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t r m Q This instrument prepared by (and after recording return to): m n r A r) z 1 Hartman, Simons, Spielman & Wood, LLP 6400 Powers Ferry Road, N.W., Suite 400 Atlanta, Georgia 30339 Ann: Abbye M. Goodling. Esq. X N n x x � k SECOND AMENDMENT TO DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS 1 This Second Amendment to Declaration of Restrictions and Grant of Easements ( "Second Amendment ") is made and entered into on thisQ1day of July, 2002, by and among Robert M. Allen Family Limited Partnership, a Nebraska limited partnership ( "Allen "), Albertson's, Inc., a Delaware corporation ( "Albertson's "), and Home Depot U.S.A., Inc., a Delaware corporation ( "Home Depot "). RECITALS A. Allen and Albertson's entered into a certain Declaration of Restrictions and Grant of Easements dated March 11, 1999 (the "1999 Declaration "). The 1999 Declaration was recorded on June 24, 1999 as Instrument No. 99- 106376 in the Official Records of Hall County, Nebraska. The 1999 Declaration was amended by a certain First Amendment to Declaration of Restrictions and Grant of Easements dated August 21, 2000 (the "First Amendment "). The First Amendment was recorded on September 25, 2000 as Instrument No. 00- 007944. The 1999 Declaration and the First Amendment are hereinafter collectively referred to as the "Original Declaration." The 1999 Declaration, the First Amendment and this Second Amendment are hereinafter collectively referred to as the "Declaration ". B. The Declaration encumbers Parcels 1 through 5 and 14 through 29 as shown on Exhibit A attached hereto and incorporated herein and more particularly described on Schedule I, attached hereto and incorporated herein by this reference (the "Shopping Center "). Subsequent to the recordation of the Original Declaration, Lots 1 -9 and Lots 24 -29 of Meadowlark West Third Subdivision (shown on Exhibit A as Parcels 1 -9 and Parcels 24 -29, respectively) were replatted and are now Lots 1 to 15 (both inclusive) of Meadowlark West Fourth Subdivision. As 1 Second Amendment to Declaration Grand Island 857206.3 5761712 1631.1971000 N N c7 N D p r c0 m c r— Z —i m " co ca Gll p C� CZ Tz a ° t x rn N rr> m v ➢ m p to r%a v � A N 3 cell m N an O SECOND AMENDMENT TO DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS 1 This Second Amendment to Declaration of Restrictions and Grant of Easements ( "Second Amendment ") is made and entered into on thisQ1day of July, 2002, by and among Robert M. Allen Family Limited Partnership, a Nebraska limited partnership ( "Allen "), Albertson's, Inc., a Delaware corporation ( "Albertson's "), and Home Depot U.S.A., Inc., a Delaware corporation ( "Home Depot "). RECITALS A. Allen and Albertson's entered into a certain Declaration of Restrictions and Grant of Easements dated March 11, 1999 (the "1999 Declaration "). The 1999 Declaration was recorded on June 24, 1999 as Instrument No. 99- 106376 in the Official Records of Hall County, Nebraska. The 1999 Declaration was amended by a certain First Amendment to Declaration of Restrictions and Grant of Easements dated August 21, 2000 (the "First Amendment "). The First Amendment was recorded on September 25, 2000 as Instrument No. 00- 007944. The 1999 Declaration and the First Amendment are hereinafter collectively referred to as the "Original Declaration." The 1999 Declaration, the First Amendment and this Second Amendment are hereinafter collectively referred to as the "Declaration ". B. The Declaration encumbers Parcels 1 through 5 and 14 through 29 as shown on Exhibit A attached hereto and incorporated herein and more particularly described on Schedule I, attached hereto and incorporated herein by this reference (the "Shopping Center "). Subsequent to the recordation of the Original Declaration, Lots 1 -9 and Lots 24 -29 of Meadowlark West Third Subdivision (shown on Exhibit A as Parcels 1 -9 and Parcels 24 -29, respectively) were replatted and are now Lots 1 to 15 (both inclusive) of Meadowlark West Fourth Subdivision. As 1 Second Amendment to Declaration Grand Island 857206.3 5761712 1631.1971000 N