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Ord.4247.07-05-2011
t BILL NO. 11-106 ORDINANCE NO. 074t7 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS WITH VARIOUS PROPERTY OWNERS PERTAINING TO THE CAPE CENTRE DEVELOPMENT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Declaration of Restrictive Covenants with CVC Building Partners, L.L.C . , DKR Properties, L.L.C . , Sandy McLane Donley f/k/a/ Sandy S . McLane, David Donley, First State Community Bank, River City Desserts, L. L.C. , GE Capital Franchise Finance Corporation, Regent' s Park, L.L.C . , Dexter Bar-B-Que, Inc . , Cape Regional Credit Union, Timothy L. Kelley and Sandra K. Kelley, Trustees of the Timothy L. Kelley and Sandra K. Kelley Revocable Trust U/T/A dated January 28, 2000, Gibson Recovery Center, Inc . , Fire Rooster, L. L.C . , Christina J. Brost and Kyle E. Brost, Trustees of the Christina J. Brost 1997 Revocable Trust Agreement dated November 30, 1997 , Strategic Real Estate Partners, L. L.C . , Johnny L. Selby, Trustee of the Johnny L. Selby Amended Revocable Living Trust dated January 4, 1994, Cela, L.L.C. , Cross Trails Medical Center, Johnson Properties, Vermaas & Sons, L.L.C. , Eagle Peak Properties , L. P. , Paul A. Schermann and Sarah J. Schermann, Paul A. Hendrix and Mary F. Hendrix pertaining to the Cape Centre Development, in the City of Cape Girardeau, Missouri . ARTICLE 2 . This ordinance will be in full force and effect ten days after its passage and approval . J PASSED AND ADOPTED THIS LOA DAY OF 20 H ry E. Redi er, Mayor .f , A T ST: a' i ✓N \ Gayle L. Conrad, Cityl rk rA DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION of Restrictive Covenants is made and executed this L04 day of 20 IA by and between: 11 CVC BUILDING PARTNERS, LLC, a Missouri limited liability company; DKR PROPERTIES, L.L.C., a Missouri limited liability company; SANDY MCLANE DONLEY f/k/a SANDY S. MCLANE, individually, and DAVID DONLEY,her husband; FIRST STATE COMMUNITY BANK,a Missouri banking corporation; RIVER CITY DESSERTS, L.L.C.,a Missouri limited liability company; GE CAPITAL FRANCHISE FINANCE CORPORATION,a Delaware corporation; REGENT'S PARC, LLC, a Missouri limited liability companv; DEXTER BAR-B-QUE, INC.,a Missouri corporation; CAPE REGIONAL CREDIT UNION, a Missouri credit union; TIMOTHY L. KELLEY and SANDRA K. KELLEY,TRUSTEES of the Timothy L.Kelley and Sandra K. Kelley Revocable Trust U/T/A dated January 28,2000; GIBSON RECOVERY CENTER, INC.,a Missouri nonprofit corporation; FIRE ROOSTER, L.L.C.,a Missouri limited liability company; CH1tISTINA J. BROST and KYLE E. BROST,TRUSTEES of the Christina J. Brost 1997 Revocable Trust Agreement dated November 20, 1997; STRATEGIC REAL ESTATE PARTNERS, L.L.C., a Missouri limited liability company; JOHNNY L. SELBY,TRUSTEE of the Johnny L. Selby Amended Revocable Living Trust dated January 4, 1994; CELA, LLC,a Nevada limited liability company; CROSS TRAILS MEDICAL CENTER,a Missouri nonprofit corporation; JOHNSON PROPERTIES, a general partnership; VER IAAS & SONS, L.L.C.,a Missouri limited liability company; EAGLE PEAK PROPERTIES,L.P.,a Missouri limited partnership; PAUL A. SCHERMANN and SARAH J. SCHERMANN, his wife and PAUL A. HENDRIX and MARY F. HENDRIX,his wife; and CITY OF CAPE GIRARDEAU,MISSOURI,a municipal corporation; GRANTORS/GRANTEES (each, individually, a"Party"and collectively, the"Parties") WITNESSETH THAI': WHEREAS, CVC Building Partners, LLC is the successor in interest to Central Hardware Company, a Missouri corporation (later known as Spirit Holding Company, Inc.) and K's Merchandise Mart, Inc., an Illinois corporation,and is the owner of the real estate described as the"CVC Property"on Exhibit A attached hereto and incorporated herein, being the same real estate previously referred to as the "Central Parcel" in one or more of the Existing Agreements (defined herein); and WHEREAS, Sandy McLane Donley and First State Community Bank are the successors in interest to Cape Center Associates, L.P. and Tri-Cape Associates, L.P., and are the owners of the real estate described, respectively, as the "McLane Property" and the "FSCB Property" on Exhibit A, a part of which is the same real estate previously referred to as the"Tri-Cape Parcel" in one or more of the Existing Agreements; and 2 WHEREAS, DKR Properties, L.L.C.; Sandy McLane Donley; First State Community Bank; River City Desserts, L.L.C.; GE Capital Franchise Finance Corporation; Regent's Parc, LLC; Dexter Bar- B-Que, Inc.; Cape Regional Credit Union; Timothy L. Kelley and Sandra K. Kelley, Trustees of the ,fimothy L. Kelley and Sandra K. Kelley Revocable Trust U/T/A dated January 28, 2000; Gibson Recovery Center, Inc.; Fire Rooster, L.L.C.; Christina J. Brost and Kyle E. Brost, Trustees of the Christina J. Brost 1997 Revocable Trust Agreement dated November 20, 1997; Strategic Real Estate Partners, L.L.C.; Johnny L. Selby, Trustee of the Johnny L. Selby Amended Revocable Living Trust dated January 4, 1994, Cela, LLC; Cross Trails Medical Center; Johnson Properties; Vermaas & Sons, L.L.C.; Eagle Peak Properties, L.P.; Paul A. Schermann and Sarah J. Schermann, husband and wife, and Paul A. Hendrix and Mary F. Hendrix, husband and wife; and the City of Cape Girardeau, Missouri, are the successors in interest to Cape Center Associates, L.P.; Blattner Brothers Real Estate Company; Cape Centre Development Corp.; Futura Properties Company; and the Ted Krakover Revocable Living Trust; and are the owners, respectively, of the"DKR Property", "McLane Property","FSCB Property","My Daddy's Property", "Applebee's Property", "Rust & Martin Property", "Dexter BBQ Property", "Credit Union Property", "Capital Insurance Property", "Gibson Property", "Pro Carwash Property", "Brost Eye Care Property", "Hillin & Clark Property", "Stereo One Property", "Affordable Dentures Property", "Cross Trails Property", "Ultimate Flooring Property", "Social Security Property", "Eagle Peak Property", "King's Row Rear Property" and "Detention Pond Property", all as described on Exhibit A, which properties are, collectively, the same property previously referred to as the "CCA Parcel" in one or more of the Existing Agreements and, together with the Central Parcel and the Tri-Cape Parcel, comprise the real estate known as the"Center Property" in one or more of the Existing Agreements, all located in the City and County of Cape Girardeau, Missouri; and WHEREAS, the Center Property is subject to and governed by terms, conditions, covenants, restrictions, and easements set out in various instruments executed by the Parties' predecessors in interest, described as follows: 1. Reciprocal Easement and Restriction Agreement dated April 13, 1988, recorded in Book 480 at Page 154 (the "Central REA''), amended by Amendment to Reciprocal Easement and Restriction Agreement dated March 29, 1991, recorded in Book 542 at Page 506 and [Second] Amendment to Reciprocal Easement and Restriction Agreement dated September 8, 1998, recorded in Book 958 at Page 727; and 2. Reciprocal Easement, Maintenance and Restriction Agreement dated November 30, 1989, recorded in Book 509 at Page 914 (the "Tri-Cape REA"), amended by Amendment to Reciprocal Easement, Maintenance and Restriction Agreement dated March 29, 1991, recorded in Book 542 at Page 502; and 3. Adjacent Wall Agreement dated April 13, 1988, recorded in Book 480 at Page 2Q5.;and 4. Release and Hold Harmless Agreement dated March 15, 1991, and recorded in Book 537 at Page_ ]3; and 5. Limited 0 aiver of Parking Restrictions dated March 19, 1991, recorded in Book 537 at Page 519; and 6. Consent Decree entered by the Circuit Court of Cape Girardeau, Missouri, in the case of"K's Merchandise Mart, Inc. v. Jerry F. McLane, d/b/a McLane Investment Co. et al", Case No. 3 CV696-73ICC, dated August 5, 1996, filed September 5, 1996, and recorded in Book 840 at Page 234; and 7. Waiver & Hold Harmless Agreements dated March 26, 2004, recorded as Document Nos. 04-06062, 04-06063 04-06064 04-06065 04-06066 04-06067 04-06068 04-06069 04- 06070, 04-06071, 04-06072, and 04-06073; All of said instruments collectively referred to as the "Existing Agreements"; and WHEREAS, the Existing Agreements were made in connection with a development plan for a retail strip to be known as "The Center at Cape Girardeau", which was not developed as originally planned;and WHEREAS, in order to promote the full development of the Center Property for a variety of commercial purposes, the Parties desire to cancel and terminate the Existing Agreements in their entirety and establish new restrictions to apply to the Center Property. NOW,THEREFORE, in consideration of the above recitals and the terms and conditions of this Agreement, and in consideration of the mutual promises, covenants and agreements as set forth herein, and the mutual benefits to be derived therefrom, and other good and valuable consideration, the receipt of which is hereby acknowledged,the Parties agree as follows: 1, TERMINATION OF EXISTING AGREEMENTS. The Existing Agreements described above, and each and every one of them, are hereby revoked, cancelled and terminated in the entirety, and shall no longer be valid or binding on the Center Property, the Parties, or the Parties' successors in interest. 2, ELIMINATION OF COMMON AREAS, CTC. By terminating the Existing Agreements, the Parties intend to revoke each and every covenant, condition, restriction, and easement contained therein, to eliminate all "Common Areas" within the Center Property, including but not limited to any common parking areas, walkways and private drives or roadways, and eliminate all "Common Area Expenses" related to the Center Property. To the extent applicable, title to any common areas shall revert in fee simple absolute to the Party whose property surrounds or abuts such common area. In the event any common area is situated between two Parties' tracts of property, title to such property shall revert in fee simple absolute equally to the abutting Parties such that each Party will own to the centerline of what was formerly a common area. Each Party shall be responsible for all costs related to that Party's tract of property, including but not limited to costs related to security, insurance of all ryp es, utilities, property maintenance and taxes. By terminating the Existing Agreements,the Parties further intend to eliminate any cross easements for pedestrian and vehicular ingress and egress (including parking), and restricted areas within the Center Property such as, but not limited to, the "Designated Buildable Areas", `'Visibility Restricted Area" and "Retail Area". Except as may be provided in a separate agreement (other than the Existing Agreements) between one or more of the Parties, each Party, in such Party's sole discretion, may determine where on that Parry's tract of property buildings and other improvements, including parking areas, shall be located without obtaining any approval or consent from the other Parties. 3. EXISTING EASEMENTS; RECORDED PLATS. This Declaration shall terminate only the terms, conditions, covenants, restrictions, and easements set out in the Existing Agreements,and nothing contained herein shall be interpreted as terminating any easements for utilities, sanitary sewers or 4 storm sewers established in any document other than the Existing Agreements, including but not limited to any recorded plat affecting any part of the Center Property. Notwithstanding the foregoing, in the event any recorded plat refers to any common areas or restricted areas such as the"Designated Buildable Line"and "Visibility Restricted Area", such references shall not be binding and shall be disregarded as if they were not there. 4. OTHER AGREEMENTS. Nothing contained herein shall prohibit any Parry from granting another Parry an easement across that Party's tract of property for access, ingress and egress, parking or any other purpose, or from entering into an agreement with another Party for any shared use, rights or responsibilities relating to such Parties' tracts of property. Nor shall anything contained herein be construed to revoke or terminate any such presently existing easement or agreement (other than the Existing Agreements), including but not limited to (i) that certain Street Dedication Agreement entered into with the City of Cape Girardeau and Union Electric Company, dated October 31, 1988, and recorded in Book 496 at Page 581; (ii) that certain Permanent Access Easement in favor of the City of Cape Girardeau, dated January 24, 1991, and recorded in Book 534 at Page 205; (iii) that certain Reciprocal Parking Agreement related to the Applebee's Property and the Rust & Martin Property, dated July 23, 1991, and recorded in Book 549 at Nage 725; and (iv) that certain Amendment to Dedication (Greenbelt Area)dated August _._, 2010 and recorded as Document No. 2010- 5. SURFACE RATER DRAINAGE. Each Party grants, creates and declares for the use and benefit of the other Parties a permanent easement for storm water drainage from natural rainfall over the surface of such Party's portion of the Center Property to the extent necessary for the proper drainage of the other Party's property through the existing drainage system. No Party shall alter or permit to be altered its respective property in a manner which materially increases the flow of surface water onto an adjacent tract of property. 6. RESTRICTIONS. The Center Property, and each and every lot, tract and parcel located therein, shall be subject to the covenants, conditions and restrictions set out below, except where specific exceptions are indicated, and any portion of said Center Property shall be sold, encumbered, leased, occupied, built upon, or otherwise used, improved or transferred in whole or in part, subject to the covenants, conditions, and restrictions set out below, which shall run with the land, and shall be binding upon the Parties and all parties having any right, title or interest in any of said Center Property,their heirs, successors and assigns, and shall inure to the benefit of the Parties and their successors in interest: 6.1 Compliance with Ordinances and Record Plats. Any development on the Center Property shall comply with the provisions of any and all Zoning Ordinances of the City of Cape Girardeau, as amended from time to time, including any plans and regulations promulgated thereunder, and the provisions contained in any recorded plat affecting any portion of the Center Property, including but not limited to those governing setbacks, height of buildings and other improvements,and storm water drainage, but expressly excluding any provision or reference to any common areas or restricted areas established in the Existing Agreements terminated by this Declaration. 6.2 Parking. No on-street parking shall be permitted on any part of the Center Property. Off-street parking shall be provided in accordance with the Zoning Ordinances and Parking Regulations of the City of Cape Girardeau, as amended from time to time, and the Americans with Disabilities Act(ADA), as amended from time to time. 6.3 Signs. No signs shall be located on any part of the Center Property except: (i) signs advertising businesses conducted thereon; 5 (ii) signs required by governmental regulation and appropriate traffic directional signs; and ('iii) signs advertising the property for sale or lease. Except for signs advertising the property for sale or lease, no temporary or portable signs shall be permitted at any time in or on the Center Property. Any and all signs, including both freestanding signs (whether monument or pole-type) and signs placed on any building, shall comply with Ordinances and Regulations established by the City of Cape Girardeau, as amended from time to time. Each Party shall be responsible for any and all expenses related to the construction,erection, maintenance and operation of signs located on that Party's individual tract. 6.4 General Maintenance and Landscaping. Each Party shall be responsible for the maintenance of all land, buildings and other improvements located on that Party's tract of Center Property, and all Parties shall keep and maintain their individual tract and all improvements thereon in a neat,clean, attractive and orderly fashion, in accordance with the following general standards: 6.4.1 All parking areas, drives and sidewalks must be paved and maintained in a level, smooth and evenly covered condition with an impervious surface of concrete, asphalt, or material of equal quality, use and durability. Such areas must be kept in a clean and orderly condition, and free of snow and ice. 6.4.2 All land areas located between any building and property line, including street rights-of-way, not used for drives, walks or parking areas, must be attractively landscaped so as to present a reasonably attractive appearance at all times. Weeds and undergrowth must be kept mowed to a height of not more than twelve(12) inches on all other unimproved land areas. 6.4.3 No trash; garbage, debris or litter shall be thrown, placed, dumped, maintained or allowed on any part of the Center Property, except in dumpsters or sanitary containers located in appropriate areas concealed from public view. 6.4.4 Exterior surfaces of buildings and other improvements must be kept and maintained in first class condition and repair at all times. 6.5 No Nuisances. No noxious, illegal or offensive activity shall be carried out on any portion of the Center Property, nor shall anything be done thereon that may be or become a nuisance or annoyance. 6.6 Use Restrictions. No part of the Property located west of Broadview Street shall be devoted to or used for the following: (i) Any business whose primary source of revenue is the manufacture, transfer, sale, or provision of alcohol, liquor or spirits. This includes, but is not limited to, bars and taverns. (ii) Any business that provides, sells or transfers the following services or products: 'Tattoos Body Piercings Pornographic material Off-track betting Drug Paraphernalia Medical Marijuana or related service and products 6 (iii) Strip clubs, gentlemen's clubs or any business that allows its employees, agents, invitees or guests to expose their breasts or genitalia for the gratification or entertainment of others. (iv) Any salvage orjunk business. The use restrictions set forth in this Section 6.6 shall apply only to that part of the Property located west of Broadview Street, and shall not apply to that pant of the Property located east of Broadview Street. 7. BINDING EFFECT; TERM, This Declaration and the covenants and restrictions contained herein shall take effect immediately upon being filed in the Office of the Recorder of Deeds of Cape Girardeau County, Missouri,and shall be covenants running with the land, and each and all grantees in accepting conveyances of any part of the Center Property shall bind themselves, their heirs, assigns, successors or legal representatives in the observance and performance of the covenants and restrictions herein set forth, for a period of twenty-five (25) years from the date this Declaration is recorded, unless amended prior to such time in the manner set forth herein, after which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended in the manner set forth herein. 8. AMENDN7ENT. This Declaration may be amended from time to time by the existing owners of at least 75% of the total acreage of the Center Property. Any such amendment shall be effective upon the recording of an instrument signed by the owners of at least 75% of the total acreage of the Center Property in the office of the Recorder of Deeds of Cape Girardeau County, Missouri. No amendment shall be deemed to have retroactive effect. 9. SEVERABILITY. Each and every provision, covenant, and restriction contained in this Declaration shall be considered to be an independent and separate covenant and agreement, and in the event any one of such provisions shall for any reason be held to be invalid or unenforceable by judgment or court order, all other provisions shall nevertheless remain in full force and effect. 10. ENFORCEMENT. The owner of any portion of the Center Property shall have the right to enforce, by any proceeding at law or in equity to restrain violation or recover damages, all covenants and restrictions now or hereafter imposed by the provisions of this Declaration. If any such action shall be successfully brought, the party bringing the action shall also be entitled to recover its costs, including a reasonable attorney's fee, from the party violating or attempting to violate any of the provisions of this Declaration. Failure by any party to enforce any covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so at a later date. IL AUTHORITY. Each individual signing this Declaration on behalf of a Party represents and warrants that he/she has all requisite power and authority to execute this instrument on behalf of such Party, and that the execution of this instrument has been duly authorized by all necessary corporate action, or by the Party's operating agreement or partnership agreement, as the case may be, and constitutes a valid and binding obligation on each Party,enforceable against such Party in accordance with its terms. IN WITNESS WHEREOF, the undersigned Parties, being the owners of 100% of the total acreage of the Center Property, have caused this instrument to be executed effective as of the date signed by the last parry to sign below. Signatures follow on next page 7 CVC BUTLDING PARTNERS,LLC 13y: .r -e a- Billy . F. Hammond, Managing Member STATE OF MISSOURI ) ss, COUNTY OF CAPE GIRARDEA,(U� [ ) On this day of (i(Tp � ,2010 before me personally appeared Billy A. F. Hammond, to me personally known, who being duly sworn did say that he is a managing member of CVC BUILDING PARTNERS, LLC, a Missouri limited liability company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .1uaNNA BALDWIN My Commission Expires Notary Public NOTARY October 3,2013 Cape Girardeau County '9 oF'aii5y°� --ommission#09401378 °�nnniuuN°� DKR PROPERTIES, L.L.C. By: z �64?' � n G. Keith Deimund, Trustee of the G. Keith Deimund Trust U/T/A dated Sept.3, 1979, Managing Member STATE OF MISSOURI } } ss. COUNTY OF CAPD GIRARDEAU } On this 3 day of�EMQE2 , 2010 before me personally appeared G. Keith Deimund, Trustee of the G. Keith Deimund Trust U/T/A dated September 3, 1979, to me personally known, who being duly sworn did say that he is a managing member of DKR Properties, L.L.C., a Missouri Limited Liability Company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. utautraui fN TESTIMOaa` rl �have hereunto set my hand and affixed my official seal the day and year first above v tte��ytiats 20 6`� '�, ���arY 2,2 .0• i =yt �zaw 1 Al' NOTARY SEAL ��Q` Notary Public N �1C/i iii i it������� 8 'DY McL E DONLEY f/k/a SANDY S. McL( E DAVID DO EY STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) Zv1� On this , day of— X9.18;before me personally appeared Sand}' McLane Donley, f/k/a/ Sandy S. McLane, individually, and David Donley, her husband, known to me to be the persons who executed the foregoing instrument and acknowledged to me that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereu to se _q hand and affixed my official seal the day and year first above written. LAURA R.WHITWORTH Notary Public Notary Pu c Notary Seaf STATE OF MISSOURI Commission#10679259 My Commission Expires 502014 SIGNATURE PAGE TO DECLARATION OF RESTRICTIVE COVENANTS 9 FIRST STATE COMMUNITY BAIN7C By: L_ �_ Henry lyfield, J . anch PL4ident STATE OF MISSOIRI ) ss. COUNTY OF CAPE GIRARDEAO ) On this-L-day of /n//'V. 2010, before me personally appeared Henry J. Holyfield Jr. to me personally k own, who being duly sworn did say that he is the Cape Girardeau _ � P Y g � Y P Branch President of First State Community Bank, a Missouri banking corporation, and that the foregoing instrument was signed in behalf of said banking corporation by authority of its Board of Directors, and the said_Henry J. Holytield, Jr. acknowledged said instrument to be the free act and deed of said banking corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Publ' KELLY A.OWEM ,, :NOTARY':�_ My Cormissim bores August 8,2012 •SV Cape GirraNeau County 00HRIt?n A209@AA74 10 RIVER CITY DESSERTS, L.L.C. Kevin Stanfield, Ma Qer Member STATE OF MISSOURI ) ss. COL%1TY OF CAP`�E1�G/ 1iRARDAU /� ) On this "I' " day o&9fMlU-(r 2010 before me personally appeared Kevin Stanfield, to me personally known, who being duly sworn did say that he is Manager Member of River City Desserts, L.L.C., a Missouri Limited Liability Company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. TN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 9*00 Notary Public TARA CONNER Notary Public-Notary Seal Slate of Missouri,Scott County Commfssion#f 08561598 My Commission Expires Aug 25,2012 I1 GE CAPITAL FRANCHISE FINANCE CORPORATION By /l/'�" Printe e: Com, n Title: o1w Cmtt AUthOfized SignatOrY STATE OF A COUNTY OF Carolyn Craft On this 6 day of ,2010,before me personally appeared � LY^f 0164 Martinr44-VV to me personally known,who being duly sworn did say that he/she is the /-(� 2G,D S/C A '�71 R_.JL4of GE Capital Franchise Finance Corporation, a Delaware corporation, and that the foregoing instrument was signed in behalf of said corporation by authority of its Board of Directors,and the said dC%lfa/�iZ "0 St(.,-rA-v-dR-L4 acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set nd and affixed m official seal the day and year first above written. ;- N757y Pub fti DIANE LINKIEWICZ NOTARY PUBLIC••ARIZONA MARICOPA COUNTY My Commission Expires September 30,2011 12 REGENT'S PARC,LLC By: James D. Maurer,Manager STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 2010 before me personally appeared James D. Maurer, to me personally known, who being duly sworn did say that he is the Manager of Regent's Pare, LLC,a Missouri Limited Liability Company, and that as such; he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri,the day and year first above written. Notary Public 13 DEXTER BAR-B-QUE, L B Y: L./ S. Bruce Vancil STATE OF MISSOURI ) Flo d j a�j ss. COUNTY OF-CA On this day of�V , 2010, before me personally appeared S. Bruce Vancil, to me personally known, who being duly sworn did say that he is President of Dexter Bar-B-Que,Inc.,a Missouri corporation, and that the said instrument was signed in behalf of said corporation by authority of its Board of Directors, and the said S. Bruce Vancil acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary P Jane=State tary Public tate ofz Misrd CountyC9487851My Coires 511612013 14 CAPE REGIONA CREDIT U N By: Jam O.Cauble, P ent STATE.OF MISSOURI ) Ss. COU\'TY OF CAPE GIRARDFAU ) On thisI�day ofVjk�", 2010, before me personally appeared James O. Cauble, to me personally known, who being duly sworn did say that he is the President of Cape Regional Credit Union, a Missouri credit union, and that the said instrument was signed in behalf of said credit union by authority of its Board of Directors, and the said James O. Cauble acknowledged said instrument to be the free act and deed of said credit union. iN TESTIMONY WI-IF..RI:OF, I have hereunto set my hand and affixed my official seal the day and year first above written. Nota v Public RACHEL K PEK'W NOiARYG;= My Commission Expires September 19,2011 y SEAL. Cape Girardeau County OFtJ+ '' Commissionf07268994 15 TIMOTHY L.KELLEY AND SANDRA K. KELLEY REVOCABLE TRUST DATED JANUARY 28,2000 By: T mothy V Kelley,Trustee By: Sandra K. Kelley, Trustee/ STATE OF MISSOURI } ss. COUNTY OF CAPE GIRARDEAU } r,11 ((� On this 10 � day of JOWZz 2010, before me personally appeared Timothy L. Kelley and Sandra K. Kelley, Trustees of the Timothy L. Kelley and Sandra K. Kelley Revocable Trust dated January 28, 2000, to me known to be the persons described in and who executed the foregoing instrument and who acknowledged to me that they executed the same as their free act and deed as trustees. