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~'~"" rn 2 z ~ _ ~; a ~' ~ ~ _ ~ ~N ~~ ~ ~ ~ ~ ~ ~ 7C ~ ~ _ a ~ ~r~ ~ ~ ~ N C:J C7 T1 C~ ~ 0 ~ ~ ~ o ~ ~ ~ r~ CL7 Z d7 Q ~ m -.~ A CC7 r ~ G7 (I7 ~ ~ rn o ~ r- ~ -~ ~1 cn w ~ ~' C ~ ~~ 0 APPROVAL OF CONSENTING OWNERS This Approval of Consenting Owners ("Approval") is made and entered into on this day of September, 2009, by and among ROBERT M. ALLEN FAMILY LIMITED PARTNERSHIP, a Nebraska limited partnership ("Allen"); ALLEN 281 LLC, a Nebraska limited liability company ("Allen 281"); and GRAND ISLAND VENUE, L.L.C., a Nebraska limited liability company ("GIV"). RECITALS A. Allen and Albertson's, Inc. ("Albertson's") entered into a certain Declaration of Restrictions and Grant of Easements dated March 11, 1999 (the "1999 Declaration"). The 1999 Declaration was recorded an June 24, 1999 as Instrument No. 99-106376 in the Official Records of Hall County, Nebraska. The 1999 Declaration was amended by a certain First Amendment to Declaration of Restrictions and Grant of Easements dated August 21, 2000 (the "First Amendment"). The First Amendment was recorded on September 25, 2000 as Instrument No. 00-007944. The 1999 Declaration and the First Amendment are hereinafter collectively referred to as the "Original Declaration". The 1999 Declaration and the First Amendment were amended by a certain Second Amendment to Declaration of Restrictions and Grant of Easements dated July 24, 2002 (the "Second Amendment") and that certain Third Amendment to Declaration of Restrictions and Grant of Easements dated August 15, 2008 (the "Third Amendment"). The Second Amendment was retarded on July 2S, 2002 as Instrument No. 0200207725, and the Third Amendment was recorded on August 18, 200$ as Instrument No. 200807155. The 1999 Declaration, the First Amendment, the Second Amendment and the Third Amendment are hereinafter collectively referred to as the "Declaration". I3. Alley 281 and CrTV are Consenting Owners with respect. to Parcels 17 and 1 R as that term is defined in the Declaration. Allen 281 is replatting Parcels 17 and 18 into Lots 1 and 2, Meadowlark West Seventh Subdivision, a subdivision, as surveyed, platted and recorded in Hall County, Nebraska, and as depicted on the Final Flat attached hereto as Exhibit "A" ("Final Plat"). Nebraska Investment Association, LLC, a Nebraska limited liability company, has purchased (or is about to purchase) Lot 2, Meadowlark West Seventh Subdivision as depicted on the Final Plat (sometimes referred to as the "Vernon Parcel") for the construction of a Verizon cellular store. ~l~.op After recordin ,return to: ~~ 1 urn ~~ p John p. Bac an ~irs~ IVe~f'C6S~(a Ttfi~ Parsing Ho Ernst & Bachman LLP a, l n~ ~ ~a(~'~- 10250 Re ncy Circle, Suite 300 `T~ ~ r ' ^ ~ y~ Omaha, 68114 ~~hQ ~ G ll! oq-11b~~s