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<br />200608438 <br /> <br />10. Change of Ownership. In the event Grantee conveys or transfers title to Tract 2 to another <br />party, Wal-Mart shall be notified thereof within thirty (30) days thereafter. Wal-Mart shall be provided the <br />name and address of such transferee. <br /> <br />11. Effective Date. This instrument shall become effective conditioned upon and subject to the <br />conveyance of Tract 2 by Wal-Mart Stores, Inc., to Grantee to be evidenced by the recording of a deed. <br /> <br />12. Headings. The headings of the paragraphs contained herein are intended for reference <br />purposes only and shall not be used to interpret the agreements contained herein or the rights granted hereby. <br /> <br />13. Counterparts. This document, and any modifications, may be executed in one or more <br />counterparts, all parties need not be signatories to the same documents, and all counterpart signed documents <br />shall be deemed to be an original and one (1) instrument. <br /> <br />[Signature pages follow] <br /> <br />3 <br />