201106471 - Laserfiche WebLink

Browse

�01106471 recorded in Hall County, Nebraska, and as depicted on the Site Plan attached hereto as Exhibit "A" ("Site Plan"). Subsequent to such replatting, Parcels 15, 16 and 17 will be known as Lots l, 2 and 3, Meadowlark West Ninth Subdivision, a subdivision as surveyed, platted and recorded in Hall County, Nebraska. C. Batis Development Company, a Kansas corporation, has purchased (or is about to purchase) Parcels 16 and 17, and legally known as Lots 1 and 2, Meadowlark West Ninth Subdivision, as depicted on the Site Plan attached hereto as Exhibit "A". D. The Property Owners are the Owners of the Parcels containing in the aggregate at least ninety percent (90%) of the total square footage of Building Area in the Shopping Center as required by Section 8.5 of the 1999 Declaration for the purpose of modifying the Declaration. below. E. The parties desire to make certain modifications to the Declaration as set forth A�reement Now, therefore, in consideration of the foregoing Recitals which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Recitals. Except as set forth herein, the recitals are incorporated herein as if set forth in full. 2. Cabitalized Terms. All capitalized ferms that are not defined in this Fourth Amendment shall have the meanings respectively given to them in the 1999 Declaration, First Amendment, Second Amendment and Third Amendment. 3. Conflict or Inconsistencv. In the event of any conflict or inconsistency between the provisions of this Fourth Amendment and the 1999 Declaration, the First Amendment, the Second Amendment or the Third Amendment, the provisions of this Fourth Amendment shall control. 4. Approval of Replat. The replat of Lots 15 and 16, Meadowlark West Third Subdivision, and Lot 1, Meadowlark West Seventh Subdivision, respectively, subdivisions as surveyed, platted and recorded in Hall County, Nebraska, into Lots 1, 2 and 3, Meadowlark West Ninth Subdivision, a subdivision as surveyed, platted and recorded in Hall County, Nebraska, is hereby approved and the corresponding Parcet designations, Building Areas and Building Envelopes as set forth on the Site Plan are hereby approved. 5. Consotidation of Parcels and Building Areas. Withoztt limiting or modifying any other requirements under Article 2 of the 1999 Declaratzon, the Owners of Parcels 14 through 17, 22 and 23 and 27 and 28, as depicted on Exhibit "B" attached hereto and incorporated herein by this reference, may (i) consolidate Parcels 14 and 1 S; (ii) consolidate Parcels 16 and 17; (iii) consolidate Parcels 22 and 23; and (iv) consolidate Parcels 27 and 28. 2