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(i) . - ,. . 1ft m ~ "It ~ - c Z .....,. I\J n c:.:. !B s - II x E c ~~,. ~ nUl S ~ ~ O-i 0 l!1 ::0 c: ):>- Q:l ~f' c::: Z-i N ~ cSl ~ :E: C") -I m -.....J <n _ -<0 0 -->. 0": ........ Z Ul ""TJ CO 0-., 0 ~ Ul ~r "'z ::r: 1'1 CO ::D -0 :to>- [,J:'l a c: 0, ::3 r- AJ :s:: (/'l '):>- -:J rn w (j) ~ ::><: ........ ~ M .l> :z .............''--" en 0 c.n Ul cd en THIRD AMENDMENT TO DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENT~ 200807155 This Third Amendment to Declaration of Restrictions and Grant of Easements ("Third Amendment") is made and entered into on this I :5w..day of A-P'A\A.<:;-r , 2008 ("Effective Date"), by and among ROBERT M. ALLEN FAMILY LIMITED P RTNERSHIP, a Nebraska limited partnership ("Allen"); ALLEN PARCEL 24 LLC, a Nebraska limited liability company ("Allen 24"); BNS PROPERTY III, L.L.C., a Nebraska limited liability company ("BNS"); and HOME DEPOT U.S.A., INC., a Delaware corporation ("Home Depot"). ~ ~ o RECITALS A. Allen and Albertson's, Inc. ("Albertson's") entered into a certain Declaration of Restrictions and Grant of Easements dated March 11, 1999 (the "1999 Declaration"). The 1999 Declaration was recorded on June 24, 1999 as Instrument No. 99-106376 in the Official Records of Hall County, Nebraska. The 1999 Declaration was amended by a certain First Amendment to Declaration of Restrictions and Grant of Easements dated August 21, 2000 (the "First Amendment"). The First Amendment was recorded on September 25, 2000 as Instrument No. 00-007944. The 1999 Declaration and the First Amendment are hereinafter collectively referred to as the "Original Declaration", The 1999 Declaration and the First Amendment were amended by a certain Second Amendment to Declaration of Restrictions and Grant of Easements dated July 24, 2002 (the "Second Amendment"). The Second Amendment was recorded on July 25, 2002 as Instrument No. 02-00207725. The 1999 Declaration, the First Amendment, the Second Amendment and this Third Amendment are hereinafter collectively referred to as the "Declaration". B. Village Development - Grand Island, L.L.C. has purchased (or is about to \ purchase) Parcels 25 and 26 as depicted on the Site Plan attached hereto as Exhibit "A" (sometimes referred to as the "Walgreens Parcel"). C. Allen, BNS and Home Depot are the Owners of the Parcels containing at least ninety percent (90%) of the total square footage of Building Area in the Shopping Center as required by Section 8.5 of the 1999 Declaration for the purpose of modifying the Declaration. D. below. The parties desire to make certain modifications to the Declaration as set forth 426076.~' . PROFESSfONAl TITLE ANI) ESCROW CO. 8535 EXECUTIVE WOODt DRIVE, #300 UNCOLN, HE 68512 L.'-{333L f/ f\\o