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s * 896bcov5.doc 9 9 10 S 3 7$ #896- SEC 13'"St.&Hwy.281 04/21/99 2:47 PM Grand Island,NE COVENANT REGARDING CERTAIN USES (Phase 3) This COVENANT REGARDING CERTAIN USES ("Covenant") is made as of the � day of ��.. , 1999, by and between Robei•t M. Allen Family Limited Partnership, a Nebraska lirnited partnership ("Allen"), and Albertson's, Inc., a Delaware corporation ("Albertson's"). RECITALS: A. Allen owns Parcels 1 through 29 shown on Exhibit "A" attached hereto and incorporated herein. Albertson's is the lessee of Parcel2 under that certain Shopping Center Ground Lease (the "Albertson's Lease") dated of even date herewith, between Albertson's ancY Allen (as the Albertson's Lease may be amended and extended from time to time), for Albertson's leasing of Parcel 2. A Memorandum of the Albertson's Lease has been recorded prior to this Covenant. Parcels 2 and 6 through 13 are more particularly described in Schedule I attached hereto and incorporated herein. B. Parcel 2 and each of Parcels 6 through 13 is sometimes referred to herein as "Parcel." As used herein, "Phase 3" means the area shown as such on Exhibit "A," being Parcels 6 through 13. C. "Owner" shall mean the holder of fee simple title to a Parcel; provided that Albertson's shall be deemed to be the Owner of Parcel2 for purposes of this Covenant, for so long as Albertson's is a tenant of, or has an ownership interest in, Parcel 2. D. The parties wish to impose this Covenant on Phase 3, for the benefit of the Owner or occupant of Parcel2. WHEREFORE, in exchange for the covenants and agreements set forth herein, the parties'agreement to enter into the Albertson's Lease, and other good and valuable consideration, the receipt and sufficiency of which consideration is hereby expressly acknowledged by both parties, the parties agree as set forth below. AGREEMENTS: 1. Food and Pharmacy Restrictions. (a) Except as expressly allowed in Section 1(d) hereof, no part of Phase 3 shall be used as a supermarket, which shall be defined as any store or department containing more than 3,000 square feet of floor area, including aisle space and storage, primarily devoted to the retail sale of food for off-premises consumption; for the sale of fresh or frozen meat, fish, poultry or produce for off-premises consumption; for the sale of alcoholic beverages for off- premises consumption; or as a convenience store ("C-Store") in the nature of a Circle K, 7-Eleven, AM-PM Minimart, or the like.