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201706687
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Last modified
12/9/2019 6:11:16 PM
Creation date
10/3/2017 2:00:57 PM
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DEEDS
Inst Number
201706687
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3 <br />20170 6687 <br />currently commonly known as the Conestoga Mall is located. <br />Section 2.3 "Consenting Party" shall mean and refer to the Declarants. The <br />Consenting Parties for the Mall consisting of one Consenting Party for each parcel of the <br />Land, currently owned in its entirety by the Declarants. In the event that a portion of the <br />Land is transferred to an unrelated third party, said Owner shall become a Consenting Party. <br />Section 2.4 "Declarant" shall mean, collectively, Conestoga Realty LLC, a Nebraska limited <br />liability company, and Conestoga Nassim LLC, a Nebraska limited liability company, until such <br />time as Conestoga Realty LLC and Conestoga Nassim LLC no longer owns any portion of the Conestoga <br />Mall Parcel, at which point the party acquiring their remaining interest in the Conestoga Mall Parcel shall be <br />the Declarant hereunder. <br />Section 2.5 "Default Rate" shall mean the rate of interest that is the lesser of (i) the <br />prime rate then published in The Wall Street Journal plus two (2 %) and (ii) the maximum rate <br />allowed by applicable law. <br />Section 2.6 "Mortgagee" shall mean the holder of a first mortgage, deed of trust or <br />similar security instrument now or hereafter existing of record with respect to the Conestoga <br />Mall Parcel. <br />Section 2.7 "Owner" shall mean and refer to the record owner of an ownership interest <br />in fee to any portion of the Land. <br />Section 2.8 "Outparcel" shall mean and refer to any portion of the Land that has been <br />subdivided into its own parcel for a single tenant. <br />Section 2.9 "Parcel" shall mean and refer to any portion of the Land that has been <br />subdivided into its own parcel, including Outparcels. <br />Section 2.10 "Parties" shall mean and refer to (i) the record owner of an ownership interest <br />in fee to any portion of the Land; or (ii) their designee via lease or sublease. <br />Section 2.11 "Permittee" shall mean (i) the respective Owners of each Parcel comprising <br />the Mall and their respective successors, assigns, heirs, and personal representatives; (ii) such <br />Owners' agents, customers, invitees, licensees, employees, servants, and contractors; (iii) such <br />Owners' leases, subleases, tenants and subtenants and their respective customers, invitees, <br />employees, servants, licensees, concessionaires, contractors, and agents, and (iv) such Owners' <br />land contract purchasers, mortgagees and beneficiaries under deeds of trust. <br />Section 2.12 "Mall" shall mean and refer collectively to all of the Parcels located on the <br />
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