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VIA EMAIL & OVERNIGHT MAIL The Lerner Company Attn: Boh Kurylo 10855 West Dodge Road, #270 Omaha, NE 68154 Dear Mr. Kurylo: Sincerely, Home Dep .A., Inc. essica Borgert Senior Corporate Counsel 2455 Paces Ferry Road • Atlanta, GA 30339 (770)433 -8211 January 27, 2015 Home Depot acknowledges that (i) certain use restrictions are set forth in Section 5.2(a) of the Declaration, and (ii) certain plan approval rights are set forth in Section 2.1 of the Declaration. 201501811 RE: Declaration of Restrictions and Grant of Easements dated March 11, 1999, and recorded on June 24, 1999 as Instrument No. 99 106376 in the Official Records of Hall County, Nebraska, as amended (collectively, the "Declaration "). Home Depot # 3208 Grand Island, NE Home Depot hereby agrees that the operation of Feel Fit Fitness Center, in the location specifically indicated on the site plan attached hereto and incorporated herein as Exhibit A, shall not be a violation of Section 5.2(a) of the Declaration. This consent is for the benefit of Feel Fit Fitness Center in this particular instance, and for this particular use. This consent shall not be construed as being for the benefit of any future occupants of the subject property or any other location in the shopping center. Home Depot also hereby approves of the plans attached hereto and incorporated herein as Exhibit B (the "Plans "). Home Depot's approval of the Plans is in no way a representation (or agreement) by Home Depot that the Plans (i) are in compliance with any laws, rules, regulations or codes, (ii) are buildable, or (iii) will be permitted by any relevant governing authority. This approval is specific only to the Plans and is not a waiver of any other approval rights contained in the Declaration. Except as expressly set forth herein, no other provisions of the Declaration shall be deemed waived, supplemented or modified hereby, and all of said covenants, terms, obligations and conditions shall remain in full force and effect. Cc: Kim Nall, Sr. Real Estate Manager, The Home Depot (via email only)