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<br />200512703 <br /> <br />4. No portion of the Real Estate shall be used for a business or use which <br />creates strong, unusual or offensive odors, fumes, dust or vapors; is a public or private <br />nuisance; emits noise or sounds which are objectionable due to intermittence, beat, <br />frequency, shrillness or loudness; or creates unusual fire, explosive or other hazards. <br /> <br />5. No portion of the Real Estate may be leased, used or occupied as or for a <br />funeral parlor; flea market; discotheque; skating rink; the sale or distribution of alcoholic <br />beverages (except as incidental to the business being operated on the Real Estate); bar <br />(a bar being defined for purposes herein as an establishment offering the sale of <br />alcoholic beverages for consumption on the premises where such sales are not <br />incidental to the sale of food for on premises consumption in a bona fide restaurant); <br />unsupervised game room or amusement arcade; automobile dealership or repair shop; <br />automotive repair show which replaces or repairs automotive engines; an establishment <br />selling, exhibiting or distributing pornographic or obscene materials; massage parlor; so- <br />called "head shop"; body and fender shop; off-track betting parlor; health spa; "social <br />encounter" type restaurant; or any promotion, entertainment, or amusement activities <br />such as traveling carnivals, fairs, auctions, shows, kiosks, booths for the sale of fire <br />works, sales by transient merchants utilizing vehicles or booths, or other promotions of <br />any nature. The sale of alcoholic beverages shall be deemed incidental if the gross <br />sales derived from such alcoholic beverages are less than ten percent (10%) of the total <br />gross sales derived from the business operated on the Real Estate. <br /> <br />In the event Grantee violates any of the foregoing restrictive covenants, Grantor <br />shall have the right to remove any building, structure and/or improvement or seek the <br />removal of said building, structure and/or improvement at Grantee's sole expense. In <br />addition, Grantee shall reimburse Grantor for all costs, including attorney fees and court <br />costs, incurred in the enforcement of said restrictive covenants. <br /> <br />The undersigned person executing the Deed on behalf of Grantor represents and <br />certifies that he is a duly elected officer of Grantor and has full and complete authority to <br />do so pursuant to a Unanimous Written Consent of Grantor's Managers. <br /> <br />Executed: December .;),3rd., 2005. <br /> <br />Pedcor Investments, <br />A Limited Liability Company <br /> <br />/' <br />By: <br />I <br /> <br /> <br />illip J. Stoffregen <br />Ex utive Vice President <br /> <br />-', <br />