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201806'742
<br />RELEASE AGREEMENT
<br />This Release Agreement is made and entered into as of September 23, 2008, by and
<br />between Robert M. Allen Family Limited Partnership, a Nebraska limited partnership ("Allen")
<br />and BNS Property III, L.L.C., a Nebraska limited liability company ("BNS").
<br />WHEREAS, Allen and Albertson's, Inc., a Delaware corporation, as predecessor in
<br />interest to BNS by assignment dated August 16, 2004, entered into that certain Shopping
<br />Center Ground Lease, dated March 11, 1999 ('Grocery Store Lease"), whereby BNS leases
<br />from Allen the real property legally described as Lot 5, Meadowlark West Fourth Subdivision, a
<br />subdivision, as surveyed, platted and recorded in Hall County, Nebraska (the 'Grocery Store
<br />Property");
<br />WHEREAS, Allen and Albertson's, Inc., a Delaware corporation, as predecessor In
<br />interest to BNS by assignment dated August 16, 2004, entered into thatcertain
<br />BNS leases from
<br />Center Ground Lease, dated March 11, 1999 ("Gas Station Lease"),
<br />Allen the real property legally described as Lot 3, Meadowlark West Fourth Subdivision, a
<br />subdivision, as surveyed, platted and recorded in Hall County, Nebraska (the "Gas Station
<br />Land");
<br />WHEREAS, as of the date hereof, Alien and BNS have conveyed their respective
<br />interest in the Grocery Store Lease, Grocery Store Property, Gas Station Lease and Gas
<br />Station Property to Grand Island Venue, L.L.C., a Nebraska limited liability company;
<br />WHEREAS, Allen and BNS desire to enter into this Release Agreement whereby (i) BNS
<br />shall be released from any and all claims, causes of action, demands, rights or damages, costs,
<br />losses, liabilities, expenses or compensation whatsoever, known or unknown, which Allen may
<br />have against BNS in connection with the Grocery Store Lease, Grocery Store Property, Gas
<br />Station Lease or Gas Station Property and (i) Allen shall be released from any and all claims,
<br />causes of action, demands, rights or damages, costs, losses, liabilities, expenses or
<br />compensation whatsoever, known or unknown, which BNS may have against Allen in
<br />connection with the Grocery Store Lease, Grocery Store Property, Gas Station Lease or Gas
<br />Station Property.
<br />NOW THEREFORE, in consideration of the mutual promises contained in this Release
<br />Agreement and other good and valuable consideration, the receipt and sufficiency of which is
<br />hereby acknowledged, Allen hereby agrees as follows:
<br />1. Release by Allen. In exchange for payment of outstanding Common Area
<br />Maintenance charges under the Grocery Store Lease and Gas Station Lease, the
<br />reimbursement of previous paving assessments paid by Allen to the City of Grand Island and
<br />the payment of outstanding paving assessments due to the City of Grand Island, Allen and its
<br />successors and assigns hereby release and discharge BNS and all of their representatives,
<br />agents, employees, officers, directors, shareholders. assigns, successors, parents, affiliates and
<br />subsidiaries from any and all claims, causes of action, demands, rights or damages, costs,
<br />losses, liabilities, expenses or compensation whatsoever, known or unknown, direct or Indirect,
<br />which Allen may have against BNS. Such release includes but is not limited to, any obligations
<br />set forth In the Grocery _Store_Lease9LGas Station Lease and any amounts owed or paid by
<br />Allen in connection with the Gas Station Property or Grocery Store Property.
<br />451246.1
<br />Exhibit "A"
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