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TO HAVE AND TO HOLD the above granted and bargained premises with the
<br />appurtenances thereof unto the s a i d Grantee, its successors and assigns forever.
<br />And I, Robert Merritt, Agent, the said Grantor, do for myself and my heirs,
<br />executors, administrators and assigns, covenant with the said Grantee; its successors and assigns, that at and until
<br />the ensealing of these presents, I am well seized of the above described premises, as a good and indefeasible
<br />estate in fee simple, and have good right to bargain and sell the same in manner and form as above written, and
<br />that the same are free from all encumbrances whatsoever, except (a) easement rights granted to 'The
<br />Cleveland Electric Illuminating Company and The Ohio Bell Telephone Company as set forth in Plat of
<br />Aintree Park No. 2, recorded in Volume 195 of Maps, Page 80 of Cuyahoga County Records, (b) terms and
<br />provisions relating ti the above granted easement rights, as set forth in Deed from The Cleveland Trust
<br />Company, as Executor and Trustee, to the Board of Trustees of the Mayfield Methodist Church, recorded
<br />in Volume 8078, Page 388 of Cuyahoga County Records, and Grant of Easement recorded in Volume 8078,
<br />Page 391 of Cuyahoga County Records, (c) slope rights affecting said easement rights as set forth in Journal
<br />Entry in the Court of Common Pleas No. 738-322 Volume 10345, page 279 of Cuyahoga County Records, (d)
<br />Easement Agreement recorded in Volume 11636, Page 51 of Cuyahoga County Records, (e) existing
<br />encroachment, if any, of a building on premises immediately adjoining and to the north of the above
<br />described premises, (f) zoning ordinances, (g) conditions and restrictions of record, if any, and (h) taxes and
<br />assessments, both general and special, for the year 1968, and subject to the following covenants which s h a 11 run
<br />with the above granted premises:
<br />(i.) Should Grantee not commence construction of and have completed
<br />installation of footings for a Heinen's Supermarket on the above described real estate
<br />within ten (10) years after the date of this Deed, Aintree Park Investors, a partnership, or
<br />its assigns, shall have the right at any time within sixty (60) days after such ten year period
<br />to. offer in writing to purchase such real estate for a price equal to (x) $179,000 plus (y)
<br />the amount of $89.50 times the number of months which have transpired from the date of
<br />transfer of title to the above described real estate to Grantee to the date of transfer of
<br />title to such offeror pursuant to said o$~er to puruhase the real estate, and in such event Aintree
<br />Park Investors, or its assigns, shall purchase and Grantee shall sell such real estate at such
<br />price. If Aintree Park Investors, or its assigns, does not offer to purchase the real estate as
<br />aforesaid, the restrictions contained herein shall no longer be applicable and, in such event,
<br />Grantor shall execute and deliver to Grantee a recordable instrument suitable for the
<br />purpose of cancelling said restrictions of record. If such offer is made, Grantee shall cause
<br />the above. described real estate to be conveyed to Aintree Park Investors or its assignee by
<br />Limited Warranty Deed, warranting that it has not conveyed or encumbered said real
<br />estate since its acquisition thereof from Grantor. Taxes and assessments, both general
<br />and special, shall be pro-rated as of the date of transfer of title to Grantor using the
<br />last known rate and valuation as shown by the Cuyahoga County Auditor's tax
<br />duplicate, provided, however, in the event that the actual amount of taxes and
<br />assessments levied against the real estate for the year in which s a i d land is transferred
<br />to Grantor is more than 10% greater or less than the amount of taxes and a s -
<br />sessments used for purposes of such proration, either party may request adjustment of
<br />such pro-ration upon the basis of the actual amount of taxes and assessments levied
<br />and assessed for the year for which such proration is made by giving written notice of
<br />such request to the other party prior to the last date for payment of the first half taxes
<br />for such year without penalty, and, in such event, the parties shall make such
<br />adjustment within 15 days after such request.
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