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THIS AGREEMENT is made as of the c� 6 day of I aAA_c , 2004, by and
<br />among WAL -MART STORES, INC., a Delaware corporation, and WAL -MART REAL
<br />ESTATE BUSINESS TRUST, a Delaware Statutory Trust (collectively, "Wal- Mart"), and
<br />WELLS FARGO BANK, N.A., as Successor Trustee of THE IRENE V. CHRISTENSEN
<br />EASTON REVOCABLE TRUST ( "Trust ").
<br />WITNESSETH:
<br />WHEREAS, Wal -Mart is the fee simple owner of the real property, which is generally
<br />depicted as Lot 1 on the site plan attached hereto as Exhibit A (the "Site Plan ") and more
<br />particularly described in Exhibit B attached hereto ( "Wal -Mart Property ");
<br />WHEREAS, Trust is the fee simple owner of the real property, which is generally
<br />depicted as Lot 2 on the Site Plan and more particularly described in Exhibit C attached hereto
<br />(the "Trust Property "); and
<br />WHEREAS, Wal -Mart and Trust desire that the Wal -Mart Property and the Trust
<br />Property be subject to the easements and the covenants, conditions and restrictions hereinafter set
<br />forth, for the benefit of Wal -Mart, Trust, and their respective successors and assigns.
<br />NOW, THEREFORE, for and in consideration of the premises, easements, covenants,
<br />conditions, restrictions, and encumbrances contained herein, the sufficiency of which is hereby
<br />acknowledged, Wal -Mart and Trust do hereby agree as follows:
<br />Building /Common Areas.
<br />a. 'Building Areas" as used herein shall collectively refer to (a) that portion
<br />of the Trust Property shown on the Site Plan as 'BLDG PAD# 1 " and "BLDG PAD #2 ";
<br />(b) that portion of the Wal -Mart Property shown on the Site Plan as "Wal -Mart Pad "; and
<br />(c) those portions of the Wal -Mart Property other than the "Wal -Mart Pad ", which
<br />contain any buildings and other improvements, other than parking areas and roadways.
<br />01498488.6/1
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<br />EASEMENTS WITH COVENANTS
<br />AND
<br />RESTRICTIONS AFFECTING LAND
<br />THIS AGREEMENT is made as of the c� 6 day of I aAA_c , 2004, by and
<br />among WAL -MART STORES, INC., a Delaware corporation, and WAL -MART REAL
<br />ESTATE BUSINESS TRUST, a Delaware Statutory Trust (collectively, "Wal- Mart"), and
<br />WELLS FARGO BANK, N.A., as Successor Trustee of THE IRENE V. CHRISTENSEN
<br />EASTON REVOCABLE TRUST ( "Trust ").
<br />WITNESSETH:
<br />WHEREAS, Wal -Mart is the fee simple owner of the real property, which is generally
<br />depicted as Lot 1 on the site plan attached hereto as Exhibit A (the "Site Plan ") and more
<br />particularly described in Exhibit B attached hereto ( "Wal -Mart Property ");
<br />WHEREAS, Trust is the fee simple owner of the real property, which is generally
<br />depicted as Lot 2 on the Site Plan and more particularly described in Exhibit C attached hereto
<br />(the "Trust Property "); and
<br />WHEREAS, Wal -Mart and Trust desire that the Wal -Mart Property and the Trust
<br />Property be subject to the easements and the covenants, conditions and restrictions hereinafter set
<br />forth, for the benefit of Wal -Mart, Trust, and their respective successors and assigns.
<br />NOW, THEREFORE, for and in consideration of the premises, easements, covenants,
<br />conditions, restrictions, and encumbrances contained herein, the sufficiency of which is hereby
<br />acknowledged, Wal -Mart and Trust do hereby agree as follows:
<br />Building /Common Areas.
<br />a. 'Building Areas" as used herein shall collectively refer to (a) that portion
<br />of the Trust Property shown on the Site Plan as 'BLDG PAD# 1 " and "BLDG PAD #2 ";
<br />(b) that portion of the Wal -Mart Property shown on the Site Plan as "Wal -Mart Pad "; and
<br />(c) those portions of the Wal -Mart Property other than the "Wal -Mart Pad ", which
<br />contain any buildings and other improvements, other than parking areas and roadways.
<br />01498488.6/1
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