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200207725
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10/15/2011 2:30:48 AM
Creation date
10/22/2005 9:07:53 PM
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DEEDS
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200207725
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200207725 <br />9. Control of Designations on Center Pylon Signs. Sections 4.3(b) and (c) of the <br />1999 Declaration are hereby deleted in their entirety, and the following is inserted in their place: <br />"(b) Control of Designations. Subject to the provision of Section 43(a), <br />the following shall apply with regard to the designations on the Center Pylon Signs: <br />(1) With respect to Center Pylon Sign B, Home Depot shall have the <br />right to cause a panel with the design shown on Exhibit B attached hereto to be <br />placed thereon immediately below the Albertson's panel currently located on <br />Center Pylon Sign B. <br />(ii) With respect to Center Pylon Sign C, Allen shall cause Center <br />Pylon Sign C to be constructed in accordance with the Sign Drawing attached <br />hereto as Exhibit C. Center Pylon Sign C shall include a panel for Home Depot <br />identical to the panel to be placed on Center Pylon Sign B, except that the Home <br />Depot panel shall occupy the top position on Center Pylon Sign C. <br />(iii) With respect to Center Pylon Sign D, Allen shall cause Center <br />Pylon Sign D to be constructed in accordance with the Sign Drawing attached <br />hereto as Exhibit D. Center Pylon Sign D shall include a panel for Home Depot <br />identical to the panel to be placed on Center Pylon Sign B. The Home Depot <br />panel shall occupy the top position on Center Pylon Sign D. <br />(iv) With respect to Center Pylon Sign E, Home Depot shall cause <br />Center Pylon Sign E to be constructed in accordance with the Sign Drawing <br />attached hereto as Exhibit E. Center Pylon Sign E shall include only a panel for <br />Home Depot, and said panel shall have the design shown on said Exhibit E. <br />(v) During the time that Allen is a Consenting Owner, Allen shall be <br />entitled to determine the designations on each of the Center Pylon Signs, provided <br />that Allen shall have no right to modify or terminate those designations set forth <br />in the preceding provisions of this Section 4.3. At such time as Allen is no longer <br />a Consenting Owner, the designations shall be determined by the Consenting <br />Owners for the Phase on which the Center Pylon Sign in question is located, <br />provided that the Consenting Owners shall have no right to modify or terminate in <br />any way the designations set forth in the preceding provisions of this Section 4.3. <br />(vi) During the time that Allen is a consenting Owner, Allen shall have <br />the right to substitute a Shopping Center designation for any one (1) of the <br />business designations on a Center Pylon Sign that is not granted to Albertson's or <br />Home Depot (but, in the case of Albertson's, only as long as the Albertson's <br />Lease is in effect). Such right shall continue as long as Allen is a Consenting <br />Owner, and thereafter substitutions shall be at the discretion of the Consenting <br />Owners for the Parcel on which the Center Pylon sign in question is located, <br />although no substitutions of designations granted to Albertson's or Home Depot <br />4 Second Amendment to Declaration <br />Grand Island 857206.3 <br />576174 -2 1631.1971000 <br />fr <br />
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