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200807155 (d) The following shall be added to the beginning of the last sentence of Section 5.1(d): "Excluding Parcels 25 and 26... ." (e) The following shall be added to the end of Section 5.1 (e): "Notwithstanding the foregoing. the revival of Subsections 5.1 (a). (b) and (c) shall be subject to the terms and provisions of this Third Amendment." (f) Notwithstanding anything to the contrary in Section 5.1 (f). nothing therein shall be Interpreted to preclude Walgreen Co. from selling or dispensing one or more of the items described therein as an incidental part of its business. 8. Outdoor Sales. Notwithstanding anything to the contrary in Section 4.5 of the Declaration, the Common Area located on the sidewalks adjacent to the building on the Walgreens Parcel may be used by Walgreen Co. for the sale or display of merchandise in a manner consistent with its operations in other locations in the State of Nebraska. 9. Buildina and Common Area Development. The Consenting Owners have reviewed the plans for the improvements to be constructed on the Walgreens Parcel prepared by Olsson Associates and Davis Design as received by Allen on January 18. 2008, which are attached hereto as Exhibit "B". (including the site plan. exterior building elevations. and monument sign elevation) and hereby indicate their approval of the same in accordance with Section 2 of the Declaration and, with respect to the drive-thru facilities. Section 5.4 of the Declaration. The Consenting Owners hereby acknowledge and agree that the building to be constructed on the Walgreens Parcel shall have two (2) front elevations on Webb Road and 13th Street. ' 10. Temporarv Sians. Notwithstanding anything to the contrary in the Declaration and subject to obtaining local governmental approvals. Walgreen Co. shall be permitted to install temporary slgnage on the Walgreens Parcel announcing the imminent and/or grand opening of its business. 11. Counterparts. This Third Amendment may be executed in two (2) or more counterparts. each of which shall be deemed an original. and all of which together shall constitute one and the same agreement. 12. Ratification. Except as amended herein, the Declaration remains in full force and effect and the parties hereby ratify and confirm the Declaration as amended hereby. Executed as of the date and year first written above. [THE BALANCE OF THIS PAGE LEFT INTENTIONALLY BLANK - SIGNATURES APPEAR ON THE FOllOWING PAGES] 426076.3 4