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EXIDBIT D PROPERTY USE COVENANTS Buyer hereby agrees to have the following restrictions recorded with the Property Deed: The Property shall be devoted exclusively to the purposes for which Buyer acquired it, namely: 1. Public Park and recreational purposes, excepting use as a Dog Park, which is expressly prohibited. ["Dog Park" to be defined by the parties prior to approval of this Agreement) 2. Public utility purposes 3. Any public purposes duly designated by the City of Centerville At no time shall any portion of the Property be converted to purposes or uses other than those stated above. The foregoing restrictions rights shall be binding upon and inure to the benefit of Seller and Buyer, and to their successors and assigns, and shall run with the land. ill the event of a violation or attempted violation of the easement rights or restrictive covenants set forth above, Seller may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary damages caused by such violation or attempted violation. It is acknowledged and agreed by Buyer that Seller is entitled to obtain injunctive relief requiring Buyer to comply with said covenants without the need for a bond or security, and that specific performance is an appropriate remedy and that Seller does not have an adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. No delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, or waive the right to enforce the same, or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times ill the event suit is brought by Seller to enforce the restrictive covenants or easement provisions, or if suit is brought for damages or for any other relief hereunder, Seller shall be entitled to recover its costs, including reasonable attorneys' fees incurred in connection with such suit. [Remainder of page left intentionally blank] C:\Documents and Settings\TBender\LocaI Settings\Temporary Internet Files\OLK3D\Purchase and Sale of vacant Iot_07-22-04.doc 16