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201701622
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Last modified
7/3/2017 5:40:20 PM
Creation date
3/15/2017 11:24:30 AM
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DEEDS
Inst Number
201701622
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31. Notice of Commencement by Grand Island Joint Venture, LLC, dated March <br />31, 2015 filed April 3, 2015 in the Register of Deeds Office as Document No. <br />201502077. <br />Existing Tenant Exclusives and Prohibited Uses <br />201701622 <br />Landlord represents that each of the tenants listed on this Exhibit were occupying <br />leased space at the Shopping Center on the Effective Date pursuant to lease in force on the <br />Effective Date and that the exclusive use rights and prohibited use provisions recited below <br />are true copies of the text from each of those tenant's leases as of the Effective Date and that <br />no part of the text from any tenant's lease has been omitted where such omission would make <br />the following text misleading. <br />Tenant shall not operate within the Demised Premises where such operation would be <br />violative of the rights granted by Landlord in the text below or would be prohibited by <br />Landlord's covenant not to permit one or more of the activities that are proscribed by the text <br />below. <br />Notwithstanding the foregoing, Tenant shall not be bound by the restrictions or <br />prohibitions in the text below from and after the first time that Landlord is not bound by such <br />provisions, such as, but not limited to when the respective restriction or prohibition is no <br />longer in effect under the lease within which it was contained. <br />1. Cross- Easement Agreement between Shopko Stores, Inc. and Grand Island Mall, Ltd. <br />dated August 18, 1987, recorded as Document No. 87- 105438 <br />So long as the Shopko Site is being used for the operation of a general merchandise <br />discount department store, no portion of the Developer's Site will be leased or sold to or for <br />the use of the following general merchandise or discount department stores or subsidiaries or <br />affiliates thereof for use as a full -line general merchandise or full -line discount department <br />store: Alco, Gibsons, Jefferson Ward, K -Mart, Pamida, Prangeway, Target, Venture Stores, <br />Wal -Mart, and Zayre. This restriction shall not be deemed to prevent or prohibit any sale of <br />health and beauty aid items which are customarily sold from other types of retail stores, nor <br />shall it be deemed to prevent Developer's Site from being leased, occupied or used for the sale <br />of miscellaneous items similar to those which may be sold by Shopko. (Section 6.02) <br />2. China Buffet <br />Provided that Tenant shall (a) continuously operate its business in the Leased Premises <br />as provided in Section 12.02, (b) use the Leased Premises as provided in Section 12.01, and <br />(c) not be in default under this Lease beyond any applicable cure period allowed herein, <br />Landlord covenants that during the term of this Lease, Landlord will not lease any space to <br />another tenant located in the portion of the Shopping Center owned by Landlord, other than <br />the Leased Premises, whose lease specifically permits the operation of a Chinese Buffet as its <br />B -4 <br />
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