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200207725 a result of the replat, the land area and designation of Parcels 3 to 9 (both inclusive) of the Original Declaration were altered to the configuration shown on Exhibit A attached hereto. The remaining lots within the Meadowlark West Third Subdivision were not replatted and retain their original respective legal descriptions and Parcel designations. C. Home Depot has purchased (or is about to purchase) Parcel 5 as depicted on the Site Plan attached hereto as Exhibit A (sometimes referred to as the "HD Parcel "). Upon its purchase of Parcel 5, Home Depot will become a "Consenting Owner" (as that term is defined in Section 1.2 (i) of the 1999 Declaration). D. The parties desire to make certain modifications to the Original Declaration as set forth below. Agreement Now, therefore, in consideration of the foregoing Recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Recitals. Except as set forth herein, the recitals are incorporated herein as if set forth in full. 2. Capitalized Terms. All capitalized terms that are not defined in this Second Amendment shall have the meanings respectively given to them in the Original Declaration. 3. Conflict or Inconsistency. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the Original Declaration, the provisions of this Second Amendment shall control. 4. Modified Site Plan. Exhibit A of the Original Declaration is hereby deleted in its entirety, and Exhibit A of this Second Amendment is inserted in its place. All references in the Declaration to "Common Areas ", "Building Areas ", "Building Envelopes ", "Expansion Area" and "Parcels" shall be deemed to refer to such items on Exhibit A of this Second Amendment. 5. Schedule I — Legal Description. The legal description of the Shopping Center contained in Schedule I of the Original Declaration is hereby deleted in its entirety, and the legal description of the Shopping Center contained in Schedule I attached hereto is substituted in lieu thereof. All references in the Declaration to Schedule I shall be deemed to refer to Schedule I of this Second Amendment. 6. Approval of Plans; Home Depot Building Envelope. Pursuant to Sections 23(a) and 23(f) of the Declaration, Allen and Albertson's hereby approve Home Depot's Building Design Drawings and the height of the proposed Home Depot building. Pursuant to Sections 2.1 and 2.5 of the Declaration, Allen and Albertson's hereby approve the Building Envelope on the HD Parcel shown on Exhibit A, and agree that the Owner of the HD Parcel shall have the right to modify its Building footprint in any manner that (i) is acceptable to the City of 2 Second Amendment to Declaration Grand Island 857206.3 5761742 16311971000 Cil