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201503850
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6/9/2015 4:26:16 PM
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6/9/2015 4:26:16 PM
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201503850
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'repared by and after recording return to: <br />;tephanie J. Becker, Esq. <br />6uper Market Developers, Inc. <br />5000 Kansas Avenue <br />Kansas City, Kansas 66106 <br />AND <br />m <br />- n <br />c <br />z <br />v ° <br />VI <br />A 2 <br />1 <br />Lot Three (3), Skag -Way Subdivision, in the City of Grand Island, Hall <br />County, Nebraska <br />C <br />USE RESTRICTION /6'6° <br />ESTRICTION J6' 6 0 <br />(Fee) / <br />THIS USE RESTRICTION ( "Use Restriction ") is executed this cS" day of <br />June, 2015, by SUPER MARKET DEVELOPERS, INC., a Missouri corporation <br />( "Grantor ") for the benefit of ASSOCIATED WHOLESALE GROCERS, INC., a Kansas <br />corporation ( "AWG "). <br />Grantor hereby declares that the following described premises ( "Property ") <br />located in the City of Grand Island, County of Hall, State of Nebraska, to wit: <br />Lot One (1), Skag -Way Second Subdivision, in the City of Grand Island, <br />Hall County, Nebraska <br />shall be dedicated to the exclusive use of a grocery store owned or operated by a retail <br />member of AWG which utilizes AWG as its primary supplier for such store. (A <br />shareholder of AWG is sometimes referred to as a "retail member ".) The Use <br />Restriction created hereby shall run with the Property and shall be in effect until released <br />by AWG. Record notice of such expiration may be given by AWG by filing a sworn <br />affidavit stating that this Use Restriction has been terminated. Contemporaneously with <br />the recordation of any such affidavit, AWG shall give Grantor (or Grantor's <br />successor -in- interest), written notice of such recordation. <br />In the event AWG, its successors or permitted assigns of the beneficial rights <br />hereunder (the "Beneficiary ") dissolves or permanently ceases to operate as a going <br />concern, the Use Restriction created hereby may be terminated by the owner of the <br />
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