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200510141 8. as follows: Height Restriction. Section 3.3(b)(ii) is hereby deleted and replaced in its entirety (ii) On the Developer Tract-35 feet; provided, however, that Hy-Vee, Inc. shall be entitled to construct a Building on the Hy- V ee Tract in accordance with the elevations shown on Exhibit Y attached hereto. 9. Cross Parking. For purposes of clarification, the parking requirements set forth in Section 4.2 with respect to the Kohl's Tract and the Developer Tract may be met by the aggregate number of parking spaces contained on both the Kohl's Tract and the Developer Tract, and each tract does not need to be "self parked" to meet such requirements. 10. follows: Stacking. Section 4.2(a)(ii) is hereby deleted and replaced in its entirety as (iii) If a business contains a drive-up unit (such as remote banking teller or food ordering/dispensing facility), then there shall also be created space for stacking of not less than five (5) automobiles for each drive-up unit; provided, however that if a Hy-Vee grocery store is constructed on the Hy-Vee Tract, a drive-up unit for the pharmacy on the Hy-Vee Tract shall provide for stacking of not less than three (3) automobiles for such drive-up unit, as shown on Exhibit X. 11. Use of the Shopping Center. (a) Section 7.1 (a)(iii) is hereby deleted and replaced in its entirety as follows: (iii) any "second hand" store or "surplus store", thrift shop or other business principally engaged in the sale of used merchandise, such as a Goodwill Store; provided, however, that high quality second hand stores, such as CD Trading Post, EB Games, Play It Again Sports and Second Swing shall be permitted. (b) Section 7.2(b)(i), (viii), (xi), (xii) and (xiii) shall not apply to the Hy-Vee Tract; provided however, that any Outside Sales Area located thereon shall be separated from vehicular uses by the placement of a fence or barrier to prevent pedestrian and vehicular conflicts and sufficient parking spaces shall remain available for use on the Hy- Vee Tract at all times to provide a parking ratio of no less than five (5) parking spaces per one thousand (1,000) square feet of the Building located on the Hy-Vee Tract. (c) Section 7.2(b)(i) shall not apply to the Kohl's Tract. 12. Assignment to Anchor Occupant. Section 12.4( c) is hereby modified to provide that an Anchor Occupant shall automatically become an Approving Party upon acquiring title to, or leasehold possession (with all contingencies to the effectiveness of such lease having been satisfied) of, Anchor Space, and no assignment shall be required for such purpose; provided, 4 {31858.2_8/17/2005 05:05 PM.JEPE.A0205786.DOC;2}