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3 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Albertson's, Inc. 13 Attention: Legal Department . 250 Parkcenter Blvd. 4 Boise, ID 83706 M ;0 1 1, (i � n i m PIZ M . `' CZ) ° M n Z tV CD m O ra C) ca. ,•�. O o 'n O tn 2 co O cn r D c0 c Co co ► cn 1 W cn C0 cn , # 2265 — Hwy 281 & 13" St. Grand Island, NE 1 � CONSENT AGREEMENT �;` THIS CONSENT AGREEMENT ( "Consent ") is entered into as of the -day of October 2000, by and between Albertsons, Inc., a Delaware corporation ( "Albertson's "), and Robert M. Allen Family Limited Partnership, a Nebraska limited partnership ( "Allen "). 1. Albertson's and Allen are parties to that certain Declaration of Restrictions and Grant of Easements dated March 1, 1999 and recorded June 24, 1999 as Instrument No. 99- 106376 in the records of Hall County, Nebraska, as amended by the First Amendment to Declaration and Grant of Easement dated September 21, 2000 and recorded September 25, 2000 as Instrument No. 020007944 in the records of Hall County, Nebraska (collectively the "Declaration "), concerning that certain real property located at the southeast corner of the intersection of 13th Street and Highway 281 in the City of Grand Island, County of Hall, State of Nebraska, which property is depicted on the site plan attached hereto as Exhibit "A" and incorporated herein by reference (the "Site Plan "), and which real property is more particularly described on Schedule "I" hereto and incorporated herein by reference (the "Shopping Center "). Albertson's and Allen are the Consenting Parties under the Declaration. 2. Paragraph 5.3(a) of the Declaration restricts the restaurant use of Parcel 1 of the Shopping Center to a sandwich, bagel, or yogurt shop and/or carry -out pizza operation provided that no single restaurant provides seating for more than 35 customers or exceeds two thousand (2000) square feet of Floor Area. Allen has negotiated a lease with Quizno's Sandwich Shop.