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N � C <br />= ® <br />c �� X = <br />co <br />After recording, return to: <br />John Q. Bachman <br />PANSING HOGAN ERNST & BACHMAN LLP <br />10250 Regency Circle, Suite 300 <br />Omaha, NE 68114 <br />APPROVAL OF CONSENTING OWNERS <br />RECITALS <br />T1 's Aj proval of Consenting Owners ( "Approval ") is made and entered into on this g. day of <br />1.1t (`fc�W , 2013, by and among ROBERT M. ALLEN FAMILY .LIMITED PARTNERSHIP, <br />a Nebraska limited partnership ( "Allen "), and GRAND ISLAND VENUE, L.L.C., a Nebraska limited <br />liability company ( "GIV "). <br />A. Allen and Albertson's, Inc. ( "Albertson's ") entered into a certain Declaration of <br />Restrictions and Grant of Easements dated March 11, 1999 (the "1999 Declaration "). The 1999 <br />Declaration was recorded on June 24, 1999 as Instrument No. 99 106376 in the Official Records of Hall <br />County, Nebraska. The 1999 Declaration was amended by a certain First Amendment to Declaration of <br />Restrictions and Grant of Easements dated August 21, 2000 (the "First Amendment "). The First <br />Amendment was recorded on September 25, 2000 as Instrument No. 0200007944. The 1999 Declaration <br />and the First Amendment are hereinafter collectively referred to as the "Original Declaration ". The <br />1999 Declaration and the First Amendment were amended by a certain Second Amendment to <br />Declaration of Restrictions and Grant of Easements dated July 24, 2002 (the "Second Amendment "), <br />that certain Third Amendment to Declaration of Restrictions and Grant of Easements dated August 15, <br />2008 (the "Third Amendment "), and that certain Fourth Amendment to Declaration of Restrictions and <br />Grant of Easements dated August 29, 2011 (the "Fourth Amendment "). The Second Amendment was <br />recorded on July 25, 2002 as Instrument No. 0200207725, the Third Amendment was recorded on <br />August 18, 2008 as Instrument No. 0200807155, and the Fourth Amendment was recorded on August 30, <br />2011 as Instrument No. 0201106471. The 1999 Declaration, the First Amendment, the Second <br />Amendment, the Third Amendment and Fourth Amendment are hereinafter collectively referred to as the <br />"Declaration ". <br />B. PepperJax Development Company, a Nebraska corporation or its assigns (as applicable, <br />the "Buyer "), has purchased (or is about to purchase) from Allen 281 LLC, a Nebraska limited liability <br />company, Lot 14, Meadowlark West Third Subdivision, a subdivision, as surveyed platted and recorded <br />in Hall County, Nebraska (sometimes referred to as the "PepperJax Parcel ") for the construction of a <br />PepperJax Grill restaurant building. Pursuant to the Declaration, Allen and GIV are Consenting Owners <br />with respect to Parcel 14 as that term is defined in the Declaration. <br />C. The parties desire to approve and consent to certain matters with respect to the <br />construction of the PepperJax Grill restaurant building as required by the Declaration. <br />`719,1°-°- <br />= A ti 0 cn 0 <br />C..**) CEO ,...1 <br />r —4 N <br />c-a rn 9 <br />N) <br />c <br />4 F-s <br />= m C - u b co <br />r 3 • CO <br />C.A.) 7.t ca -..1 <br />(J1 co <br />