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EXHIBIT D
<br />Deed Restrictions
<br />The following restrictions shall be made a part of the Deed:
<br />I . Grantee, on behalf of itself and all future owners and occupants of the Property, hereby waives and releases
<br />Grantor from any claims for recovery of costs associated with conduct of any voluntary action or any remedial
<br />responses, corrective action or closure under any applicable federal, state or local environmental laws ("Environmental
<br />Laws"). For purposes of this provision, the term "Environmental Laws" shall include, without limitation, CERCLA
<br />and the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6901 et seq., as amended from time to time;
<br />and any similar federal, state and local laws and ordinances and the regulations and rules implementing such statutes,
<br />laws and ordinances, and any similar federal, state and local laws and ordinances and the regulations and rules
<br />implementing such statutes, laws and ordinances. The foregoing waiver and release shall be binding upon all future
<br />owners and occupants of the Property.
<br />2. The Property shall not be used for the following uses:
<br />(a) An adult or pornographic bookshop, video store or movie theater (materials shall be considered "adult" or
<br />"pornographic" if the same are not available for sale or rental to children under 18 years old because the explicitly
<br />deal with or depict human sexuality);
<br />(b) A strip club, massage parlor, "head shop" or other store selling drug paraphernalia, bingo hall, or off- track
<br />betting parlor; provided, however, that prohibition against massage parlors shall not be deemed to prohibit massage
<br />services by a doctor, chiropractor or by a burse or massage services offered by a licensed massage therapist in
<br />connection with the operation of a nail salon, hair salon, day spa, barber shop, health club or health spa;
<br />(c) A check -cashing or pawn shop;
<br />(d) A State liquor or packaged beverage store, except incidental to a supermarket, restaurant, prepared food shop,
<br />or cafe; provided, however, a high -end wine store that includes ancillary liquor sales shall be permitted;
<br />(e) A "second hand" store whose principal business is selling used merchandise, thrift shop, "Salvation Army"
<br />or "Goodwill" type store, flea market or bazaar, except a high -end specialty re -sale shop is not prohibited;
<br />(f) A funeral parlor;
<br />(g) A business or use involving the sale of firearms;
<br />(h) A business or use that creates strong, unusual or offensive odors, fumes, dust or vapors, except for restaurants
<br />with adequate venting and odor -control facilities, or crates unusual fire, explosives or other hazards;
<br />(i) Off-track betting club, internet sweepstakes cafe;
<br />0) Fast food restaurants;
<br />(k) Manufacturing operations, factory, lumberyard, industrial usage, except for use incidental to a retail
<br />operation, i.e. producing a small product on the premises for sale or to provide services o the premises to patrons of
<br />the location on the premises only, such as, but not limited to, eye glasses, dry cleaning and tailoring operation, provided
<br />such use does not cause noise or odors materially detectable outside the premises and is otherwise in compliance with
<br />the City's zoning code;
<br />(1) Warehouse, processing or rendering plant;
<br />(m) Establishment selling cars (new or used), trailers, mobile homes, motorcycles, motor vehicles, boats;
<br />(n) Gas station, car wash or car repair;
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