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200207725
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Last modified
10/15/2011 2:30:48 AM
Creation date
10/22/2005 9:07:53 PM
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DEEDS
Inst Number
200207725
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200207725 <br />shall be permitted (but, in the case of Albertson's, only as long as the Albertson's <br />Lease is in effect). <br />(c) Cost of Center Pylon Signs. The cost of installing, illuminating, <br />maintaining, repairing and replacing each of the Center Pylon Signs A, B, C, D and E <br />(excluding electrical hookup to the Common Area meter) shall be paid by the Owners of <br />all Parcels displaying designations on the Center Pylon Sign in question, in the proportion <br />that the total square footage of each Owner's designation or designations bears to the <br />total square footage of all designations displayed thereon, and each person displaying a <br />designation on a Center Pylon Sign shall supply and maintain its own fascia and can. <br />The design of each Center Pylon Sign structure, and the size, design and location of sign <br />fascia thereon, shall be subject to the prior written approval of the Consenting Owners for <br />the Parcel on which the Center Pylon Sign is located (which approval shall be obtained in <br />accordance with the procedures set forth in Section 2.5). Notwithstanding the foregoing, <br />Albertson's and Home Depot may use such standard fascia as they from time to time use <br />generally in carrying on their businesses. Allen, Albertson's and Home Depot hereby <br />approve the design, size and location of Center Pylon Sign B, Center Pylon Sign C <br />Center Pylon Sign D and Center Pylon Sign E as set forth above. <br />(d) Non - Exclusive Easement. The respective Owners of each Parcel on <br />which a Center Pylon Sign may be installed hereby grant and convey (or will, in <br />connection with their purchase of such a Parcel, grant and convey) to the owner of the <br />Center Pylon Sign on such Parcel (the "Sign Owner "), a perpetual, „non- exclusive <br />easement for the benefit of the Sign Owner for the placement of the Center Pylon Sign, <br />which easement shall include the right to replace and repair the Center Pylon Sign from <br />time to time." <br />10. Outdoor Sales. The following Section 4.5(c) is hereby added to the Declaration: <br />"(c) The seasonal sale of merchandise by the Owner of the HD Parcel is hereby <br />permitted at any time from the area designated as `Garden Center' and the area <br />designated as `Seasonal Sales Area' on Exhibit A attached hereto. In addition, it is <br />understood and agreed that the restrictions set forth in clauses (iii) and (iv) of <br />Section 4.5(b) of the 1999 Declaration shall not apply to the Seasonal Sales Area on the <br />HD Parcel." <br />5 Second Amendment to Declaration <br />Grand Island 857206.3 <br />576174 -2 1631.1971000 <br />W <br />
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