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200501143
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200501143
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Last modified
10/17/2011 1:58:10 AM
Creation date
10/18/2005 3:12:15 PM
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DEEDS
Inst Number
200501143
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200501143 <br />Building within its Tract in the case of Section 2.3(a), or within the easement area limits in <br />the case of Section 2.3(b). The easements in each instance shall: <br />(i) continue in effect for the term of this OEA and thereafter for so long <br />as the Building using the easement area exists (including a reasonable period to <br />permit reconstruction or replacement of such Building if the same shall be <br />destroyed, damaged or demolished); and <br />(ii) include the reasonable right of access necessary to exercise and <br />enjoy such grant upon terms and with the limitations described in Section 3.6. <br />(e) With respect to Buildings constructed along the common boundary line <br />between Tracts, nothing herein shall be deemed to create or establish: <br />(i) a "common" or "party" wall to be shared with the adjacent Building; <br />or <br />(ii) the right for a Building to receive support from or apply pressure to <br />the adjacent Building. <br />2.4 Sign Easement. Developer hereby grants and conveys to Kohl's for its use and for <br />the use of designated Occupants of the Kohl's Tract, a non - exclusive perpetual easement over, <br />under, upon and across the Developer Tract for the right and privilege to place sign panels on or <br />affix sign panels to the sign structure identified on the SITE PLAN as the "Center Monument <br />Signs ". Except as otherwise provided in Section 9.1 of this OEA, Kohl's shall pay all costs and <br />expenses with respect to the construction, maintenance and operation of the sign panels. The <br />foregoing easement, together with the rights included therewith, shall be for the benefit of and <br />appurtenant to the Kohl's Tract and shall be binding on and burden the Developer Tract. <br />2.5 Restriction. No Party shall grant any easement for the benefit of any property not <br />within the Shopping Center; provided, however, that the foregoing shall not prohibit the granting <br />or dedicating of easements by a Party on its Tract to governmental or quasi - governmental <br />authorities or to public utilities. <br />ARTICLE 3 <br />CONSTRUCTION OF BUILDINGS <br />3.1 General Requirements. <br />(a) All construction activities performed within the Shopping Center shall be <br />performed in compliance with all applicable Laws. All construction shall use new materials, <br />and shall be performed in a good, safe, workmanlike manner. <br />(b) No construction activities performed by a Party shall: <br />(i) cause any unreasonable increase in the cost of constructing <br />improvements upon another Party's Tract; <br />GALEGAL \STORES \NE \GRAND ISLAND \0EA4.WPD <br />11/16/04 9 <br />
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