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<br /> NEBRA STA P T XENTARY i
<br />: �� U02306 i
<br />: H+�R 2 0 197� � `.;
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<br /> WARRANTY DEED $ •SS BY--�?�'x►sa� {. ^:
<br /> _ S7ATEMENT ATTACHEQ t,
<br /> KNOW ALL DSEN BY THESE PRESENTS, That COMMONWEALTH NEBRASKA DRIVE-IN
<br /> TfiEATRES CO., a Nebraska corporation, Grantor, in considera�iori oE Ten
<br /> Dollars ($10.00) and other good an3 valuable consideration in hand paid,
<br /> daes hereby Grant, Bargain, Sell, Convey and Confirm unto DEAN A. SMITH and ��
<br /> ROY A. SMITH as Tenants in Common, Grantees, the following described real estate ff'
<br /> situate in the County of Hall and State of Nebraska, to wit:
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<br /> Lots One (I), Two (2) and Three (3}, COF4fONWEALTH
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<br /> BUSINESS PARK THIRD SUBDZVISION, an addition to the
<br /> City of Grand Zsland, Hall County, Nebraska, subject �
<br /> to easements, restrictions, rights of way and agree-
<br /> ments of record, and subject to zoning laws.
<br /> This Deed is made, delivered and accepted, however, upon the following covenants
<br />� and conditions, which shall run with the land, to wiE: �
<br /> (a) For a period of five (5) years from the date this k
<br /> Deed is recorded, the use of the property described is
<br /> herein shall be restricted to automobile sales and
<br /> service and related uses;
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<br /> (b) For a period of fifteen (15) years from the date this
<br /> Deed is recorded, the use of the property described �
<br /> herein shall be further restricted against promotional [ ��+;
<br />� activities which involve amplified sound which carries = '
<br /> beyond the boundaries of the above-described property, � ` ��
<br /> unusual displays of flashing lights, and displays which z ''
<br /> . are not normal procedures in the operation of an y;
<br /> automobile sales and service business;
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<br /> (c) The property described herein shall be further perma- g
<br /> nently restricted against any lighting thereon which, �; ?��
<br /> during the hours that Grantor's drive-in motion picture 'a;
<br /> theatre lying easterly therefrom shall be in operation � ;:,��-'
<br /> + ' • to the extent that light from the property described : ,�
<br /> herein, either direct or ambient, shall fall upon any ?-
<br /> portion of said drive-in theatre premises in such manner `+
<br /> as to interfere with the enjoyment by the patrons of said d 'i^
<br /> drive-in theatre and the entertainment then being provided
<br /> in the drive-in theatre premises;
<br />� (d) The use of the property described tierein shall £urther
<br /> � be permanently restricted to prevent the placing of any
<br /> electrical, telephone, water, sewer, gas or other public
<br /> or private utility facilities above ground on any part '
<br /> of the property described herein, other than on a tem-
<br /> porary basis; and
<br /> (e) The property described herein shall further be restricted
<br /> to require Grantor's approval, which shall not be unreason-
<br /> ably withheld, of written plans for iandscaping and of
<br /> - plans and specifications for improvements to be constructed ,
<br /> on the subject property, prior to the commencement of any
<br /> . landscaping or construction, and all such approved land-
<br /> scaping sha13 be properly installed and maintuined according
<br /> to such landscaping plans for a period of at least fifteen
<br /> (15) consecutive years after such installation.
<br /> W� ;;ir �;:�:
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