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. TARA R. FISCHER Notary Pull lic Notary Public- Notary Seal STATE OF MISSOURI Cape Girardeau County My Commission Expires: July 21, 2014 Commission #10430904 16 GIBSON REC ' RY CENTER, INC By: ohn ary, Executive Direct STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this—fes-- day of ,� f2010, before me personally appeared John Gary, to me personally known, who being my sworn did say that he is the Executive Director of Gibson Recovery Center, Inc., a Missouri nonprofit corporation, and that the said instrument was signed in behalf of said corporation by authority of its Board of Directors, and the said John Gary acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 1 N ary Public KIMBERLY A.HUMPHREY Notary Public Notary Seal State of Missouri Commissioned for Cape Girardeau Cau My Commdsft Explres:November 29,221 Commission Number.08585705 17 J FIRE ROOSTER, L.L.C. By: avid W. euerh n, Manager STATE OF MISSOURI } } ss. COUNTY OF CAPE GIRARDEAU ) On this day of 2010 before me personally appeared David W. Feuerhahn, to me personally kno n, who being duly sworn did say that he is the Manager of Fire Rooster, L.L.C., a Missouri Limited Liability Company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. CN TESTIMONY WHEREOF, I haveere o set my hand and affixed my official seal the day and year first above written. &. , Nota Public ,'""" Cj.P_-0RAIi L BESS V%< Fly Commi Ion Expires Mol st 18,2,012 Girardeau County '!Z'.1r �' Gnr'r krsfcn#08524660 18 C THE CHRISTIlVA J. BROST 1997 REVOCABLE TRUST AGREE'NIENT DATED NOVEMBER 20, 1997 B1. � Christina J. Brost, ustee ay: _ Kyle E. Br ,Truste STATE OF MISSOURI ) Ss. COUNTY OF CAPE GIRARDEAU ) On this—t&day of 2010, before me personally appeared Christina J. Brost and Kyle E. Brost, Trustees o the Christina J. Brost 1997 Revocable Trust Agreement dated November 20, 1997, to me known to be the persons described in and who executed the foregoing instrument and who acknowledged to me that they executed the same as their free act and deed as trustees. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal on the day and year first above written. DEBORAH L.gE.:o Votary Public W.Ol'%uX'sl 1812012 cxpiras �'�tVllii�'�• `'::OC G.7af.9P3l1 COURt�. Can Tr�af9n N("so!.6s0 19 STRATEGIC REAL ESTATE PARTNERS,LLC By: v 91 James M. Hillin,Trustee of the James . Hillin Revocable Trust, Member STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of2010 before me personally appeared James M. Hillin, Trustee of the James M. Hillin R vocable Trust, to me personally known; who being duly sworn did say that he is a member of Strategic Real Estate Partners, LLC,a Missouri Limited Liability Company,and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. LWOL& Notary Pub6P BE Notary Public-Notary Seat State of Missouri Commissioned for Cape Girardeau County My Commission Exppire;:January 21,2011 Commissian Number 073916 20 THE JOHNNY L. SELB' ENDED REVOCA13LE LIVING TRUSTDAT J ARY 4, 1994 By: ohn y,Trustee STATE OF MISSOURI ) ss. COUNTY OF CAPD GIRARDEAU ) On this day of_ _ ?0l 0, before me personally appeared Johnny L. Selby, Trustee of the Johnny L. Selby Amended Revocable Living Trust dated January 4, 1994, to me known to be the person described in and who executed the foregoing instrument and who acknowledged to me that he executed the same as his free act and deed as trustee. N TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. Notary Pu lic �p�Y P(. KELLY A OVVENS NOTr�iY G� My Con�Expose August 8,2012 SEAL..' Cape Girardeau Cowry Gommi9iw#0408074 21 CELA,LLC By: Jeffrey U t,Manager STATE OF MISSOURI } ) SS. COL Ni TY OF CAPE GIRARDEAU ) On this J'g-tb'day of &Qkkhher, 2010 before me personally appeared Jeffrey Umfleet, to me personally known, who being duly sworn did say that he is the Manager of Cela, LLC, a Nevada Limited Liability Company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. /�//��/� //J/ ! I A ` ' �6- /J�X VI U L! Notary Public Conan �� MY E)Oreis NNAR` - s SEAL _ January 10,2014 Cape Qhrdeau County Commission F10427O 22 CROSS TRAILS MEDICAL CENTER ":.MW Y/-�L'&'--- Printed Name: Mona Wells Title: CEO STATE.OF MISSOURI ) ss. COUNTY OF CAPE GIRAR.DEAU ) f� �� On this 0 p�" UC:�- Liz day of �L, 2010, before me personally appeared Gl to me personally known, who being duly sworn did say that lie/she is the of Cross Trails Medical Center, a Missouri nonprofit corporation, and that the said instrument was signed in behalf of said corporation by authority of its Board of Directors, and he/she further acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public A • NOTARY��`s•, PUBLIC �• .o NOTARY ' •" SEAL COMMISSION o, '•• �,#06-9806110c1 S'T•'��COQ;':•��.`� 11 �s��``\```. 23 JOHNSON P TIES By:-- Darrin A. Johnson, Partner 8y: Racheile . Johnson1 Partner By: frey Johnson, Partner By:/C. Z2,." Tina J hn Partner By: er ohnson, Partner STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this.�ft day of�L, � 2010 before me personally appeared Darrin A. Johnson, Rachelle R. Johnson, Jeffrey Johnson, Tina Johnson, and Jeremy Johnson, to me personally known, who being duly sworn did say that they are the partners of Johnson Properties, a General Partnership,and that as such, they have authority to execute the foregoing instrument on behalf of said partnership, and acknowledged that they executed the same as the free act and deed of said partnership. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year first above written. / �' j� No ublic TARA R. FISCHER Notary Public-Notary Sea! STATE OF MISSOURI Cape Girardeau County My Commission Expires: July 21, 2014 Commission #10430904 24 VEI MARS & SONS, L.L.C. / ' !! Liv: .� Gary M. VerMaas, Authorized Member STATE OF NEBRASKA ) ss. COUNTY OF LANCASTER ) On this�� day of- /Z010 hefore me personally appeared Cary M. VerMaas, to me personally known, who being duly sworn did say that he is an Authorized Member of VerMaas & Sons, L.L.C., a Nebraska Limited Liability Company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. TN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public fi�lERAt NOTARY-Rffte of Nefmsl0 STEVE WALCH My Cwm Exp.,Acle 26,2011 2)j V,RMAAS & SONS,L.L.C. V.—Brz ohn D.VerMaas, Ma ging Member STATE OF NEBRASKA SS. COUNTY OF LANCASTER ) On this_Lt>—day of s '.r 2010 before me personally appeared John D. VerMaas, to me. personally known, who being duly sworn did say that he is the Managing Member of VerMaas & Sons, L.L.C., a Nebraska Limited Liability Company, and that as such, he has authority to execute the foregoing instrument on behalf of'said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. f\' TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. -' Votary Public ti£Fr$iAL f10iARY•State Df NtrmM STEVE WALCH Att Comm.E*Jerre 26.2011 25 EAGLE PEAK PROPERTIES,L.P. By.- Rust Management Company, a Missouri corporation, its General Partner B _ James A. Rust, President STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this_�C`� day of 2010 before me personally appeared James A. Rust,to me personally known, who being duly sworn did say that he is the President of Rust Management Company, the General Partner of Eagle Peak Properties, L.P., a Missouri limited partnership, and that as such, he has authority to execute the foregoing instrument on behalf of said limited partnership, and acknowledged that he executed the same as the free act and deed of said limited partnership. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public PATKIA&904AAEFER My Canffgwon Evkes August 9,2D13 SFAL Scott County of t , Commission 409456475 26 PAUL A. S;CJJMMANN SARAH . SCHER.M_ANN PAUL A. HENDRIX MARY F ENDRJX STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this_A*day of 2010, before me personally appeared Paul A. Schermann and Sarah J. Schermann, husband and wife, known to be the persons described in and who executed the foregoing instrument and acknowledged to me that they executed the same as their free act and deed. IN TESTIMONY WI]FRFOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Commission Expires: id, (9, 2 JI February9, 2012 'blic Lisa R. eyer Notary Pu STATE OF MISSOURI ) ss. COUNTY OF CAPE GIR.ARDE.AU ) On this day of gepfeMbtlt , 2010, before me personally appeared Paul A. Hendrix and Mary F. Hendrix, husband and wife, known to be the persons described in and who executed the foregoing instrument and acknowledged to me that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year first above written. My Commission Expires: February 9, 2012 Notary P blic Lisa R. eyer 27 Z�/ r • � � '`i �, CITY OF CAVGRDAU,MISSOURI fie 'z,A By. cott Mey ,City [anager Attest: Gayle 6—nra&ity Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this // day of 2011, before me personally appeared Scott Meyer, to me personally known, who being duly sworn did say that he is City Manager for the City of Cape Girardeau, a Municipal Corporation of the State of Missouri, and that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and the said Scott Meyer acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. N tary Public .o.�pgY PUBS LADONNALAUB M'Commission Expires August 4,2011 9 SEAL Scott County SOF NI��; Commission#07462254 28 EXIDBIT A To Declaration of Restrictive Covenants "Center Property" Tract 1,"CVC Property"(Owner: CVC Building Partners,LLC) Lot 4 of a Resubdivision of Lot 4 of a Subdivision of Lot 3 of Westborough Subdivision, City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 15 at Page 69, land records of Cape Girardeau County, Missouri. ALSO, a part of Lot No. 1 of Westborough Subdivision as shown by Plat recorded in Plat Book 14 at page 82, land records of Cape Girardeau County, Missouri, described as follows: A part of Lot No. 1 of Rodney 400 Arpen Tract lying in United States Private Survey No. 2199,Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at the intersection of the West line of Lot No. 1 of the Rodney 400 Arpen Tract and the South right of way line of Missouri State Route K at centerline station 326+23.24; thence along the West line of Lot No. I of the Rodney 400 Arpen Tract the following courses and distances: South 05° 05' 57" East, 1933.38 feet, thence South 29° 08' 06" East, 524.21 feet to the Point of Beginning;thence leaving said West line North 51°09'03"East, 637.26 feet to the beginning of a non-tangent curve concave to the Northeast having a radius of 1030.00 feet and a central angle of 11° 14' 18" from which point a radial line bears North 67° 56' 20" East; thence in a southeasterly direction 202.03 feet to the beginning of a compound curve concave to the Northeast having a radius of 167.49 feet and a central angle of 10° 09' 08"; thence in Southeasterly direction along said curve 29.68 feet; thence South 43° 27' 05" East 39.40 feet to the Northeasterly corner of Lot 4 of a Resubdivision of Lot 4 of a Resubdivision of Lot 3 of Westborough Subdivision; thence South 460 17' 47" West'along and with the Northerly line of said Resubdivision of Lot 4 of a Resubdivision of Lot 3 of Westborough Subdivision 187.82 feet; thence along and with said line South 51° 09' 03" West, 462.35 feet to the West line of Lot 1 of the Rodney 400 Arpen Tract; thence North 29° 08' 06" West, 287 feet more or less,to the Point of Beginning,containing 4.08 acres,more or less. EXCEPT from the above a tract conveyed to the City of Cape Girardeau by General Warranty Deed dated June 16, 1999 and recorded September 22, 1999 in Book 1026 at Page 949, land records of Cape Girardeau County,Missouri. Tract 2,"DKR Property"(Owner: DKR Properties, L.L.C.) "DKR West": Part of Lot 1 of Westborough Subdivision, in the City and County of Cape Girardeau, Missouri,as recorded in Plat Book 14, Page 82,being more particularly described as follows: Commence at the,Southwest Corner of Lot 3 of Westborough Subdivision, as recorded in Plat Book 14, Page 82 in the land records of said Cape Girardeau County;thence with the west line of said subdivision, North 28°42'39" West, 685.96 feet to the Point of Beginning; thence continue North 28°42'39" West, 322.95 feet; thence North 04°40'30" West, 915.51 feet; thence leaving said West line, North 85°26'12" East, 357.47 feet;thence North 04°41'04" West, 51.80 feet; thence North 85°18'56"East, 508.74 feet, to a point on the West line of Broadview Street; thence with said right of way line, along the arc of a non- tangent curve being concave to the West, having a radius of 787.00 feet, a distance of 137.38 feet (the chord of said arc bears South 05°45'18" West, 137.21 feet); thence South 10°45'21" 'Vest, 396.13 feet; thence along the arc of a curve to the left, having a radius of 1030.00 feet, a distance of 366.69 feet; thence leaving said West line, South 51°34'30" West, 686.91 feet, to the Point of Beginning and containing 18.26 acres, more or less, as shown on survey by Koehler Professional Engineers & Land Surveyors,August,2010(Project No. 33838). ALSO, Part of Lot 1 of Westborough Subdivision, in the City and County of Cape Girardeau, Missouri, as recorded in Plat Book 14,Page 82, being more particularly described as follows: Commence at the Southwest Corner of Lot 3 of Westborough Subdivision, as recorded in Plat Book 14, Page 82 in the land records of said Cape Girardeau County; thence with the West line of said subdivision, 29 North 281142'39" West, 484.50 feet, to the Point of Beginning; thence continue North 28°42'39" West, 201.46 feet; thence leaving said West line, North 51°34'30" East, 686.91 feet,to a point on the West right of way line of Broadview Street; thence with the arc of a non-tangent curve being concave to the Northeast, having a radius of 1030.00 feet, a distance of 215.76 feet (the chord of said are bears South 15°38'34" East, 215.37 feet); thence leaving said right of way line, South 51°34'30" West, 637.50 feet, to the Point of Beginning and containing 3.00 acres, more or less, as shown on survey by Koehler Professional Engineers& Land Surveyors, August,2010(Project No. 33838). "DKR East": All of Lot Numbered Two (2) of DKR 8`h Subdivision, in the City of Cape Girardeau, Missouri,as shown by Plat recorded in Plat Book 21 at Page 9, land records of Cape Girardeau County, Missouri. Tract 3,"McLane Property"(Owner: Sandy McLane Donley) Lot Two (2) of McLane Outlot No. 1 in the City of Cape Girardeau as shown by plat thereof recorded in Plat Book 22, Page 13 in the land records of Cape Girardeau County; Missouri, ALSO, Lot Two (2) of McLane Outlot No. 2 in the City of Cape Girardeau as shown by plat thereof recorded in Plat Book 19, Page 46 in the land records of Cape Girardeau County, Missouri. Tract 4, "FSCB Property" (Owner: First State Community Bank) Lot One (1) of McLane Outlot No. l in the City of Cape Girardeau as shown by plat thereof recorded in Plat Book 22, Page 13 in the land records of Cape Girardeau County, Missouri. ALSO an easement 30 feet wide for ingress and egress over part of Lot 2 of McLane Outlot No. 1 as shown on the plat of McLane Outlot No. 1. Tract 5, ''My Daddy's Property"(Owner: River City Desserts, L.L.C.) Lot One (1) of McLane Outlot No. 2 in the City and County of Cape Girardeau, Missouri, as shown by plat filed in Plat Book 19 at Page 46. Tract 6, "Applebee's Property"(Owner: GE Capital Franchise Finance Corporation) All of l,oi One (1) of Mid City Business Centre, a subdivision in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 16 at Page 66, Tract 7,"Rust& Martin Property" (Owner: Regent's Parc, LLC) All of Lot Numbered Two (2) of Mid City Business Centre, a subdivision in the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 16 at Page 66, land records of Cape Girardeau County, Missouri. Tract 8,"Dexter BBQ Property" (Owner: Dexter Bar-B-Que,Inc.) All of Lots Numbered Three(3)and Four(4)of Mid City Business Centre Second Subdivision as shown by Plat recorded in Plat Book 20 at Page 73 of the Land Records of Cape Girardeau County, Missouri. Tract 9, "Credit Union Property"(Owner: Cape Regional Credit Union) All of Lot Numbered One (1) of DKR First Subdivision in the City and County of Cape Girardeau. Missouri, as shown by Plat recorded in Plat Book 18 at Page 33, land records of Cape Girardeau County, Missouri. Tract 10, "Capital Insurance Property" (Owner: Timothy L. Kelley and Sandra K. Kelley,Trustees of the Timothy L. Kelley and Sandra K. Kelley Revocable Trust U/T/A dated January 28,2000) All of Lot Numbered One(1)of DKR 2"d Subdivision in the City and County of Cape Guardeau, Missouri, as shown by Plat recorded in Plat Book 19 at page 11, land records of Cape Girardeau County. 30 ALSO, all that part of Lot Numbered Two (2) of DKR 4"' Subdivision in the City and County of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 19 at Page 30, land records of Cape Girardeau County, described as follows: Begin at the Northeast corner of Lot No. 1 of DKR 2nd Subdivision, thence South 79 degrees 39' 20" East, 4.50 feet, thence South 10 degrees 20' 40" West, 130.00 feet, thence North 79 degrees 39'20" West, 4.50 feet to the Southeast corner of Lot I of DKR 2nd Subdivision, thence along the East line of Lot No. I of DKR 2nd Subdivision North 10 degrees 20' 40" East, 130.00 feet to the Point of Beginning. Tract ll,"Gibson Property"(Owner: Gibson Recovery Center,Tnc.) Lot Numbered One (1) of DKR 3`d Subdivision in the City and County of Cape Girardeau, Missouri, as shown by plat filed in Plat Book 19 at Page 26. ALSO, all that part of Lot Numbered Two (2) of DKR 4'h Subdivision in the City and County of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 19 at Page 30, land records of Cape Girardeau County, described as follows: Begin at the Northeast corner of Lot No. 1 of DKR 3`d Subdivision; thence South 79°39'20" East, 4.50 feet; thence South 10°20'40" West, 130.00 feet; thence North 79° 39' 20"West, 4.50 feet to the Southeast corner of Lot I of DKR 3rd Subdivision; thence along the East line of Lot No. I of DKR 3`d Subdivision North 10° 20' 40" East, 130.00 feet to the Point of Beginning. Tract 12,"Pro Carwash Property"(Owner: Fire Rooster,L.L.C.) All of Lot Numbered One (1) of DKR 4'h Subdivision in the City and County of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 19 at Page 30, land records of Cape Girardeau County, Missouri. Tract 13, "Brost Eye Care Property" (Owner: Christina J. Brost and Kyle E. Brost,Trustees of the Christina J. Brost 1997 Revocable Trust Agreement dated November 20, 1997) All of Lot Number One (1) of DKR 5"' Subdivision in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 19 at Page 66, land records of Cape Girardeau County, Missouri. Tract 14,"Hillin & Clark Property" (Owner: Strategic Real Estate Partners,L.L.C.) All of Lot Number Two (2) of DKR 5'h Subdivision in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 19 at Page 66, land records of Cape Girardeau County, Missouri. Tract 15, "Stereo One Property" (Owner: Johnny L. Selby, Trustee of the Johnny L. Selby Amended Revocable Living Trust dated January 4, 1994) All of Lot One(1)of DKR 6'h Subdivision in the City and County of Cape Girardeau, Missouri as shown by Plat recorded in Plat Book 20 at Page 26, land records of Cape Girardeau County, Missouri. Tract 16,"Affordable Dentures Property" (Owner: Cela,LLC) Lot One (1) of DKR 7" Subdivision in the City and County of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 20 at Page 30. Tract 17,"Cross Trails Property" (Owner: Cross Trails Medical Center) All of Lot Numbered One(1)of DKR 8`h Subdivision, in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 21 at Page 9, land records of Cape Girardeau County, Missouri. Tract 18,"Ultimate FloorinE Property" (Owner: Johnson Properties) Lot No. I of DKR 9 ' Subdivision as recorded in Plat Book 22 at Page 92, of the land records of Cape Girardeau County, Missouri. 3l Tract 19,"Social Security Property" (Owner: Vermaas &Sons,L.L.C.) All of Lot One (1) of DKR 10 Subdivision in the City of Cape Girardeau as shown by plat recorded in Plat Book 24 at Page 41, land records of Cape Girardeau County, Missouri. Tract 20,"Eagle Peak Property"(Owner: Eagle Peak Properties, L.P.) All of Lot Two (2) of DKR 10'" Subdivision in the City of Cape Girardeau as shown by plat recorded in Plat Book 24 at Page 41, land records of Cape Girardeau County, Missouri. Tract 21, "King's Row Rear Property"(Owner: Paul A. Schermann and Sarah J. Schermann,H/W (1/2)and Paul A.Hendrix and Mary F. Hendrix,H/W(1/2)) That part of Lot No. 1 of Westborough Subdivision in the City and County of Cape Girardeau, the State of Missouri, as shown in Plat Book 14 at Page 82 of the land records of said county, described as follows: Begin at the Northwest corner of I.ot No. 2 of said subdivision; thence South 79°2 P 13" East with the South line of Cape Centre Drive, 200.00 feet; thence North 10° 38'47" East, 32.23 feet; thence North 37°47' 47" East, 19.97 feet, to a point on the North line of said Cape Centre Drive, the Place of Beginning; thence North 79° 21' 13" West, 89.90 feet; thence North 10° 38'.47" East, 85.77 feet; thence North 26° 59' 25" West, 64.08 feet, thence North 40° 12' 49" Nest, 6.31 feet; thence North 55° 05' 51" East, 32.40 feet; thence South 26°46' 1 1" East, 192.28 feet; thence South 37°47'47" West, 12.26 feet, to the Place of Beginning and containing 0.20 acres, more or less. Subject to any easements of record. (Legal description from survey by Koehler Professional Engineers & Land Surveyors dated October 15, 1998 and recorded in the land records of Cape Girardeau County, Missouri.) Tract 22,"Detention Pond Property" (Owner: City of Cape Girardeau) That part of Lot No. I of Westborough Subdivision, in the City and County of Cape Girardeau, the State of Missouri, more particularly described as follows: Commence at the northwest corner of Lot No. 2 of Westborough Subdivision, said point being on the south right of way line of Cape Centre Drive; thence along said south right of way line, South 79'21'13" East, 200.00 feet; thence leaving said south right of way line, North 10°38'47" East, 32.23 feet; thence North 37047'47" East, 19.97 feet, to the north right of way line of said Cape Centre Drive; thence along said north right of way line, North 79°21'13" West, 89.90 feet, to the Point of Beginning; thence continue North 7921'13" West, 538.44 feet; thence leaving said north right of way line of Cape Centre Drive, North 09°41'48" East, 266.03 feet; thence South 26°52'57" East, 118.95 feet; thence South 46°07'55"East, 80.01 feet; thence South 5923'12"East, 190.39 feet; thence South 89°19'05" East, 100.00 feet; thence North 82°33'06" East, 35.36 feet; thence North 55°05'55" East, 69.15 feet; thence South 40°12'49" East, 6.25 feet; thence South 26°59'25" East, 64.08 feet; thence South 10°38'47" West, 85.77 feet, to the Point of Beginning and containing 1.44 acres, more or less. Subject to any easements of record. 