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-A 'TAegMENT #2.
<br />SS# 2385
<br />5195 NW 142nd Avenue, Ramsey, MN
<br />Use and Operating Restrictions, and Affirmative Covenants
<br />The Grantee herein dovenants and agrees,! for itself, and for its grantees, successors, and assigns, and their
<br />respective grantees, successors and assig gWithot limitation, all successors in title to the Property (or any portion
<br />thereof) to Grantee) (collectively, the "Grahlee Partied")',•: thlt the following Use and Operating Restrictions, .and Affirmative
<br />Covenants shall bind and restrict the Property for:the time penoFis set forth herein:
<br />1. Petroleum Restriction: No part ;of the•.Prgperty ;shall be used by Grantee or any other -Grantee Party for an
<br />automobile service station, petroleum statiohf, gasoline:statiori, convenience store or automobile repair shop, or for the purpose
<br />of conducting or carrying on the business lIcif selling, cfferin -for sale, storage, handling, distributing or dealing in petroleum,
<br />gasoline, diesel fuel, kerosene, benzol, -naphtha; -greases, ltabricating oils, any fuel' used for internal combustion engines,
<br />lubricants in any form, automobile parts or acceesones; tires, batteries, or other petroleum or petroleum -related products,
<br />except for the personal use or consumption of such;, products; toy Grantee or other occupants of the Property. For purposes of
<br />this restriction, the term "convenience storer shall:m_ead :any retail business with its primary emphasis on *providing the public
<br />with a convenient location to quickly purchase a wide'array:of consumable products (predominantly food or food and gasoline)
<br />and services.
<br />The above covenants and use restketions.bind and reetriat the Property as covenants and restrictions running with the
<br />land and are deemed to benefit Grantor as'en owner or{lessee bf lands in Anoka County, Minnesota, or as the operator of retail
<br />operations in such County. These restrictive covenants will reinain in full force and effect for a term of fifteen (15) years from
<br />the date of this conveyance whereupon these restrictive covenants will automatically lapse and terminate and be of no further
<br />force or effect. -
<br />2. Groundwater Use Restriction: No.water wells; either for potable or other use, with the exception of remediation,
<br />monitoring, or investigation wells, will be installed en .an' partof the Property. Neither Grantee nor any Grantee Party shall
<br />install remediation or monitoring wells without the prior Written c9nsent of Grantor.
<br />The above covenant and use restriction blrtile end restricts the Property as a covenant and restriction running with the
<br />land and is deemed to benefit Grantor as'aowneror Iesseedff lands in Anoka County, Minnesota, or as the operator of retail
<br />operations in such County. This restrictive bovenant will-_remaih in full force and effect indefinitely, unless waived in writing by
<br />Grantor (at which time this restrictive covenant will lapsa-and ter)minate and be of no further force or effect).
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<br />3. Residential Use Restriction: The 'Property sftail be used solely and exclusively for commercial (which may include
<br />(subject to Paragraph 1 above) retail) and/otindustrtai puFposg . If•applicable state environmental laws and regulations define
<br />commercial and/or industrial use, any use which 'Is c]eenled =not to be a commercial or industrial use by such laws and
<br />regulations will also not be a commercial or irfdustrial use as *terms are used herein. -
<br />No part of the Property will be used:fer residential purposes or for the purpose of operating a child care or elder care
<br />facility, a nursing home facility or hospice, altnedical or dental -facility, a school, a church or other place of worship, a park or a
<br />hospital.
<br />The above covenants and use restrlations.bindian_d restrict the Property as covenants and restrictions running with the
<br />land and are deemed to benefit Grantor as arl owner or lessee; of lands in Anoka County, Minnesota, or as the operator of retail
<br />operations in such County. These restrictiv$covenants uyill-remain. in full force and effect indefinitely, unless waived in writing
<br />by Grantor (at which time these restrictive cavenai td will lapse'and terminate and be of no further force or effect). •
<br />4, Construction and Excavation Re .frictions.
<br />4.1. Soil Excavation and Disoope No:soils shalt be excavated at or removed from the Property, unless the soil is
<br />excavated and/or removed (as applicable) 'We marinerralid (inithe case of removal of soils) to a' disposal facility approved in
<br />writing in advance by Grantor. Ivfanagemen :.excavation and any removal of soil at or from the Property must be governed by a
<br />written plan in form and substance acceptable to Grantor- (a`"Soil Management Plan") that will be developed at the time of
<br />Grantee's (or any other Grantee Party's) reeraest for removal& excavation of soil. Except as may be specifically be provided in
<br />the Soil Management Plan which has been approved by Grantor, or any other written contractual relationship between the
<br />parties, Grantor shall not be obligated to pay any cost related to the excavation and/or development of the Property.
<br />Grantee and the other Grantee; Parties shall : be solely responsible for any and all soil excavation, hauling,
<br />transportation, and disposal costs pursuant tpthe Soil Management Plan.
<br />The above covenants and use restrtc tions bind and restrict the Property as covenants and restrictions running with the
<br />land and are deemed to benefit Grantor as aji'oWneror Iessee•af lands in Anoka County, Minnesota, or as the operator of retail
<br />operations in such County. These restrictive.icovenants Wlli :remain in full force and effect indefinitely, unless waived in writing
<br />by Grantor (at which time these restrictive cb(renarits wit;lepse Viand terminate and be of no further force or effect).
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