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�O�i0�472 <br />SECOND AMENDMENT TO COMMON AREA <br />MAINTENANCE AGREEMENT <br />THIS SECOND AMENDMENT TO COMMON AREA MAINTENANCE <br />AG � EMENT (this "Amendment") is hereby made and entered into as of this 2� day of <br />, 2011, by and among those parties who are signatories herein (sometimes <br />collectiv y referred to herein as the "Parties" and individually as a"Party"). <br />WITNESSETH: <br />WHEREAS, the Robert M. Allen Family Limited Partnership, a Nebraska limited <br />partnership ("Allen") and Albertson's, Inc., a Delaware corporation ("Albertson's") entered into <br />that certain Common Area Maintenance Agreement dated March 11, 1999 and recorded June 24, <br />1999 as Instrument No. 99-106377 in the Official Record Books of Hall County, Nebraska (the <br />"Original Common Area Maintenance Agreement"), whereby Allen and Albertson's <br />provided for the common operation, cleaning, maintenance, repair, replacement and insurance of <br />the Common Area of that certain Shopping Center known as Eagle Run Shopping Center, <br />located in Grand Island, Nebraska (as more particularly described in the Original Common Area <br />Maintenance Agreement). <br />WHEREAS, Allen, Albertson's and Home Depot U.S.A., Inc., a Delaware corporation <br />("Hoine Depot") entered into a First Amendrnent to Common Area Maintenance Agreement <br />("First Amendment") dated July 24, 2002 and recorded July 25, 2002 as Inst7ument No. <br />0200207724 in the Official Record Bool�s of Hall Cotanty, Nebraska, whereby certain <br />modifications and amendments were made to the Common Area Maintenance Agreement, <br />among them, the identification of replats and reconfigurations affecting the parcels comprising <br />the Shopping Center and the reallocation of Common Area Expenses, as more particularly set <br />forth in the First Amendment Exhibit "A" and Schedule I attached thereto. <br />WHEREAS, the Original Common Area Mainteiiance Agreement, the First Amendment <br />and this Second Amendment are hereinafter collectively referred to as the "CAMA". <br />After recording, retum to: <br />John Q. Bachman <br />PANS[NG HOGAN ERNST & BACHNIAN LLP <br />10250 Regency Circle, Suite 300 <br />Omaha, NE G31 14 <br />