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Amendment to Declaration of Restrictions and Grant of Easements dated March 25, 2015 (the "Fifth Amendment "). The Fifth Amendment was recorded on March 26, 2015 as Instrument No. 0201501810. The 1999 Declaration, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment and the Fifth Amendment are hereinafter collectively referred to as the "Declaration "). B. Allen 13 Street LLC ( "Allen") is the owner of Parcel 22, legally described as Lot 22, Meadowlark West Third Subdivision, a subdivision, as surveyed, platted and recorded in Hall County, Nebraska ( "Lot 22 ") and the owner of Parcel 23, legally described as Lot 23, Meadowlark West Third Subdivision, a subdivision, as surveyed, platted and recorded in Hall County, Nebraska ( "Lot 23 "). C. JoEl Investment Group, LLC or its assigns ("Jo El") is about to purchase Lots 22 and 23 and has requested approval of certain contemplated improvements to Lot 23. D. The undersigned are the "Consenting Owners" as those terms are defined in the Declaration. E. The Consenting Owners are willing to memorialize their consent and approval to the improvements contemplated by JoEl to Lot 23, in accordance with this Consent and Approval. Agreement 1. Recitals. The recitals are incorporated herein as if set forth in full. 2 201504200 Now, therefore, in consideration of the foregoing Recitals which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 2. Capitalized Terms. All capitalized terms that are not defined herein shall have the meanings respectively given to them in the Declaration. 3. Consent & Approval. The Consenting Owners have reviewed the Building Design Drawings for the improvements to be constructed on the Lot 23 prepared by Reed Design Architects as received by Allen on May 15, 2015 (including the site plan, exterior building elevations, mural, outside dinning and monument sign elevation) and hereby indicate their approval of the same in accordance with Section 2 of the Declaration (subject to the conditions attached hereto as Exhibit "A ") and, with respect to the drive -thru facilities, Section 5.4 of the Declaration. The Consenting Owners further approve and hereby grant JoEl and its tenant the right to make such alterations, additions or improvements to: (i) the exterior of the building on Lot 23 that are required by the owner as part of an overall exterior scheme and appearance required system wide for other Nation Chain Store facilities, without the written approval by Consenting Owners; and (ii) the interior of the building on Lot 23, without the written approval by the Consenting Owners. Subject to obtaining local governmental approvals, the owner or