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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 Dealings 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 /> T. 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 regulations}. 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 /> G. Zoning laws and municipallcountylstate 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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