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2 >n+ <br />M n <br />S I <br />, <br />I j <br />Ul <br />I <br />El <br />t _v v <br />This insirvm u' <br />ent oreoarcJ by 1 ry M � <br />J after recording return tut <br />Hartman, Simons, Spielman & W.M. LLP N { �^- <br />(v400 Powers Ferry Raad, N.W. <br />Snite 400 <br />Atlanta, Georgia 30339 <br />Ann- AFbye M. Goudling, Fsq. ^r <br />FIRST AMENDMENT TO COMMON AREA <br />MAINTENANCE AGREEMENT <br />THIS FIRST AMENDMENT TO COMMON AREA MAINTENANCE <br />AGREEMENT (this "Amendment') is hereby made and entered into as of this & day of <br />July, 2002, by and among ROBERT M. ALLEN FAMILY LIMITED PARTNERSHIP, a <br />Nebraska limited partnership ('Allen'), ALBERTSON'S, INC., a Delaware corporation <br />( "Albertson's ") and HOME DEPOT U.S.A., INC., a Delaware corporation ('Hume Depot"). <br />Allen, Albertson's and Home Depot may sometimes he collectively referred to herein as the <br />"Parties" and individually as a "Party." <br />W ITN ES S F. T H: <br />WHEREAS, Allen and Albertson's entered into that certain Common Area Maintenance <br />Agreement ('CAMA ") dated March 11, 1999 and recorded June 24, 1999 as Instrument No. <br />99- 106377 in the Official Record Books of Hall County, Nebraska, whereby Allen and <br />Albertson's provided for the common operation, cleaning, maintenance, repair, replacement and <br />insurance of the Common Area of that certain Shopping Center known as Eagle Run Shopping <br />Center, located in Grand Island, Nebraska (as more particularly described in the CAMA). <br />WHEREAS, the CAMA encumbers Parcels I through 5 and 14 through 29 as shown on <br />Exhibit "A" attached hereto and incorporated herein and more particularly described on Schedule <br />1, attached hereto and incorporated herein by this reference (the 'Shopping Center "). <br />Subsequent to the recordation of the LAMA, Lots 1 -9 (both inclusive) and Lots 24 -29 (both <br />inclusive) of Meadowlark West 'Third Subdivision (shown on Exhibit "A" as Parcels 1 -9 and <br />Parcels 24 -29, respectively) were replattod and are now Lots 1 to 15 (both inclusive) of <br />Meadowlark West Fourth Subdivision. As a result of the replat, the land area and designation of <br />Parcels 3 to 9 (both inclusive) of the CAMA were altered to the configuration shown on <br />Exhibit "A" attached hereto. Schedule 7, attached hereto, also represents the reconfigured <br />1111112 1431.0111 -NI <br />