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200316111 <br />(h) maintenance and replacement of all lighting equipment, facilities <br />and identification signs. <br />The standard of care applicable to repairs and maintenance required under this <br />Declaration shall be that of a first -class shopping center. <br />The Owner of each Burdened Parcel will operate, maintain and replace all sewers and <br />utilities located within the boundaries of such Burdened Parcel in sound structural and <br />operating condition (except to the extent that such operation and maintenance is performed by <br />public authorities or utilities) and any expenses occasioned thereby will be borne by the <br />Owners of the Benefited Parcel or Parcels which are serviced by such utility facilities in the <br />ratio which the gross land area of each Benefited Parcel bears to the total gross land area of all <br />Benefited Parcels; provided, however, that each Owner will pay the costs associated with the <br />construction, operation, maintenance and replacement of utilities and the consumption of utility <br />services which relate solely to the improvements located on an individual Parcel, and no other <br />Owner will have any liability with respect thereto. <br />2.9 Albertson's Declaration. To the extent applicable, if at all, the Parcels shall be <br />subject to and the Owner of each Parcel shall perform any obligations imposed upon such <br />Owner or such Parcel, as the case may be, under that certain Declaration of Restrictions and <br />Grant of Easements dated March 11, 1999, between the Robert M. Allen Family Limited <br />Partnership, a Nebraska limited partnership, and Albertson's, Inc., a Delaware corporation, <br />recorded June 24, 1999 as Instrument No. 99- 106376 in the Official Records of Hall County, <br />Nebraska, as amended by a certain First Amendment to Declaration of Restrictions and Grant <br />of Easements dated August 21, 2000 and recorded on September 25, 2000 as Instrument No. <br />00- 0007944 in the Official Records of Hall County, Nebraska, and as further amended by a <br />certain Second Amendment to Declaration of Restrictions and Grant of Easements dated <br />July 24, 2002 and recorded July 25, 2002 as Instrument No. 0200207725 in the Official <br />Records of Hall County, Nebraska. <br />2.10 Albertson's Covenant Regarding Certain Uses. The Owner of each Parcel <br />acknowledges that each Parcel is subject to that certain Covenant Regarding Certain Uses <br />(Phase 3) dated March 11, 1999, between the Robert M. Allen Family Limited Partnership, a <br />Nebraska limited partnership, and Albertson's Inc., a Delaware corporation, and recorded <br />April 21, 1999 as Instrument No. 99- 106378 in the Official Records of Hall County, <br />Nebraska. <br />3. Uses. In addition to those use restrictions contained in the Covenant Regarding Certain <br />Uses (Phase 3) described in Section 2.10 immediately above, and, except as otherwise <br />permitted by the Declarant or its designee, no use shall be permitted in the Shopping Center <br />which is inconsistent with a first -class mixed use retail shopping center. Without limiting the <br />generality of the foregoing, the following uses shall not be permitted: <br />2 <br />