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ATTACHMENT #2
<br />to
<br />Quit Claim Deed
<br />The property described in Attachment #1 is subject to the following exceptions:
<br />Use and Oneratina Restrictions. and Affirmative Covenants:
<br />The Grantee herein covenants and agrees, for itself, and for its grantees, successors, and assigns, and their
<br />respective grantees, successors and assigns (including, without limitation, all successors in title to the Property (or any portion
<br />thereof) to Grantee) (collectively, the "Grantee Parties"), that the following Use and Operating Restrictions, and Affirmative
<br />Covenants shall bind and restrict the Property for the time periods set forth herein:
<br />1. Petroleum Restriction: No part of the Property shall be used by Grantee or any other Grantee Party for an
<br />automobile service station, petroleum station, gasoline station, convenience store or automobile repair shop, or for the purpose
<br />of conducting or carrying on the business of selling, offering for sale, storage, handling, distributing or dealing in petroleum,
<br />gasoline, diesel fuel, kerosene, benzol, naphtha, greases, lubricating oils, any fue[ used for internal combustion engines,
<br />lubricants in any form, automobile parts or accessories, tires, batteries, or other petroleum or petroleum -related products,
<br />except for the personal use or consumption of such products by Grantee or other occupants of the Property. For purposes of
<br />this restriction, the term "convenience store" shall mean 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 restrictions bind and restrict the Property as covenants and restrictions running with the
<br />land and are deemed to benefit Grantor as an owner or lessee of lands in Anoka County, Minnesota, or as the operator of retail
<br />operations in such County. These restrictive covenants will remain 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 on any part of the Property. Neither Grantee nor any Grantee Party shall
<br />install remediation or monitoring wells without the prior written consent of Grantor.
<br />The above covenant and use restriction binds and restricts the Property as a covenant and restriction running with the
<br />land and is deemed to benefit Grantor as an owner or lessee of lands in Anoka County, Minnesota, or as the operator of retail
<br />operations in such County. This restrictive covenant will remain in full force and effect indefinitely, unless waived in writing by
<br />Grantor (at which time this restrictive covenant will lapse and terminate and be of no further force or effect).
<br />3. Residential Use Restriction: The Property shall be used solely and exclusively for commercial (which may include
<br />(subject to Paragraph 1 above) retail) and/or industrial purposes. If applicable state environmental laws and regulations define
<br />commercial and/or industrial use, any use which is deemed not to be a commercial or industrial use by such laws and
<br />regulations will also not be a commercial or industrial use as the terms are used herein.
<br />No part of the Property will be used for residential purposes or for the purpose of operating a child care or elder care
<br />facility, a nursing home facility or hospice, a medical or dental facility, a school, a church or other place of worship, a park or a
<br />hospital.
<br />The above covenants and use restrictions bind and restrict the Property as covenants and restrictions running with the
<br />land and are deemed to benefit Grantor as an owner or lessee of lands in Anoka County, Minnesota, or as the operator of retail
<br />operations in such County. These restrictive covenants will remain in full force and effect indefinitely, unless waived in writing
<br />by Grantor (at which time these restrictive covenants will lapse and terminate and be of no further force or effect).
<br />4. Construction and Excavation Restrictions.
<br />4.1. Soil Excavation and Disposal: No soils shall be excavated at or removed from the Property, unless the soil is
<br />excavated and/or removed (as applicable) in a manner and (in the case of removal of soils) to a disposal facility approved in
<br />writing in advance by Grantor. Management, 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) request for removal or 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 to the Soil Management Plan.
<br />The above covenants and use restrictions bind and restrict the Property as covenants and restrictions running with the
<br />land and are deemed to benefit Grantor as an owner or lessee of lands in Anoka County, Minnesota, or as the operator of retail
<br />operations in such County. These restrictive covenants will remain in full force and effect indefinitely, unless waived in writing
<br />by Grantor (at which time these restrictive covenants will lapse and terminate and be of no further force or effect).
<br />4.2 Basement/Excavation Restriction: No basements or other underground improvements, with the exception of
<br />building footings and underground utilities, will be constructed on the Property.
<br />The above covenant and use restriction binds and restricts the Property as a covenant and restriction running with the
<br />land and is deemed to benefit Grantor as an owner or lessee of lands in Anoka County, Minnesota, or as the operator of retail
<br />operations in such County. This restrictive covenant will remain in full force and effect indefinitely, unless waived in writing by
<br />Grantor (at which time this restrictive covenant will lapse and terminate and be of no further force or effect).
<br />4.3 Relocation of Monitorina Wells and Remediation Equipment: In the event that monitoring wells or other
<br />remediation equipment (collectively the "Remediation Equipment") owned by Grantor or its contractors or consultants are:
<br />(i) present at the Property on the date of this conveyance, (ii) subsequently required to be present on the Property after the date
<br />of this conveyance by any local, state, or federal agency having jurisdiction over the Property, or (iii) otherwise installed at the
<br />Property by Grantor or its contractors or consultants, neither Grantee nor any Grantee Party will interfere with the use or
<br />operation of the Remediation Equipment, or damage or destroy (or permit the damage or destruction of) any Remediation
<br />Equipment. In the event Grantee or any other Grantee Party damages or destroys any Remediation Equipment, Grantee or
<br />such other Grantee Party (as applicable) shall pay, upon demand, Grantor's costs in repairing or replacing same.
<br />Neither Grantee nor any Grantee Party shall remove or relocate any Remediation Equipment without the prior written
<br />consent of Grantor. In the event that Grantor consents to any such removal or relocation, then either (at Grantor's sole
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