32 AMENDMENT TO DEDICATION (Greenbelt Area) THIS AMENDMENT is made and executed effective as of this 10'h day of January, 2011, by and between: CVC BUILDING PARTNERS,LLC,a Missouri limited liability company; DKR PROPERTIES,L.L.C.,a Missouri limited liability company; and SANDY McLANE DONLEY f/k/a SANDY S.McLANE and DAVID DONLEY, her husband, GRANTORS/GRANTEES (each,individually, a "Party"and collectively, the "Parties") WITNESSETH: WHEREAS,CVC Building Partners, LLC is the owner of the property described as"Tract I"on Exhibit A, attached hereto and incorporated herein by reference(the CVC Property"); DKR Properties, L.L.C. is the owner of the property described as "Tract II" on Exhibit A (the "DKR Property"); and Sandy McLane Donley f/k/a Sandy S. McLane is the owner of the property described as "Tract III" on Exhibit A(the"McLane Property")(and collectively,the"Properties");and WHEREAS,the CVC Property,the DKR Property and the McLane Property are adjacent to each other, all lying North of Bloomfield Road, South of Route K/William Street, and West of Broadview Street, in the City of Cape Girardeau; and WHEREAS, the Parties' predecessors in interest executed that certain Dedication dated November 22, 1974, and recorded in the Recorder of Deeds Office for Cape Girardeau County, Missouri in Book 319 at Page 252 (the "Dedication Agreement"), in connection with the City of Cape Girardeau's rezoning of the Properties and additional land to "G4", whereby the parties dedicated to public use for utilization as an unimproved "green belt" area, an area located along the far West side of the Properties (the "Greenbelt Area") as more particularly described in the Dedication Agreement, to serve as a buffer zone between the adjacent residential neighborhood and the commercial development on the Properties and other land; and WHEREAS, the Dedication Agreement set forth certain restrictions on the utilization of the Greenbelt Area and covenants regarding the maintenance of said area, all of which "run with the land" described in the Dedication Agreement and inure to and bind the successors in interest of the original parties to the Dedication Agreement and the adjacent residential property owners; and WHEREAS, the owners of the Properties at the time the Dedication Agreement was signed owned additional lands lying east of the Properties, all of which was re-zoned at the same time; the prior owners intended to develop the entire area as one large, strip center commercial development, with common areas and common area expenses to be shared by all property owners or their tenants; as a result, the property described in the Dedication Agreement includes lands in addition to the Properties described on Exhibit A; the area has not developed as originally planned and, instead, tracts have been sold and developed individually,and it no longer makes sense to burden any property,other than property which includes a part of the Greenbelt Area within said property's boundaries, with the responsibility for maintaining the Greenbelt Area; and WHEREAS, the Parties, as the owners of the Properties which include the Greenbelt Area within the property boundaries, desire to amend the Dedication Agreement to limit the restrictions and obligations contained in the Dedication Agreement to those lands which include any portion of the Greenbelt Area within the boundaries of said lands, and to limit each Party's responsibilities related to said Greenbelt Area to each Party's respective tract of land. NOW,THEREFORE, in consideration of the above recitals and the terms and conditions of this Agreement, and in consideration of the mutual promises, covenants and agreements as set forth herein, and the mutual benefits to be derived therefrom, and other good and valuable consideration, the receipt of which is hereby acknowledged,the Parties agree as follows: 1. Limitation on Lands Burdened by Dedication. The Parties agree that the restrictions and covenants contained in the Dedication Agreement shall be limited to properties that include any part of the Greenbelt Area within said properties' boundaries, and that all other tracts of land originally described in the Dedication Agreement shall be released from any such restrictions and covenants. The Parties acknowledge that the Properties described on Exhibit A are the only existing properties that include the Greenbelt Area within..their boundaries. Notwithstanding the foregoing, the Parties further acknowledge and agree that if said Properties, or any part thereof, are subdivided so as to create additional tracts of land which do not include any part of the Greenbelt Area, such tracts of land shall no longer be burdened by the restrictions and covenants contained in the Dedication Agreement. 2. Maintenance of Greenbelt Area. For so long as the Dedication Agreement is in effect, the undersigned Parties, for themselves and the it lessees, agree to be responsible for standard and reasonable maintenance of the Greenbelt Area, including but not limited to the cutting of grass, removal of dead trees, removal of litter and debris, and the prevention of erosion thereon, as more fully set out in the Dedication Agreement. Provided, however, that each Party's responsibility shall be limited to that portion of the Greenbelt Area lying on that Party's tract of land and none other. 3. Binding Effect/Term. The covenants and obligations contained in this Amendment shall take effect immediately upon being filed in the Office of the Recorder of Deeds of Cape Girardeau County, Missouri, and shall be covenants running with the land, Each and all grantees in accepting a conveyance of the Properties described herein, or any portion of the Properties which includes any part of the Greenbelt Area, shall bind themselves, their heirs, assigns, successors or legal representatives, in the observance and performance of the restrictions and covenants herein set forth, until such time as the Dedication of the Greenbelt Area is abandoned or terminated by an instrument in writing signed by all of the landowners adjacent to and abutting said Greenbelt Area filed in the Recorder of Deeds Office for Cape Girardeau County, Missouri, as more fully set out in the Dedication Agreement. 4. Reaffirmation of Dedication Agreement. The Parties acknowledge and agree that, except as specifically amended herein,the Dedication Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the undersigned have caused this Amendment to be executed on the day and year first written above. CVC BUILDING PARTNERS,LLC By:o Vii'C>:'' '�'1 i,- i_ r% Billy A , Hammond,Managing Member STATE OF MISSOURI ) ss COUNTY OF CAPE GIRARDEAU ) On this 3/ 5.4 day of a 2010 before me personally appeared Billy A. F. Hammond, to me personally known,4o being duly sworn did say that he is the Managing Member of CVC BUILDING PARTNERS, LLC, a Missouri limited liability company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that lie executed the same as the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau,Missouri,the day and year first above written. 1 g°wrYPy� DEANNA BALDWIN �J 9 Notary Public ?fo My Commission Expires NOTARY'l October 3,2013 SEAL Cape Girardeau County Commission#09401378 °j'rmmounu'� DKR PROP�ERTIE�SS L.L,C. G. Keith Deimund,Trustee of the G. Keith Deimund Trust U/T/A dated Sept. 3, 1979, Managing Member STATE OF MISSOURI ) ss C0UNTY OF CAPE GIRARDEAU ) On this day of i �� 2010 before me personally appeared G. Keith Deimund, Trustee of the G.Keith eimund Trust U/T/A dated September 3, 1979, to me personally known, who being duly sworn did say that he is the Managing Member of DKR PROPERTIES, L.L.C.,a Missouri limited liability company,and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau,Missouri,the day and year first above written. t-: Notary Public [NOTARY RILYN GILMORE PUBLIC-NOTARY SEAL 3 ATE OF MISSOURI OF CAPE GIRARDEAU MISSION#10433714 mission Ex irea:'yi6J2014 SANDY MCLA - DONLEY f/k/a SANDY SV CLANE DAVID DO LEY STATE OF MISSOURI } } ss COUNTY OF CAPE GIRARDEAU } qh On this day of Ja MuaY\ 4944-, before me, a Notary Public in and for said state, personally appeared Sandy McLane Donley /k/a Sandy S. McLane, and David Donley, her husband, to me known to be the persons d escribed in and who executed the foregoing instrument and who acknowledged to me.that they executed the same as their free act and deed. IN TES-11MONY WHEREOF; I have hereunto set m d an ffi y official at my office in the aforesaid county and state on t n ar f st ove ritte N Public LAURA R.WHrrWORTH Notary Publlo Notary Sear STATE OF MISSOURI Commission#10879268 My Commission EXPIres 6/712014 SIGNATURE PAGE TO AMENDMENT TO DEDICATION (Greenbelt Area) 4 EXHIBIT A To Amendment to Dedication (Greenbelt Area) Tract 1, "CVC Property" (Owner: CVC Building Partners,LLC) Lot 4 of a Resubdivision of Lot 4 of a Subdivision of Lot 3 of Westborough Subdivision, City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 15 at Page 69, land records of Cape Girardeau County, Missouri. ALSO, a part of Lot No. 1 of Westborough. Subdivision as shown by Plat recorded in Plat Book 14 at page 82, land records of Cape Girardeau County,Missouri,described as follows: A part of Lot No. I of Rodney 400 Arpen Tract lying in United States Private Survey No.2199,Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at the intersection of the West line of Lot No. I of the Rodney 400 Arpen Tract and the South right of way line of Missouri State Route K at centerline station 326+23.24; thence along the West line of Lot No. 1 of the Rodney 400 Arpen Tract the following courses and distances: South 050 05' 57" East, 1933.38 feet, thence South 29° 08' 06" East, 524.21 feet to the Point of Beginning; thence leaving said West line North 51°09'03" East, 637.26 feet to the beginning of a non-tangent curve concave to the Northeast having a radius of 1030.00 feet and a central angle of I V 14' 18" from which point a radial line bears North 67 56' 20" East; thence in a southeasterly direction 202.03 feet to the beginning of a compound curve concave to the Northeast having a radius of 167.49 feet and a central angle of 10° 09' 08"; thence in Southeasterly direction along said curve 29.68 feet; thence South 43° 27' 05" East 39.40 feet to the Northeasterly corner of Lot 4 of a Resubdivision of Lot 4 of a Resubdivision of Lot 3 of Westborough Subdivision; thence South 46° 17' 47" West along and with the Northerly line of said Resubdivision of Lot 4 of a Resubdivision of Lot 3 of Westborough Subdivision 187.82 feet; thence along and with said line South 51° 09' 03" West, 462.35 feet to the West line of Lot 1 of the Rodney 400 Arpen Tract; thence North 29° 08' 06" West, 287 feet more or less,to the Point of Beginning, containing 4.08 acres,more or less. EXCEPT from the above a tract conveyed to the City of Cape Girardeau by General Warranty Deed dated June 16, 1999 and recorded September 22, 1999 in Book 1026 at Page 949, land records of Cape Girardeau County,Missouri. Tract 2,"DKR Property"(Owner: DKR Properties,L.L.C.) Part of 'Lot I of Westborough Subdivision, in the City and County of Cape Girardeau, Missouri, as recorded in Plat Book 14,Page 82,being more particularly described as follows: Commence at the Southwest Corner of Lot 3 of Westborough Subdivision, as recorded in Plat Book 14, Page 82 in the land records of said Cape Girardeau County; thence with the west line of said subdivision, North 28°42'39" West, 685.96 feet to the Point of Beginning; thence continue North 28°42'39" West, 322.95 feet; thence North 04°40'30" West, 915.51 feet; thence leaving said West line, North 85°26'12" East, 357.47 feet; thence North 04°41'04'' West, 51.80 feet; thence North 85°18'56"East, 508.74 feet, to a point on the West line of Broadview Street; thence with said right of way line, along the arc of a non- tangent curve being concave to the West, having a radius of 787.00 feet, a distance of 137.38 feet (the chord of said arc bears South 05°45'18" West, 137.21 feet); thence South 1045'21" West, 396.13 feet; thence along the arc of a curve to the left, having a radius of 1030.00 feet, a distance of 366.69 feet; thence leaving said West line, South 5194'30" West, 686.91 feet, to the Point of Beginning and containing 18.26 acres, more or less, as shown on survey by Koehler Professional Engineers & Land Surveyors,August, 2010(Project No. 33838). ALSO, Part of Lot 1 of Westborough Subdivision, in the City and County of Cape Girardeau, Missouri, as recorded in Plat Book 14, Page 82,being more particularly described as follows: Commence at the Southwest Corner of Lot 3 of Westborough Subdivision, as recorded in Plat Book 14, Page 82 in the land records of said Cape Girardeau County; thence with the West line of said subdivision, North 28°42'39" West, 484.50 feet, to the Point of Beginning; thence continue North 28°42'39" West, 5 201.46 feet; thence leaving said West line,North 51°34'30"East, 686.91 feet,to a point on the West right of way line of Broadview Street; thence with the arc of a non-tangent curve being concave to the Northeast, having a radius of 1030.00 feet, a distance of 215.76 feet (the chord of said arc bears South 15°38'34" East, 215.37 feet); thence leaving said right of way line, South 51°34'30" West, 637.50 feet, to the Point of Beginning and containing 3.00 acres, more or less, as shown on survey by Koehler Professional Engineers& Land Surveyors, August,2010(Project No. 33838). Tract 3,"McLane Property"(Owner: Sandy McLane Donley) Lot Two (2) of McLane Outlot No. l in the City of Cape Girardeau as shown by plat thereof recorded in Plat Book 22, Page 13 in the land records of Cape Girardeau County,Missouri. ALSO, Lot Two (2) of McLane Outlot No. 2 in the City of Cape Girardeau as shown by plat thereof recorded in Plat Book 19,Page 46 in the land records of Cape Girardeau County,Missouri. 6 Illllllllllli�llllll'�IIIIII `�` DOCUMENT & 2011-08242 SCOTT R CLARK RECORDER or DEEDS CAPE GIRARDEAU COUNTY, MO RECORDED ON 07/26/2011 2:49 PM REC FEE,, 33.00 PA ES r 4 RATIFICATION AND CONSENT OF DECLARATION OF RESTRICTIVE COVENANTS Reference Deed: Document No. 2011- C, �) q- i This Ratification and Consent of Declaration of Restrictive Covenants is entered into this {� ' day of July, 2011, by Gross & Woudel, LLC, a Missouri Limited Liability Company, "Grantor/Grantee". WHEREAS, Grantor/Grantee, has succeeded to the interest of Timothy L. Kelley and Sandra K. Kelley, Trustees of the Timothy L. Kelley and Sandra. K. Kelley Revocable Trust U/T/A dated January 28, 2000 (the "Prior Owners") in and to the following described property and is the current owner of the following described property (the "Property"): All of Lot Numbered One (1) of DKR 2nd Subdivision in the City and County of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 19 at page 11, land records of Cape Girardeau County. ALSO, all that part of Lot Numbered Two (2) of DKR 4th Subdivision in the City and County of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 19 at Page 30, land records of Cape Girardeau County, described as follows: Begin at the Northeast corner of Lot No. 1 of DKR 2nd Subdivision, thence South 79 degrees 39' 20" East, 4.50 feet, thence South 10 degrees 20' 40" West, 130.00 feet, thence North 79 degrees 3912011 West, 4.50 feet to the Southeast corner of Lot 1 of DKR 2n1 Subdivision, thence along the East line of Lot No. l of DKR 2nd. Subdivision North 10 degrees 20' 40" East, 130.00 feet to the Point of Beginning; and WHEREAS, the Prior Owners of the Property, together with the owners of the adjacent properties in the same commercial development (the "Center"), have executed a Declaration of Restrictive Covenants (the "New Declaration") which terminates certain previously existing conditions, covenants, restrictions, and easements set out in various instruments more particularly described in the New Declaration, and establishes new covenants, conditions, restrictions and easements as more particularly set forth in the New Declaration, a copy of which has been provided to Grantor/Grantee; and WHEREAS, Grantor/Grantee acknowledges and agrees that the termination of certain existing conditions, covenants, restrictions and easements and the creation of new conditions, covenants, restrictions and easements will aid in the development of the Center, improve the Tract 10 (Capital Insurance Property) value of the properties located therein, including the Property and, accordingly, Grantor/Grantee agrees to execute this Ratification and Consent with the understanding that it will be recorded in the land records of Cape Girardeau County, Missouri. NOW, THEREFORE, in consideration. of the above recitals and Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor/Grantee hereby ratfes and consents to that certain Declaration of Restrictive Covenants recorded in the Recorder of Deeds office in and for Cape Girardeau County, Missouri, as Document No. 2011- O 5 �� + i and agrees that the Property shall be and is subject to the covenants, conditions, restrictions and easements contained in the New Declaration as if the New Declaration had been recorded prior to the conveyance deed to Granto /Grantee. [- iZv1 Oo tae(' C i.M�v�-1' �� .ol, C -S Cx IN WITNESS WHEREOF, the Grantor/Grantee has duly authorized representatives the day and year first above w G STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) instrument to be signed by its F:4 Deborah A. Gross, Manager lm K. Wondel, I Manager On this Ott day of July, 2011, before me personally appeared Deborah A. Gross and John K. Wondel, II, known to me to be the persons who executed the within Ratification and Consent as Managers of the limited liability company of Gross & Wondel, LLC and that as such Managers they have authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that they executed the same as the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Al -A 0 -IVA Notary Public TARA R. FISCHER Notary Public - Notary Seal STATE OF MISSOURI Cape Girardeau County My COMMission Expires; July 21, 2014 Commisslon #10430904 Tract 10 (Capital Insurance Property) LIEN HOLDER'S CONSENT TO DECLARATION Grantor: Alliance Bank 217 N. Kingshighway PO Box 1458 Cape Girardeau, MO 63702 Grantee: Gross & Wondel, LLC 326 S. Broadview Cape Girardeau, MO 63701 r� (J �`I I Ref. Deeds: Document No. 2011- and 2011- This Lien Holder's Consent is made and entered into this 5th day of July, 2011 by Alliance Bank ("Lien Holder"). WHEREAS, Lien Holder is the present holder of: (i) a Note in the original principal amount of $ 450,000.00 , secured by a Deed of Trust executed by Gross & Wondel, LLC, dated July 5 , 2011 and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2011- and (ii) a Note in the original principal amount of $ 360, 000.00 , secured by a Deed of Trust executed by Gross & Wondel, LLC, dated July 5 , 2011 and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2011- C 'J` P i ; Ct vr.G , c:Vt+e 1 � Lk(0, )00, (eco',fe-�kt1 � b,)D : (the above described Notes, collectively, the "Notes") and the above described Deeds of Trust, collectively, the "Deeds of Trust"). As a result of said Deeds of Trust, Lien Holder has a lien against the following described property (the "Property"): All of Lot Numbered One (1) of DKR 2"d Subdivision in the City and County of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 19 at page 11, land records of Cape Girardeau County. ALSO, all that part of Lot Numbered Two (2) of DKR 4th Subdivision in the City and County of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 19 at Page 30, land records of Cape Girardeau County, described as follows: Begin at the Northeast corner of Lot No. 1 of DIM 2"d Subdivision, thence South 79 degrees 39' 20" East, 4.50 feet, thence South 10 degrees 20' 40" West, 130.00 feet, thence North 79 degrees 3912011 West, 4.50 feet to the Southeast corner of Lot 1 of DKR 2"d. Subdivision, thence along the East line of Lot No. 1 of DKR 2"d Subdivision North 10 degrees 20'40" East, 130.00 feet to the Point of Beginning; and WHEREAS, the owner of the Property, together with the owners of the adjacent properties in the same commercial development (the "Center"), has executed an Owner's Ratification and Consent whereby it ratifies and consents to the terms of that certain Declaration of Restrictive Covenants (the "New Declaration") which terminates certain previously existing conditions, covenants, restrictions, and easements set out in various instruments more particularly described in the New Declaration, and establishes new covenants, conditions, restrictions and easements as more particularly set forth in the New Declaration, a copy of which has been provided to Lien Holder; and Tract 10, Capital Insurance Property (6.22.11) WHEREAS, the owner of the Property has requested Lien Holder to consent to the New Declaration; and WHEREAS, Lien Holder acknowledges and agrees that the termination of ' certain existing conditions, covenants, restrictions and easements and the creation of new conditions, covenants, restrictions and easements will aid in the development of the Center, improve the value of the properties located therein, including the Property, which will in turn facilitate repayment of the Notes and, accordingly, Lien Holder agrees to execute this Consent with the understanding that it will be attached to and incorporated within the Owner's Ratification and Consent and recorded in the land records of Cape Girardeau County, Missouri. NOW, THEREFORE, in consideration of the above recitals and Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lien Holder hereby consents and agrees that its rights pursuant to its Deeds of Trust shall be and are subject to and subordinate to the covenants, conditions, restrictions and easements contained in the New Declaration as if the New Declaration had been recorded prior to the Deeds of Trust. Lien Holder further consents and agrees that the covenants, conditions, restrictions and easements set forth in the New Declaration shall not be affected by the Deeds of Trust, and in particular, said covenants, conditions, restrictions and easements shall not be terminated or amended in any way in the event of foreclosure by Lien Holder or any successor to Lien Holder, or in the event that Lien Holder, or any successor, pursues any of its remedies as set forth in the Deeds of Trust. Provided, however, that by executing this Consent, Lien holder shall not be liable or responsible in any way whatsoever for any monetary payments, obligations or other affirmative duties set forth in the New Declaration, and such obligations shall be the sole responsibility of the owner of the Property. IN WITNESS WHEREOF, Lien Holder has set its hand by its duly authorized representative the day and year first above written. AM nc Bank r, Y By: �, ..• Printed Name: Kevin G Greaser Title: Community Bank President STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU On this 5th day of July, 2011, before me personally appeared Kevin G Greaser , to me personally known, who being duly sworn did say that he/she is Community Bank President of Alliance Bank, and that the said instrument was signed in behalf of said bank by authority of its Board of Directors. And the said Kevin G Greaser acknowledged said instrument to be the free act and deed of said bank. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeal,Avg� above written , � Y P& CINDY BERTRAND Mtro�/ NOTAAI'G*' = My Commission ExpiresJ June 20, 2014 . SEAL.- Cape Girardeau Counly Notary Public Commission#10903128 Tract 10, Capital Insurance Property (6.22. 11) �CA- ao 1. 0 0 . Title of Document: Declaration of Restrictive Covenants Date of Document: �� a , 2011 III ... 