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200807160 PARKING (a) The parking areas shall be for the exclusive use of Tenant and Tenant's customers, employees, invitees, successors, assigns and sublessees. (b) In order that Tenant have full use and enjoyment of the Leased Premises, Tenant requires rights of access, and certain other rights over and upon the Adjacent Parcels. The Leased Premises and the Adjacent Parcels are subject to that certain Declaration of Restrictions and Grant of Easements recorded June 24, 1999 as I nstrument No. 99-106376 in the office of the Register of Deeds of Hall County; Nebraska, as amended (the "Declaration"), which provides for such easement rights between the parcels. Landlord is required to enter into and record a valid, binding, and enforceable (i) Third Amendment to Declaration of Restrictions and Grant of Easements (hereinafter called the "Third Amendment") binding upon both parcels and all present and future owners, occupants, and lien holders of said parcels in the form attached hereto as Exhibit "E-1 ") and (ii) a Declaration of Restrictions (the "Restrictive Covenant") binding upon the property described therein and for the benefit of the Leased Premises attached in the form hereto as Exhibit "E-2". Notwithstanding anything contained herein to the contrary, Tenant shall have no obligation to accept delivery of possession of the Leased Premises unless and until the Third Amendment and Restrictive Covenant shall be fully executed by all owners of the parcels, recorded, and shall be a binding and enforceable encumbrance upon suc~ parcels and all existing and future owners and occupants thereof, prior to the lien of any mortgage or other encumbrance in the nature of a mortgage on all or any portion of the parcels. EXCLUSIVES (a) Landlord covenants and agrees that, during the Term and any extensions or renewals thereof, no additional property which Landlord, directly or indirectly, may now or hereafter own or control, and which is contiguous to, or which is within five hundred (500) feet of any boundary of, the Leased Premises (the "Landlord's Property"), will be used for anyone or combination of the following: (i) the operation of a drug store or a so-called prescription pharmacy or prescription ordering, processing or delivery facility, whether or not a pharmacist is present at such facility, or for any other purpose requiring a qualified pharmacist or other person authorized by law to dispens~ medicinal drugs, directly or indirectly, for a fee or remuneration of any kind; (ii) the operation of a medical diagnostic lab or the provision of treatment services (other than as part of a medical, dental, physician, surgical or chiropractic office[s], which office[s] shall not be restricted by this subclause [ii]); (iii) the sale of so-called health and beauty aids or drug sundries,; (iv) the operation of a business in which alcoholic beverages shall be sold for consumption off the premises; (v) the operation of a business in which - 2 - \\'j" ~'\;'