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201005433
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Last modified
1/11/2011 2:03:39 PM
Creation date
8/3/2010 4:04:12 PM
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DEEDS
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201005433
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r..~.. <br />~~ <br />~~.. <br />~^,~,,,, <br /> <br />r : ,' <br />, <br /> <br />7~ <br /> <br />h <br /> <br />m <br /> ~ = <br /> :^• <br /> M.~ n v~ <br />..~.~ ~ ~ c ~ <br />, cn . <br />~ <br />~ ~ v <br />~ ~ ~ ~ r*i ~- ~ 7 ~ CJ] <br /> ` <br />W <br />~~ <br />~ ~~ <br />C7 ~( <br />l j; ~ ~~ ~ <br />~L ('Tl C'~ -1 <br /> <br /> <br />~'~ h` ~ ~ r- A c <br />1-1 m <br /> <br />r V <br />~ cn <br />~ , <br />~ ~ <br /> rv ..~ ~ w O <br /> ..v ~ [.~ <br /> En <br />DEVELOPMENT AGREEMENT <br />rr ~~ <br />This Development Agreement ("Agreement") dated July ~(~ , 2010, is between ALLEN Q <br />281. LLC, a Nebraska limited liability company ("Developer"), and CUSTARD CATS, LLC, a _~ <br />Kansas limited liability company ("Owner"). <br />PRELIMINARY STATEMENT <br />Contemporaneously with the execution of this Agreement, Owner acquired from <br />Developer ownership of Lot 19, Meadowlark West Third Subdivision, Hall County, Nebraska <br />(the "Property"). The Property is situated within Eagle Run Shopping Center bounded on the <br />north by 13~` Street, the west by U.S. Highway 281, the east by Webb Road, and the south by <br />Faidley Road ("Eagle Run"). As a condition precedent to such acquisition, Owner and <br />Developer agreed to execute and exchange this Agreement to evidence their agreement and <br />understanding with respect to the development and use of the Property. <br />TERMS AND CONDITIONS <br />In consideration of the foregoing Preliminary Statement, which is repeated in its entirety <br />in this portion of this Agreement, and other valuable consideration, the receipt of which is <br />acknowledged, Developer and Owner agree as follows: <br />1. Declaration of Restrictions and Grant of Easements. The Property and any <br />development and use of the Froperty is subject to the terms and provisions of a certain <br />Declaration of Restrictions and Grant of Easements dated March 11, 1999 (the "1999 <br />Declaration"). The 1999 Declaration was recorded on June 24, 1999 as Instrument No. <br />99-106376 in the Official Records of Hall County, Nebraska. The 1999 Declaration was <br />amended by a certain First Amendment to Declaration of Restrictions and Grant of Easements <br />dated August 21, 2000 (the "First Amendment"). The First Amendment was recorded on <br />September 2S, 2000 as Instrument No. 200007944. The 1999 Declaration was further amended <br />by a certain Second Amendment to Declaration of Restrictions and Grant of Easements dated <br />July 24, 2002 (the "Second Amendment"). The Second Amendment was recorded July 25, 2002 <br />as Instrument No. 200207725. The 1999 Declaration and Second Amendment were further <br />amended by a Third Amendment to Declaration of Restrictions and Grant of Easements dated <br />August 1 S, 2008 (the "Third Amendment"). The Third Amendment was recorded August 18, <br />2008 as Instrument No. 2008071SS. The 1999 Declaration, the First Amendment, the Second <br />Amendment and Third Amendment are hereinafter collectively referred to as the "Declaration". <br />
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