8030193 Tx :40200.31 Docum ENT # 2011-08241 SCOTT RC1ARK RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MO RECORDED ON 07/26/20it 2:24 PM REC FEE., 20L00 PAGE} 60 Grantors/Grantees: Westborough Subdivision; McLane Outlot No. 1; McLane Outlot No. 2; Mid City Business Centre; Mid City Business Centre Second; DKR First Subdivision; DKR 2❑d Subdivision; DKR 3rd Subdivision; DKR 4th Subdivision; DKR 5th Subdivision; DKR 66 Subdivision; DKR 7th Subdivision; DKR 8th Subdivision; DKR 9th Subdivision; DKR 10th Subdivision; CVC BUILDING PARTNERS, LLC, a Missouri limited liability company; DKR Properties, L.L.C., a Missouri limited liability company; Sandy McLane Donley f/k/a Sandy S. McLane, individually, and David Donley, her husband; First State Community Bank, a Missouri banking corporation; River City Desserts, L.L.C., a Missouri limited liability .company; GE Capital Franchise Finance Corporation, a Delaware corporation; Regent's Parc, LLC, a Missouri limited liability company; Dexter Bar-B-Que, Inc., a Missouri corporation; Cape Regional Credit Union, a Missouri credit union; Timothy L. Kelley and Sandra K. Kelley, Trustees of the Timothy L. Kelley and Sandra K. Kelley Revocable Trust U/T/A dated January 28, 2000; Gibson Recovery Center, Inc., a Missouri nonprofit corporation; Fire Rooster, L.L.C., a Missouri limited liability company; Christina J. Brost and Kyle E. Brost, Trustees of the Christina J. Brost 1997 Revocable Trust Agreement dated November 20, 1997; Strategic Real Estate Partners, L.L.C., a Missouri limited liability company; Johnny L. Selby, Trustee of the Johnny L. Selby Amended Revocable Living Trust dated January 4, 1994; Cela, LLC, a Nevada limited liability company; Cross Trails Medical Center, a Missouri nonprofit corporation; Johnson Properties, a general partnership; VerMaas & Sons, L.L.C., a Missouri limited liability company; Eagle Peak Properties, L.P., a Missouri limited partnership; Paul A. Schermann and Sarah J. Schermann, his wife, and Paul A. Hendrix and Mary F. Hendrix, his wife; and City of Cape Girardeau, Missouri, a municipal corporation; Legal Description: See Exhibit A, attached (pages 29-32) Reference Doc: Book 480, Page 154 Book 480, Page 205 Book 509, Page 914 Book 537, Page 513 Book 537, Page 519 Book 542, Page 502 Book 542, Page 506 Book 840, Page 234 Book 958, Page 727 Doc. Nos. 04-06062, 04-06063, ( 4-06064, 04-06065, 04-06066, 04-06067, 04-060,58, 04-06069, 04-06070, (4-06071, 04-06072, and 04-06073 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION of Restrictive Covenants is made and executed by each party on the dates shown by the respective signatures hereinbelow, effective upon recording, this, qay of July, 2011 by and between: CVC BUILDING PARTNERS, LLC, a Missouri limited liability company; DKR PROPERTIES, L.L.C., a Missouri limited liability company; SANDY MCLANE DONLEY f/k/a SANDY S. MCLANE, individually, and DAVID DONLEY, her husband; FIRST STATE COMMUNITY BANK, a Missouri banking corporation; RIVER CITY DESSERTS, L.L.C., a Missouri limited liability company; GE CAPITAL FRANCHISE FINANCE CORPORATION, a Delaware corporation; REGENT'S PARC, LLC, a Missouri limited liability company; DEXTER BAR-B-QUE, INC., a Missouri corporation; CAPE REGIONAL CREDIT UNION, a Missouri credit union; TIMOTHY L. KELLEY and SANDRA K. KELLEY, TRUSTEES of the Timothy L. Kelley and Sandra K. Kelley Revocable Trust U/T/A dated January 28, 2000; GIBSON RECOVERY CENTER, INC., a Missouri nonprofit corporation; FIRE ROOSTER, L.L.C., a Missouri limited liability company; CHRISTINA J. BROST and KYLE E. BROST, TRUSTEES of the Christina J. Brost 1997 Revocable Trust Agreement dated November 20, 1997; STRATEGIC REAL ESTATE PARTNERS, L.L.C., a Missouri limited liability company; JOHNNY L. SELBY, TRUSTEE of the Johnny L. Selby Amended Revocable Living Trust dated January 4, 1994; CELA, LLC, a Nevada limited liability company; CROSS TRAILS MEDICAL CENTER, a Missouri nonprofit corporation; JOHNSON PROPERTIES, a general partnership; VERMAAS & SONS, L.L.C., a Missouri limited liability company; EAGLE PEAK PROPERTIES, L.P., a Missouri limited partnership; PAUL A. SCHERMANN and SARAH J. SCHERMANN, his wife and PAUL A. HENDRIX and MARY F. HENDRIX, his wife; and CITY OF CAPE GIRARDEAU, MISSOURI, a municipal corporation; GRANTORS/GRANTEES (each, individually, a "Party" and collectively, the "Parties") WITNESSETH THAT: WHEREAS, CVC Building Partners, LLC is the successor in interest to Central Hardware Company, a Missouri corporation (later known as Spirit Holding Company, Inc.) and K's Merchandise Mart, Inc., an Illinois corporation, and is the cwner of the real estate described as the "CVC Property" on Exhibit A attached hereto and incorporated hYrein, being the same real estate previously referred to as the "Central Parcel" in one or more of the Existing Agreements (defined herein); and WHEREAS, Sandy McLane Donley and First State Community Bank are the successors in interest to Cape Center Associates, L.P. and Tri -Cape Associates, L.P., and are the owners of the real estate described, respectively, as the "McL-ine Property" and the "FSCB Property" on Exhibit A, a part of which is the same real estate previously referred to as the "Tri -Cape Parcel" in one or more of the Existing Agreements; and 2 WHEREAS, DKR Properties, L.L.C.; Sandy McLane Donley; First State Community Bank; River City Desserts, L.L.C.; GE Capital Franchise Finance Corporation; Regent's Parc, LLC; Dexter Bar- B-Que, Inc.; Cape Regional Credit Union; Timothy L. Kelley and Sandra K. Kelley, Trustees of the Timothy L. Kelley and Sandra K. Kelley Revocable Trust U/T/A dated January 28, 2000; Gibson Recovery Center, Inc.; Fire Rooster, LL.C.; Christina J. Brost and Kyle E. Brost, Trustees of the Christina J. Brost 1997 Revocable Trust Agreement dated November 20, 1997; Strategic Real Estate Partners, L.L.C.; Johnny L. Selby, Trustee of the Johnny L. Selby Amended Revocable Living Trust dated January 4, 1994; Cela, LLC; Cross Trails Medical Center; Johnson Properties; Vermaas & Sons, L.L.C.; Eagle Peak Properties, L.P.; Paul A. Schermann and Sarah J. Schermann, husband and wife, and Paul A. Hendrix and Mary F. Hendrix, husband and wife; and the City of Cape Girardeau, Missouri, are the successors in interest to Cape Center Associates, L.P.; Blattner Brothers Real Estate Company; Cape Centre Development Corp.; Futura Properties Company; and the Ted Krakover Revocable Living Trust; and are the owners, respectively, of the "DKR Property", "McLane Property", "FSCB Property", "My Daddy's Property", "Applebee's Property", "Rust & Martin Property", "Dexter BBQ Property", "Credit Union Property", "Capital )insurance Property", "Gibson Property", "Pro Carwash Property", `Brost Eye Care Property", "Hillin & Clark Property", "Stereo One Property", "Affordable Dentures Property", "Cross Trails Property", "Ultimate Flooring Property", "Social Security Property", "Eagle Peak Property", "King's Row Rear Property" and "Detention Pond Property", all as described on Exhibit A, which properties are, collectively, the same property previously referred to, as the "CCA Parcel" in one or more of the Existing Agreements and, together with the Central Parcel and the Tri -Cape Parcel, comprise the real estate known as the "Center Property" in one or more of the Existing Agreements, all located in the City and County of Cape Girardeau, Missouri; and WHEREAS, the Center Property is subject to and governed by terms, conditions, covenants, restrictions, and easements set out in various instruments executed by the Parties' predecessors in interest, described as follows; 1. Reciprocal Easement and Restriction Agreement dated April 13, 1988, recorded in Book 480 at Page 154 (the "Central REA"), amended by Amendment to Reciprocal Easement and Restriction Agreement dated March 29, 1991, recorded in Book 542 at Page 506 and [Second] Amendment to Reciprocal Easement and Restriction Agreement dated September 8, 1998, recorded in Book 958 at Page 727; and 2. Reciprocal Easement, Maintenance and Restriction Agreement dated November 30, 1989, recorded in Book 509 at Page 914 (the "Tri -Cape REA"), amended by Amendment to Reciprocal Easement, Maintenance and Restriction Agreement dated March 29, 1991, recorded in Book 542 at Page 502; and 3. Adjacent Wall Agreement dated April 13, 1988, recorded in Book 480 at Page 205; and 4. Release and Hold Harmless Agreement dated March 15, 1991, and recorded in Book 537 at Page 513; and Limited Waiver gf'Parking Restrictions dated March 19, 1991, recorded in Book 537 at Page 519; and 6. Consent Decree entered by the Circuit Court of Cape Girardeau, Missouri, in the case of "IC's Merchandise Mart, Inc. v. Jerry F. McLane, d/b/a McLane Investment Co. et al", Case No. CV696-731CC, dated August 5, 1996, filed September 5, 1996, and recorded in Book 840 at Page 234; and , 7. Waiver & Hold Harmless Agreements dated March 26, 2004, recorded as Document Nos 04-06062 04-06063 04-06064 04-06065 04-06066 04-06067 04-06068 04-06069 04- 06070 04-06071 04-06072 and 04-06073; All of said instruments collectively referred to as the "Existing Agreements'; and WHEREAS, the Existing Agreements were made in connection with a development plan for a retail strip to be known as "The Center at Cape Girardeau", which was not developed as originally planned; and WHEREAS, in order to promote the full development of the Center Property for a variety of commercial purposes, the Parties desire to cancel and terminate the Existing Agreements in their entirety and establish new restrictions to apply to the Center Property, NOW, THEREFORE, in consideration of the above recitals and the terms and conditions of this Agreement, and in consideration of the mutual promises, covenants and agreements as set forth herein, and the mutual benefits to be derived therefrom, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. TERMINATION OF EXISTING AGREEMENTS. The Existing Agreements described above, and each and every one of them, are hereby revoked, cancelled and terminated in the entirety, and shall no longer be valid or binding on the Center Property, the Parties, or the Parties' successors in interest. 2. ELIMINATION OF COMMON AREAS, ETC. By terminating the Existing Agreements, the Parties intend to revoke each and every covenant, condition, restriction, and easement contained therein, to eliminate all "Common Areas" within the Center Property, including but not limited to any common parking areas, walkways and private drives or roadways, and eliminate all "Common Area Expenses" related to the Center Property. To the extent applicable, title to any common areas shall revert in fee simple absolute to the Party whose property surrounds or abuts such common area. In the event any common area is situated between two Parties' tracts of property, title to such property shall revert in fee simple absolute equally to the abutting Parties such that each Party will own to the centerline of what was formerly a common area. Each Party shall be responsible for all costs related to that Party's tract of property, including but not limited to costs related to security, insurance of all types, utilities, property maintenance and taxes. By terminating the Existing Agreements, the Parties further intend to eliminate any cross easements for pedestrian and vehicular ingress and egress (including parking), and restricted areas within the Center Property such as, but not limited to, the "Designated Buildable Areas", "Visibility Restricted Area" and "Retail Area". Except as may be provided in a separate agreement (other than the Existing Agreements) between one or more of the Parties, each Party, in such Party's sole discretion, may determine where on that Party's tract of property buildings and other improvements, including parking areas, shall be located without obtaining any approval or consent from the other Parties. 3. EXISTING EASEMENTS; RECORDED PLATS. This Declaration shall terminate only the terms, conditions, covenants, restrictions, and easements set out in the Existing Agreements, and nothing contained herein shall be interpreted as terminating any easements for utilities, sanitary sewers or 1j storm sewers established in any document other than the Existing Agreements, including but not limited to any recorded plat affecting any part of the Center Property. Notwithstanding the foregoing, in the event any recorded plat refers to any common areas or restricted areas such as the "Designated Buildable Line" and "Visibility Restricted Area", such references shall not be binding and shall be disregarded as if they were not there. 4. OTHER AGREEMENTS. Nothing contained herein shall prohibit any Party from granting another Party an easement across that Party's tract of property for access, ingress and egress, parking or any other purpose, or from entering into an agreement with another Party for any shared use, rights or responsibilities relating to such Parties' tracts of property. Nor shall anything contained herein be construed to revoke or terminate any such presently existing easement or agreement (other than the Existing Agreements), including.but not limited to (i) that certain Street Dedication Agreement entered into with the City of Cape Girardeau and Union Electric Company, dated October 31, 1988, and recorded in Book 496 at Page581; (ii) that certain Permanent Access Easement in favor of the City of Cape Girardeau, dated January 24, 1991, and recorded in Book 534 at Page 205; (iii) that certain Reciprocal Parking Agreement related to the Applebee's Property and the Rust & Martin Property, dated July 23, 1991, and recorded in Book 549 at Page 725; and (iv) that certain Amendment to Dedication (Greenbelt Area) dated January 10, 2011 and recorded as Document No. 2011- (_ a 5. SURFACE WATER DRAINAGE. Each Party grants, creates and declares for the use and benefit of the other Parties a pennanent easement for storm water drainage from natural rainfall over the surface of such Party's portion of the Center Property to. the extent necessary for the proper drainage of the other Party's property through the existing drainage system. No Party shall alter or permit to be altered its respective property in a manner which materially increases the flow of surface water onto an adjacent tract of property. 6. RESTRICTIONS. The Center Property, and each and every lot, tract and parcel located therein, shall be subject to the covenants, conditions and restrictions set out below, except where specific exceptions are indicated, and any portion of said Center Property shall be sold, encumbered, leased, occupied, built upon, or otherwise used, improved or transferred in whole or in part, subject to the covenants, conditions, and restrictions set out below, which shall run with the land, and shall be binding upon the Parties and all parties having any right, title or interest in any of said Center Property, their heirs, successors and assigns, and shall inure to the benefit of the Parties and their successors in interest: 6.1 Compliance with Ordinances and Record Plats. Any development on the Center Property shall comply with the provisions of any and all Zoning Ordinances of the City of Cape Girardeau, as amended from time to time, including any plans and regulations promulgated thereunder, and the provisions contained in any recorded plat affecting any portion of the Center Property, including but not limited to those governing setbacks, height of buildings and other improvements, and storm water drainage, but expressly excluding any provision or reference to any common areas or restricted areas established in the Existing Agreements terminated by this Declaration. 6.2 Parking. No on -street parking shall be permitted on any part of the Center Property. Off-street parking shall be provided in accordance with the Zoning Ordinances and Parking Regulations of the City of Cape Girardeau, as amended from time to time, and the Americans with Disabilities Act (ADA), as amended from time to time. 6.3 Signa.. No signs shall be located on any part of the Center Property except: (i) signs advertising businesses conducted thereon; (ii) signs required by governmental regulation and appropriate traffic directional signs; and (iii) signs advertising the property for sale or lease. Except for signs advertising the property for sale or lease, no temporary or portable signs shall be permitted at any time in or on the Center Property. Any and all signs, including both freestanding signs (whether monument or pole -type) and signs placed on any building, shall comply with Ordinances and Regulations established by the City of Cape Girardeau, as amended from time to time. Each Party shall be responsible for any and all expenses related to the construction, erection, maintenance and operation of signs located on that Party's individual tract. 6.4 General Maintenance and Landscaping. Each Party shall be responsible for the maintenance of all land, buildings and other improvements located on that Party's tract of Center Property, and all Parties shall keep and maintain their individual tract and all improvements thereon in a neat, clean, attractive and orderly fashion, in accordance with the following general standards; 6.4.1 All parking areas, drives and sidewalks must be paved and maintained in a level, smooth and evenly covered condition with an impervious surface of concrete, asphalt, or material of equal quality, use and durability. Such areas must be kept in a clean and orderly condition, and free of snow and ice. 6.4.2 All land areas located between any building and property line, including street rights-of-way, not used for drives, walks or parking areas, must be attractively landscaped so as to present a reasonably attractive appearance at all tunes. Weeds and undergrowth must be kept mowed to a height of not more than twelve (12) inches on all other unimproved land areas. 6.4.3 No trash, garbage, debris or litter shall be thrown, placed, dumped, maintained or allowed on any part of the Center Property, except in dumpsters or sanitary containers located in appropriate areas concealed from public view. 6.4.4 Exterior surfaces of buildings and other improvements must be kept and maintained in first class condition and repair at all times. 6.5 No Nuisances. No noxious, illegal or offensive activity shall be carried out on any portion of the Center Property, nor shall anything be done thereon that may be or become a nuisance or annoyance. 6.6 Use Restrictions. No part of the Property located west of Broadview Street shall be devoted to or used for the following; (i) Any business whose primary source of revenue is the manufacture, transfer, sale, or provision of alcohol, liquor or spirits. This includes, but is not limited to, bars and taverns. (ii) Any business that provides, sells or transfers the following services or products; Tattoos Body Piercings Pornographic material Off-track betting Drug Paraphernalia Medical Marijuana or related service and products 0 (iii) Strip clubs, gentlemen's clubs or any business that allows its employees, agents, invitees or guests to expose their breasts or genitalia for the gratification or entertainment of others. (iv) Any salvage or junk business. The use restrictions set forth in this Section 6.6 shall apply only to that part of the Properly located west of Broadview Street, and shall not apply to that part of the Property located east of Broadview Street. 7. BINDING EFFECT; TERM. This Declaration and the covenants and restrictions contained herein shall take effect immediately upon being filed in the Office of the Recorder of Deeds of Cape Girardeau County, Missouri, and shall be covenants running with the land, and each and all grantees in accepting conveyances of any part of the Center Property shall bind themselves, their heirs, assigns, successors or legal representatives in the observance and performance of the covenants and restrictions herein set forth, for a period of twenty-five (25) years from the date this Declaration is recorded, unless amended prior to such time in the manner set forth herein, after which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended in the manner set forth herein. 8. AMENDMENT. This Declaration may be amended from time to time by the existing owners of at least 75% of the total acreage of the Center Property. Any such amendment shall be effective upon the recording of an instrument signed by the owners of at least 75% of the total acreage of the Center Property in the office of the Recorder of Deeds of Cape Girardeau County, Missouri. No amendment shall be deemed to have retroactive effect. 9. SEVERABILITY. Each and every provision, covenant, and restriction contained in this Declaration shall be considered to be an independent and separate covenant and agreement, and in the event any one of such provisions shall for any reason be held to be invalid or unenforceable by judgment or court order, all other provisions shall nevertheless remain in full force and effect. 10. ENFORCEMENT. The owner of any portion of the Center Property shall have the right to enforce, by any proceeding at law or in equity to restrain violation or recover damages, all covenants and restrictions now or hereafter imposed by the provisions of this Declaration. If any such action shall be successfully brought, the party bringing the action shall also be entitled to recover its costs, including a reasonable attorney's fee, from the party violating or attempting to violate any of the provisions of this Declaration. Failure by any party to enforce any covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so at a later date. 11. AUTHORITY. Each individual signing this Declaration on behalf of a Party represents and warrants that he/she has all requisite power and authority to execute this instrument on behalf of such Party, and that the execution of this instrument has been duly authorized by all necessary corporate action, or by the Party's operating agreement or partnership agreement, as the case may be, and constitutes a valid and binding obligation on each Party, enforceable against such Party in accordance with its terms. 12. LIEN HOLDER CONSENTS. The holders of all deeds of trust encumbering any part of the Center :Property have subordinated their liens pursuant Lien Holder Consents, attached hereto as Exhibits B -N, attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the undersigned :Parties, being the owners of 100% of the total acreage of tho, Center Property, have caused this instrum,:+nt to be executed effective as of the date signed by the last party to sign below. Signatures follow on next page CVC BUILDING PARTNERS, LLC By: 9z4f Billy R. F, Hammond, Managing Member STATE OF MISSOURI SS. COUNTY OF CAPE GIRARDEAU On this � Elk day of e('Ap 12 -0 -fes' , 2010 before me personally appeared Billy A. F. Hammond, to me personally known, who being duly sworn did say that he is a managing member of CVC BUILDING PARTNERS, LLC, a Missouri limited liability company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �a�PRYpU qo iL rANNA BALDWIN My Commission Expires Notary Public NOTARY , "= October 3, 2013 SEAL i �..,, Cape Girardeau County ` , vommission #09401378 6'FmM15 p" DKR PROPERTIES, L.L.C. By:r G. Keith Deimund, Trustee of the G. Keith Deimund Trust U/T/A dated Sept. 3, 1979, Managing Member STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU -11 On this - day of /�sEM Q � , 2010 before me personally appeared G. Keith Deimund, Trustee of the G. Keith Deimund Trust U/T/A dated September 3, 1979, to me personally known, who being duly sworn did say that he is a managing member of DKR Properties, L.L.C., a Missouri Limited Liability Company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. �\11111111111�� IN TESTIMOI,*°����I have hereunto set my hand and affixed my official seal the day and year first above v�ttrt �M oiy'•.�'F'; e y s o NOTARY SEAL �. *= Notary Public \ s STATE �� ea° 8 �E��611111111111\�� DAVID DONLEY STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU ) I j On this �� day of J In L ,�i938,—before me personally appeared Sandy McLane Donley, f/li/a/ Sandy S. McLane, individua ly, and David Donley, her husband, known to me to be the persons who executed the foregoing instrument and acknowledged to me that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereu and year first above written. LAURA R. WHITWORTH Notary Public Notary Pu Notary Seal STATE OF MISSOURI Commission # 10879259 My Commission Expires 5/2/2014 hand and affixed my official seal the day SIGNATURE PAGE TO DECLARATION OF RESTRICTIVE COVENANTS FIRST STATE COMMUNITY BANK By: Henry . T lyfield, J anch P• sident STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this I i day of /A 2010, before me personally appeared Henry J. Holyfield, Jr., to me personally k own, who being duly sworn did say that he is the Cape Girardeau Branch President of First State Community Bank, a Missouri banking corporation, and that the foregoing instrument was signed in behalf of said banking corporation by authority of its Board of Directors, and the said _Henry J. Holyfield, Jr. acknowledged said instrument to be the free act and deed of said banking corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NotaryPubli �pFrY PVA'., KELLY A. OWENE �•' G My Commission Expires * NOJARY August 8, 2012 SEAutL�x Cape Girardeau County 00111600n 40@498074 Ito] RIVER CITY DESSERTS, L.L.C. Kevin Stanfield, Ma Qer Member STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU ) On this ^ day ofy�'i b? r , 2010 before me personally appeared Kevin Stanfield, to me personally known, who being duly sworn did say that he is Manager Member of River City Desserts, L.L.C., a Missouri Limited Liability Company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the sarne as the free act and deed of said limited liability company, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written, pI a Notary Public TARA CANNER Notary Public -Notary Seal State of Missouri, Scott County Commission # 08561598 My Commission Expires Aug 25, 2012 11 GE CAPITAL FRANCHISE FINANCE CORPORATION By Printe e: Carol Craft Martin Title: Authorized" Signatory STATE OF ✓�/ ) ss. COUNTY OF On this 6 `day of 2010, before me personally appearedfd Carolyn Craft Martin to me personally known, who being duly sworn did say that he/she is the��w S f 6AIAI1 &V of GE Capital Franchise Finance Corporation, a Delaware corporation, and that the foregoing instrument was signed in behalf of said corporation by authority of its Board of Directors, and the said t'' rz a S 6�� � acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set ind and affixed my -official seal the day and year first above written. IN t Pub is 12 REGENT'S PARC, LLC By: aures D. Maurer, Manager STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU ) 'cc Doll On this 3tQ- day of —Tuvi iP— , n4-0, before me personally appeared James D. Maurer, to me personally known, who being duly sworn did say that he is the Manager of Regent's Pare, LLC, a Missouri Limited Liability Company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written.