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<br />..~1ument prepared by:
<br />Brad Rogers
<br />Wal-Mart Stores, Inc.
<br />2001 S.E. 10th Street
<br />Bentonville, AR 72716-0550
<br />(479) 204-3147
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<br />Return recorded document to:
<br />Fidelity National Title Insurance Company
<br />717 North Harwood Street, Suite 800
<br />Dallas, TX 75201
<br />Attn: Rod Faris
<br />(214) 969-5300
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<br />SPECIAL WARRANTY DEED
<br />
<br />This SPECIAL WARRANTY DEED is made effective ~. 11 ,2006, between WAL-MART
<br />STORES, INC., a Delaware corporation, with a corporate address of 702 S.W. 8th Street, Bentonville, AR
<br />72716 ("Grantor"); and GRAND ISLAND NEBRASKA ASSOCIATES, LLC, a Michigan limited liability
<br />company, with an address of 89 W. Chicago Street, Coldwater, MI 49036 ("Grantee").
<br />
<br />WITNESSETH:
<br />
<br />THAT GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other good and
<br />valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby
<br />forever grant, bargain, sell, convey and confirm to Grantee, and its successors and assigns, a certain tract of land
<br />situated, lying, and being in the City of Grand Island, Hall County, Nebraska, as more particularly described to
<br />wit:
<br />
<br />See Exhibit "A" attached hereto and made a part hereof ("Property");
<br />
<br />TO HAVE AND TO HOLD said land unto Grantee, and its successors and assigns, forever, with all
<br />tenements, appurtenances and hereditaments thereunto belonging, subject to easements, conditions, restrictions
<br />and other matters of record, and subiect to the following conditions and restrictions:
<br />
<br />(a) The Property shall only be used for purposes of the kind typically found in shopping centers,
<br />including, but not limited to, offices, restaurants, and retail shops;
<br />
<br />(b) The Property shall not be used for or in support of the following: (i) a discount store in excess of
<br />eight thousand (8,000) square feet in floor size, wholesale membership/warehouse club, grocery
<br />store/supermarket, pharmacy/drug store; (ii) gas station, quick lube/oil change facility,
<br />automobile tire sales; (iii) movie theater, bowling alley, health spa/fitness center; (iv) adult book
<br />store, adult video store (an adult video store is a video store that sells or rents videos that are
<br />rated NC-17, X, XX, XXX, or of a rating assigned to works containing material more sexually
<br />explicit than XXX, by the film rating board of the Classification and Rating Administration),
<br />pawn shop, bar, night club, gaming activities (including but not limited to gambling, electronic
<br />gaming machines, slot machines and other devices similar to the aforementioned), billiard parlor,
<br />any place of recreation/amusement, or any business whose principal revenues are from the sale
<br />of alcoholic beverages; or (v) any business whose major source of business is derived from the
<br />cashing of checks or making short-term or "payday advance" type loans; this is not to exclude
<br />the regular business of any bank or financial institution insured by the F.D .LC. or mortgage
<br />brokerage firm or other similar business providing long-term, mortgage type loans;
<br />
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