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<br />, ' <br /> <br />200801579 <br /> <br />DECLARANT APPROVAL <br /> <br />THIS DECLARANT APPROVAL is made this 2Q1b day of February <br />2008, by Allen Phase III LLC, a Nebraska limited liability company ("Declarant"). <br /> <br />WHEREAS, Declarant caused to be filed that certain Declaration of Easements, <br />Covenants, Conditions and Restrictions for a Part of Meadowlark West Third and <br />Meadowlark West Fourth - Subdivisions in Grand Island, Hall County, Nebraska, dated <br />December 10, 2003, recorded December 17, 2003 as Document No. 0200316111 (the <br />"ECR"). <br /> <br />WHEREAS, the ECR includes certain use restrictions with respect to that certain <br />real property subject to the ECR, as legally described on Exhibit A attached hereto and <br />incorporated herein by this reference (the "Declarant Property"). <br /> <br />WHEREAS, a portion of the Declarant Property legally described on Exhibit B <br />attached hereto ("Hotel Property") is being developed for use as a motel. <br /> <br />WHEREAS, the ECR permits the Declarant to consent to uses on the Declarant <br />Property which would otherwise be prohibited pursuant to the ECR. <br /> <br />NOW, THEREFORE, Declarant hereby approves the following: <br /> <br />In accordance with Section 3 of the ECR and in exercise of the approval rights <br />expressly reserved to Declarant therein, Declarant hereby approves the use of the Hotel <br />Property for a motel and such other uses as may be necessary or incidental thereto (the <br />"Intended Use"). Declarant agrees that nothing contained in the ECR will be deemed to <br />prohibit or limit the use of the Hotel Property for the Intended Use. In particular, <br />Declarant agrees that the restriction contained in Section 3(x), prohibiting using the land <br />for "lodging rooms" and Section 3(xv), prohibiting using the land for "any health spa, <br />fitness center or workout facility", will not apply to the Hotcl Property. Declarant <br />represents that pursuant to the approval rights expressly reserved to Declarant under <br />Section 3 of the ECR, Declarant has the sole right to approve the use of the Hotel <br />Property for the Intended Use and Declarant does not need the approval of any third <br />party, including, without limitation, the holder of any mortgage or deed of trust on the <br />Declarant Property or any portion thereof. <br /> <br />[Remainder of Page Intentionally Left Blank. <br />Signature Page to Follow.J <br /> <br />411775.2 <br />