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i �Oi�.�p6�73 � '� APPROVAL OF CONSENTING OWNERS � This p roval of Consenting Owners ("Approval") is made and entered into on this� day of , 2011, by and among ROBERT M. ALLEN FAMILY LIMITED PARTNERSHIP, a Nebras limited partnership ("Allen"), 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 on 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 Instrurnent No. 0200007944. 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 Easernents dated August 15, 2008 (the "Third Amendment"). The Second Amendment was recorded on July 25, 2002 as Instrument No. 0200207725, and the Third Amendment was recorded on August 18, 2008 as Instrument No. 0200807155. The 1999 Declaration, the First Amendment, the Second Amendment and the Third Amendment are hereinafter collectively referred to as the "Declaration". B. Allen 281 LLC, a Nebraska limited liability company ("Allen 281.") is replatting Parcels 15, 16 and 17, legally known as Lots 15 and 16, Meadowlark West T'hird Subdivision and Lot l, Meadowlark West Seventh Subdivision, 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, and as depicted on the Final Plat attached hereto as Exhibit "A" ("Final Plat"). Batis Development Company, a Kansas corporation, has purchased (or is about to purchase) Lots 1 and 2, Meadowlark West Ninth Subdivision as depicted on the Final Plat (sometimes referred to as the "Batis Parcel") for the construction of an Olive Garden/Panera Bread restaurant building. Pursuant to the Declaration, Allen and GIV are Consenting Owners with respect to Parcels 15, 16 and 17 as that term is de�ned in the Declaration. C. The parties desire to approve and consent to certain matters with respect to the Final Plat and construction of the Olive Garden/Panera Bread restaurant building as required by the Declaration. After recording, retum to: John Q. Bachman PANSING HOGAN ERNST & BACHMAN LLP 10250 Regency Circle, Suite 300 Omaha, NE 68114