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g R M M T C Z m D N rn n = (/� • • C_r% 0 m o --f M -*i ci 1 Q r— n W � ry ►--+ cn C Unon Recordine Return to Brian C. Eades, Esq. Kutak Rock LLP 1650 Farnam Street Omaha, NE 68102 -2186 DECLARATION OF RESTRICTIONS Grand Island, NE Store # 1326 -05 THIS DECLARATIO OF RESTRICTIONS (this "Declaration ") is made and executed as of thAVday o% &, 2004, by WAL -MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust ( "Declarant "). WHEREAS, Declarant is the owner of that certain real property more particularly described in Exhibit A attached hereto and incorporated by reference herein, which real property is hereafter referred to as the "Wal -Mart Property "; WHEREAS, Menard, Inc. ( "Menard ") is the owner of that certain real property more particularly described in Exhibit B, attached hereto and incorporated by reference herein, which property is individually referred to herein as the "Menard Property "; WHEREAS, Declarant desires to establish certain restrictions upon the Wal -Mart Property for the benefit of the Menard Property; NOW, THEREFORE, Declarant for itself, its successors and assigns does hereby declare that the Wal -Mart Property shall be subject to and shall be used in conformance with the following covenants, restrictions and agreements: 1. The ownership, development and use of the Wal -Mart Property and any and all buildings, structures or other improvements (each an "Improvement" and collectively, the "Improvements ") shall be restricted, burdened and subject to all of the limitations as set forth below. 01- 582855.1 a. For a period of 10 years after the date of this Declaration, the Wal -Mart Property shall not be conveyed to, leased to, occupied by or used as a business 0 N 0 O U'1 0 H � U-1 CO CT) z O c. c>