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202004171 Fourth Amendment to Declaration of Restrictions and Grant of Easements dated August 29, 2011 (the "Fourth Amendment"). The Fourth Amendment was recorded on August 30, 2011 as Instrument No. 0201106471. The 1999 Declaration, the First Amendment, the Second Amendment, the Third Amendment and Fourth Amendment were amended by a certain Fifth 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. 201501810. The 1999 Declaration, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment and this Sixth Amendment are hereinafter collectively referred to as the "Declaration"). B. Allen Phase III LLC is the owner of Parcel 11, legally described as Lots 1 and 2, Meadowlark West Tenth Subdivision, a subdivision, as surveyed, platted and recorded in Hall County, Nebraska, being a replat of all of Lot 11, Meadowlark West Third Subdivision, a subdivision, as surveyed, platted and recorded in Hall County, Nebraska (hereinafter referred to as "Lots 1 and 2"), as depicted on the Site Plan attached hereto as Exhibit "A". C. Nebraska Tunnel Wash I, LLC, a Nebraska limited liability company, is about to enter into a Land Lease Agreement with Allen Phase III LLC for the development and construction of a Tommy's Car Wash on Lot 2. D. The Property Owners are the Owners of the Parcels containing in the aggregate at least ninety percent (90%) of the total square footage of Building Area in the Shopping Center as required by Section 8.5 of the 1999 Declaration for the purpose of modifying the Declaration. below. E. The parties desire to make certain modifications to the Declaration as set forth Agreement 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: 1. Recitals. Except as set forth herein, the recitals are incorporated herein as if set forth in full. 2. Capitalized Terms. All capitalized terms that are not defined in this Sixth Amendment shall have the meanings respectively given to them in the 1999 Declaration, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment and the Fifth Amendment. 3. Conflict or Inconsistency. In the event of any conflict or inconsistency between the provisions of this Sixth Amendment and the 1999 Declaration, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment or the Fifth Amendment, the provisions of this Sixth Amendment shall control. 2