|
r �
<br />2011a��95
<br />clubs, super centers (such as Target, K-Mart or Wal-Mart); provided, however, that restaurants, including
<br />without limitation those providing take out service and fast food/quick service restaurants shall be permitted.
<br />The foregoing restriction shall terminate at such time, if any, after the initial construction of improvements on
<br />Lot 2, Martin's Fourth Subdivision, County of Ha11, State of Nebraska (the "Hy-Vee Parcel") that the Hy-Vee
<br />Parcel is no longer operated as a retail or discount supermarket or pharmacy. No portion of the Property shall be
<br />used or operated as a gas/service station/convenience store.
<br />Sallv's Beauty Exclusive Use — No portion of the Property shall be leased or operated for the principal
<br />use of a beauty supply store. The incidental sale of beauty items in connection with the overall business of
<br />another operator or tenant shall not be deemed a violation hereof. As used herein, "Incidental Sa1e" shall mean
<br />that beauty products are displayed in an area not to exceed fifteen percent (15°Io) of the selling area in such
<br />premises. The restrictions set forth in this paragraph will not apply to any tenants occupying over 10,000
<br />square feet, or to the sale of hair care products by hair salons, barbers or day spas or to the Hy-Vee Parcel. The
<br />foregoing restriction shall ternunate at such time, if any, that Sally Beauty Company, Inc. ("Sally Beauty") no
<br />longer operates a Sally Beauty supply store in the Shopping Center (i.e. Lots 1 and 2, Martin's Third
<br />Subdivision, Lots 1 and 2, Martin's Fourth Subdivision andlor Lots 1 and 2 Martin's Sixth Subdivision,
<br />County of Hall, State of Nebraska).
<br />TO HAVE AND TO HOLD the Property with the appurtenances, unto Grantee, its successors and
<br />assigns forever;
<br />AND Grantor, for itself, its successors and assigns, covenants and agrees to and with Grantee, its
<br />successors and assigns, to warrant and defend the quiet and peaceable possession of the Property by Grantee,
<br />its successors and assigns, against every person who lawfully claims the Property or any part thereof by,
<br />through or under Grantor, subject to the Pernutted Exceptions and the covenants, conditions and restrictions
<br />herein contained.
<br />IN WITNESS W[�REOF, Grantor has executed this Special Warranty Deed as of the day and year
<br />first above written.
<br />C3'7 _�M � '
<br />281 & OLD POTASH LLC, a Nebraska limited liability
<br />company
<br />By: Edgemark Development LLC, a Colorado limited
<br />liability company, its Manager
<br />By: /»,�
<br />Br . cNealy,
<br />STATE OF COLORADO
<br />) SS '
<br />CIT'Y AND COUNTY OF DENVER )
<br />The foregoing instrument was acknowledged before me this �L day of , 2011, by
<br />Brad A. McNealy, Manager of Edgemark Development LLC, a Colorado limited liability ompany, Manager
<br />of 281 & OLD POTASH LLC, a Nebraska limited liability company.
<br />�"-- --- -VVITNES5 my hand and off'icial seal. My commission expires: s���i°��5
<br />F
<br />�
<br />¢�.',.'^�w ��,T ' :"„""�.�.�.�,��:�,��.� �
<br />°'° f °', ; ; � `9'�a�(LOR t
<br />�'� g�,„r� ; ,�`=�!�o�° ��..,a�L6C� `
<br />,
<br />°� �� ^-r � � > ; � L; ���°�+=�y�,�0
<br />p-o
<br />u 'u�. ' ..,,� . �. �,-,.�`.
<br />{31858.25.A0479994.DOC�;��"` `�
<br />_ _-_----� 1T ° � /Q�.v,�cr��
<br />: Notary Public ��
<br />2
<br />
|