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201106475
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Last modified
9/14/2011 12:36:24 PM
Creation date
8/31/2011 9:27:59 AM
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DEEDS
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201106475
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•�� <br />��� <br />B � <br />� � <br />.� ��� <br />0 <br />� � <br />C)7 '� <br />� <br />�� <br />� <br />�� <br />�: <br />(,t,. <br />y: ;, <br />� <br />� � -�- <br />.-� <br />A � ��, � <br />� r r � <br />r �, ' � <br />c ,�_ <br />C7 r. �� <br />� O <br />`i m � <br />� <br />� cn —� <br />� rri � <br />�� <br />� �- .� N <br />o' <br />� � o <br />o � -- <br />s <br />DEVELOPMENT AGREEMENT <br />C� U� <br />O —i <br />- � --1 <br />� rn <br />� o <br />O �1 <br />� � <br />� R1 <br />� � <br />r � <br />r z <br />� <br />� <br />a <br />� <br />� <br />This Development Agreement ("Agreement") dated � , 2011, is between <br />ALLEN 281 LLC, a Nebraska limited liability compan ("Developer"), and BATIS <br />DEVELOPMENT COMPANY, a Kansas corporation ("Owner"). <br />PRELINIINARY STATEMENT <br />Contemporaneously with the execution of this Agreement, Owner acquired from <br />Developer ownership of Lots 1 and 2, Meadowlark West Ninth Subdivision, Hall County, <br />Nebraska (the "Property"). As a condition precedent to such acquisition, Owner and Developer <br />agreed to execute and exchange this Agreement to evidence their agreement and understanding <br />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. T'he Property and any <br />development and use of the Property are 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 Instn�ment 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 25, 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, First Amendment and Second Amendment <br />were further amended by a Third Amendment to Declaration of Restrictions and Grant of <br />Easements dated August 15, 2008 (the "Third Amendment"). The Third Amendment was <br />recorded August 18, 2008 as Instrument No. 200807155. The 1999 Declaration, the First <br />Amendment, the Second Amendment and Third Amendment were further amended by a Fourth <br />d <br />N <br />O <br />�� <br />F--a <br />O <br />� <br />s <br />� <br />u <br />9 � <br />�� � <br />
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