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99110984
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Last modified
3/13/2012 8:04:44 PM
Creation date
10/21/2005 1:24:19 AM
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DEEDS
Inst Number
99110984
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99 � 10984 <br /> or recreational purposes, which for purposes hereof include without limitation a bowling <br /> alley, skating rink, billiard room, bar or tavern, dance hall or disco, or massage or tattoo <br /> parlor, adult book or adult video stores or store selling pornographic materials (ii) any use <br /> inconsistent with the operation of a shopping center, or (iii) sale of fabrics or sewing <br /> supplies, grocery or convenience stores, or insurance agencies. Any building, structure <br /> or business on the Outlot shall be attractive, both in its physical characteristics and its <br /> appeal, to customers and retail trade. In the event that the Outlot or the Building or any <br /> portion of either is leased or subleased, the Outlot Owner shall deliver a copy of such lease <br /> or sublease to the Company immediately after execution thereof, with proprietary <br /> information deleted. <br /> 4.02 No InterFerence with Common Areas. No use of the Outlot shall interfere with <br /> the use of the Common Areas or the Shopping Center or impede the free flow of vehicular <br /> or pedestrian traffic thereon. <br /> 4.03 Hazardous or Dangerous Use. No use of the Outlot shall increase the fire <br /> hazard or fire insurance rating for the Shopping Center or in any way present a danger or <br /> hazard to the employees and customers of the Shopping Center. <br /> ARTICLE V <br /> USE OF SHOPPING CENTER <br /> 5.01 Permitted and Prohibited Uses. Subject to the rights of any tenant or <br /> subtenant arising from any lease or sublease (and any future amendment, modification or <br /> extension thereof) affecting the Shopping Center in effect as of the date hereof, the <br /> Company shall not permit any owner or tenant within the Shopping Center, other than the <br /> Outlot Owner, to operate and maintain a retail store primarily selling automobile parts and <br /> supplies without first obtaining prior written consent of the Outlot Owner. Further, the <br /> Company shall not permit the following uses within the Shopping Center by any owner or <br /> tenant: <br /> a) entertainment or recreational purposes, which for purposes hereof <br /> include without limitation a bowling alley, skating rink, billiard room, bar or tavern, dance <br /> hall or disco, or massage or tattoo parlor, adult book or adult video stores or store selling <br /> pornographic materials; <br /> b) any use inconsistent with the operation of a shopping center. <br /> 5.02 No Interference with Outlot. No use of the Shopping Center shall interfere <br /> with the use of the Outlot by the Outlot Owner or impede the free flow of vehicular and <br /> pedestrian traffic to or through the Outlot. <br /> 7 <br />
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