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<br />EXHIBIT C <br />TO <br />SPECIAL WARRANTY DEED <br /> <br />200610447 <br /> <br />PROHIBITED USES <br /> <br />Hy- V ee Exclusive 'Use - No portion of the Property shall be used or operated as a retail <br />or discount supermarket and pharmacy or for any business which devotes in excess of 2,000 <br />square feet of space collectively for the sale of food for ofT-premises consumption or <br />pharmaceuticals, including (without limitation) retail or discount supermarkets, retail or discount <br />drugstores and pharmacies, shoppers' wholesale clubs, super centers (such as Target, K-Mart or <br />Wal-Mart); provided, however, that restaurants, including without limitation those providing <br />take out service and fast food/quick service restaurants shall be permitted. The foregoing <br />restriction shall terminate at such time, if any, after the initial construction of improvements on <br />Lot 2, Martin's Fourth Subdivision, County of Hall, State of Nebraska (the "Hy-Vee Parcel") <br />that the Hy- V ee Parcel is no longer operated as a retail or discount supermarket or pharmacy. <br /> <br />No portion of the Property shall be used or operated as a gas/service station/convenience <br /> <br />store. <br /> <br />Sally's Beauty Exclusive Use - No portion ofthe Property shall be leased or operated for <br />the principal use of a beauty supply store. The incidental sale of beauty items in connection with <br />the overall business of another operator or tenant shall not be deemed a violation hereof. As <br />used herein, "Incidental Sale" shall mean that beauty products are displayed in an area not to <br />exceed fifteen percent (15%) of the selling area in such premises. The restrictions set forth in <br />this paragraph will not apply to any tenants occupying over 10,000 square feet, or to the sale of <br />hair care products by hair salons, barbers or day spas or to the I-Iy-Vee Parcel. The foregoing <br />restriction shall terminate at such time, if any, that Sally Beauty Company, Inc. ("Sally Beauty") <br />no longer operates a Sally Beauty supply store in the Shopping Center (i.e. Lots I and 2, <br />Martin's Third Subdivision, Lots I and 2, Martin's Fourth Subdivision and/or Lots I and 2 <br />Martin's Sixth Subdivision, County of Hall, State of Nebraska). <br /> <br />(31858.18,11/17/2006 10: 14 AMJEPE.A0227626.DOC;2} C-l <br />