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N A4 <br />0 <br />cs) Cs Z <br />(0 A ttJ • • Do <br />0 XIC <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 />DEVELOPMENT AGREEMENT pc) <br />( /0, <br />This ("Agreement") eement) <br />Agreement Development A "A " dated December / 0 , 2013, is between <br />p g <br />ALLEN 281 LLC, a Nebraska limited liability company ( "Developer "), and AMES <br />DEVELOPMENT, LLC, a Nebraska limited liability company ( "Owner "). <br />PRELIMINARY STATEMENT <br />Contemporaneously with the execution of this Agreement, Owner acquired from <br />Developer ownership of Lot 14, Meadowlark West Third Subdivision, Hall County, Nebraska <br />(the "Property "). As a condition precedent to such acquisition, Owner and Developer agreed to <br />execute and exchange this Agreement to evidence their agreement and understanding with <br />respect to the development and use of the Property. <br />TERMS AND CONDITIONS <br />In consideration of the foregoing Preliminary Statement, which is repeated in its entirety <br />in this portion of this Agreement, and other valuable consideration, the receipt of which is <br />acknowledged, Developer and Owner agree as follows: <br />1. Declaration of Restrictions and Grant of Easements. The Property and any <br />development and use of the Property are subject to the terms and provisions of a certain <br />Declaration of Restrictions and Grant of Easements dated March 11, 1999 (the "1999 <br />Declaration "). The 1999 Declaration was recorded on June 24, 1999 as Instrument No. <br />99- 106376 in the Official Records of Hall County, Nebraska. The 1999 Declaration was <br />amended by a certain First Amendment to Declaration of Restrictions and Grant of Easements <br />dated August 21, 2000 (the "First Amendment "). The First Amendment was recorded on <br />September 25, 2000 as Instrument No. 200007944. The 1999 Declaration was further amended <br />by a certain Second Amendment to Declaration of Restrictions and Grant of Easements dated <br />July 24, 2002 (the "Second Amendment "). The Second Amendment was recorded July 25, 2002 <br />as Instrument No. 200207725. The 1999 Declaration, First Amendment and Second Amendment <br />were further amended by a Third Amendment to Declaration of Restrictions and Grant of <br />