- Notary lic M GILMORE - NOTARY SEALMISSOURIPE GIRARDEAUN * 10432714Ex (res; 71512014 13 DEXTER BAR-B-QUE, S. Bruce Vancil STATE OF MISSOURI pl ) ,�, d j a ) ss. COUNTY OF -GA ) On this _) c'14 day of �� , 2010, before me personally appeared S. Bruce Vancil, to me personally known, who being duly sworn did say that he is President of Dexter Bar-B-Que, Inc., a Missouri corporation, and that the said instrument was signed in behalf of said corporation by authority of its Board of Directors, and the said S. Bruce Vancil acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.] Notary P =-Notaryary Publicl, State ofdard County#00487851xpires 5/16/2013 14 CAPE REGIO, A CREDIT U N By:�.--- Jam O. Cauble, Pr dent STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU On this _�� day of 2010, before me personally appeared James O. Cauble, to me personally known, who being duly sworn did say that he is the President of Cape Regional Credit Union, a Missouri credit union, and that the said instrument was signed in behalf of said credit union by authority of its Board of Directors, and the said James O. Cauble acknowledged said instrument to be the free act and deed of said credit union. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. r� Nota y Public � Y P41, RACHEL M. PENNY =o.• G�, * :NOTARY'; :-I-- My Commission Expires September 19, 2011 ,' . SEAL, S Cape Girardeau County Commission#07268994 15 TIMOTHY L. KELLEY AND SANDRA K. KELLEY REVOCABLE TRUST DATED JANUARY 28, 2000 Sandra K. Kelley, Trustee STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU On this _ 10 6 day of J(��, A 'Ce 2010, before me personally appeared Timothy L. Kelley and Sandra K. Kelley, Trustees of the Timothy L. Kelley and Sandra K. Kelley Revocable Trust dated January 28, 2000, to me known to be the persons described in and who executed the foregoing instrument and who acknowledged to me that they executed the same as their free act and deed as trustees. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. n A I. TARA R. FISCHER Notary Pul lic Notary Public - Notary Seal STATE OF MISSOURI Cape Girardeau County My Commission Expires: July 21, 2014 Commission #10430904 In GIBSON RECQXFRY CENTER, INC By; 5/ohn 0aiy, Executive Direct STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU ) On this ( day of�40'1i'&."2010, before me personally appeared John Gary, to me personally known, who being 6uly sworn did say that he is the Executive Director of Gibson Recovery Center, Inc., a Missouri nonprofit corporation, and that the said instrument was signed in behalf of said corporation by authority of its Board of Directors, and the said John Gary acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. n f ary Public � KIMBERLY A. HUMPHREY F ', s ` ` Notary Public - Notary Seal State of Missouri Commissioned for Cape Girardeau County a� My Commission Expires; November 29, 2012 Commission Number. 08535706 17 FIRE ROOSTER, L.L.C. r - By: avid W. euerh n, Manager STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU j) On this day of 7 2010 before me personally appeared David W. Feuerhahn, to me personally kno n, who being duly sworn did say that he is the Manager of Fire Rooster, L.L.C., a Missouri Limited Liability Company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I haveere o set my hand and affixed my official seal the day and year first above written. Nota Public 18 t)EBO SAH L. BESS ;. MyCornmiFrionExpires Aqust 16, 2012 u � • SEAL . (;ape, Grardeau County ccrliw�i;�51©n;f06546F0 18 THE CHRISTINA J. BROST 1997 REVOCABLE TRUST AGREEMENT DATED NOVEMBER 20, 1997 By: Vim, Q Christina J. Brost, STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU Kyle On this IT.) day of 2010, before me personally appeared Christina J. Brost and Kyle E. Brost, Trustees of the Christina J. Brost 1997 Revocable Trust Agreement dated November 20, 1997, to me known to be the persons described in and who executed the foregoing instrument and who acknowledged to me that they executed the same as their free act and deed as trustees. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written, f lflf/ 07A�Y =u . DLMOF IiAf t4Nt.:� Notary Public / Cornnifssion Expires x. SEFlL . u p'5�`4'4poGirardoauCounty AuRst 18 x''012 L,tnTmirarion #08524 660 ic, STRATEGIC REAL ESTATE PARTNERS, LLC By: James M. Hillin, Trustee of the James . Hi(lin Revocable Trust, Member STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of0 before me personally appeared James M. Hillin, Trustee of the James M. Hillin R vocable Trust, to me personally known, who being duly sworn did say that he is a member of Strategic Real Estate Partners, LLC, a Missouri Limited Liability Company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Notary Pub r BETTY ABERNATHY Notary Public -Notary Seal State of Missouri Commissioned for Cape Girardeau County My Commission Expires: January 21 2011 Commission, Number: 073916 3 20 THE JOHNNY L. SELBY LIVING TRUST DAT STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU ) NDED REVOCABLE ARY 4, 1994 , Trustee On this day of C"�1-'�n ,2010, before me personally appeared Johnny L. Selby, Trustee of the Johnny L. Selby Amended Revocable Living Trust dated January 4, 1994, to me known to be the person described in and who executed the foregoing instrument and who acknowledged to me that he executed the same as his free act and deed as trustee. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. Notary Pu lie d%-�� - 21 `'" " `0`'' ;��pRY,FU�'�, KELLY A.OWENS NOTARY': My Commission Expires August 8, 2012 Cape Girardeau County Commiaaion #08488074 CELA, LLC By: oeffrey (t,anager STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU On this lk day of 2010 before me personally appeared Jeffrey Umfleet, to me personally known, who being duly sworn did say that he is the Manager of Cela, LLC, a Nevada Limited Liability Company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. `p - Notary Public 'pR� 'U, MMELLE L. HENG81 ;2�• ;NOTARY G01 My Commission Expires. * : * = SEAL,.: January 10, 2014 Cape Girardeau County qF �� Commission #1042742% 22 CROSS TRAILS MEDICAL CENTER By: W-0 Printed Name: Mona Wells Title: CEO. STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU ) On this 0 p day of 2010, before me personally appeared %���z�. to me personally known, who being duly sworn did say that he/she is the of Cross Trails Medical Center, a Missouri nonprofit corporation, and that the said instrument was signed in behalf of said corporation by authority of its Board of Directors, and he/she further acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public `° NOTARY tis. PUBLIC o NOTARY: SEAL COMMISSION o;• .� �,#06980610 e. 0//III fill 0 23 JOHNSON P TIES By: L- Darrin A. Johnson, Partner By: Rachelle . Johnson. Partner By: I: C STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU Johnson, Partner Tina J6hn,,;efn! Partner ohnson, Partner On this _'E day of 2010 before me personally appeared Darrin A. Johnson, Rachelle R. Johnson, Jeffrey Johnson, Tina Johnson, and Jeremy Johnson, to me personally known, who being duly sworn did say that they are the partners of Johnson Properties, a General Partnership, and that as such, they have authority to execute the foregoing instrument on behalf of said partnership, and acknowledged that they executed the same as the free act and deed of said partnership. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. TARA R. FISCHER Notary Public - Notary Seal STATE OF MISSOURI Cape Girardeau County My Commission Expires: July 21, 2014 Commission #10430904 0V �--�1a 0 (:� kt'j Nota ublic 24 VERMAAS & SOWS, L.L.C. STATE OF NEBRASKA ss. COUNTY OF C,ANCASTER Gary M. VerMaas, Authorized Member On this-_-�day of __c��Nvho . 2010 before me personally appeared Gary M. VerMaas, to me personally known, eing duly sworn did say that he is an Authorized Member of VerMaas & Sons, L.L,C., a Nebraska Limited Liability Company, and that as such, he has authority to execute the foregoing instrument on behalf' of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public GENUX NOTARY • State of Nebraska IIG STEVE WALCH My Comm. Exp, June 26, 2011 25 VERMAAS & SONS, L.L.C. By: ohn D.VerMaas, Mai ging Member STATE OF NEBRASKA ss. COUNTY OF LANCASTER On this _-_� day of Ztprt�_ 2010 before me personally appeared John D. VerMaas, to me personally known, who being duly sworn did say that he is the Managing Member of VerMaas & Sons, L.L.C., a Nebraska Limited Liability Company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Not, Public 1jGENERAL NOTARY . State of Nebraska STEVE WALCH My Comm. Exp. June 28, 2011 25,4 EAGLE PEAK PROPERTIES, L.P. By: Rust Management Company, a Missouri corporation, its General, Partner A .� STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU James A. Rust, President On this day of —6Les b ,, , 2010 before me personally appeared James A. Rust, to me personally known, who being duly sworn did say that lie is the President of Rust Management Company, the General Partner of Eagle Peak Properties, L.P., a Missouri limited partnership, and that as such, he has authority to execute the foregoing instrument on behalf of said limited partnership, and acknowledged that he executed the same as the free act and deed of said limited partnership. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public p4e, PATRICIA S. SCHAEFER MY NOTARY * = Commission Expires .•' . SFA. _:a, ' August 9, 2013 Scott County ,FM\���` Commission #09456475 26 Lie STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU PAUL A. SCIAERMANN r SARAH , SCHERMANN PAUL A. HENDRIX MARY FPHENDRIX On this 1 day of 2010, before me personally appeared Paul A. Schermann and Sarah J. Schermann, husband and wife, known to be the persons described in and who executed the foregoing instrument and acknowledged to me that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written..,. My Commission Expires: February 9, 2012 Notary Public Lisa R. �Jeyer ?fir r,/fry 'sem ��?a z { ,�o'`�� 'f. fl ��r'' GSI �,. •�. STATE OF MISSOURI ) ss, COUNTY OF CAPE GIRARDEAU On this day of9e�be_,- , 2010, before me personally appeared Pa'uP'A.`Hendrix and Mary F. Hendrix, husband and wife, known to be the persons described in and who executed the foregoing instrument and acknowledged to me that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Commission Expires: February 9, 2012 __ (-L z ff ahoin Notary P blic Lisa R. teyer qY v V J 1 J��9V f 27 p t t CITY OF CAPE GIRA r AU, MISSOURI By: Scott Meyer, Cit anager STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this JZ 14--e, day of Ucc , 2011, before me personally appeared Scott Meyer, to me personally known, who being dul sworn did say that he is City Manager for the City of Cape Girardeau, a Municipal Corporation of the State of Missouri, and that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and the said Scott Meyer acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public LADONNA LAUB My Commission Expires NOTAiiY * = August 4, 2011 q•. SFAL. '= scotlCounty Commission #07462254 ..tea . . Ys CITY OF CAPE GIRA r AU, MISSOURI By: Scott Meyer, Cit anager STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this JZ 14--e, day of Ucc , 2011, before me personally appeared Scott Meyer, to me personally known, who being dul sworn did say that he is City Manager for the City of Cape Girardeau, a Municipal Corporation of the State of Missouri, and that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and the said Scott Meyer acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public 28 LADONNA LAUB My Commission Expires NOTAiiY * = August 4, 2011 q•. SFAL. '= scotlCounty Commission #07462254 28 EXHIBIT A To Declaration of Restrictive Covenants "Center Property" Tract 1, "CVC Property" (Owner: CVC Building Partners, LLC) Lot 4 of a Resubdivision of Lot 4 of a Subdivision of Lot 3 of Westborough Subdivision, City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 15 at Page 69, land records of Cape Girardeau County, Missouri. ALSO, a part of Lot No. 1 of Westborough Subdivision as shown by Plat recorded in Plat Book 14 at page 82, land records of Cape Girardeau County, Missouri, described as follows: A part of Lot No. 1 of Rodney 400 Arpen Tract lying in United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at the intersection of the West line of Lot No. 1 of the Rodney 400 Arpen Tract and the South right of way line of Missouri State Route K at centerline station 326 + 23.24; thence along the West line of Lot No. 1 of the Rodney 400 Arpen Tract the following courses and distances: South 05° 05' 57" East, 1933.38 feet, thence South 29° 08' 06" East, 524.21 feet to the Point of Beginning; thence leaving said West line North 51° 09' 03" East, 637.26 feet to the beginning of a non -tangent curve concave to the Northeast having a radius of 1030.00 feet and a central angle of I P 14' 18" from which point a radial line bears North 67° 56' 20" East; thence in a southeasterly direction 202.03 feet to the beginning of a compound curve concave to the Northeast having a radius of 167.49 feet and a central angle of 10° 09' 08'; thence in Southeasterly direction along said. curve 29.68 feet; thence South 43° 27' 05" East 39.40 feet to the Northeasterly corner of Lot 4 of a Resubdivision of Lot 4 of a Resubdivision of Lot 3 of Westborough Subdivision; thence South 46° 17' 47" West along and with the Northerly line of said Resubdivision of Lot 4 of a Resubdivision of Lot 3 of Westborough Subdivision 187.82 feet; thence along and with said line South 51° 09' 03" West, 462.35 feet to the West line of Lot 1 of the Rodney 400 Arpen Tract; thence North 29° 08' 06" West, 287 feet more or less, to the Point of Beginning, containing 4.08 acres, more or less. EXCEPT from the above a tract conveyed to the City of Cape Girardeau by General Warranty Deed dated June .16, 1999 and recorded September 22, 1999 in Book 1026 at Page 949, land records of Cape Girardeau County, Missouri. Tract 2, "DKR Property" (Owner: DKR Properties, L.L.C.) `IDKR West": Part of Lot 1 of Westborough Subdivision, in the City and County of Cape Girardeau, Missouri, as recorded in Plat Book 14, Page 82, being more particularly described as follows: Commence at the Southwest Corner of Lot 3 of Westborough Subdivision, as recorded in Plat Book 14, Page 82 in the land records of said Cape Girardeau County; thence with the west line of said subdivision, North 28°42'39" West, 685.96 feet to the Point of Beginning; thence continue North 28°42'39" West, 322.95 feet; thence North 04°40'30" West, 915.51 feet; thence leaving said West line, North 85°26'12" East, 357.47 feet; thence North 04°41'04" West, 51.80 feet; thence North 85°18'56" East, 508.74 feet, to a point on the Westline of Broadview Street; thence with said right of way line, along the are of a non - tangent curve being concave to the West, having a radius of 787.00 feet, a distance of 137.38 feet (the chord of said arc bears South 05°45'18" West, 137.21 feet); thence South 10°45'21" West, 396.13 feet; thence along the are of a curve to the left, having a radius of 1030.00 feet, a distance of 366.69 feet; thence leaving said West line, South 51°34'30" West, 686.91 feet, to the Point of Beginning and containing 18.26 ,acres, more or less, as shown on survey by Koehler Professional Engineers & Land Surveyors, August, 2010 (Project No. 33838). ALSO, Part of Lot 1 of Westborough Subdivision, in the City and County of Cape Girardeau, Missouri, as reconjed in Plat Book 14, Page 82, being more particularly described as follows: Commence at the Southwest Corner of Lot 3 of Westborough Subdivision, as recorded in Plat Book 14, Page 82 in the land records of said Cape Girardeau County; thence with the West line of said subdivision, 29 North 28142'39" West, 484.50 feet, to the Point of Beginning; thence continue North 28°42'39" West, 201.46 feet; thence leaving said West line, North 51°34'30" East, 686.91 feet, to a point on the West right of way line of Broadview Street; thence with the arc of a non-tangent curve being concave to the Northeast, having a radius of 1030.00 feet, a distance of 215.76 feet (the chord of said arc bears South 15°38'34" East, 215.37 feet); thence leaving said right of way line, South 51°34'30" West, 637.50 feet, to the Point of Beginning and containing 3.00 acres, more or less, as shown on survey by Koehler Professional Engineers & Land Surveyors, August, 2010 (Project No. 33838). The above described DKR West now, at the time of recording, more accurately described as: All of Lots 1, 2 and 3 of Broadview Estates, a subdivision located in the City of Cape Girardeau, Missouri as shown by plat recorded as Document No. 2011-06896 in the land records of Cape Girardeau County, Missouri. "DKR East": All of Lot Numbered Two (2) of DKR 8rh Subdivision, in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 21 at Page 9, land records of Cape Girardeau County, Missouri, Tract 3, "McLane Property" (Owner: Sandy McLane Donley) Lot Two (2) of McLane Outlot No. 1 in the City of Cape Girardeau as shown by plat thereof recorded in Plat Book 22, Page 13 in the land records of Cape Girardeau County, Missouri. ALSO, Lot Two (2) of McLane Outlot No. 2 in the City of Cape Girardeau as shown by plat thereof recorded in Plat Book 19, Page 46 in the land records of Cape Girardeau County, Missouri. Tract 4, "FSCB Property" (Owner: First State Community Bank) Lot One (1) of McLane Outlot No. 1 in the City of Cape Girardeau as shown by plat thereof recorded in Plat Book 22, Page 13 in the land records of Cape Girardeau County, Missouri. ALSO an easement 30 feet wide for ingress and egress over part of Lot 2 of McLane Outlot No. 1 as shown on the plat of McLane Outlot No. 1. Tract 5, "My Daddy's Property" (Owner: River City Desserts, L.L.C.) Lot One (1) of McLane Outlot No. 2 in the City and County of Cape Girardeau, Missouri, as shown by plat filed in Plat Book 19 at Page 46. Tract 6, "Applebee's Property" (Owner: GE Capital Franchise Finance Corporation) All of Lot One (1) of Mid City Business Centre, a subdivision in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 16 at Page 66. Tract 7, "Rust & Martin Property" (Owner: Regent's Parc, LLC) All of Lot Numbered Two (2) of Mid City Business Centre, a subdivision in the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 16 at Page 66, land records of Cape Girardeau County, Missouri. Tract 8, "Dexter BBQ Property" (Owner: Dexter Bar-B-Que, Inc.) All of Lots Numbered Three (3) and Four (4) of Mid City Business Centre Second Subdivision as shown by Plat recorded in Plat Book 20 at Page 73 of the Land Records of Cape Girardeau County, Missouri. Tract 9, "Credit Union Property" (Owner: Cape Regional Credit Union) All of Lot Numbered One (1) of DKR First Subdivision in the City and County of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 18 at Page 33, land records of Cape Girardeau County, Missouri. 30 Tract 10, "Capital Insurance Property" (Owner: Timothy L. Kelley and Sandra K. Kelley, Trustees of the Timothy L. Kelley and Sandra K. Kelley Revocable Trust U/T/A dated January 28, 2000) All of Lot Numbered One (1) of DKR 2nd Subdivision in the City and County of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 19 at page 11, land records of Cape Girardeau County. ALSO, all that part of Lot Numbered Two (2) of DKR 41h Subdivision in the City and County of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 19 at Page 30, land records of Cape Girardeau County, described as follows: Begin at the Northeast corner of Lot No. 1 of DKR 2nd Subdivision, thence South 79 degrees 39' 20" East, 4.50 feet, thence South 10 degrees 20' 40" West, 130.00 feet, thence North 79 degrees 39' 20" West, 4.50 feet to the Southeast corner of Lot 1 of DKR 2nd Subdivision, thence along the East line of Lot No. 1 of DKR 2nd Subdivision North 10 degrees 20' 40" East, 130.00 feet to the Point of Beginning. Tract 11, "Gibson Property" (Owner: Gibson Recovery Center, Inc.) Lot Numbered One (1) of DKR 3rd Subdivision in the City and County of Cape Girardeau, Missouri, as shown by plat filed in Plat Book 19 at Page 26. ALSO, all that part of Lot Numbered Two (2) of DKR 4t" Subdivision in the City and County of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 19 at Page 30, land records of Cape Girardeau County, described as follows: Begin at the Northeast corner of Lot No. 1 of DKR 3rd Subdivision; thence South 79° 39' 20" East, 4.50 feet; thence South 10° 20'40" West, 130.00 feet; thence North 79° 39' 20" West, 4.50 feet to the Southeast corner of Lot I of DKR 3rd Subdivision; thence along the East line of Lot No. 1 of DKR 3rd Subdivision North 10° 20' 40" East, 130.00 feet to the Point of Beginning. Tract 12, "Pro Carwash Property" (Owner: Fire Rooster, L.L.C.) All of Lot Numbered One (1) of DKR 41h Subdivision in the City and County of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 19 at Page 30, land records of Cape Girardeau County, Missouri. Tract 13, "Brost Eye Care Property" (Owner: Christina J. Brost and Kyle E. Brost, Trustees of the Christina J. Brost 1997 Revocable Trust Agreement dated November 20, 1997) All of Lot Number One (1) of DKR 51h Subdivision in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 19 at Page 66, land records of Cape Girardeau County, Missouri. Tract 14, "Hillin & Clark Property" (Owner: Strategic Real Estate Partners, L.L.C.) All of Lot Number Two (2) of DKR 5th Subdivision in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 19 at Page 66, land records of Cape Girardeau County, Missouri, Tract 15, "Stereo One Property" (Owner: Johnny L. Selby; Trustee of the Johnny L. Selby Amended Revocable Living Trust dated January 4,1994) All of Lot One (1) of DKR 61h Subdivision in the City and County of Cape Girardeau, Missouri as shown by Plat recorded in Plat Book 20 at Page 26, land records of Cape Girardeau County, Missouri. Tract 16, "Affordable Dentures Property" (Owner: Cela, LLC) Lot One (1) of DKR 71h Subdivision in the City and County of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 20 at Page 30. Tract 17, "Cross Trails Property" (Owner: Cross Trails Medical Center) All of Lot Numbered One (1) of DI{R 8th Subdivision, in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 21 at Page 9, land records of Cape Girardeau County, Missouri. 31 Tract 18, "Ultimate Floorin� Property" (Owner: Johnson Properties) Lot No. 1 of DKR 9' Subdivision as recorded in Plat Book 22 at Page 92, of the land records of Cape Girardeau County, Missouri. Tract 19, "Social Security Property" (Owner: VerMaas & Sons, L.L.C.) All of Lot One (1) of DKR 10"' Subdivision in the City of Cape Girardeau as shown by plat recorded in Plat Book 24 at Page 41; land records of Cape Girardeau County, Missouri. Tract 20, "Eagle Peak Property" (Owner: Eagle Peale Properties, L.P.) All of Lot Two (2) of DKR 10 Subdivision in the City of Cape Girardeau as shown by plat recorded in Plat Book 24 at Page 41, land records of Cape Girardeau County, Missouri. Tract 21, "King's Row Rear Property" (Owner: Paul A. Schermann and Sarah J. Schermann, H/W (1/2) and Paul A. Hendrix and Mary F. Hendrix, H/W (1/2)) That part of Lot No. 1 of Westborough Subdivision in the City and County of Cape Girardeau, the State of Missouri, as shown in Plat Book 14 at Page 82 of the land records of said county, described as follows: Begin at the Northwest corner of Lot No. 2 of said subdivision; thence South 790 21' 13" East with the South line of Cape Centre Drive, 200.00 feet; thence North 10° 38'47" East, 32.23 feet; thence North 37° 47' 47" East, 19.97 feet, to a point on the North line of said Cape Centre Drive, the Place of Beginning; thence North 79° 21' 13" West, 89.90 feet; thence North 10° 38' 47" East, 85.77 feet; thence North 26° 59' 25" West, 64.08 feet; thence North 40° 12' 49" West, 6.31 feet; thence North 55° 05' 51" East, 32.40 feet; thence South 26° 46' 11" East, 192.28 feet; thence South 37° 47' 47" West, 12.26 feet, to the Place of Beginning and containing 0.20 acres, more or less. Subject to any easements of record. (Legal description from survey by Koehler Professional Engineers & Land Surveyors dated October 15, 1998 and recorded in the land records of Cape Girardeau County, Missouri.) Tract 22, "Detention Pond Property" (Owner: City of Cape Girardeau) That part of Lot No. 1 of Westborough Subdivision, in the City and County of Cape Girardeau, the State of Missouri, more particularly described as follows: Commence at the northwest corner of Lot No. 2 of Westborough Subdivision, said point being on the south right of way line of Cape Centre Drive; thence along said south right of way line, South 79021'13" East, 200.00 feet; thence leaving said south right of way line, North 10°38'47" East, 32.23 feet; thence North 37°47'47" East, 19.97 feet, to the north right of way line of said Cape Centre Drive; thence along said north right of way line, North 79'21'13" West, 89.90 feet, to the Point of Beginning; thence continue North 79°21'13" West, 538.44 feet; thence leaving said north right of way line of Cape Centre Drive, North 09°41'48" East, 266.03 feet; thence South 26°52'57" East, 118.95 feet; thence South 46°07'55" East, 80.01 feet; thence South 59°23'12" East, 190.39 feet; thence South 89°19'05" East, 100.00 feet; thence North 82°33'06" East, 35.36 feet; thence North 55°05'55" East, 69.15 feet; thence South 40°12'49" East, 6.25 feet; thence South 26°59'25" East, 64.08 feet; thence South 10°38'47" West, 85.77 feet, to the Point of Beginning and containing 1.44 acres, more or less. Subject to any easements of record. 