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8-31-2001 3-S1PM FROM MAC#WIRTH COMPANIES 6123392538 P. 5 ps "q1 utj:7.9 a -t so MNLb A 1 FILL 110 Q_UY PAGE 04 .. i Buyer has reviewed and approved any sublessee's financial condition, which approval shall not be unreasonably withhold or delayed. In any event, Sellers obligations to Buyer under the initial lease or any sublease shall not exceed twelve (12) months from the Closing Date, but shall.thewupon expire. W_A_ 4-e_e,J--4 Sells-- ca "arrb 4o-,CoWe i -Su N" "X-c • „ (PO l Bvar 6 16-It kilo,% S.Lka, 7. The following is added as paragraph 23 of the Agreerrient: � K� —*,J &r,L4,�4....I a•- rGt►art,V.��e..JeMS! O*-, Parking Let 23.� Par Upon ClossIng. Buyer shall grant a non-exclusive-a— fxe4- easement to Seiler for Lot 1, Block 1 Beutz Addition. Except for the Northerly 74 Feet Thereof, 'Apdche Addition, St. Anthony thereinafter 06outh Parking Lot'), during which tirne the Buyer shell fully maintain snd Insure the South Furling Lot_ P Ueon Closing. Buyer shall appoint Seller as its exclusive agent to obtain approval from the City of St Anthony, Minnesota for a permanent split in the parcel described as Lot 1, Block 1, Route Addition. Apache Addition, St. Anthony, so that there-are two resulting parcels: The South Parking Lot and.the Northerly 7d feet of Lot 1I Stock 1, Beutr Addition, St. Anthony (hereinafter `North Parking Lot*). Buyer agrees that it shall In no way oppose or challenge the said parcel split and shall reasonably assist Seiler in obtaining such parcel split. Seller agrees that It shall pay all costa associated with the said parcel split. -Seller shall have two (2) years from the Closing Date to obtain approval for the parcel split from the City of St Anthony. It the City of St. Anthony, Minnesota approves the said parcel split within said two (2) year period, then within thirty (30) days thereafter, Buyer shall convey to Seiler by Warranty Deed the South Parking Lot • free of any encumbrances. .11 tho -�aseR3efe In either case, upon the safe of the South Parking Lotto Seller or developMent of the lot legally described as Lot 2, Block 2. Apache Addition (the "Adjacent Lot'), Seller shall install curb cuts and re-stripe, to the extent necessitated, the North Parking Lot and shall fully Insure and maintain the South Parking Lot. Seller agrees that ft Will not develop the South Parkjn� Lot or the Adjacent Lo for (nedical usage. Upon the conveyance or granting of the extlusive easement of the South�rking Lot to Seller, the non- excluelvel'easement shall thereupon expire, Fu_ q eer s Agreement is subject to the creation of it e etual maintenance agreement and covenant precluding_ avelo e t of the Sou a g o or scent of for medical uses- ® orr1, seasonable aicceptab e o o pa s. a. The following is added as paragraph 24 of the AgreeMent: 24. Lgase to Currant Tonants - Seller agrees that it shall refrain from leasing any Apace in any of its buildings to Symphony Rehab Dynamics, Symphony Restorative Therapy Limited or Eyecare Associates, P.A. for a period of four (4)years from the Closing Date; or Midwest Health Care Management, Oral and Maxillofacial Surgery Speciallats, PA. or Dr. Patrick Ennen for a period of two (2) years from the Closing Date, unless Buyer cannot accommodate the needs of said tenants at the Property. Which condition must be evidenced by written notice from the affected Tenant to the • Buyer. 2