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environmental objectives and land use plans of the Grantor, Stateg "eH&VArantee, the covenants and restrictions are included in this deed to assure the use of the Property is consistent with environmental condition of the Property. The following restrictions and covenants benefit both the lands retained by the Grantor and the general public welfare and are consistent with the State of Nebraska and Federal environmental statutes. 1. Industrial/Agricultural Use Restrictions (a) The Grantee covenants for itself, its successors and assigns, that the Property shall be used solely for industrial and agricultural purposes and not for residential purposes, the Property having been remediated only for industrial and agricultural uses. . Industrial and agricultural uses include, but are not limited to, administrative /office space, manufacturing, warehousing, restaurants, hotels /motels, and retail activities. Residential use includes, but is not limited to, housing, day care facilities, and schools (excluding education and training programs for persons over 18 years of age), assisted living facilities, and outdoor recreational activities (excluding recreational activities by employees and their families incidental to authorized industrial and agricultural uses on the Property). (b) Nothing contained herein shall preclude the Grantee from undertaking, in accordance with applicable laws and regulations, such additional remediation necessary to allow for residential use of the Property. Any additional remediation will be at no additional cost to the Grantor and with the Grantor's prior written consent. Consent may be conditioned upon such terms and conditions, as the Grantor deems reasonable and appropriate, including performance and payment bonds and insurance. Upon completion of such remediation required to allow residential use of the Property and upon the Grantee's obtaining the approval of the Environmental Protection Agency (EPA) and the Nebraska DEQ and, if required, any other regulatory agency, the Grantor agrees to release or, if appropriate, modify this restriction by executing and recording, in the same land records of Nebraska, Hall County, as this deed, a Partial Release of Covenant. Grantee shall bear the cost of recording and reasonable administrative fees. 2. Enforcement (a) The above covenants and land use restrictions shall inure to the benefit of the public in general and adjacent lands, including lands retained by the United States, and, therefore, are enforceable by the United States Government and State of Nebraska. These restrictions and covenants are binding on the Grantee, its successors and assigns; shall run with the land; and are forever enforceable. (b) The Grantee covenants for itself, its successors and assigns that it shall include and otherwise make legally binding the above land use restrictions in all subsequent leases, transfer or conveyance documents relating to the Property subject hereto. Notwithstanding this provision, failure to include these land use restrictions in subsequent conveyances does not abrogate the status of these restrictions as binding upon the parties, their successors and assigns.