` provements �to be constructed on subject property ,
<br /> prior to the commencement of any landscaping or con -
<br /> struction , and all such approved landscaping shall
<br /> � � be properly instalied and maintained according to
<br /> such landscaping plans for a period of at least fifteen
<br /> ( 15 ) consecutive years after such installation .
<br /> : _
<br /> By its acceptance of this Deed , Grantee specifically accepts the fore -
<br /> i going reservations , covenants , conditions and restrictions , which
<br /> shall run with the land and be binding upon Grantee , its successors
<br /> i and assigns , and shall inure to the benefit of and may be enforced at
<br /> x ; law or in equity by 6rantor , its suecessors and assigns .
<br /> " TO HAVE AND TO HOLD the above described premises , with the
<br /> ,, appurtenances , unto the said Grantee , and unto its successors and
<br /> ; : assigns forever , and Grantor for itself and its successors and assigns ,
<br /> does hereby covenant with Grantee and its successors and assigns ,
<br /> t , that it is lao-rfully seized of said premises , that they are free from
<br /> any encumbrance thereon er.cept as h0P '? 1R specifi. cally set forth , that
<br /> Grantor has good right and lawful authority to sell the same , and
<br /> that � rantor , its successors and assigns , s31a11 warrant and defend
<br /> � the same unto the said Gr. antee and its successors and assigns forever
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<br /> against the lawful claims of all persons whomsoever , except as above
<br /> set forth and except for the lien of current non - delinquent taxes
<br /> and assessments , if any .
<br /> IA! 47ITDlESS 47HEREOF , Grantor ;aa caused this noA �t + � 1_, � nrnnerl. y
<br /> � ' executed under due authority this a 7TH day of January , 1976 .
<br /> COMI'�ONP]EALTH NEBRASKA DRIVE - IN
<br /> � THEF�TRES C0 .
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