15-Authorizing the purchase a 0.9585 acre tract of land

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The Property is conveyed by Grantor subject to the following covenants, conditions and restrictions, which Grantee by the acceptance of this Deed covenants for itself, its successors and assigns, faithfully to keep, observe and perform: 1. Fence Covenant. Grantee, at its sole cost and expense, shall install, within ninety (90) days after the date of delivery of this Deed, and thereafter maintain fencing or other barriers to prevent access to or encroachment on the railroad right-of-way of Grantor adjacent to the northern boundary of the Property. The fencing or barrier must be of a design and type satisfactory to Grantor, and in compliance with applicable building codes. Grantee shall submit the plans for the fencing or barrier construction to: Vice President-Engineering Management Union Pacific Railroad Company 1400 Douglas Street, Mail Stop 0910 Omaha, Nebraska 68179 with copy of transmittal to: Assistant Vice President - Real Estate Union Pacific Railroad Company 1400 Douglas Street, Maii Stop 1690 Omaha, Nebraska 68179 for review and approval. Grantor shall complete such review and make appropriate response to Grantee within twenty (20) days after receipt of such plans by Grantor. Grantor shall not unreasonably withhold its approval of such plans. Such approval does not constitute a guarantee or warranty that such plans comply with applicable governmental laws, ruEes, regulations or ordinances, or that the fence as constructed will be structurally sound. 2. Restriction on Use. The Property must not be used for (i) residential, (ii) lodgings or accommodations (including, without limitation, hotels, motels, boarding houses, dormitories, hospitals, nursing homes, or retirement centers), or (iii) educational or child-care facilities (including, without limitation, schools, kindergartens or day-care centers). The foregoing covenants, conditions and restrictions shall run with the Property, and a breach of the foregoing covenants, conditions and restrictions, or the continuance thereof, may, at the option of Grantor, its successors or assigns, be enjoined, abated or remedied by appropriate proceedings. This conveyance is made without anywarranty, express or implied, including, without limitation, any warranty or covenant implied under the provisions of Section 5.023 of the Texas Property Code, which provisions are hereby expressly waived by Grantee even as to the return of the purchase price. l'tl~WU~\i1a.'ffJ~Glli~i;t'Ini Il-7'IC\.tI5C111L45ItOf_f]f)IlitRil~lI.S~COC6ifdlfS'~!(E\L[Vf~iLLS5l~1.~I1 Sx 2 112