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<br />200807157 <br /> <br />Declarant: <br /> <br />Allen 281 LLC <br />Allen 13th Street LLC <br />Robert M. Allen Family Limited Partnership <br />Allen Webb Road LLC <br />P.O. Box 987 <br />1115 West 2nd Street <br />Hastings, NE 68902-0987 <br />Attention: Robert M. Allen <br /> <br />Owner: <br /> <br />Village Development - Grand Island, L.L.C. <br />1045 Lincoln Mall, Suite 300 <br />Lincoln, NE 68508 <br />Attention: Tamas R. Allan <br /> <br />or to such other person or address as Declarant or Owner may direct from time to time by written <br />notice forwarded in accordance herewith. <br /> <br />6. Notwithstanding any custom, rule of interpretation or construction, or otherwise, <br />neither this Declaration, nor any portion hereof, shall be construed more strongly against any <br />party who prepared it. <br /> <br />7. This Declaration shall not be modified or amended in any respect except by a <br />writing executed, delivered and recorded in the records of Hall County, Nebraska, and signed by <br />the record owners of Lots 14 through 18, inclusive, Lots 22 and 23, Meadowlark West Third <br />Subdivision, and Lots 1 and 2, Lots 4 through 6, inclusive, and Lots 11 and 12, Meadowlark <br />West Fourth Subdivision, Grand Island, Hall County, Nebraska, as surveyed, platted and <br />recorded. <br /> <br />8. This Declaration shall be governed by and construed in accordance with the laws <br />ofthe State of Nebraska. The invalidity of any provision of this Declaration shall not in any way <br />invalidate the remaining provisions of this Declaration. <br /> <br />9. This Declaration shall be binding against Declarant and its successors and assigns, <br />as covenants running with the Subject Property, and shall inure to the benefit of Owner and its <br />successors and assigns, as appurtenant to their respective interest in Owner's Parcel. <br /> <br />10. Notwithstanding anything to the contrary in this Declaration, the terms of this <br />Declaration shall expire and be of no further force and effect at such time as a Walgreens, CVS, <br />Rite Aid or other national or regional drug store ceases operations from the Owner's Parcel <br />(excluding periods of remodeling and restoration due to casualty, repairs, strike, alterations, <br />temporary loss of licenses or other causes beyond the user's control). <br /> <br />3 <br />