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subject to an Operation and Easement Agreement between Seller and Target Corporation, <br /> recorded in Book 3445 at Page 207 as Document No. 1647689 in the Macon County, <br /> Illinois Recorder's Office, as amended by an Amendment to Operation and Easement <br /> Agreement, recorded in Book 3740 at Page 540 as Document No. 1714438 in such <br /> Recorder's Office (as amended, the "OEX) and an Agreement of Easements, Covenants <br /> and Restrictions dated September 16, 2006 between Seller and GMRI, Inc., recorded in <br /> such Recorder's Office (the "Olive Garden Agreement"). The OEA and Olive Garden <br /> Agreement restrict the development and use of the Property, including without limitation, a <br /> limit of 10%of the floor area of the non-Target buildings in Mound Center Shopping Center <br /> collectively being used for"Retail Office"such as by banks, stock brokerage and insurance <br /> companies. <br /> (b) Buyer obtaining boring, percolation and other soil tests of the Property <br /> showing the Property is not contaminated and the soil and the physical characteristics of <br /> the Property are satisfactory for Buyer's proposed development. <br /> (c) That the survey of the Property described in Paragraph 5 below does <br /> not disclose an condition easement or restriction affecting the Property which would <br /> Y 9 P Y <br /> prevent Buyer's proposed development of the Property. <br /> (d) That the Property is zoned to allow Buyer's proposed development and <br /> use of the Property. <br /> (e) That Seller and Buyer enter into an agreement in Which Seller agrees <br /> to annually pay to Buyer amount equal to 80% of the sales tax paid by Buyer <br /> aM reCQiVVA Icy 6eue✓ io[11i3 <br /> attributable to retail sales om Buyer's business operating on the Property, such <br /> agreement to have a term that expires 5 years after Buyer opens such business on the <br /> PropertyC.M 510\ ctleemer�t �ub�e�t �v ��v's Cidy C�ur��� c��pwv�nr� <br /> such ��r�Prre►� . <br /> 3 <br />