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200510141 1. Incorporation of Recitals Defined Terms. The foregoing recitals are hereby fully incorporated into this Amendment. All capitalized terms used in this Amendment shall, unless otherwise specifically provided herein, have the same meaning as those terms are defined to have in the Original OEA. The Original OEA, as modified by this Amendment, is referred to herein as the ("OEA"). 2. Developer Tract. Exhibit B of the Original OEA is hereby deleted in its entirety and replaced with the Exhibit B attached hereto. The Developer Tract is comprised of the Developer Inline Tract and the Hy-Vee Tract, each as described on Exhibit B. 3. Center Monument Sign. Exhibit D of the Original OEA is hereby deleted in its entirety and replaced with Exhibit D attached hereto. 4. Site Plan Exhibit. Exhibit X of the Original OEA is hereby deleted in its entirety and replaced with Exhibit X attached hereto. 5. Construction of Improvements on the Hy-Vee Tract. Notwithstanding anything set forth in the Original OBA to the contrary, the construction of the initial Building and Common Area (and any reconstruction thereof) on the Hy-Vee Tract shall be governed by the following provisions: (a) Access over the access drives and service drives shown on the Site Plan may be closed andlor restricted on the Hy- V ee Tract; provided, however, that alternate access is provided andlor available via Wilmar Avenue and/or Webb Road and/or West North Front Street. (b) Construction may occur at any time of the year, without any blackout periods as long as: (i) Access to the remainder of the Shopping Center is provided in accordance with Subsection (a) above; (ii) Construction affecting utility lines will be performed so as not to interfere with utility service to the remainder of the Shopping Center. (c) The Hy- V ee Tract may be fenced off from the remainder of the Shopping Center, as long as access to the remainder of the Shopping Center is provided in accordance with Subsection (a) above. (d) The staging area and storage area may be located on any portion of the H y- V ee Tract. (e) Once construction on the Hy-Vee Tract has commenced, such construction shall be diligently pursued to completion. Upon completion of such construction and/or reconstruction, any fencing shall be removed, access over the access drives and services 2 {31858.2.8/17/2005 05:05 PM.JEPE.A0205786,DOC;2}