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' r S t 99 10E3"�f DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS THIS DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS ("Declaration") is entered into on` ivd%� �� , ��q9 , 1999, between Robert M. Allen Family Limited Partnership, a Nebraska limited partnership ("Allen"), and Atbertson's, Inc., a Delaware corporation ("Albertson's"). 1. PRELIMINARY 1.1 Purpose. The parties plan to develop the Shopping Center (as defined in , Section 1.2[bb]) as an integrated complex primarily featuring retail sales, with associated restaurants, business and medical services, all similar to and consistent with uses which are generally found in quality shopping centers in the same geographical area as the Shopping Center. Therefore, for the mutual benefit of all real property in the Shopping Center, the parties hereby establish the Restrictions (as defined in Section 1.2[y]). 1.2 Definitions. The following terms shall have the definitions ascribed to them below. (a) "Allen Drive": The publicly-dedicated road shown as "Allen Drive" on Exhibit "A," attached hereto and made a part hereof, which road runs on a curved line from north (at 13`h Street) to south (at Faidley Avenue). (b) "Albertson's": Albertson's, Inc., a Delaware corporation, together with any corporation succeeding thereto by consolidation, merger or acquisition of its assets substantially as an entirety, and any wholly owned subsidiary thereof. Albertson's current address is 250 Parkcenter Boulevard, P.O. Box 20, Boise, Idaho 83726. (c) "Albertson's Lease": That certain Shopping Center Ground Lease dated of even date herewith, between Albertson's and Allen (as said lease may be amended and extended from time to time), for Albertson's leasing of Parcel2, a Memorandum of such Shopping Center Ground Lease being recorded immediately prior to this Declaration. (d) "Allen": Robert M. Allen Family Limited Partnership, a Nebraska limited partnership, together with any corporation or other entity succeeding thereto by consolidation, merger or acquisition of its assets substantially as an entirety, and whose current address is c/o Robert M. Allen, 1115 West Second Street, P.O. Box 987, Hastings, NE 68902-0987. (e) "Building Area": All of those areas on each Parcel shown as Building Area on Exhibit "A," together with those portions of the Expansion Area or Building Envelopes which are from time to time covered by a building or other commercial structure. The area shown on Parcel2 on Exhibit "A" as "Indoor Seasonal Sales Area" shall be considered Building