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Amendment, the Third Amendment, the Fourth Amendment and this Fifth Amendment are <br />hereinafter collectively referred to as the "Declaration "). <br />4. Allen Webb Road LLC is the owner of Parcel 28, legally described as Lot 11, <br />Meadowlark West Fourth Subdivision, a subdivision, as surveyed, platted and recorded in Hall <br />County, Nebraska ( "Lot 11 "), as depicted on the Site Plan attached hereto as Exhibit "A ". <br />Allen. <br />5. William D. Raile or his assigns is about to purchase Lot 11. <br />6. The Property Owners set forth in the Fifth Amendment to Declaration of <br />Restrictions and Grant of Easements are the Owners of the Parcels containing in the aggregate at <br />least ninety percent (90 %) of the total square footage of Building Area in the Shopping Center as <br />required by Section 8.5 of the 1999 Declaration for the purpose of modifying the Declaration. <br />7. Home Depot U.S.A., Inc., a Delaware corporation ( "Home Depot "), as the owner <br />of Lot 8, Meadowlark West Fourth Subdivision, a subdivision, as surveyed, platted and recorded <br />in Hall County, Nebraska ( "Lot 8 ") is one of the Property Owners subject to the Declaration. <br />8. Attached hereto is a true and authentic copy of correspondence from Home <br />Depot, owner of Lot 8, which consents to the use proposed for Lot 11, and further approves the <br />Plans for Lot 11 attached as Exhibit "B" to the Home Dept correspondence. <br />FURTHER AFFIANT SAITH NOT. <br />SUBSCRIBED and sworn to before me on this 0 31-9 day of March, 2015, by Kristin M. <br />GENERAL NOTARY - State of Nebraska <br />CHRISTINE M. GUEST <br />My Comm. Exp. June 16, 2017 <br />KRISTIN M. ALL ` ' , A fiant <br />2 <br />2015018j j <br />