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<br />11. Use Restrictions. The following Section 5.1(f) is hereby added to the
<br />Declaration:
<br />"(f) So long as a home improvement center, such as Home Depot, Lowe's or
<br />Menard's, is being operated within the HD Parcel and during such time as such home
<br />improvement center is closed for remodeling or for restoration following a casualty or
<br />taking, no portion of the Shopping Center and/or Phase 3 as identified on the Site Plan
<br />(except the HD Parcel) may be used for a home improvement center, such as Lowe's or
<br />Menard's, hardware store such as Ace Hardware, or other retail store whose principal
<br />business is the sale of lumber, hardware items, plumbing supplies, electrical supplies,
<br />paint, wallpaper, carpeting, floor coverings, cabinets, siding, ceiling fans, gardening
<br />supplies, nursery products, major appliances, pool supplies and Christmas trees, or for
<br />any outdoor garden center or greenhouse selling live plants, trees, shrubbery or other
<br />vegetation. Anything to the contrary notwithstanding, nothing herein shall be interpreted
<br />to preclude (a) the owner or occupant of Parcel 4 (Gordmans Parcel) from selling or
<br />dispensing one or more of the foregoing items as an incidental part of its business, or (b)
<br />the sale of any one or more of the foregoing items by a supermarket such as Albertson's,
<br />or a discount department store such as Wal -Mart or Target, or a discount warehouse store
<br />such as Sam's Wholesale Club, Price Club or Costco, or an electronics and appliance
<br />store such as Circuit City or Best Buy, or any furniture store; provided, however, that any
<br />furniture store that sells floor coverings or carpeting (or both) shall be prohibited. The
<br />foregoing exclusive shall not apply to Parcel 2 or Parcel 24 so long as Albertson's, or its
<br />affiliates or assigns is the tenant or Owner of said Parcels."
<br />12. Release and Relocation of Detention Cell Property. A part of Parcel 5 (also
<br />known as the HD Parcel) contained, prior to the replat, a portion of the "Not -A -Part Detention
<br />Cell" parcel (commonly known as Detention Cell B -6A) as shown on Exhibit A of the Original
<br />Declaration (the "Old Detention Cell Property"), which served the Shopping Center. Allen has
<br />caused the City of Grand Island to exchange and transfer the Old Detention Cell Property for the
<br />Outlot A (4`h Subdivision) Detention Cell (the "New Detention Cell Property "), which is
<br />depicted on Exhibit A attached hereto. The New Detention Cell Property is hereby released from
<br />the terms and provisions of (i) the Declaration, (ii) that certain unrecorded "Covenant Regarding
<br />Certain Uses (Phase 3)" dated March 11, 1999; and (iii) the Common Area Maintenance
<br />Agreement dated March 11, 1999, and recorded on June 24, 1999, as Document No. 99- 106377;
<br />and (iv) the Development Agreement dated March 11, 1999, and recorded on June 24, 1999 as
<br />Document No. 99- 106375. The parties hereto agree that that portion of Parcel 5 previously
<br />included within the Old Detention Cell Property is subject to this Declaration.
<br />6 Second Amendment to Declaration
<br />Grand Island 857206.3
<br />576175 -2 1631.1971000
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