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Vista Properties-CS 9601192143601514 ~ PROPERTIES, INC. Telecopier Number: (214)$60-1514 PLF~B DBI. JI~R THR FOLLOWING ,FO: 214 ~04 Telephont Number: 3~o~- ~ , . Fetal Number of Pagff (~neludin~ cover sheeO: ~ ' or egent reIl~mIib~t for dIllvIrAnl the ~iaii~ii~i vAa the g.I. hotel la,Lei, hnk SENT BY:VISTA PROPERTIES ; 1-19-95 10:06AM ; 2143501514a 504 35~;# 2 _F~HIRIT "R- TO CORRECTION SPECIAL WARRANTY I. The conveyance of the Property described on £xhlhit "A" to this Deed is made subject to the reservation of fights (the "~") set forth in this ~. The Reserved Rights shJgl be binding upon and inure to thc benefit of Grantor and GrantoFs successors and assigns. Grantor may, ~rom time to time and without the consent of C, mntcc, convey, transfer, or assign, with or without consideration, (collectively, a "Tr~sfet") nil or any portion of thc Reserved Rights to any person or entity; provided, however, such Transfer must be in writing and the transferee must a~-ce to assume and be bound by all the terms and condition~ of this ~. Upon any Transfer, to thc extent set forth in the written Transfer document, Orantor shell bc relieved of any and all duties, oblipdons, and liabilities with respect to the portion of the l~.eserved Rights being Transferred, Orantor nmy exercise the Reserved Rights wilhout any additional consideration to Grnntce. Notwithstanding anything to thc contrary set forth in this ~ however, thc Reserved Rights may not be exercised in such a way as to materially and adversely (i) interfere with Grantee's use of the Property or any other property owned by Grantee, or (ii) interfere with the functionin$ or operation of Grantee (collectively, an 2, C.'antor reserves a perpetual and exclusive blanket easement over, under, across, and through the Prupcrty for any and all purposes that, in Grantor*s judgment, are necessary or convenient for the ownership, development, use, or enjoyment ofthe property ?hat is pa~ of or in the vicinity of the l~party generally known u Vista Ridge (whether such property is owned by Grantor or by third parties). Such purposes shall include, but not hc llmltcd to, the construction, reconstruction, maintenance, repair, replacement, operation, use, and enjoyment of thc following, whether public or private: (d) (e) (0 (i) O) utilities (including, but not limited to, water, sanitary sewer, storm drainage, electrlc/puwer lines, Sas lines, telephone and other communication lines), streets and other rights-of-way, bridges ~edestrlan. and vehicular). lakes, ponds, fountains, and other watc~ features, recreational facilities, "common areas" for property owner associations, gardens and special landscaped areas, hike/bike/jogging trails and paths, and sidewalks and other pedesl~ian ways. 3. The exercise of the Reserved Rights shall be at the sole cost and expense of Orantor, and Orantee shall have no responsibility or liability for such costs and expenses. Exhibit "B' - Pap: I 0709~ ,OG6 ?:00'7146~.o i SENT BY:VISTA PROPERTIES 214 304 3673~ 3 1-19-96 10:09AN ; 2143601514a 4. Prior to the construction of any improvements in connection with the exercise of the Reservad Rights, Grantor shell provide Grantee with a complete set of plans and specifications ~or such improvcmants (the "P. JJt&I"). Grantee shaJl have 30 clays within which to re~iew the Plans, nnd the reasonable cost of such re~ow shall ~ paid by Ce'enter. Grantee shall have thc right to require modifications tO the Plans that are reasonably* necessary to prevent any Adverse Impact, and all costs and expenses associated with such modifications shall be paid by Grantor. If Grantee fails to review the Plans within such 30-day period, the Plans shall be deemed automatically approved without any further action by Grantee. 5, At any time, and from time to time, Grantee shall have the right to impose reasonable rules and regulations upon Orantor's exercise of the Reserved Rights (the "Rules_") provided that such Rules are reasonably necessary to prevent any Adverse Impact, Prior to the adoption of such Rules, however, Grantee shall give 30 days' prior written notice of the proposed Rules to Grantor and to all successors and assi~'m of CTnmtor (to the extent (3rantee has beet~ given written notice of suoh successors and assigns, including their addresses). ~xhlblt 'B' ·Pa[n 2 07095.00~?:0071462.01