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200207725 Grand Island, (ii) is in compliance with this Declaration, and (iii) is in compliance with all applicable laws and ordinances. Pursuant to Sections 2.1(b) and 2.5 of the Declaration, Allen and Albertson's hereby approve the Site Plan as it pertains to Common Area improvements located within the Building Envelope on the HD Parcel. 7. Staging Area. Allen and Albertson's hereby consent to the Home Depot construction staging area on Parcels 28 and 29 as outlined on Exhibit A attached hereto (the "Staging Area "). In consideration of Home Depot's agreement to develop the HD Parcel, Allen, the Owner of the Staging Area, hereby grants and conveys to Home Depot and its contractors and consultants, a temporary, exclusive easement on, over and across the Staging Area, for the placement and storage of building materials, equipment, vehicles and machinery to be used in connection with the development of the HD Parcel, as well as for the location of a construction trailer and for the use of workers in connection with such development. Said easement shall expire on December 31, 2003, or such earlier date as Home Depot may elect in a written notice to Allen. At the end of the term of the easement, Home Depot shall return the Staging Area to Allen free of litter and debris. Also, Home Depot shall repair any damage to the Staging Area and shall fine grade and power seed the Staging Area as soon as weather permits. Home Depot agrees to defend, indemnify and hold Allen and its agents, employees and partners (collectively, the "Indemnified Parties ") harmless from and against all loss, cost, damage and expense (including reasonable attorneys' fees and costs) incurred by the Indemnified Parties by reason of the use of the Staging Area by Home Depot and its contractors, employees and consultants. 8. Center Pylon Signs. Sections 4.3(a) is modified by adding at the end of the Paragraph the following language: "The parties hereby acknowledge that there are currently two (2) pylon signs located at the Shopping Center. One such existing pylon sign is located near the intersection of Allen Drive and l3th Street, and is hereinafter referred to as "Center Pylon Sign B." The other such existing Pylon Sign is located near the intersection of Webb Road and 13th Street, and is hereinafter referred to as "Center Pylon Sign A." The parties further acknowledge that prior to the grand opening of the store on the HD Parcel, the following three (3) additional signs will be constructed and placed in operation: (i) a pylon sign on Parcel 16 ( "Center Pylon Sign C "); (ii) a pylon sign near the intersection of Allen Drive and Faidley Avenue on Parcel 10 ( "Center Pylon Sign D "); and (iii) a pylon sign on Parcel 29 ( "Center Pylon Sign E "). Center Pylon Sign A, Center Pylon Sign B, Center Pylon Sign C, Center Pylon Sign D and Center Pylon Sign E are hereinafter individually referred to as a "Center Pylon Sign" and collectively referred to as the "Center Pylon Signs ", and their respective locations are shown on Exhibit A attached hereto." 3 Second Amendment to Declaration Grand Island 857206.3 5761742 1631.1971000 W