32 LIEN HOLDER'S CONSENT TO DECLARATION Grantor: Montgomery Bank, NA Branch 98 — Cape Girardeau Commercial One Montgomery Bank Plaza Sikeston, MO 63801 Grantee: CVC Building Partners, L.L.C. 371 S. Broadview Cape Girardeau, MO 63703 Ref. Deeds: Document Nos. 2009-07285, 2010-06268 and 2010-07403 This Lien Holder's Consent is made and entered into this 13th day of , 2011 by Montgomery Bank, NA ("Lien Holder"). WHEREAS, Lien Holder is the present holder of: (i.) a Note in the original principal amount of $7,200,000.00, secured by a Deed of Trust executed by CVC Building Partners, L.L.C., dated June 18, 2009, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2009-07285; and (ii) a Note in the original principal amount of $826,676.60, secured by a Deed of Trust executed by CVC Building Partners, L.L.C., dated July 7, 2010, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2010-07403; and (iii) a UCC Financing Statement given by CVC Building Partners, L.L.C., recorded June 21, 2010 as Document No. 2010-06268; (the above described Notes, collectively, the "Notes") and the above described Deeds of Tryst and UCC Financing Statement, collectively,. the "Security Instruments"). As a result of said Security Instruments, Lien Holder has a lien against the following described property (the "Property"): Lot 4 of a Resubdivision of Lot 4 of a Subdivision of Lot 3 of Westborough Subdivision, City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 15 at Page 69, land records of Cape Girardeau County, Missouri. ALSO, a part of Lot No. 1 of Westborough Subdivision as shown by Plat recorded in Plat Book 14 at page 82, land records of Cape Girardeau County, Missouri, described as follows: A part of Lot No. 1 of Rodney 400 Arpen Tract lying in United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at the intersection of the West line of Lot No. 1 of the Rodney 400 Arpen Tract and the South right of way line of Missouri State Route K at centerline station 326 + 23.24; thence along the West line of Lot No. 1 of the Rodney 400 Alpert Tract the following courses and distances: South 05° 05' 57" East, 1933.38 feet, thence South 29° 08' 06" East, 524.21 feet to the Point of Beginning; thence leaving said West line North 51° 09' 03" East, 637.26 feet to the beginning of a non -tangent curve concave to the Northeast having a radius of 1030.00 feet and a central angle of 11° 14' 18" from which point a radial line bears North 67° 56' 20" East; thence in a southeasterly direction Tract 1, CVC Property (6.22.11) 202.03 feet to the beginning of a compound curve concave to the Northeast having a radius of 167.49 feet and a central angle of 10° 09' 08"; thence in Southeasterly direction along, said curve 29.68 feet; thence South 430 27' 05" East 39.40 feet to the Northeasterly corner of Lot 4 of a Resubdivision of Lot 4 of a Resubdivision of Lot 3 of Westborough Subdivision; thence South 46° 17' 47" West along and with the Northerly line of said Resubdivision of Lot 4 of a Resubdivision of Lot 3 of Westborough Subdivision 187.82 feet; thence along and with said line South 51° 09' 03" West, 462.35 feet to the West line of Lot 1 of the Rodney 400 Arpen Tract; thence North 29° 08' 06" West, 287 feet more or less, td the Point of Beginning, containing 4.08 acres, more or less. EXCEPT from the above a tract conveyed to the City of Cape Girardeau by General Warranty Deed dated June 16, 1999 and recorded September 22, 1999 in Book 1026 at Page 949, land records of Cape Girardeau County, Missouri. WHEREAS; the owner of the Property, together with the owners of the adjacent properties in the same commercial development (the "Center"), has executed a Declaration of Restrictive Covenants (the "New Declaration") which terminates certain previously existing conditions, covenants, restrictions, and easements set out in various instruments more particularly described in the New Declaration, and establishes new covenants, conditions, restrictions and easements as more particularly set forth in the New Declaration, a copy of which has been provided to Lien Holder; and WHEREAS, the owner of the Property has requested Lien Holder to consent to the New Declaration; and WHEREAS, Lien Holder acknowledges and agrees that the termination of certain existing conditions, covenants, restrictions and easements and the creation of new conditions, covenants, restrictions and easements will .aid in the development of the Center, improve the value of the properties located therein, including the Property, which will in turn facilitate repayment of the Notes and, accordingly, Lien Holder agrees to execute this Consent with the understanding that it will be attached to and incorporated within the New Declaration and recorded in the land records of Cape Girardeau County, Missouri. NOW, THEREFORE, in consideration of the above recitals and Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lien Holder hefeby consents and agrees that its rights pursuant to its Security Instruments shall be and are subject to and subordinate to the covenants, conditions, restrictions and easements contained in the New Declaration as if the New Declaration had been recorded prior to the Security Instruments. Lien Holder further consents and agrees that the covenants, conditions, restrictions and easements set forth in the New Declaration shall not be affected by the Security Instruments, and in particular, said covenants, conditions, restrictions and easements shall not be terminated or amended in any way in the event of foreclosure by Lien Holder or any successor to Lien Holder, or in the event that Lien Holder, or any successor, pursues any of its remedies as set forth in the Security Instruments. Provided, however, that by executing this Consent, Lien holder shall not be liable or responsible in any way whatsoever for any monetary payments, obligations or other affirmative duties set forth in the New Declaration, and such obligations shall be the sole responsibility of the owner of the Property. Signature follows on next page Tract 1, CVC Property (6.22, 11) IN WITNESS WHEREOF, Lien Holder has set its hand by its duly authorized representative the day and year first above written. n n h A By. wv r / Printe a e: L Title: STATE OF MISSOURI M COUNTY OF CAPE GIRARDEAU On this �3,-- day of , 2011, before me personally appeared I11 G o) /jll , to me personally known, who being duly sworn did say that he is of Montgomery Bank, NA, and that the said instrument`VP= d}n behalf of said national association by authority of its Board of Directors. And the said `J 1 A acknowledged said instrument to be the free act and deed of said national association. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written Deborah L. Pensel Notary Public - Notary Seal State of Missouri Cape Girardeau County CommissEx i EO'9o�/ 055 �/�d�:� Commission P Tract 1, CVC Property (6.22.11) F "P.11 M, � M�� Notary Public LIEN HOLDER'S CONSENT TO DECLARATION Grantor: Montgomery Bank, NA Branch 98 — Cape Girardeau Commercial One Montgomery Bank Plaza Sikeston, MO 63801 Grantee: Sandy McLane Donley 125 S. Broadview Cape Girardeau, MO 63703 Ref. Deeds: Document No. 2007-16918 This Lien Holder's Consent is made and entered into this Montgomery Bank, NA ("Lien Holder"). I'D rCOP 5 v\day of , 2011 by WHEREAS, Lien Holder is the present holder of a Note in the original principal amount of $200,000.00, secured by a Deed of Truest executed by Sandy McLane Donley dated November 21, 2007, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2007-16918. As a result of said Deed of Trust, Lien Holder has a lien against the following described property (the "Property"): Lot Two (2) of McLane Outlot No. 1 in the City of Cape Girardeau as shown by plat thereof recorded in Plat Book 22, Page 13 in the land records of Cape Girardeau County, Missouri. ALSO, Lot Two (2) of McLane Outlot No. 2 in the City of Cape Girardeau as shown by plat thereof recorded in Plat Book 19, Page 46 in the land records of Cape Girardeau County, Missouri. WHEREAS, the owner of the Property, together with the owners of the adjacent properties in the same commercial development (the "Center"), has executed a Declaration of Restrictive Covenants (the "New Declaration") which terminates certain previously existing conditions, covenants, restrictions, and easements set out in various instruments more particularly described in the New Declaration, and establishes new covenants, conditions, restrictions and easements as more particularly set forth in the New Declaration, a copy of which has been provided to Lien Holder; and WHEREAS, the owner of the Property has requested Lien Holder to consent to the New Declaration; and WHEREAS, Lien Holder acknowledges and agrees that the termination of certain existing conditions, covenants, restrictions and easements and the creation of new conditions, covenants, restrictions and easements will aid in the development of the Center, improve the value of the properties located therein, including the Property, which will in turn facilitate repayment of the Note and, accordingly, Lien Holder agrees to execute this Consent with the understanding that it will be attached to and incorporated within the New Declaration and recorded in the land records of Cape Girardeau County, Missouri, NOW, THEREFORE, in consideration of the above recitals and Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lien Holder hereby consents and agrees that its rights pursuant to its Deed of Trust shall be and are subject to Tract 3, McLane Property (6.22.11) and subordinate to the covenants, conditions, restrictions and easements contained in the New Declaration as if the New Declaration had been recorded prior to the Deed of Trust. Lien Holder further consents and agrees that the covenants, conditions, restrictions and easements set forth in the New Declaration shall not be affected by the Deed of Trust, and in particular, said covenants, conditions, restrictions and easements shall not be terminated or amended in any way in the event of foreclosure by Lien Holder or any successor to Lien Holder, or in the event that Lien Holder, or any successor, pursues any of its remedies as set forth in the Deed of Trust. Provided, however, that by executing this Consent, Lien holder shall not be liable or responsible in any way whatsoever for any monetary payments, obligations or other affirmative duties set forth in the New Declaration, and such obligations shall be the sole responsibility of the owner of the Property. IN WITNESS WHEREOF, Lien Holder has set its hand by its duly authorized representative the day and year first above written. STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU ss. 0 his ay of , 2011, before me personally appeared , to me personally known, who being duly sworn did say that he is l C�e- of Montgomery Bank, NA, and that the said instrument wash' ed in behal�%of said national association by authority of its Board of Directors. And the said (� M !� f� acknowledged said instrument to be the free act and deed of said national association. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and vear first above written Deborah L. Pensel Notary Public - Notary Seal State of Missouri Cape Girardeau County Commission # 09438055 cornmiggion IsPIM-M 01/7 9/2014 Tract 3, McLane Property (6.22.11) Notary Public LIEN HOLDER'S CONSENT TO DECLARATION Grantor: Bank of Advance 105 E. Gabriel Street PO Box 400 Advance, MO 63730-0400 Grantee: River City Desserts, LLC d/b/a My Daddy's Cheesecake 1320 Broadridge Rd Jackson, MO 63755 Ref. Deeds: Document No. 2005-10938, 2006-00149 and 2006-12943 t This Lien Holder's Consent is made and entered into this 3 day of �J-�1�--' , 2011 by Bank of Advance ("Lien Holder"). WHEREAS, Lien Holder is the present holder of: (i) a Note in the original principal amount of $240,000.00, secured by a Deed of Trust executed by River City Desserts, LLC, dated August 1, 2005, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2005-10938; (ii) a Note in the original principal amount of $860,178.00, secured by a Deed of Trust executed by River City Desserts, LLC, dated December 28, 2005, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2006-00149; and (iii) a Note in the original principal amount of $300,000.00, secured by a Deed of Trust executed by River City Desserts, LLC, dated September 8, 2006, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2006-12943; (the above described Notes, collectively, the "Notes") and the above described Deeds of Trust, collectively, the "Deeds of Trust"), As a result of said Deeds of Trust, Lien Holder has a lien against the following described property (the "Property"): Lot One (1) of McLane Outlot No. 2 in the City and County of Cape Girardeau, Missouri, as shown by plat filed in Plat Book 19 at Page 46; and WHEREAS, the owner of the Property, together with the owners of the adjacent properties in the same commercial development (the "Center"), has executed a Declaration of Restrictive Covenants (the "New Declaration") which terminates certain previously existing conditions, covenants, restrictions, and easements set out in various instruments more particularly described in the New Declaration, and establishes new covenants, conditions, restrictions and easements as more particularly set forth in the New Declaration, a copy of which has been provided to Lien Holder; and WHEREAS, the owner of the Property has requested Lien Holder to consent to the New Declaration; and WHEREAS, Lien Holder acknowledges and agrees that the termination of certain existing conditions, covenants, restrictions and easements and the creation of new conditions, covenants, restrictions and easements will aid in the development of the Center, improve the value of the properties located therein, including the Property, which will in turn facilitate repayment of the Notes and, accordingly, Lien Holder agrees to execute this Consent with the understanding that it will be attached to Tract 5, My Daddy's Property (6.24.11) and incorporated within the New Declaration and recorded in the land records of Cape Girardeau County, Missouri. NOW, THEREFORE, in consideration of the above recitals and Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lien Holder hereby consents and agrees that its rights pursuant to its Deeds of Trust shall be and are subject to and subordinate to the covenants, conditions, restrictions and easements contained in the New Declaration as if the New Declaration had been recorded prior to the Deeds of Trust. Lien Holder further consents and agrees that the covenants, conditions, restrictions and easements set forth in the New Declaration shall not be affected by the Deeds of Trust, and in particular, said covenants, conditions, restrictions and easements shall not be terminated or amended in any way in the event of foreclosure by Lien Holder or any successor to Lien Holder, or in the event that Lien Holder, or any successor, pursues any of its remedies as set forth in the Deeds of Trust. Provided, however, that by executing this Consent, Lien holder shall not be liable or responsible in any way whatsoever for any monetary payments, obligations or other affirmative duties set forth in the New Declaration, and such obligations shall be the sole responsibility of the owner of the Property. IN WITNESS WHEREOF, Lien Holder has set its hand by its duly authorized representative the day and year first above written. Bank of Adv e ;� Printed Name:/`L�f7ayalt� Title: l. e-5 , -e:,A4 I STATE OF MISSOURI ) ss. COUNTY OFA• On this 3y /' day of Junes , 2011, before me personally appeared e , to me personally known, who being duly sworn did say that he is eltlrns "'Ve'lf of Bank of Advance, and that the said instrument assigned in behalf of said bank by authority of its Board of Directors. .And the said acknowledged said instrument to be the free act and deed. of said bank. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written r 1 Pu EKATHYBARRY - NOTARY SEALMISSOURISTODDARDN # 09409139xFlr�**s' 10122�1� 12012 Tract 5, My Daddy's Property (6.24.11) LIEN HOLDER'S CONSENT TO DECLARATION Grantor: Banterra Bank Cape Girardeau Office 1610 N. Kingshighway, Suite 102 Cape Girardeau, MO 63701 Grantee: Regents Parc, LLC 1610 N. Kingshighway, Suite 301 Cape Girardeau, MO 63701 Ref. Deeds: Document No. 2010-08667 This Lien Holder's Consent is made and entered into this day of 2011 by Banterra Bank ("Lien Holder"). WHEREAS, Lien Holder is the present holder of a Note in the original principal amount of $1,570,000.00, secured by a Deed of Trust executed by Regents Parc, LLC, dated July 29, 2010, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2010-08667. As a result of said Deed of Trust, Lien Holder has a lien against the following described property (the "Property"): All of Lot Numbered Two (2) of Mid City Business Centre, a subdivision in the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 16 at Page 66, land records of Cape Girardeau County, Missouri. WHEREAS, the owner of the Property, together with the owners of the adjacent properties in the same commercial development (the "Center"), has executed a Declaration of Restrictive Covenants (the "New Declaration") which terminates certain previously existing conditions, covenants, restrictions, and easements set out in various instruments more particularly described in the New Declaration, and establishes new covenants, conditions, restrictions and easements as more particularly set forth in the New Declaration, a copy of which has been provided to Lien Holder; and WHEREAS, the owner of the Property has requested Lien Holder to consent to the New Declaration; and WHEREAS, Lien Holder acknowledges and agrees that the termination of certain existing conditions, covenants, restrictions and easements and the creation of new conditions, covenants, restrictions and easements will aid in the development of the Center, improve the value of the properties located therein, including the Property, which will in turn facilitate repayment of the Note and, accordingly, Lien Holder agrees to execute this Consent with the understanding that it will be attached to and incorporated within the New Declaration and recorded in the land records of Cape Girardeau County, Missouri. NOW, THEREFORE, in consideration of the above recitals and Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lien Holder hereby consents and agrees that its rights pursuant to its Deed of Trust shall be and are subject to and subordinate to the covenants, conditions, restrictions and easements contained in the New Declaration as if the New Declaration had been recorded prior to the Deed of Trust. Lien Holder further consents and agrees that the covenants, conditions, restrictions and easements set forth in the New Declaration shall not Tract 7, Rust & Martin Property (6.29.11) be affected by the Deed of Trust, and in particular, said covenants, conditions, restrictions and easements shall, not be terminated or amended in any way in the event of foreclosure by Lien Holder or any successor to Lien Holder, or in the event that Lien Holder, or any successor, pursues any of its remedies as set forth in the Deed of Trust. Provided, however, that by executing this Consent, Lien holder shall not be liable or responsible in any way whatsoever for any monetary payments, obligations or other affirmative duties set forth in the New Declaration, and such obligations shall be the sole responsibility of the owner of the Property. IN WITNESS WHEREOF, Lien Holder has set its hand by its duly authorized representative the day and year first above written. Banterra Bank By: -601 Printed Name: Title: 1 u ,^ (/r7 w. w. a n,^� it acs wkei^ STATE OF MISSOURI ) ss. COUNTY OF CAPE, QIRARDEAU r--\) On i da of , 2011, before me personally appeared . to me personally known, who being d y sworn di ay 4as t he is of Banterra Bank, and that t . � said ins ent rity of its Board of Directors. And the said said instrument to be the free act and deed of said bank. IN TESTIMONY WHEREOF, I have here to set my hand a d affixed my official seal the day and year first above written / i DEBI BROWN Notary Public Notary Public - Notary Seal State of Missouri Commissioned for Cape Girardeau County My Commission Expires: March 18, 2014 Commission ft06436121 Tract 7, Rust & Martin Property (6.29,11) LIEN HOLDER'S CONSENT TO DECLARATION Grantor: Rust Investment Properties, LLC c/o Craig Billmeyer for Mike Rust PO Box 1300 Cape Girardeau, MO 63702-1300 Grantee: Regents Parc, LLC 1610 N. Kingshighway, Suite 301 Cape Girardeau, MO 63701 Ref. Deeds: Document No. 2010-08945 This Lien Holder's Consent is made and entered into this Rust Investment Properties, LLC ("Lien Holder"). isr, F day of W , 2011 by WHEREAS, Lien Holder is the present holder of a Note in the original principal amount of $280,000.00, secured by a Deed of Trust executed by Regents Parc, LLC, dated August 12, 2010, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2010-08945. As a result of said Deed of Trust, Lien Holder has a lien against the following described property (the "Property"): All of Lot Numbered Two (2) of Mid City Business Centre, a subdivision in the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 16 at Page 66, land records of Cape Girardeau County, Missouri. WHEREAS, the owner of the Property, together with the owners of the adjacent properties in the same commercial development (the "Center"), has executed a Declaration of Restrictive Covenants (the "Never Declaration") which terminates certain previously existing conditions, covenants, restrictions, and easements set out in various instruments more particularly described in the New Declaration, and establishes new covenants, conditions, restrictions and easements as more Particularly set forth in the New Declaration, a copy of which has been provided to Lien Holder; and WHEREAS, the owner of the Property has requested Lien Holder to consent to the New Declaration; and WHEREAS, Lien Holder acknowledges and agrees that the termination of certain existing conditions, covenants, restrictions and easements and the creation of new conditions, covenants, restrictions and easements will aid in the development of the Center, improve the value of the properties located therein, including the Property, which will in turn facilitate repayment of the Note and, accordingly, Lien Holder agrees to execute this Consent with the understanding that it will be attached to and incorporated within the New Declaration and recorded in the land records of Cape Girardeau County, Missouri, NOW, THEREFORE, in consideration of the above recitals and Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lien Holder hereby consents and agrees that its rights pursuant to its Deed of Trust shall be and are subject to and subordinate to the covenants, conditions, restrictions and easements contained in the New Declaration as if the New Declaration had been recorded prior to the Deed of Trust. Lien Holder further consents and agrees that the covenants, conditions, restrictions and easements set forth in the New Declaration shall not Tract 7, Rust & Martin Property (6.29. 11) be affected by the Deed of Trust, and in particular, said covenants, conditions, restrictions and easements shall not be terminated or amended in any way in the event of foreclosure by Lien Holder or any successor to Lien Holder, or in the event that Lien Holder, or any successor, pursues any of its remedies as set forth in the Deed of Trust. Provided, however, that by executing this Consent, Lien holder shall not be liable or responsible in any way whatsoever for any monetary payments, obligations or other affirmative duties set forth in the New Declaration, and such obligations shall be the sole responsibility of the owner of the Property. IN WITNESS WHEREOF, Lien Holder has set rliand iy,its, my authorized representative the day and year first above written, Ty �� STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU LLC Michael D. Rust, Manager On this c't day of c.