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<br />81-)~~-~ s~10
<br />CR©SS-EASEMENT AGREEMEtdT
<br />WHEREAS, Mid-Continent Enterprises, Inc., a Nebraska cospora-
<br />tion, (hereinafter referred to as Mid-Continent} has this dap
<br />sold to Americana Investment Group, Inc., a Nebraska corporation,
<br />(hereinafter referred to as AIG, Inc.) Lot Four (4), Block Nine
<br />(9), Continental Gardens, an Addition to the City of Grand Island,
<br />Hall County, Nebraska; and
<br />WHEREAS, as part of the consideration for the sale and
<br />purchase of the said Lot Four (4}; Block Nine (9), Continental
<br />Gardens, an Addition to the City of Grand Island, Mid-Continent
<br />and AIG, Inc., have agreed that said Lot Four (4) and the remain-
<br />der of said Block Nine (9} shall be developed and maintained so
<br />as to constitute a unified commercial shopping center area;
<br />NOFl, THEREF{JRE, for and in consideration of their sale and
<br />purchase of the said Lot Four {4) and in consideration of their
<br />mutual promises and agrees~ents as herein contained, Mid-Continent
<br />and AZG, Inc., do hereby covenant, promise and agree as follows:
<br />1. Mid-Continent does hereby grant to AIG, Znc., a perma-
<br />nent non-exclusive driveway easement for the ingress and egress
<br />of motor vehicle and pedestrian traffic over sad upon all parking
<br />areas, driveways, and dedicated streets located within said Block
<br />Nine (9), Continental Gardens, consistent with the Subdivision
<br />Agreements and Declaration of Restrictive Cavenants as filed of
<br />record and referenced hereinbelow.
<br />2. AIG, Zne., does hereby grant to Mid-Continent and alI
<br />persons rightfully claiming through it the non-exclusive right to
<br />use the parking areas and driveways established from time to time
<br />by AIG, Inc., oz its successors upon the said Lot Four (4). This
<br />permissive use may be enjoyed by all owners, tenants, subtenants,
<br />customers, service and delivery persons and all other persons in
<br />the furtherance cf any business located anywhere on the said
<br />Block Nine (9), but this easement shall not limit the placement
<br />or expansion of any building pravided that such placement or
<br />expansion does not prevent the free flow of pedestrian or vehic-
<br />ular traffic in Block Nine (9).
<br />3. AIG, Inc., does hereby grant to slid-Continent a non-
<br />exclusive easement for public utility purposes along and across
<br />the easements shown on the recorded plat of Lot Four ;Q}, Block
<br />Nine (9), Continental Gardens for the purpose of installing,
<br />establishing, and maintaining utilities to and for the benefit o£
<br />all portions of the entire Block Nine (9).
<br />~. AIG, inc., hereby acknowledges that an integral factor
<br />in the deterisination of the success of the planned shopping area
<br />dgntelopment is the selection of the business which will be allowed
<br />to locate in Slack Nine (9). AIG, Inc., represents that it has
<br />acx{uized Block Faur i4) for the purpose of constructing arxc~
<br />operating a A4exican restaurant to he known as Amigo's and that it
<br />intends to operate said restaurant indefinitely. AIG, Inc.,
<br />promises, covenants and agrees that said Lot Four i4) will perma-
<br />nentiy be used exclusively for the operation of a retail business.
<br />RIG, Inc., further promises, covenants and agrees that at no tip
<br />in the future wi12 it, it's successors or assigns allow the said
<br />Lttk Four (~) to be used for any of the following business purposes,
<br />~etl~r retail or otherwise: grocery store= convenience stores
<br />meat Eaarkgt; delicate$SSn; bakery or donut shop; department az
<br />va~tiety stores 9 roam; hardware stores theatres drugstore or
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