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8-31-2001 3:S1PM FROM MAC#WIRTH COMPANIES 6123392S38 W P9LJ td�J�7� �a�-z�:.a idiJUD A1FLLII(; QLU13 Buyer has reviewed-and approved any dublessee's financial condition, which approval shall not be unreasonably withheld or delayed. In any event. Selleez obligations to Buyer under the Initial lease or any sublease shalt not exceed twelve (i2) months from the Closing Date, but shall thereupon expire, Se tic� c!+¢��ra.6 -4o sSJW. � Si nd , t�ta.,d CPO -ig s 1k 11 ,� .,%It 7. The following is added as paragraph 23 of the Agreement: � Ac e� a+� w•.�.��...l�•- re�sah�•le.�sjr5/ o.-. 23. Parkt1 - upon n Closiir a. Buyer shall grant a non-eirclUsive 44,, , easement to Seller for Let 1, Block 1 Seutx Addition, Except for the Northerly 74 r Feet Thereof, 'Apache Addition, St. Anthony (hereinafter "South Parking Lor), .,•r ram during which time the Buyer shall fully maintain snd insure the South Parking Lot_ P UQon 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, Saute Addition. Apache Additions, St Anthony, so that there-are two resulting parcels; The South Parking Lot and the Northerly 74 feet of Lot 10 Block 1, Seutz 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 Salter in obtaining such parcel split. Seller agrees that it shall pay all costs 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 SL Anthony. if the City of St. Anthony. Minnesota aQproves the said parcel split within said two (2) year period, then within thirty (30) days thereafter, Buyer shall convey to Seller by Warranty Deed the South Parking Lot • free of any encumbrSnees. • from the Gloahl-Date,-41464 ..eaSee In either case, upon the safe of the South Parking Lotto Seller or development of the lot legally described az 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 it Will riot develop the South Parking Lot or Lhe Adjacent Lo for medical usage. Upon the conveyance or granting of the exclusive easement of the Southarrking Lot to Seller, the non- exclusive easement shall thereupon expire, Further this Agreement is subiec to the creation of a e etual maintenance agreement and g cov6hant precluding. evelo e Q of the So-uth Parking Lot or scent of for medical uses ,n a form leasonable acceptab e fo_15affi parties. s. The following is Added as paragraph 24 of the Agreement: 24. Lgos_e_2Current.Tanants - Sailer agrees that it shall refrain from leasing any Space in any of its buildings to Symphony Rehab Dynamics, Symphony Restorative Therapy Limited or Eyecare Aasociates, P.A. for a period of four (4) years from the Closing Date; or Mldwem Health Care Management, Oral and Mexillofacial Surgery Specialists, 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