� , 2011, before me personally appeared Michael D. Rust, to me personally known, who being duly sworn did say that he is the Manager of Rust Investment Properties, LLC, a Missouri limited liability company, that the above instrument was signed in behalf of said limited liability company, and that he executed the salve as the free act and deed of said company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written f n ci - Notary Public AMBER N. SCHL SSSER Notary Public- Notary Seal STATE OF MISSOURI Scott County My Commission 5xpiros: Mar. 16, 2018 00 Tract 4t 11169266 Tract 7, Rust & Martin Property (6.29, 11) LIEN HOLDER'S CONSENT.TO DECLARATION Grantor: First Commercial Bank 303 West Market Street PO Box 574 Dexter, MO 63841 Grantee: Dexter Bar-B-Que, Inc. 902 W. Bain Dexter, MO 63841 Ref. Deeds: Book 1201, Page 34; Document No. 2007-10305 and 2009-14068 This Lien Holder's Consent is made, and entered into this day of 3-4// '2011 by First Commercial Bank ("Lien ]Holder"). WHEREAS, Lien Holder is the present holder of (i) a Note in the original principal amount of $1,700,100.00, secured by a Deed of Trust executed by Dexter Bar-B-Que, Inc., dated March 25, 2002, and recorded in the land records of Cape Girardeau County, Missouri in Book 1201, Page 34; and (ii) a Note in the original principal amount of $140,000.00, secured by a Deed of Trust executed by Dexter Bar-B-Que, I.nc,, dated July 8, 2007, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2007-10305; and (iii) a Note in the original principal amount of $601,853.00, secured by a Deed of Trust executed by Dexter Bar-B-Que, Inc., dated November 20, 2009, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2009-14068; (the above described Notes, collectively, the "Notes") and the above described Deeds of Trust, collectively, the "Deeds of Trust"). As,a result of said Deeds of Trust, Lien Holder has a lien against the following described property (the "Property"): All of Lots Numbered Three (3) and Four (4) of Mid City Business Centre Second Subdivision as shown by Plat recorded in Plat Book 20 at Page 73 of the Land Records of Cape Girardeau County, Missouri; and WHEREAS, the owner of the Property, together with the owners of the adjacent properties in the same commercial development (the "Center"), has executed a Declaration of Restrictive Covenants (the "New Declaration") which terminates certain previously existing conditions, covenants, restrictions, and easements set out in various instruments more particularly described in the New Declaration, and establishes new covenants, conditions, restrictions and easements as more particularly set forth in the New Declaration, a copy of which has been provided to Lien Holder; and WHEREAS, -the owner of the Property has requested Lien Holder to consent to the New Declaration; and WHEREAS, Lien Holder acknowledges and agrees that the termination of certain existing conditions, covenants, restrictions and easements and the creation of new conditions, covenants, Tract 8, Dexter BBQ Property (6.24. ] 1) restrictions and easements will aid in the development of the Center, improve the value of the properties located therein, including the Property, which will in turn facilitate repayment of the Notes and, accordingly, Lien Holder agrees to execute this Consent with the understanding that it will be attached to and incorporated within the New Declaration and recorded in the land records of Cape Girardeau County, Missouri. NOW, THEREFORE, in consideration of the above recitals and Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lien Holder hereby consents and agrees that its rights pursuant to its Deeds of Trust shall be and are subject to and subordinate to the covenants, conditions, restrictions and easements contained_ in the New Declaration as if the New Declaration had been recorded prior to the Deeds of Trust. Lien Holder further consents and agrees that the covenants, conditions, restrictions and easements set forth in the New Declaration shall not be affected by the Deeds of Trust, and in particular, said covenants, conditions, restrictions and easements shall not be terminated or amended in any way in the event of foreclosure by Lien Holder or any successor to Lien Holder, or in the event that Lien Holder, or any successor, pursues any of its remedies as set forth in the Deeds of Trust. Provided, however, that by executing this Consent, Lien holder shall not be liable or responsible in any way whatsoever for any monetary payments, obligations or other affirmative duties set forth in the New Declaration, and such obligations shall be the sole responsibility of the owner of the Property. IN WITNESS WHEREOF, Lien Holder has set its hand by its duly authorized representative the day and year first above written. First Commercial Bank By: Printed Name: - - I Title: �C �v STATE OF MISSOURI } } ss. COUNTY OFr�A�� ) On this day of2011, before me personally appeared k� , to me personally known, who being duly sworn did say that he is /K"" .Ili First Commercial Bank; and that the said instrum w`�s� ed i behalf of said bank by authority of its Board of Directors. And the said f� T acknowledged said instrument to be the free act and deed of said bank. IN TESTIMONY WHEREOF, and year first above written F NE A. ZOLL lic - Notary Seat of Missouriard County n Expires 06-10-2012on # 08574942^ Tract 8, (dexter BBO Property (6.24,11) I have hereunto set my hand and affixed my official seal the day Notary Public LIEN HOLDER'S CONSENT TO DECLARATION Grantor: Capaha Bank PO Box 1429 3168 William Street Cape Girardeau, MO 63703 Grantee: Fire Rooster, L.L.C. #4 Starwood Court Cape Girardeau, MO 63701 Ref. Deeds: Document Nos. 2004-12167, 2004-12883, 2005-07519 and 2010-02242 This Lien Holder's Consent is made and entered into this .18 ,raa day of , 2011 by Capaha Bank ("Lien Holder"). WHEREAS, Lien Holder is the present holder of- (i) £ (i) a Note in the original principal amount of $737,217.00, secured by a Deed of Trust executed by Fire Rooster, L.L.C., dated July 21, 2004, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2004-12167; (ii) a Note in the original principal amount of $513,774.00, secured by a Deed of Trust executed by Fire Rooster, L.L.C., dated August 16, 2004, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2004-12883; (iii) a Note in the original principal amount of $366,587.56, secured by a Deed of Trust executed by Fire Rooster, L.L.C., dated May 18, 2005, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2005-07519; and (iv) a Note in the original principal amount of $134,069.00, secured by a Deed of Trust executed by Fire Rooster, L.L.C., dated March 1, 2010, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2010-02242; (the above described four Notes, collectively, the "Notes") and the above described four Deeds of Trust, collectively, the "Deeds of Trust"). As a result of said Deeds of Trust, Lien Holder has a lien against the following described property (the "Property"): All of Lot Numbered One (1) of DKR 4th Subdivision in the City and County of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 19 at Page 30, land records of Cape Girardeau County, Missouri; and WHEREAS, the owner of the Property, together with the owners of the adjacent properties in the same commercial development (the "Center"), has executed a Declaration of Restrictive Covenants (the "New Declaration") which terminates certain previously existing conditions, covenants, restrictions, and easements set out in various instruments more particularly described in the New Declaration, and establishes new covenants, conditions, restrictions and easements as more particularly set forth in the New Declaration, a copy of which has been provided to Lien Holder; and 'Tract 12, Pro Carwash Property (6.22.11) located therein, including the Property, which will in turn facilitate repayment of the Notes and, accordingly, Lien Holder agrees to execute this Consent with the understanding that it will be attached to. and incorporated within the New Declaration and recorded in the land records of Cape Girardeau County, Missouri, NOW, THEREFORE, in consideration of the above recitals and Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lien Holder hereby consents and agrees that its rights pursuant to its Deeds of Trust shall be and are subject to and subordinate to the covenants, conditions, restrictions and easements contained in the New Declaration as if the New Declaration had been recorded prior to the Deeds of Trust. Lien Holder further consents and agrees that the covenants, conditions, restrictions and easements set forth in the New Declaration shall not be affected by the Deeds of Trust, and in particular, said covenants, conditions, restrictions and easements shall not be terminated or amended in any way in the event of foreclosure by Lien Holder or any successor to Lien Holder, or in the event that Lien Holder, or any successor, pursues any of its remedies as set forth in the Deeds of Trust. Provided, however, that by executing this Consent, Lien holder shall not be liable or responsible in any way whatsoever for any monetary payments, obligations or other affirmative duties set forth in the New Declaration, and such obligations shall be the sole responsibility of the owner of the Property. IN-` -1TNESS WHEREOF, Lien Holder has set its hand by its duly authorized representative the ,. "I. d y6-4, f'r',st'a.bove written. { f' Capaha Bank STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU By. Danny R. Essner, Executive Vice President ss. On this y of �J VVI i, , 2011, before me personally appeared Danny R. Essner, to me personally. known, who being duly sworn did say that he is Executive Vice President of Capaha Sank, and that the said instrument was signed in behalf of said corporation by authority of its Board of Directors. And the said Danny R. Essner acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day anrd vPar first ahnvc. written GAIL A. DAME Notary Public - Notary, Seal State of. Missouri CnrtrIT1laalund for Cape Girardeau County MY oommlaaien ex?lrw November 26 2091 Tract 15, Stereo One Property (6.22.11) r-�% 9,1A Notary Pu is LIEN HOLDER'S CONSENT TO DECLARATION Grantor: The Bank of Missouri'IF�Y Cape Girardeau Branch 1622 N. Kingshighway Cape Girardeau, MO 63701 Grantee: Strategic Real Estate Partners, LLC 364 S. Broadview St. Cape Girardeau, MO 63703 Ref. Deeds: Book 1178, Page 750 and Book 1077, Page 365 This Lien Holder's Consent is made and entered into this /f day of , 2011 by The Bank of Missouri ("Lien IETolder"). (i) a Note in the original principal amount of $49.5,000.00, secured by a Deed of Trust executed by Strategic Real Estate Partners, LLC dated January 11, 2002, and recorded in the land records' of Cape Girardeau County, Missouri in Book 1178, Page 750; and (ii) a Note in the original principal amount of $550,000.00, secured by a Deed* of Trust executed by Roy Dwayne Clark and Cathy Clark, husband and wife, and James M. Hillin, a single person (predecessors in interest to Strategic Real Estate Partners, LLC), dated August 31, 2000, and recorded in the land records of Cape Girardeau County, Missouri in Book 1077, Page 365; (the above described Notes, collectively, the "Notes") and the above described Deeds of Trust, collectively, the "Deeds of Trust"). As a result of said Deeds of Trust, Lien Holder has a lien against the following described property (the "Property"): All of Lot Number Two (2) of DKR 5t'' Subdivision in -the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 14 at Page 66, land records of Cape Girardeau County, Missouri. WHEREAS, the owner of the Property, together with the owners of the adjacent properties in the same commercial development (the "Center"), has executed a Declaration of Restrictive Covenants (the "New )Declaration") which terminates certain previously existing conditions, covenants, restrictions, and easements set out in various instruments more particularly described in the New Declaration, and establishes new covenants, conditions, restrictions and easements as more particularly set forth in the New Declaration, a copy of which has been provided to Lien Holder; and WHEREAS, the owner of the Property has requested Lien Holder to consent to the New Declaration; and WHEREAS, Lien Holder acknowledges and agrees that the termination of certain existing conditions, covenants, restrictions and easements and the creation of new conditions, covenants, restrictions and easements will aid in the development of the Center, improve the value of the properties located therein, including the Property, which will in turn facilitate repayment of the Notes and, accordingly, Lien Holder agrees to execute this Consent with the understanding that it will be attached to and incorporated within the New Declaration and recorded in the land records of Cape Girardeau County, Missouri. Tract 14, Hillin & Clark Prop fly (6.22.11) NOW,. THEREFORE, in consideration of the above recitals and Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lion Holder hereby consents and agrees that its rights pursuant to its Deeds of Trust shall be and are subject to and subordinate to the covenants, conditions, restrictions and easements contained in the New Declaration as if the New Deciardtion had been recorded prior to the Deeds of Trust. Lien Holder further consents and agrees that the covenants, conditions, restrictions and easements set forth in the New Declaration shall not be affected by the Deeds of Trust,.and in particular, said covenants, conditions, restrictions and easements shall not -be 'terminated or amended in any way in the event of foredlosure by Lien Holder or any successor to Lien Holder, or in the event that Lien Holder; or.any successor, .pursues any of its remedies as ' set forth in the Deeds of Trust. Provided, however, that by executing this Consent, Lien holder shall not be liable or responsible in any way whatsoever for any monetary payments, obligations *or other affirmative duties set forth in the New Declaration, and such obligations shall be the sole responsibility of the owner of the Property. IN WITNESS WHEREOF, Lien Holder has set its hand by its duly authorized representative the day and year first above written. The Bank of Missouri By: WIL'"'r Printed Name: Title:_ STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU On this day of , 2011, before me personally appeared �(�tt 6j> to me personally known, who being duly sworn did say that he S Y t'GiQ — ' t1Mdd Lala The Bank of Missouri, and that the aid in trument-vas signed in half of said bank by authority of its Board of Directors. And the said (�OCI tat, Miwk acknowledged said instrument to be the free act and deedof said na k. IN TESTIMONY WHEREOF, I have hereunto set y hand and fixed my official seal the day and year first above written ry Public BETH HAM u Notary Public - Notary Seal STATE OF MISSOURI County of Cape Girardeau Commission # 11421004 My Commission Expires: July 16, 2015 Tract 19, Hillin & Clark Property (6.22;11) LIEN HOLDER'S CONSENT TO DECLARATION Grantor: Capaha Bankr�%� PO Box 1429 3168 William Street Cape Girardeau, MO 63703 Grantee: Johnny L. Selby, Trustee of The Johnny L. Selby Amended Revocable Living Trust dated January 4, 1994 1508 Briarclilff Cape Girardeau, MO 63701 Ref, Deeds: Book 1395, Page 892; Document No. 03-22882 This Lien Holder's Consent is made and entered into this 'Srk day of .�,, ., , 2011 by Capaha Bank ("Lien Holder"), WHEREAS, Lien Holder is the present holder of: (i) a Note in the original principal amount of $950,000.00, secured by a Deed of Trust executed by Johnny L. Selby, Trustee of The Johnny L. Selby Amended Revocable Living Trust dated January 4, 1994, dated August 7, 2003, and. recorded in the land records of Cape Girardeau County, Missouri in Book 1395, Page 892; and (ii) a Note in the original principal amount of $750,510.02, secured by a Deed of Trust executed by Johnny L. Selby, Trustee of The Johnny L. Selby Amended Revocable Living Trust dated January 4, 1994, dated November 18, 2003, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 03-22882; (the above described Notes, collectively, the "Notes") and the above described Deeds of Trust, collectively, the "Deeds of Trust"). As a result of said Deeds of Trust, Lien Holder has a lien against the following described property (the "Property"): All of Lot Numbered One (1) of DKR 6"' Subdivision in the City and County of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 20 at Page 26, land records of Cape Girardeau County, Missouri; and WHEREAS, the owner of the Property, together with the owners of the adjacent properties in the same commercial development (the "Center"), has executed a Declaration of Restrictive Covenants (the "New Declaration") which terminates certain previously existing conditions, covenants, restrictions, and easements set out in various instruments more particularly described in the New Declaration, and establishes new covenants, conditions, restrictions and easements as more particularly set forth in the New Declaration, a copy of which has been provided to Lien Holder; and WHEREAS, the owner of the Property has requested Lien Holder to consent to the New Declaration; and WHEREAS, Lien Holder acknowledges and agrees that the termination of certain existing conditions, covenants, restrictions and easements and the creation of new conditions, covenants, restrictions and easements will aid in the development of the Center, improve the value of the properties Tract 15, Stereo One Property (6.22.11) WHEREAS, the owner of the Property has requested Lien Holder to consent to the New Declaration; and WHEREAS, Lien Holder acknowledges and agrees that the termination of certain existing conditions, covenants, restrictions and easements and the creation of new conditions, covenants, restrictions and easements will aid in the development of the Center, improve the value of the properties located therein, including the Property, which will in turn facilitate repayment of the Notes and, accordingly, Lien Holder agrees to execute this Consent with the understanding that it will be attached to and incorporated within the New Declaration and recorded in the land records of Cape Girardeau County, Missouri. NOW, THEREFORE, in consideration of the above recitals and Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lien Holder hereby consents and agrees that its rights pursuant to its Deeds of Trust shall be and are subject to and subordinate to the covenants, conditions, restrictions and easements contained in the New Declaration as if the New Declaration had been recorded prior to the Deeds of Trust. Lien Holder further consents and agrees that the covenants, conditions, restrictions and easements set forth in the New Declaration shall not be affected by the Deeds of Trust, and in particular, said covenants, conditions, restrictions and easements shall not be terminated or amended in any way in the event of foreclosure by Lien Holder or any successor to Lien Holder, or in the event that Lien Holder, or any successor, pursues any of its remedies as set forth in the Deeds of Trust. Provided, however, that by executing this Consent, Lien holder shall not be liable or responsible in any way whatsoever for any monetary payments, obligations or other affirmative duties set forth in the New Declaration, and such obligations shall be the sole responsibility of the owner of the Property. 5S WHEREOF, Lien Holder has set its hand by its duly authorized representative the r18t, boue written. e ; u� AAA Capaha Bank s'4 Danny R. ssner, Executive Vice President Y.: STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU On this day of � I,44AL- , 2011, before me personally appeared Danny R. Essner, to me personally known, who being duly sworn did say that he is Executive Vice President of Capaha Bank, and that the said instrument was signed in behalf of said corporation by authority of its Board of Directors. And the said Danny R. Essner acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written GAIL A. DAME Notary Public - Notary Seal State of Missouri Notary ublic Commissioned for Cape Girardeau County My Commission EXpTres; November 25, 2011 Corr�ission NumhPr: 07480584 Tract 12, Pro Carwash Property (6.22.11) LIEN HOLDER'S CONSENT TO DECLARATION Grantori The Bank of Missouri''' Cape Girardeau Branch 1622 N. Kingshighway Cape Girardeau; MO 63701 Grantee: CELA, LLC 1711 El Rio Cape Girardeau, MO 63701 Ref. Deeds: Book 1252, Page 370 (Document No. 02-14571) This Lien Holder's Consent is made and entered into this day of ,1 , 2011 by. The Bank of Missouri ("Lien Holder"), � WHEREAS, Lien Holder is the present holder of a Note in the original principal amount of $565,250.00, secured by a Deed of Trust executed by CELA, LLC dated September 30, 2002, and recorded in the land records of Cape Girardeau County, Missouri in Book 1252, Page 370 (Document No. 02-14571). As a result of said Deed of Trust, Lien Holder has a lien against the following described property (the "Property"): Lot One (1) of DKR 76 Subdivision in the City and County of Cape Girardeau, Missouri, as shown by plat recorded in Flat Book 20 at Page 30. WHEREAS, the owner of the Property, together with the owners of the adjacent properties in the same commercial development (the "Center"), has executed a Declaration of Restrictive Covenants (the "New Declaration") which terminates certain previously existing conditions, covenants, restrictions, and easements set out in various instruments more particularly described in the New Declaration, and establishes new covenants, conditions, restrictions and easements as more particularly set forth in the New Declaration, a copy of which has been provided to Lien Holder; and WHEREAS, the owner of the Property has requested Lien Holder to consent to the New Declaration; and WHEREAS, Lien Holder acknowledges and agrees that the termination of certain existing conditions, covenants, restrictions and easements and the creation of new conditions, covenants, restrictions and easements will aid in the development of the Center, improve the value of the properties located therein, including the Property, which will in turn facilitate repayment of the Note and, accordingly, Lien Holder agrees to execute this Consent with the understanding that it will be attached to and incorporated within the New Declaration and recorded in the land records of Cape Girardeau County, Missouri. NOW, THEREFORE, in consideration of the above recitals and Ten Dollars ($10.00) and other good and valuable consideration,, the receipt and sufficiency of which are hereby acknowledged, Lien Holder hereby consents and agrees that its rights pursuant to its Deed of Trust shall be and are subject to and subordinate to the covenants, conditions, restrictions and easements contained in the New Declaration as if the New Declaration had been recorded prior to the Deed of Trust. Lien Holder further consents and agrees that the covenants, conditions, restrictions and easements set forth in the New Declaration shall not be affected by the Deed of Trust, and in particular, said covenants, conditions, restrictions and easements Tract 16, Affordable Dentures Property (6.22,11) shall not be terminated or amended in any way in the event of foreclosure by Lien Holder or any successor to Lien Holder, or in the event that Lien Holder, or any successor, pursues any of its remedies as set forth in the Deed of Trust. Provided, however, that by executing this Consent, Lien hgider shall not be liable or responsible in any way whatsoever• for any monetary payments, obligations or other affirmative duties set forth in the New Declaration, and such obligations shall be the sole responsibility of the owner of the Property. IN WITNESS WHEREOF, Lien Holder has set its hand by its duly authorized representative the day and year first above written. The Bank of Missouri By: / Printed Name: �r . /yt/,y % Title: Aa.S/A&� C/1'~6`/c/.11/�17 STATE OF MISSOURI ss. COUNTY OF CAPE GIR.ARDEAU O this [�X day of , 2011, before me personally appeared ��- carte` � S_ L me personally known, who being duly sworn did say that he is s MU, TMA7 i TUALpof The Bank of Missouri, and that the, said instrument was �ned 'n behalf of said bank by authorit of its Board of Directors. And the said _E 0-66d acknowledged said instrument to be the free act and deed of said Unk. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed y official seal the day and year first above written Notary Public HAM [:Co�mn7mission - Notary Seal MISSOURI pe Girardeau # 11421004 pires: July 16,'2015 Tract 16, Affordable Dentures Property (6,22.11) LIEN HOLDER'S CONSENT TO DECLARATION Grantor: First Security State Bank is jr L 1150 S. Main St. Sikeston, MO 63801 Grantee: Johnson Properties, a general partnership 15 Plantation Drive Sikeston, MO 63801 Ref, Deeds: Document No. 2006-12323 This Lien Holder's Consent is made and entered into this aw— day of Z�j�U , 2011 by First Security State Bank ("Lien Halder"). WHEREAS, Lien Holder is the present holder of a Note in the original principal amount of $1,218,888.84, secured by a Deed of Trust executed by Johnson Properties, a general partnership, dated July 14, 2006, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2006-12323. As a result of said Deed of Trust, Lien Holder has a lien against the following described property (the "Property"): Lot No, 1 of DKR 9`h Subdivision as recorded in Plat Book 22 at Page 92, of the land records of Cape Girardeau County, Missouri. WHEREAS, the owner of the Property, together with the owners of the adjacent properties in the same commercial development (the "Center"), has executed a Declaration of Restrictive Covenants (the "New Declaration") which terminates certain previously existing conditions, covenants, restrictions, and easements set out in various instruments more particularly described in the New Declaration, and establishes new covenants, conditions, restrictions and easements as more particularly set forth in the New Declaration, a copy of which has been provided to Lien Holder; and WHEREAS, the owner of the Property has requested Lien Holder to consent to the New Declaration; and WHEREAS, Lien Holder acknowledges and agrees that the termination of certain existing conditions, covenants, restrictions and easements and the creation of new conditions, covenants, restrictions and easements will aid in the development of the Center, improve the value of the properties located therein, including the Property, which will in turn facilitate repayment of the Note and, accordingly, Lien Holder agrees to execute this Consent with the understanding that it will be attached to and incorporated within the New Declaration and recorded in the land records of Cape Girardeau County, Missouri. NOW, THEREFORE, in consideration of the above r6citals and Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lien Holder hereby consents and agrees that its rights pursuant to its Deed of Trust shall be and are subject to and subordinate to the covenants, conditions, restrictions and easements contained in the New Declaration as if the New Declaration had been recorded prior to the Deed of Trust. Lien Holder further consents and agrees that the covenants, conditions, restrictions and easements set forth in the New Declaration shall not be affected by the Deed of Trust, and in particular, said covenants, conditions, restrictions and easements shall not be terminated or amended in any way in the event of foreclosure by Lien Holder or any Tract 18, Ultimate Flooring Property (6.23,11) successor to Lien Holder, or in the event that Lien Holder, or any successor, pursues any of its remedies as set forth in the Deed of Trust. Provided, however, that by executing this Consent, Lien holder shall not be liable or responsible in any way whatsoever for any monetary payments, obligations or other affirmative duties set forth in the New Declaration, and such obligations shall be the sole responsibility of the owner of the Property. IN WITNESS WHEREOF, Lien Holder has set its hand by its duly authorized representative the day and year first above written. First Secur!