16 Existing and Proposed Deed Restrictions and Covenants

Record and Return to: :, bawréhce B. Diener 25 Main Street Suite 200 Hackensack, New Jersey 07601 } : 0G) kW Lawrence B. Diener Prepared by: Lawrence B. Diener DEED NOTICE This Deed Notice is made as of the | )_ day of May, 2014, by Diener Mt. Pleasant Associates Ltd., 25 Main Street, Suite 200, Hackensack, New Jersey 07601 (together with his/her/its/their successors and assigns, collectively "Owner"). 5 1, THE PROPERTY. Diener Mt. Pleasant Associates Ltd. is the owner in fee simple of certain real property designated as Block(s) 157 Lot 5, on the tax map of the Township of West Orange, Essex County; the New Jersey Department of Environmental Protection Program Interest Number (Preferred ID) for the contaminated site which includes this property is 292407; and the property is more particularly described in Exhibit A, which is attached hereto and made a part hereof (the "Property"). 2, REMEDIATION. i. David Terry, Licensed Site Remediation Professional, LSRP License No. 575840 has approved this Deed Notice as an institutional control for the Property, which is part of the remediation of the Property. ii, N.J.A.C. 7:26G;7 requires the;Owner, ns, toebtain a soil remedial action permit for the soil remedit ida the a ie OG ihney pritcannce and e Property. biennial certification requirements that apply to 3. SOIL CONTAMINATION. Diener Mt. Pleasant Associates Ltd. has remediated contaminated soil at the Property, such that soil contamination remains in certain areas of the Property that contains contaminants in concentrations that do not allow for the unrestricted use of the Property; this soil contamination is described, including the type, concentration and specific location of such contaminants, in Exhibit B, which is attached hereto and made a part hereof. As a result, there is a statutory requirement for this Deed Notice and engineering controls in accordance with N.J.S.A. $8:10B-13. 4, CONSIDERATION. In accordance with the remedial action for the site which included the Property, and in consideration of the terms and conditions of that remedial action, and other good and valuable consideration, Owner has agreed to subject the Property to certain statutory and regulatory requirements that impose restrictions upon the use of the Property, to restrict certain uses of the Property, and to provide notice to subsequent owners, lessees and operators of

tutory and regulatory requirements that impose restrictions upon the use of the Property, to restrict certain uses of the Property, and to provide notice to subsequent owners, lessees and operators of the restrictions and the monitoring, maintenance, and biennial certification requirements outlined in this Deed Notice and required by law, as set forth herein. 5A, RESTRICTED AREAS. Due to the presence of contamination remaining at concentrations that do not allow for unrestricted use, the Owner has agreed, as part of the remedial action for the Property, to restrict the use of certain parts of the Property (the "Restricted Areas"); a narrative description of these restrictions is provided in Exhibit C, which is attached hereto and made a part hereof. The Owner has also agreed to maintain a list of these restrictions on site for inspection by governmental officials. 08/02/2023 9:33:47 AM ESSEX COUNTY Inst.# 14034831 - Page 2 of 16