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2021 J5789 <br />SUPPLEMENTAL AGREEMENT <br />(IHOP) <br />(NORTHWEST COMMONS) <br />(GRAND ISLAND, HALL COUNTY, NEI3ASKA) <br />THIS SUPPLEMENTAL AGREEMENT (this "Agreement") is made and entered into as of the <br />7th day of July, 2021, by and between GRAND ISLAND JOINT VENTURE, LLC, a Missouri limited <br />liability company ("Developer"), and JAMMAIN, LLC, a Kansas limited liability company ("Owner"). <br />RECITALS <br />A. Developer is the fee owner of the real property located in the City of Grand Island, Hall <br />County, Nebraska, more particularly described on Exhibit A attached hereto and made a part hereof (the <br />"Developer's Property"). <br />B. Owner has purchased from Developer the real property described on Exhibit B attached <br />hereto and made a part hereof (the "Owner Property"). <br />C. Developer's Property and the Owner Property are part of a retail shopping center known <br />as Northwest Commons (the "Shopping Center"). <br />D. Owner desires to develop the Owner Property as a restaurant as more particularly described <br />in this Agreement. <br />E. By reason of the Owner Property being within the immediate vicinity of the Developer's <br />Property, Developer has a substantial interest in the proper and timely development of the Owner Property. <br />F. As additional consideration for the sale of the Owner Property to Owner, the parties have <br />agreed to benefit and burden the Owner Property with the terms, conditions and provisions of this <br />Agreement. <br />AGREEMENT <br />In consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of <br />which is hereby acknowledged, and the mutual covenants hereinafter set forth, the parties, intending to be <br />legally hound, do hereby agree as follows: <br />1. RECITALS. The recitals set forth above are incorporated herein by reference as though <br />fully set forth. <br />2. USE ANI) RESTRICTIONS. <br />(a) Permitted Use. The Owner Property shall initially be used for the construction and <br />operation at least one (1) full day of a fully fixtured, stocked, staffed and branded IHOP restaurant <br />(the "IHOP Restaurant") and for no other use or purpose and not to violate or conflict with the <br />exclusives and restrictions in the Shopping Center, a copy of which has been provided to the Owner <br />at the time of execution of this Agreement. After initially opening and operating as an IHOP <br />Restaurant for at least one (1) full day, the owner of the Owner Property may change the use of the <br />Owner Property for the operation of a single purpose lawful retail or restaurant use normally found <br />in a first-class shopping center, provided such other single purpose retail or restaurant use does not <br />2 <br />