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.the Property and shall be binding on Grantee and the other Grantee Parties, (ii) the fact that Grantee has agreed to acquire the
<br />Property, including without limitation its environmental condition, in "AS IS" condition (subject only to Grantor's Contractual
<br />Obligations (if any) to Grantee), and (iii) the fact that Grantee has agreed to acquire the Property subject to the presence,
<br />whether known or unknown, of any environmental contamination which may have occurred during or prior to the period of
<br />Grantor's ownership, use and/or operation of the Property (subject only to Grantor's Contractual Obligations (if any) to
<br />Grantee).
<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 />6.3 Dealinas with Governmental Authorities and Third Parties: In the event that Grantee or any other Grantee
<br />Party receives any notices or correspondence from any local, state or federal governmental authorities or any third party
<br />relating to the environmental condition of the Property, Grantee or such Grantee Party (as applicable) shall immediately forward
<br />a copy of same to Grantor. Grantor shall have the right (but not the obligation) to participate with Grantee and the other
<br />Grantee Parties in negotiations with and submissions of reports and information, including permits, to any local, state and
<br />federal governmental authorities (including, without limitation, the Minnesota Pollution Control Agency). Except to the extent
<br />required under applicable law or by court order of a court of competent jurisdiction, neither Grantee nor any other Grantee Party
<br />shall submit reports or information regarding any environmental conditions present at (or migrating from) the Property which
<br />were caused by Grantor or during Grantor's ownership, use or operation of the Property, without the prior written consent of
<br />Grantor.
<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 />7. Defined Terms; Successors: Other: All initially capitalized terms used in this Attachment#2 shall have the
<br />meanings ascribed to such terms as set forth in the Deed to which this Attachment#2 is attached. By taking title to the
<br />Property (or otherwise succeeding, directly or indirectly, to any of Grantee's right, title or interest in or to the Property), each
<br />Grantee Party shall be conclusively deemed to have agreed to and accepted each and all of the terms, provisions and
<br />conditions of this Attachment #2, and to have agreed to be bound thereby. It is the intention of Grantor and Grantee that the
<br />terms, provisions, covenants and restrictions set forth in this Attachment #2 shall be deemed to have vested upon the execution
<br />and delivery of this Deed by Grantor. If any of the covenants or restrictions contained herein shall be unlawful, void or voidable
<br />for violation of the rule against perpetuities, then any such covenants and restrictions shall continue only until twenty-one (21)
<br />years after the death of the survivor of the now living descendants of George W. Bush. If any of the covenants or restrictions
<br />contained herein shall be unlawful, void or voidable for violation of any other statutory or common law rule(s) or regulation(s)
<br />imposing time limits, then any such covenants and restrictions shall continue only for the longest period permitted under such
<br />statutory or common law rule(s) or regulation(s). If any term, provision, condition, covenant or restriction in this Attachment #2
<br />shall, to any extent, be invalid or unenforceable, the remainder of this Attachment #2 (or the application of such term, provision,
<br />condition, covenant or restriction to persons or circumstances other than in respect of which it is invalid or unenforceable) shall
<br />not be affected thereby, and each term, provision, condition, covenant and restriction set forth in this Attachment #2 shall be
<br />valid and enforceable to the fullest extent permitted by law. Grantee acknowledges, for itself and the other Grantee Parties,
<br />that the breach of any of the covenants or restrictions contained in this Attachment #2 on the part of Grantee or any other
<br />Grantee Party will result in irreparable harm and continuing damages to Grantor and Grantor's business, and that Grantor's
<br />remedy at law for any such breach or threatened breach would be inadequate. Accordingly, in addition to such remedies as
<br />may be available to Grantor at law or in equity in the event of any such breach, any court of competent jurisdiction may issue an
<br />injunction (both preliminary and permanent), without bond, enjoining and restricting the breach or threatened breach of any
<br />such covenant or restriction by Grantee or any other Grantee Party. In the event that Grantee or any Grantee Party shall
<br />breach any of the covenants or restrictions set forth in this Attachment #2, then Grantee or such other Grantee Party (as
<br />applicable) shall pay all of Grantor's costs and expenses (including reasonable attorneys' fees) incurred in enforcing such
<br />covenants and restrictions.
<br />General Encumbrances:
<br />a. Easements, covenants and conditions of record, if any.
<br />b. Taxes and special assessments not yet due and payable against the Property, if any.
<br />c. Zoning laws and municipal/county/state and federal regulations, if any; environmental laws and regulations, if any; use
<br />restrictions and building restrictions of record, if any; and any party wall agreements of record.
<br />d. Encroachments, overlaps and other matters that would be disclosed by an, accurate and current survey of the
<br />Property.
<br />e. The terms and conditions of that certain Release and Right -of -Entry of even date herewith between Grantor, as seller,
<br />and Grantee, as buyer.
<br />995897.1
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