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<br />08.06.2008 <br /> <br />200807161 <br /> <br />File No. 16-471 <br /> <br />EXHIBIT "B" <br /> <br />Permitted Encumbrances <br /> <br />1. General ad valorem real estate taxes and assessments not yet due and payable. <br /> <br />2. Such utility easements as are necessary to supply utility service to the Leased Premises, <br />provided, however, that no easements shall run underneath the Building nor above or <br />immediately adjacent to (and above ground) the Building so as to obstruct visibility of the <br />Building or affect use of the drive through facility. Utility easement areas shall be subject <br />to review and approval by Tenant as part of the Plans under Article 5 and as part of <br />Tenant's title review under Article 17 of the Lease. <br /> <br />3. Easements as granted in the Plat and Dedication of Meadowlark West Third Subdivision <br />recorded June 10, 1999 as Instrument No. 99-105894 in the office of the Register of <br />Deeds of Hall County, Nebraska. <br /> <br />4. Easements as granted in the Plat and Dedication of Meadowlark West Fourth <br />Subdivision recorded June 11, 2002 as Instrument No. 2002-06245 in the office of the <br />Register of Deeds of Hall County, Nebraska. <br /> <br />5. Terms and provisions of the Memorandum of Shopping Center Ground Lease by and <br />between Robert M. Allen Family Limited Partnership and Albertson's, Inc. recorded June <br />24, 1999 as Instrument No. 99-106375 in the office of the Register of Deeds of Hall <br />County, Nebraska. <br /> <br />6. Terms and provisions of the Declaration of Restrictions and Grant of Easements <br />recorded June 24, 1999 as Instrument No. 99-106376 in the office of the Register of <br />Deeds of Hall County, Nebraska. <br /> <br />7. Terms and provisions of the Common Area Maintenance Agreement recorded June 24, <br />1999 as Instrument No. 99-106377 in the office of the Register of Deeds of Hall County, <br />Nebraska. <br /> <br />8. Terms and provisions of the Subdivision Agreement for Meadowlark West Third <br />Subdivision recorded June 24, 1999 as Instrument No. 99-106354 in the office of the <br />Register of Deeds of Hall County, Nebraska. <br /> <br />9. Terms and provisions of the Subdivision Agreement for Meadowlark West Fourth <br />Subdivision recorded June 12, 2002 as Instrument No. 2002-06261 in the office of the <br />Register of Deeds of Hall County, Nebraska. <br /> <br />10. Terms and provisions of the First Amendment to Declaration of Restrictions and Grant of <br />Easements recorded September 25,2000 as Instrument No. 2000-07944 in the office of <br />the Register of Deeds of Hall County, Nebraska. <br /> <br />11. Terms and provisions of the First Amendment to Common Area Maintenance Agreement <br />recorded July 25, 2002 as Instrument No. 2002-07724 in the office of the Register of <br />Deeds of Hall County, Nebraska. <br /> <br />12. Terms and provisions of the Second Amendment to Declaration of Restrictions and <br />Grant of Easements recorded July 25, 2002 as Instrument No. 2002-07725 in the office <br />of the Register of Deeds of Hall County, Nebraska. <br /> <br />13. Terms and provisions of the Third Amendment to Declaration of Restrictions and Grant <br />of Easements in the form attached hereto as Exhibit "E-1 ". <br /> <br />14. Terms and provision of the Restrictive Use Agreement recorded January 20, 2005 as <br />Instrument No. 2005-00547 in the office of the Register of Deeds of Hall County, <br />Nebraska. <br /> <br />15. Terms and provisions of the Declaration of Restrictions in the form attached hereto as <br />Exhibit "E.2. II <br /> <br />Deed of Trust, Security Agreement and Assignment of Rents, Page 22 <br />#553480-v1 <br />