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ri'ac;'�� �° ,j.�. � p} t, . , " . . � . . � . <br /> ' � ,�.: . -.� .. .. ..ti:. �;.. -. r .. .. . � � . <br /> / . " . � . . . . .. . . <br /> 3�� , . .. �� .. � ' � <br /> (a) Al1' buildings and other structures erected <br /> upon the premises ,hereinbefore described shall be of <br /> • substantial design and construction and of a design <br /> - and type satisfactory to the Grantor. The roof of <br /> each such building shall be of fire-resistive material <br /> and when any building is without solid foundation the <br /> opening. between the ground and the floor thereof shall <br /> be covef�ed with fire-resistive material. <br /> (b� Said premises sha.11 not be used or occupied <br /> , a� any time for any purpose other than for the pur- <br /> ' poses of the busix�,ess of ma.nufacturing, wholesaling, <br /> �obbing, warehousing or businesses of a kindred nature <br /> �� I for the convenient and economical conduct of whicr. <br /> � �, adjacent railroad trackage facilities are ordinarily <br /> �' <br /> required. <br /> i; <br /> ; Each of the foregoing covenants, conuitions and re- <br /> j strictions shall run vaith the land hereby canveyed and a <br /> � Q-reach of any one of them or the continuance thereof may, at <br /> jthe option of the Grantor, its successors or assigns, be en- <br /> jjoined, abated or remedied by appropriate proceedings. It is <br /> � ', understood, however, that the breach of any of the foregoing <br /> covenants, conditions and restrictions shall not defeat or <br /> ; render invalid the lien of any mortgage on said premises made <br /> ! in good faith and for value; PROVIDED, however, that any <br /> '� breach or the continuance thereoi may be enjoined, abated or <br /> I� <br /> I� remedied by proper proceedings as aforesaid; and PROVIDED <br /> �� FURTHER, tha.t each and aIl o,. the foregoing covenants, condi- <br /> (! tions and restrictions shall at all t�mes remain ir. _ull force <br /> I' and effect against said premises, or any part tnereoi, title <br /> �ito which is obtained by ioreclosure of any such mortgage. <br /> ( <br /> � TO HAVE AND TO HOLD, subject to tne aforesaid ex- <br /> iceptions, reservations, covenants, condit-ions, restrictions <br /> iiand other provisions, the above described premises v�rith the <br /> '' appurtenances thereunto belonging, unto the said L-incoln <br /> �� Service and Supply, Inc. , its successors and as.signs iorever, <br /> j� and the said Granto-r, for itself, and its successo-rs and as- <br /> !Is�gns, does covenant with the said Grantee, its successors and <br /> �� assi�ns, that it is lawfully seized of said premises, that <br /> , . !� they are free from encumbrances except as he�^e-inbei ore set out <br /> �! and tnat it has good �ight and lawfu� authority to se�l the <br /> j� same, and that it will, and its successors and assigns shall <br /> � �' �r�arrant and defend the same unto the said G-rantee, �.ts succes- <br /> ;; sors and assigns, forever, against the lavrful cla�.ms oi a?1 , <br /> '!. persons whomsoever, except as aio-resaid. <br /> li AND S�IHEREAS, said Union Pacific Railroad Company <br /> ;! did, on the first day o° July, 18�j, execute ar_d deli��er to <br /> ;; Ti�e Mercantile Trust Company, oi Ne�v Yorlc, a cer�ayn mortgage <br /> ii deed wherein said Railroad Compar.y conve;�ed �o said The Prer- <br /> . jI cantile Trust Company as Trustee, i or i,he uses ar_d purposes <br /> i! therein mentioned, among other thi��s, the land hereinUei o-re <br /> I; <br /> ii described; and <br /> II <br /> i, <br /> � <br /> �,' 3 <br /> i <br />