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200406869
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Last modified
10/16/2011 6:23:23 PM
Creation date
10/21/2005 2:40:10 AM
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DEEDS
Inst Number
200406869
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200406869 <br />1,000 square feet of building space for any restaurant use, which is equal to or <br />less than 5,000 less square feet; or (iii) no less than five 5 parking spaces per <br />1,000 square feet of building space for any other use. With respect to the <br />development and use of the Wal -Mart Property, the owner of the Wal -Mart <br />Property or any portion thereof, shall continuously provide and maintain a parking <br />ratio equivalent to that required under the zoning ordinances of the City of Grand <br />Island, Nebraska. <br />(3) Service Drive. The roadway improvements, which are shown on the <br />Site Plan as being constructed by Wal -Mart, shall be developed by Wal -Mart <br />simultaneously with the development and construction on the Wal -Mart Property. <br />b. Maintenance. Wal -Mart shall, at its expense, maintain the Common <br />Areas, which are located on the Wal -Mart Property. Wal -Mart shall, at its expense, <br />maintain the Poland Easement Area and the Common Areas located on the Trust Property <br />in good condition and repair until such time as the following has occurred: (i) completion <br />of the construction of a building on the Trust Property, and (ii) completion of the <br />roadway improvements on the Common Areas, which are located on the Trust Property. <br />Upon the occurrence of the conditions set forth in this Section 6(b)(i) and 6(b)(ii), Trust <br />shall, at its expense, maintain the Poland Easement Area and the Common Areas located <br />on the Trust Property in good condition and repair. The maintenance described in this <br />Section 6(b) is to include without limitation the following: <br />(1) Maintaining the surfaces in a level, smooth and evenly- covered <br />condition with the type of surfacing material originally installed or such substitute <br />as shall in all respects be equal in quality, use, and durability; <br />(2) Removing all papers, debris, filth and refuse and thoroughly <br />sweeping the area to the extent reasonably necessary to keep the area in a clean <br />and orderly condition; <br />(3) Placing, keeping in repair and replacing any necessary appropriate <br />directional signs, markers and lines; <br />(4) Operating, keeping in repair and replacing, where necessary, such <br />artificial lighting facilities as shall be reasonably required; <br />(5) Maintaining all perimeter and exterior building walls including but <br />not limited to all retaining walls in a good condition and state of repair; and <br />(6) Maintaining all landscaped areas and making such replacements of <br />shrubs and other landscaping as is necessary, including regular cutting of all <br />grassy areas. <br />If Trust shall fail to so maintain the Trust Property, Wal -Mart shall have the right to go <br />onto the Trust Property and perform the maintenance work. Trust shall promptly <br />reimburse Wal -Mart for the expense thereof. <br />01498488.6/6 6 <br />
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