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200207724 <br />Parcels. The remaining lots within the Meadowlark West 'I hird Subdivision were not replotted <br />and retain their original respective legal descriptions and Parcel designations_ <br />WHEREAS, Home Depot has purchased (or is about to purchase) Parcel 5 as depicted <br />on the Site Plan attached hereto as Exhibit "A" from Allen. <br />WHEREAS, Allen and Alberison's desire to make IIome Depot a party to the CAMA <br />and the Patties desire to further amend the CAMA in accordance with the terms and conditions <br />set forth herein. <br />NOW TIIEREP'ORE, for and in consideration of the .cum of Ten and No /100 Dollars <br />($10.00) and other valuable consideration paid by each to the other, the receipt and sufficiency of <br />which are hereby acknowledged, the Parties hereto modify and amend the CAMA as follows: <br />1. Recitals. Except as set forth herein, the recitals are incorporated herein as if set forth in <br />full. <br />2_ Defined Terms. Unless otherwise specifically provided for herein, all capitalized terms <br />not defined herein shall have the same meaning ascribed to them in the CAMA. <br />3. Site Plan. The site plan attached to the CAMA as Exhibit "A" is hereby deleted in its <br />entirety and the site plan attached hereto as Exhibit "A" (the "Site Plan ") is hereby <br />inserted in its place. <br />4. Schedule I — Legal Description. The legal description of the Shopping Center contained <br />in Schedule 1 of the CAMA is hereby deleted in its entirety, and the legal description of <br />the Shopping Center contained in Schedule I attached hereto is substituted in lieu thereof. <br />All references in the CAMA to Schedule i shall be deemed to refer to Schedule I of this <br />Amendment. <br />5. Owners. Home Depot shall hereafter be deemed to be an "Owner" along with Allen and <br />Albertson's. <br />6. Declaration of Restrictions anti Grant of Easements. "Declaration" shall mean that <br />certain Declaration of Restrictions and Grant of Easements dated March 11, 1999 and <br />recorded on June 24, 1999 as Instrument No. 99- 106376 in the Official Records, IIall <br />County, Nebraska, as same may he amended from time to time. <br />7. Proportionate Share of Common Area Expenses. The chart set forth in Section 7.5 of <br />the CAMA is hereby deleted in its entirety and the following chart is hereby inserted in <br />lieu thereof: <br />575$7 -7 1611. 1911(XX) <br />