Magnus, LLC

The Property is subject to the following activity and use limitations: (a) Future land use of the Property is limited to industrial and commercial use, excluding child care facilities, and such uses shall not require review or approval by the NDEQ. Notwithstanding this covenant, Grantor may, subject to local zoning approval, change the land use to a use other than industrial and commercial use (excluding child care facilities) for the portions of the Property designated as Areas 1 and 3A on Exhibit "B" provided that Grantor first completes a voluntary response action under the Act for Areas 1 and 3A that consists of (i) a soil cover consistent with the soil cover for the VCP Response Area of the Property or (ii) excavation and confirmation sampling of affected soil in Areas 1 and 3A and the plan for such response action is approved by the NDEQ. (b) The soil cover described in the VCP Plan shall be maintained in place in the VCP Response Area. An Operations and Maintenance (O&M) Plan has been prepared and approved for the VCP Response Area to prescribe actions and documentation requirements to be performed to maintain the integrity of the soil cover described in the VCP Plan. (c) Procedural controls shall be maintained regarding construction or utility work to be performed within areas of impacted soil in the VCP Response Area, including control measures and monitoring requirements for any soil removal activities associated with such work.