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200610446 WHEREAS, Developer, Hy-Vee and Kohl's are the sole Approving Parties under the tenns of the Original OEA, as amended by the First Amendment, required to consent to this Amendment. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and legal sufficiency which are hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals Defined Tenns. The foregoing recitals are hereby fully incorporated into this Amendment. All capitalized tenns used in this Amendment shall, unless otherwise specifically provided herein, have the same meaning as those tenns are defined to have in the Original OEA, as amended by the First Amendment. The Original OEA, as amended by the First Amendment, and as further modified by this Amendment, is referred to herein as the OEA. 2. Building Restrictions. Section 3.3(c) of the Original OEA is hereby deleted in its entirety and replaced with the following: (c) The height of any Building shall be measured perpendicular from the finished floor elevation of the ground level of the Building to the top of the roof structure, including any screening, parapet, penthouse, mechanicai equipment or similar appurtenance located on the roof of such Building. Any Party shall have the right to install, maintain, repair, replace and remove Communications Equipment used in connection with the business being conducted by an Occupant on the top of the Building on its Tract which may extend above the height limits established above; provided, however, such Communication Equipment shall be set back from the front of the Building to reduce visibility thereof by customers. Furthennore, the Occupant of the Outlot legally described as Lot I, Martin's Third Subdivision, County of Hall, State of Nebraska ("Lot 1 ") may locate Communications Equipment in the Common Areas of such Outlot, which Communications Equipment may extend above the height limits established in Section 3.3(b) in a form and location approved by the Approving Parties. As used herein, the phrase "Communications Equipment" means such things as satellite and microwave dishes, antennas and laser heads, together with associated equipment and cable. The Approving Parties have consented to the development of a cellular tower on Lot I in the location, form and height shown on the supplement to Exhibit X attached to this Amendment. 3. Use. Section 7.I(a)(i) of the Original OEA is hereby deleted in its entirety and replaced with the following: (i) Any use which emits an obnoxious odor, noise, or sound which can be heard or smelled outside of any Building in the Shopping Center (except that this provision shall not prohibit nonnal cooking odors, coffee smells or other food or beverage odors which are associated with a Restaurant operation or food or beverage retail use of any kind or nature, all of which odors shall not constitute obnoxious odors for purpose of this OEA as long as such odors do not rise to the level of a nuisance under common law of the State of Nebraska). 2 (J18S 8.18.5/22/2006 11:3 S AM JEPE.A0222704. DOC;4)