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COVENANTS -US 31 INDUSTRIAL PARK <br />to Redevelopment Commission relinquishes such rights the Design <br />Committee will be appointed by the Owners Association. <br />1.3 Occupant. "Occupant" shall mean any Person, other than an <br />Owner, and the successors and assigns of any thereof, that is in <br />possession of or otherwise occupying any real estate within US 31 <br />Industrial Park, at any particular time, whether as a lessee, <br />sublessee, licensee or pursuant to any lease, sublease, license or <br />right of occupancy with or through the Owner of such real estate. <br />1.4 Owner. "Owner" shall mean any Person, including the Declarant, <br />and the successors and assigns of any thereof, that owns fee <br />simple title to any real estate within US 31 Industrial Park: <br />provided, however, that a beneficiary shall not be deemed to be an <br />Owner so long as its interest in the particular real estate is for <br />purposes of security only. <br />1.5 Owners Association. "Owners Association" (sometimes referred to <br />as the "Association) shall mean the association of Owners created <br />and described in Article VI. <br />1.6 US 31 Industrial Park. "US 31 Industrial Park" shall mean the real <br />property described in "Attachment 1" and such additional property <br />as may be added from time to time as hereinafter provided. <br />ARTICLE II <br />DEVELOPMENT RESTRICTIONS <br />2.1 All lots of said real estate fronting Brick Road and south of the <br />southernmost storm water retention basin, shall be used for <br />commercial purposes. <br />2.2 All other real estate within US 31 Industrial Park shall be used for <br />industrial purposes as stated in the Industrial Park (IP) zoning <br />ordinance. <br />2.3 No building, or other structure shall be erected, permitted or <br />placed upon any part of said real estate nearer than forty (40) feet <br />-2- <br />