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<br />Record and return to:
<br />TEXAS ROADHOUSE HOLDINGS LLC
<br />Attn: Legal Department
<br />6040 Dutchmans Lane
<br />Louisville, KY 40205
<br />SPECIAL WARRANTY DEED
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<br />This Special Warranty Deed (this " is dated as of the 8�' day of September, 2011, between 281
<br />& OLD POTASH LLC, a Nebraska limited liability company ("Grantor"), whose address is 410 17�' Street,
<br />Suite 1750, Denver, Colorado 80202 and TEXAS ROADHOUSE HOLDINGS LLC, a Kentucky limited
<br />liability company ("Grantee"), whose address is 604d) Dutchmans Lane, Louisville, Kentucky 40205.
<br />WTTNE55ETH, that Grantor, for and in consideration of the sum of Five Hundred Ten Thousand
<br />Dollars ($510,000.00) (the "Purchase Price"), the receipt whereof is hereby confessed and acknowledged by
<br />Grantor, has granted, bargained, sold and conveyed, a.nd by these presents does grant, bargain, sell, convey and
<br />confirm unto Grantee, its successors and assigns forever, all of that certain real property situate, lying and
<br />being in the County of Hall, State of Nebraska, more particularly described as follows:
<br />Lot One (1), Martin's Sixth Subdivision,
<br />in the Ciry of Grand Island, Hall County, Nebraska
<br />having an address of 232 Wilmar Avenue, Grand Island, NE (the "Pro e ").
<br />TOGETI�R WITH all and singulaz the hereditaments and appurtenances thereunto belonging, or in
<br />any ways appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits
<br />thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or
<br />equity, of, in and to the Property;
<br />AND TOGETI�R WTTH all of Grantor's right, title and interest in and to any alleys, strips or gores
<br />adjoining the Property, any easements, rights-of-way or other interests in, on, under, or to any land, highway,
<br />street, road, right-of-way or avenue, open or proposed in, on, under, across, in front of, abutting or adjoining
<br />the Properiy to the extent applicable to the Property, and all of Grantor's right, title and interest in and to oil,
<br />gas and mineral rights, if any, appurtenant to or located on or under the Property or any part thereof;
<br />SUBJECT TO those items listed on Exhibit A attached hereto ("Permitted Excentions").
<br />Furthermore, Grantee shall not use the Properiy for any of the following, as long as the exclusive use rights of
<br />the entities identified within such use restrictions continue:
<br />Hy-Vee Exclusive Use – No portion of the Property shall be used or operated as a retail or discount
<br />supermarket and pharmacy or for any business which devotes in excess of 2,000 square feet of space
<br />collectively for the sale of food for off-premises consumption or pharmaceuticals, including (without
<br />limitation) retail or discount supermarkets, retail or discount drugstores and pharmacies, shoppers' wholesale
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<br />{ 31858.25.A0479994.DOC;3 }
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