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ATTACHMENT#2
<br /> to
<br /> Quit Claire Deed
<br /> The property described in Attachment#1 is subject to the following exceptions:
<br /> Use and Operating 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 fuel 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 1n full farce 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 we[ls, 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 farce 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 Monitoring 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(i[i)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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