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3. Lease memorandum upon the terms, covenants and conditions contained <br />in an unrecorded lease referred to therein dated May 17, 1976, <br />recorded December 23, 1976, Series No. 76-218275, Reel 4654 OR, <br />Image 678 <br />Lessor: Eltinge, Gruziadio and Sampson, Development Company <br />Lessee: S.S. Kresge Company, Michigan corporation <br />(Affects the premises and additional property.) <br />The present ownership of said leasehold and other matters affecting <br />the interest of the lessee are not shown herein. <br />4. Easement for water transmission facilities and appurtenances <br />thereto, granted to East Bay Municipal Utility District by <br />instrument recorded May 12, 1977, Series No. 77-90605, Reel 4854 <br />OR, Image 188. <br />(Affects a 30 foot by 12 foot strip of land in a southeasterly <br />portion of the premises and also additional property.) <br />5. Covenants, conditions and restrictions as set forth in the <br />instrument recorded November 1, 1977, Series No. 77-217535, Reel <br />5118 OR, Image 507; <br />(a) With mortgage protection clause. <br />(b) No reversionary clause. <br />Amendment thereto recorded June 21, 1978, Series No. 78-117120, <br />Reel 5449 OR, Image 525. <br />Amendment thereto recorded August 25, 1981, Series No. 81-143987 . <br />6. Easement for purposes set forth in the declaration recorded <br />November 1, 1977, Series No. 77-217535, Reel 5118 OR, Image 507 and <br />amendments recorded June 21, 1978, Series No. 78-117120, Reel 5449 <br />OR, Image 525 and appurtenances thereto, reserved by Commerce <br />Development Associates in instrument recorded June 21, 1978, Series <br />No. 78-117123, Reel 5449 OR, Image 574. <br />(Affects the portion of the premises as described in said <br />instruments and additional property.) <br />Amendment thereto recorded August 25, 1981, Series No. 81-143987. <br />1994-95 Taxes: TAX INFORMATION <br />Code Area: 10-035; A.P.N.: 077B-1139-006; <br />Land: $2,889,730.00 <br />Improvements: $2,650,145.00 <br />Personal Prop: none <br />Exemption: none <br />1ST INSTALLMENT: $30,520.58 PAID <br />2ND INSTALLMENT: $30,520.58 PAID <br />Tracer No.: 184764-00; Tax Rate: 1.0357 <br />Page 5 <br />