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20110669�G RECIPROCAL EASEMEN'T AGREEMENT This RECIPROCAL EASEMENT AGREEMENT (the "A�reement") is made this $th day of September 2011, by and between 281 & OLD POTASH SHOPS LLC, a Nebra.ska limited liability company, with a corporate address of 410 Seventeenth Street, Suite 1750, Denver, Colorado 80202 (hereinafter referred to as "281 & Old Po sh") and TEXAS ROADHOUSE HOLDINGS LLC, a Kentucky limited liability company with a corporate address of 6040 Dutchmans Lane, Louisville, Kentucky 40205 (hereinafter c llectively referred to as "Roadhouse") WITNESSETH WHEREAS, 281 & Old Potash is the owner of that certain tract or p cel of land legally described as Lot 2, Martin's 6�' Subdivision, City of Grand Island, County of Hall, State of Nebraska, which tract is identified as "Lot 2" on the site plan attached hereto E�cliibit "A" (the "Site Plan") and made a part hereof by this reference; and WHEREAS, Roadhouse is the owner of that certain tract or described as Lot 1, Martin's 6�' Subdivision, City of Grand Island, G Nebraska, which tract is identified as "Lot 1" on the Site Plan; and 1 of land legally of Hall, State of WHEREAS, Lot 1 and Lot 2 are contiguous and adjacent to each oth r as shown on the Site Plan are sometimes referred to herein individually as a"Lot" and together the "Lots"; and WHEREAS, 281 & Old Potash and Roadhouse desire to impose ce the Lots for the mutual and reciprocal benefit of Lot 1 and Lot 2 as more below. NOW THEREFORE, in consideration of the mutual covE hereinafter set forth, 281 & Old Potash and Roadhouse hereby grant, follows: 1. Access Easements. Subject to any express conditions, limita.ti contained herein, the following nonexclusive perpetual access easements are (a) An easement for the benefit of and as an appurtenance to Lot 1 and egress over, upon, through and across the driveways, accessways, curb� located from time to time on Lot 2, so as to provide for the passage of Y pedestrians between Lot 1 and Lot 2, but specifically excluding that porti constitutes the drive-through lane currently used by Starbucks and designated being excluded from the access easement. Roadhouse shall not be allowe heavy truck or equipment traffic without the prior written consent of 281 & O unreasonably withheld, conditioned or delayed. easements upon ;,ularlv set forth and agreements �nt and agree as or reservations �v created: �r access, ingress ts and sidewalks �tor vehicles and i of Lot 2 which r� the Site Plan as to use Lot 2 for Potash, not to be (b) An easement for the benefit of and as an appurtenance to Lot 2 for access, ingress and egress over, upon, through and across the driveways, accessways, curb uts ,and sidewalks located from time to time on Lot 1, so as to provide for the passage of otor vehicles and { 3185 8.25. A0469997. DOC;4 }