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hereto, which exhibit is incorporated herein by reference. The leased space
<br />shall hereinafter be referred to as the "Demised Premises". The Demised
<br />Premises is outlined on the site plan of the Shopping Center attached hereto and
<br />made a part hereof as Exhibit B.
<br />Landlord shall not alter the Shopping Center by selling or acquiring lands
<br />increasing its size, reducing its size and/or otherwise alter the Shopping Center
<br />during the term (or any renewal term) of this Lease except any alteration
<br />necessary to subdivide Outparcel A from the Shopping Center. Notwithstanding
<br />the foregoing to the contrary, Landlord may develop Outparcel A as shown on
<br />Exhibit B during the term of this Lease, including any renewal term. In no event
<br />shall Landlord use or allow Outparcel A to be used for any of the following
<br />activities during any term of this Lease: check cashing, pay-day lending, bowling
<br />alley, skating rink, bar (as distinguished from a restaurant deriving at least 60%
<br />of its Gross Sales from the sale of nonalcoholic beverages and food), theater,
<br />amusement park, carnival, meeting hall, banquet facility, entertainment facility,
<br />disco or other dance hall, nightclub establishment, sporting events, for any
<br />manufacturing, for the sale of cars or boats (new or used), trailers, mobile homes
<br />(if inventory is stored in the Common Areas of the Shopping Center), lumber
<br />yard (except in connection with a retail home improvement store such as Lowe's
<br />or Home Depot), video arcade or other game parlor, pool hall, billiard parlor,
<br />amusement center, off-track betting establishment, flea-market, massage parlor,
<br />tattoo or body piercing facility, auditorium, or far the sale and display of obscene
<br />or pornographic materials. Additionally, notwithstanding anything contained
<br />herein to the contrary, for the limited purposes of reducing the County's Common
<br />Area Maintenance Charges, Taxes, Insurance and Reserves, Landlord shall
<br />have the right, from time to time, in its sole discretion, to include parcels
<br />adjacent to or within the Shopping Center, which may be owned by Landlord or
<br />an entity other than Landlord, including, without limitation, Landlord's affiliates,
<br />subsidiaries, joint venture partners or parent entity. The County's Proportionate
<br />Share may be decreased pursuant to this Paragraph, but it shall not be
<br />increased above 52.26%. Outparcel A and any building located thereon has not
<br />and will not be used to calculate County's Proportionate Share.
<br />Landlord reserves the right to maintain, repair, and replace utility lines under,
<br />over, upon or through the Demised Premises or the Shopping Center as may be
<br />reasonably necessary or advisable for the servicing of the Demised Premises or
<br />other portions of the Shopping Center. Landlord further reserves the right to use
<br />for non-commercial purposes (or grant to other parties the right to use for non-
<br />commercial purposes) and County will have no right title or interest iri (i) the roof
<br />of the buildings within the Shopping Center, including the Demised Premises, (ii)
<br />exterior non-storefront portions of the Demised Premises (including, without
<br />limitation, neutral piers, demising walls, and outer walls of buildings in which the
<br />Demised Premises are located), (iii) air rights above the Shopping Center,
<br />including the Demised Premises, and (iv) the right to land and improvements
<br />below the floor level of the Demised Premises. Landlord shall not lease any
<br />rooftop within the Shopping Center, including the rooftop of the Demised
<br />Premises.
<br />3. TERM AND LEASE YEAR., The Term of this Lease for a total of 123
<br />consecutive months as specified in the Basic Lease Provisions and shall begin
<br />on the date this lease is approved by the North Carolina Local Government
<br />3
<br />County of Orange, in Norkh Carolina -Hillsborough Commons 07/02/08
<br />IN1TIAi S
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