# Stat ank By: —Y�� =� Printed Name: Aft 71&re ' Title: V is L Pt id.'i STATE OF MISS%TRI ) COUNTY OF UC�J 4 1 ) h day of , 2011, before me personally appeared to me personally known, who being duly sworn did say that he is IV i Ub 119 S1 J P At of .First Security State Bank, and that the said instrumenti n ed in. behalf of said bank by authority of its Board of Directors. And the said TN -� 1 I LLgat c acknowledged said instrument to be the free act and deed of said bank IN TESTIMONY WHEREON, I have hereunto set my hand and affixed my official seal the day and year first above written Notary Pu i Tract 18, Ultimate Flooring Property (6.23.11) LIEN HOLDER'S CONSENT TO DECLARATION Grantor: Atlanta Postal Credit Union 1605 Boggs Road Entrance No. 1 Duluth, GA 30096 Grantee: VerMaas and Sons, LLC 3820 VerMaas Place Lincoln, NE 68502 Ref. Deeds: Document No. 2011-05095 This Lien Holder's Consent is made and entered into this day of 3sAyNe. , 2011 by Atlanta Postal Credit Union ("Lien Holder"). WHEREAS, Lien Holder is the present holder of a Note in the original principal amount of $1,660,000.00, secured by a Deed of Trust executed by VerMaas and Sons, LLC, dated April 27, 2011, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2011-05095. As a result of said Deed of Trust, Lien Holder has a lien against the following described property (the "Property"): All of Lot One (1) of DKR 10th Subdivision in the City of Cape Girardeau as shown by plat recorded in Plat Book 24 at Page 41, land records of Cape Girardeau County, Missouri. WHEREAS, the owner of the Property, together with the owners of the adjacent properties in the same commercial development (the "Center"), has executed a Declaration of Restrictive Covenants (the "New Declaration") which terminates certain previously existing conditions, covenants; restrictions, and easements set out in various instruments more particularly described in the New Declaration, and establishes new covenants, conditions, restrictions and easements as more particularly set forth in the New Declaration, a copy of which has been provided to Lien Holder; and WHEREAS, the owner of the Property has requested Lien Holder to consent to the New Declaration; and WHEREAS, Lien Holder acknowledges and agrees that the termination of certain existing conditions, covenants, restrictions and easements and the creation of new conditions, covenants, restrictions and easements will aid in the development of the Center, improve the value of the properties located therein, including the Property, which will in turn facilitate repayment of the Note and, accordingly, Lien Holder agrees to execute this Consent with the understanding that it will be attached to and incorporated within the New Declaration and recorded in the land records of Cape Girardeau County, Missouri. NOW, THEREFORE, in consideration of the above recitals and Ten Dollars. ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lien Holder hereby consents and agrees that its rights pursuant to its Deed of Trust shall be and are subject to and subordinate to the covenants, conditions, restrictions and easements contained in the New Declaration as if the New Declaration had been recorded prior to the Deed of Trust. Lien Holder further consents and agrees that the covenants, conditions, restrictions and easements set forth in the New Declaration shall not Tract 19, Social Security Property (6,24.11) be affected by the Deed of Trust, and in particular, said covenants, conditions, restrictions and easements shall not be terminated or amended in any way in the event of foreclosure by Lien Holder or any successor to Lien Holder, or in the event that Lien Holder, or any successor, pursues any of its remedies as set forth in the Deed of Trust. Provided, however, that by executing this Consent, Lien holder shall not be liable or responsible in any way whatsoever for any monetary payments, obligations or other affirmative duties set forth in the New Declaration, and such obligations shall be the sole responsibility of the owner of the Property. IN WITNESS WHEREOF, Lien Holder has set its hand by its duly authorized representative the day and year first above written. Atlanta Postal Credit Union By: Printed Name: pJr tE-' bbX(' Title: \Vjke1'uVV-- STATE OF GEORGIA ) COUNTY OF , Jc.y On this '3c7 day of ' J t-�- f1e, , 2011, before me personally appeared -1 l 0 J p r , to me personally known, who being duly sworn did say that he is r. of .Atlanta Postal Credit Union, a credit union organized. and existing under the laws of the State of Georgia, and that the said instrument was signed in behalf of said credit union by authority of its Board of Directors. And the said c, F' F , C-` r acknowledged said instrument to be the free act and deed of said entity. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written Tract 19, Social Security Property (6.24.11) Notary Public MELANIE DUFF NOTARY PUBLIC , l:;l:1FRSYTH COUNITTY ` ' "1 ATE. OF GEOf IA r fir✓ t li '�;. _t� � Y Tract 19, Social Security Property (6.24.11) LIEN HOLDER'S CONSENT TO DECLARATION Grantor: Montgomery Sank, NA -T Branch 98 — Cape Girardeau Commercial One Montgomery Bank Plaza Sikeston, MO 63801 Grantee: Eagle Peak Properties, L.P. PO Box 872 Cape Girardeau, MO 63702 Ref. Deeds: Document No. 2006-11464 and 2011-05912 1 This Lien Holder's Consent is made and entered into this a day of , 2011 by Montgomery Bank, NA ("Lien Holder"). WHEREAS,_ Lien Holder is the present holder of: (i) a Note in the original principal amount of $250,000.00, secured by a Deed of Trust executed by Eagle Peak Properties, L.P. dated August 15, 2006, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2006-11464; and (ii) a Note in the original principal amount of $25,000.00, secured by a Deed of Trust executed by Eagle Peak Properties, L.P. dated May 19, 2011, and recorded in the land records of Cape Girardeau County, Missouri as Document No. 2011-05912; (the above described Notes, collectively, the "Note") and the above described Deeds of Trust, collectively, the "Deed of Trust"). As a result of said Deeds of Trust, Lien Holder has alien against the following described property (the "Property"): All of Lot Two (2) of DKR 10t"' Subdivision in the City of Cape Girardeau as shown by plat recorded in .flat Book 24 at Page 41, land records of Cape Girardeau County, Missouri. WHEREAS, the owner of the Property, together with the owners of the adjacent properties in the same commercial development (the "Center"), has executed a Declaration of Restrictive Covenants (the "New Declaration") which terminates certain previously existing conditions, covenants, restrictions, and easements set out in various instruments more particularly described in the New Declaration, and establishes new covenants, conditions, restrictions and easements as more particularly set forth in the New Declaration, a copy of which has been provided to Lien Holder; and WHEREAS, the owner of the Property has requested Lien Holder to consent to the New Declaration; and WHEREAS, Lien Holder acknowledges and agrees that the termination of certain existing conditions, covenants, restrictions and easements and the creation of new conditions, covenants, restrictions and easements will aid in the development of the Center, improve the value of the properties located therein, including the Property, which will in turn facilitate repayment of the Note and, accordingly, Lien Holder agrees to execute this Consent with the understanding that it will be attached to and incorporated within the New Declaration and recorded in the land records of Cape Girardeau County, Missouri. NOW, THEREFORE, in consideration, of the above recitals and Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lien Holder hereby consents and agrees that its rights pursuant to its Deed of Trust shall be and are subject to and subordinate to the covenants, conditions, restrictions and easements contained in the New Declaration as if the New Declaration had been recorded prior to the Deed of Trust. Lien Holder further consents and agrees that the covenants, conditions, restrictions and easements set forth in the New Declaration shall not Tract 20, Eagle Peak Property (7.21.11) be affected by the Deed of Trust, and in particular, said covenants, conditions, restrictions and easements shall not be terminated or amended in any way in the event of foreclosure by Lien Holder or any successor to Lien Holder, or in the event that Lien Holder, or any successor, pursues any of its remedies as set forth in the Deed of Trust. Provided, however, that by executing this Consent, Lien holder shall not be liable or responsible in any way whatsoever for any monetary payments, obligations or other affirmativeduties set forth in the New Declaration, and such obligations shall be the sole responsibility of the owner of the Property. IN WITNESS WHEREOF, Lien Holder has set its hand by its duly authorized representative the day and year first above written. Montgomery Bank, NA By: - !�� vz� Printed Name:�9A`V A) ipCG%, `�� Title: " P C /%C7 STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU , _On this h0'of , 2011, before me personally appeared X � ' W ii da , to me personally known, who being duly sworn did say that he is fy C F o of Montgomery Bank, NA, and that the said instrument w= signed ibe „1�'a f of said national association by authority of its Board of Directors. And the said "` acknowledged said instrument to be the free act and deed of said national association. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written Deborah L. Pense) Notary Public - Notary Seal State of Missouri Cape Girardeau County Commission # 094 8055 commission Expires-, 01/29/2014 Tract 20, Eagle Peak Property (7.21.11) Notary Public II II!I II III I II I II II IIihII IV 7` f' SCOTT RCLARK RECORDER or CREEDS CAPE GIRARDEAU COUNTY, MO RECORDED ON 07/26/2011 2:16 PM REC FEE� 39,00 PAGESt 6 AMENDMENT TO DEDICATION (Greenbelt Area) THIS AMENDMENT is made and executed effective as of this 10`h day of January, 2011, by and between: CVC: BUILDING PARTNERS, LLC, a Missouri limited liability company; DKR PROPERTIES, L.L.C., a Missouri limited liability company; and SANDY McLANE DONLEY Vk/a SANDY S. McLANE and DAVID DONLEY, her husband, GRANTORS/GRANTEES (each, individually, a "Party" and collectively, the "Parties") WITNESSETH: WHEREAS, CVC Building Partners, LLC is the owner of the property described as "Tract I" on Exhibit A, attached hereto and incorporated herein by reference (the "CVC Property"); DKR Properties, L.L.C. is the owner of the property described as "Tract H" on Exhibit A (the "DKR Property"); and Sandy McLane Donley f/k/a Sandy S. McLane is the owner of the property described as "Tract III" on Exhibit A (the "McLane Property") (and collectively, the "Properties"); and WHEREAS, the CVC Property, the DKR Property and the McLane Property are adjacent to each other, all lying North of Bloomfield Road, South of Route KlWilliam Street, and West of Broadview Street, in the City of Cape Girardeau; and WHEREAS, the Parties' predecessors in interest executed that certain Dedication dated November 22, 1974, and recorded in the Recorder of Deeds Office for Cape Girardeau County, Missouri in Book 319 at Page 252 (the "Dedication Agreement"), in connection with the City of Cape Girardeau's rezoning of the Properties and additional land to "C-4", whereby the parties dedicated to public use for utilization as an unimproved "green belt" area, an area located along the far West side of the Properties (the; "Greenbelt Area") as more particularly described in the Dedication Agreement, to serve as a buffer zone between the adjacent residential neighborhood and the commercial development on the Properties and other land; and WHEREAS, the Dedication _Agreement set forth certain restrictions on the utilization of the Greenbelt Area and covenants regarding the maintenance of said area, all of which "run with the land" described in the Dedication Agreement and inure to and bind the successors in interest of the original parties to the Dedication Agreement and the adjacent residential property owners; and b WHEREAS, the owners of the Properties at the time the Dedication Agreement was signed owned additional lands lying east of the Properties, all of which was re -zoned at the same time; the prior owners intended to develop the entire area as one large, strip center commercial development, with common areas and common area expenses to be shared by all property owners or their tenants; as a result, the property described in the Dedication Agreement includes lands in addition to the Properties described on Exhibit A; the area has not developed as originally planned and, instead, tracts have been sold and developed individually, and it no longer makes sense to burden any property, other than property which includes a part of the Greenbelt Area within said property's boundaries, with the responsibility for maintaining the Greenbelt Area; and WHEREAS, the Parties, as the owners of the Properties which include the Greenbelt Area within the property boundaries, desire to amend the Dedication Agreement to limit the restrictions and obligations contained in the Dedication Agreement to those lands which include any portion of the Greenbelt Area within the boundaries of said lands, and to limit each Party's responsibilities related to said Greenbelt Area to each Party's respective tract of land. NOW, THEREFORE, in consideration of the above recitals and the terms and conditions of this Agreement, and in consideration of the mutual promises, covenants and agreements as set forth herein, and the mutual benefits to be derived therefrom, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. Limitation on Lands Burdened by Dedication. The Parties agree that the restrictions and covenants contained in the Dedication Agreement shall be limited to properties that include any part of the Greenbelt Area within said properties' boundaries, and that all other tracts of land originally described in the Dedication Agreement shall be released from any such restrictions and covenants. The Parties acknowledge that the Properties described on Exhibit A are the only existing properties that include the Greenbelt Area within their boundaries. Notwithstanding the foregoing, the Parties further acknowledge and agree that if said Properties, or any part thereof, are subdivided so as to create additional tracts of land which do not include any part of the Greenbelt Area, such tracts of land shall no longer be burdened by the restrictions and covenants contained in the Dedication Agreement, 2. Maintenance of Greenbelt Area, For so long as the Dedication Agreement is in effect, the undersigned Parties, for themselves and the it lessees, agree to be responsible for standard and reasonable maintenance of the Greenbelt Area, including but not limited to the cutting of grass, removal of dead trees, removal of litter and debris, and the prevention of erosion thereon, as more fully set out in the Dedication Agreement. Provided, however, that each Party's responsibility shall be limited to that portion of the Greenbelt Area lying on that Party's tract of land and none other. 3. Binding Effect/Term. The covenants and obligations contained in this Amendment shall take effect immediately upon being filed in the Office of the Recorder of Deeds of Cape Girardeau County, Missouri., and shall be covenants running with the land. Each and all grantees in accepting a conveyance of the Properties described herein, or any portion of the Properties which includes any part of the Greenbelt Area, shall bind themselves, their heirs, assigns, successors or legal representatives, in the observance and performance of the restrictions and covenants herein set forth, until such time as the Dedication of the Greenbelt Area is abandoned or terminated by an instrument in writing signed by all of the landowners adjacent to and abutting said Greenbelt Area filed in the Recorder of Deeds Office for Cape Girardeau County, Missouri, as more fully set out in the Dedication Agreement, 4. Reaffirmation of Dedication Agreement. The Parties acknowledge and agree that, except as specifically amended herein, the Dedication Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned have caused this Amendment to be executed on the day and year first written above. CVC BUILDING PARTNERS, LLC Billy A' . Hammond, Managing Member STATE OF MISSOURI ) ) ss COUNTY OF CAPE GIRARDEAU ) On this x.3/`51 day offfuzz,G 2010 before me personally appeared Billy A. F. Hammond, to me personally known, ho being duly sworn did say that he is the Managing Member of CVC BUILDING PARTNERS, LLC, a Missouri limited liability company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. o„�oouuu SOL Ll pt/eDE�NNA BALDWIN °` ", Notary Public Nfi :NOTARY y ommission xp res October 3, 2013 '�.. SEAL ; r•„ �, Cape Girardeau County ° M1550\" Commission #09401378 DKR PROPERTIES, L.L.C. By: G. Keith Deimund, Trustee of the G. Keith Deimund Trust U/T/A dated Sept. 3, 1979, Managing Member STATE OF MISSOURI ) ss COUNTY OF CAPE GIRARDEAU ) On this <-)c-LjIday of /yi c•t. __ 2010 before me personally appeared G. Keith Deimund, Trustee of the G. Keith Veimund Trust U/T/A dated September 3, 1979, to me personally known, who being duly sworn did say that he is the Managing Member of DKR PROPERTIES, L.L.C., a Missouri limited liability company, and that as such, he has authority to execute the foregoing instrument on behalf of said limited liability company, and acknowledged that he executed the same as the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Notary Public MARILYN GILMORE NOTARY PUBLIC - NOTARY SEAL 3 STATE OF MISSOURI COUNTY OF CAPE GIARDEAU COMMISSION # 1U 32714 M ComM180,10 x Tres; / i I?1 STATE OF MISSOURI SANDY MCLA E DONLEY f/lr./a SANDY S(YCLANE DAVID DONLEY ss COUNTY OF CAPE GIRARDEAU ) On this day of n Ut'XY \ 1 -244-0, before me, a Notary Public in and for said state, personally pp appeared Sandy McLane Donley f/k/a Sandy S. McLane, and David Donley, her husband, to me known to be the persons d escribed in and who executed the foregoing instrument and who acknowledged to me that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I office in the aforesaid county and state on LAURA R. WHITWORTH Notary Public Notary Seal STATE OF MISSOURI Commission # 10879259 My Commission Expires 5/2/2015 SIGNATURE PAGE TO AMENDMENT TO DEDICATION (Greenbelt Area) 0 EXHIBIT A To Amendment to Dedication (Greenbelt Area) Tract 1., "CVC Property" (Owner: CVC Building Partners, LLC) Lot 4 of a Resubdivision of Lot 4 of a Subdivision of Lot 3 of Westborough Subdivision, City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 15 at Page 69, land records of Cape Girardeau County, Missouri. ALSO, a part of Lot No. 1 of Westborough. Subdivision as shown by Plat recorded in Plat Book 14 at page 82, land records of Cape Girardeau County, Missouri, described as follows: A part of Lot No. 1 of Rodney 400 Arpen Tract lying in United States Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at the intersection of the West line of Lot No. I of the Rodney 400 Arpen Tract and the South right of way line of Missouri State Route K at centerline station 326 + 23.24; thence along the West line of Lot No. 1 of the Rodney 400 Arpen Tract the following courses and distances: South 05° 05' 57" East, 1933.38 feet, thence South 29° 08' 06" East, 524.21 feet to the Point of Beginning; thence leaving said West line North 51° 09' 03" East, 637.26 feet to the beginning of a non -tangent curve concave to the Northeast having a radius of 1030.00 feet and a central angle of 11° 14' 18" from which point a radial line bears North 67° 56' 20" East; thence in a southeasterly direction 202.03 feet to the beginning of a compound curve concave to the Northeast having a radius of 167.49 feet and a central angle of 10° 09' 08'; thence in Southeasterly direction along said curve 29.68 feet; thence South 43° 27' 05" East 39.40 feet to the Northeasterly corner of Lot 4 of a Resubdivision of Lot 4 of a Resubdivision of Lot 3 of Westborough Subdivision; thence South 46° 17' 47" West along and with the Northerly line of said Resubdivision of Lot 4 of a Resubdivision of Lot 3 of Westborough Subdivision 187.82 feet; thence along and with said line South 51° 09' 03" West, 462.35 feet to the West line of Lot 1 of the Rodney 400 Arpen Tract; thence North 29° 08' 06" West, 287 feet more or less, to the Point of Beginning, containing 4.08 acres, more or less. EXCEPT from the above a tract conveyed to the City of Cape Girardeau by General Warranty Deed dated ,lune 16, 1999 and recorded September 22, 1999 in Book 1026 at Page 949, land records of Cape Girardeau County, Missouri. Tract 2, "DKR Property" (Owner: DKR Properties, L.L.C.) Part of Lot 1 of Westborough Subdivision, in the City and County of Cape Girardeau, Missouri, as recorded in Plat Book 14, Page 82, being more particularly described as follows: Commence at the Southwest Corner. of Lot 3 of Westborough Subdivision, as recorded in Plat Book 14, Page 82 in the land records of said Cape Girardeau County; thence with the west line of said subdivision, North 28042'39" West, 685.96 feet to the Point of Beginning; thence continue North 28042'39" West, 322.95 feet; thence North 04°40'30" West, 915.51 feet; thence leaving said West line, North 85'26'12" East, 357.47 feet; thence North 04°41'04" West, 51.80 feet; thence North 85018'56" East, 508.74 feet, to a point on the West line of Broadview Street; thence with said right of way line, along the arc of a non - tangent curve being concave to the West, having a radius of 787.00 feet, a distance of 137.38 feet (the chord of said are bears South 05°45'18" West, 137.21 feet); thence South 10°45'21" West, 396.13 feet; thence along the arc of a curve to the left, having a radius of 1030.00 feet, a distance of 366.69 feet; thence leaving said West line, South 51°34'30" West, 686.91 feet, to the Point of Beginning and containing 18.26 acres, more or less, as shown on survey by Koehler Professional Engineers & Land Surveyors, August, 2010 (Project No. 33838). ALSO, fart of Lot 1 of Westborough Subdivision, in the City and County of Cape Girardeau, Missouri, as recorded in Plat Book 14, Page 82, being more particularly described as follows: Commence at the Southwest Corner of Lot 3 of Westborough Subdivision, as recorded in Plat Book 14, Page 82 in the land records of said Cape Girardeau County; thence with the West line of said subdivision, North 28°42'39" West, 484.50 feet, to the Point of Beginning; thence continue North 28°42'39" West, 201.46 feet; thence leaving said West line, North 51°34'30" East, 686.91 feet, to a point on the West right of way line of Broadview Street; thence with the arc of a non -tangent curve being concave to the Northeast, having a radius of 1030.00 feet, a distance of 215.76 feet (the chord of said arc bears South 15°38'34" East, 215.37 feet); thence leaving said right of way line, South 51034'30" West, 637.50 feet, to the Point of Beginning and containing 3.00 acres, more or less, as shown on survey by Koehler Professional Engineers & Land Surveyors, August, 2010 (Project No. 33838). The above described Tract 2 now, at the time of recording, more accurately described as: All of Lots 1, 2 and 3 of Broadview Estates, a subdivision located in the City of Cape Girardeau, Missouri as shown by plat recorded as Document No. 2011-06896 in the land records of Cape Girardeau County, Missouri. Tract 3, "McLane Property" (Owner: Sandy McLane Donley) Lot Two (2) of McLane Outlot No. 1 in the City of Cape Girardeau as shown by plat thereof recorded in Plat Book 22, Page 13 in the land records of Cape Girardeau County, Missouri, ALSO, Lot Two (2) of McLane Outlot No. 2 in the City of Cape Girardeau as shown by plat thereof recorded in Plat Book 19, Page 46 in the land records of Cape Girardeau County, Missouri.