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<br />DEVELOPMENT AGREEMENT
<br />This Development Agreement ( "Agreement ") dated January J 9) , 2005, is between
<br />ALLEN 13TH STREET LLC, a Nebraska limited liability company ( "Developer "), and RT
<br />OMAHA FRANCHISE, LLC, a Delaware limited liability company ( "Owner ").
<br />PRELIMINARY STATEMENT
<br />Contemporaneously with the execution of this Agreement, Owner acquired from
<br />Developer ownership of Lot 21, Meadowlark West Third Subdivision, Hall County, Nebraska
<br />(the "Property "). The Property is situated within Eagle Run Shopping Center bounded on the
<br />north by 13`' Street, the west by U.S. Highway 281, the east by Webb Road, and the south by
<br />Faidley Road ( "Eagle Run "). As a condition precedent to such acquisition, Owner and
<br />Developer agreed to execute and exchange this Agreement to evidence their agreement and
<br />understanding 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
<br />entirety in this portion of this Agreement, and other valuable consideration, the receipt of
<br />which is acknowledged, Developer and Owner agree as follows:
<br />1. Declaration of Restrictions and Grant of Easements. The Property and any
<br />development and use of the Property is 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 Instrument 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
<br />amended by a certain Second Amendment to Declaration of Restrictions and Grant of
<br />Easements dated July 24, 2002 (the "Second Amendment "). The Second Amendment was
<br />recorded July 25, 2002 as Instrument No. 0200207725. The 1999 Declaration, the First
<br />Amendment and the Second Amendment are hereinafter collectively referred to as the
<br />"Declaration." From and after the date of Owner's acquisition of the Property, Owner and its
<br />successors and assigns agree to assume and perform all of the obligations under the
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<br />DEVELOPMENT AGREEMENT
<br />This Development Agreement ( "Agreement ") dated January J 9) , 2005, is between
<br />ALLEN 13TH STREET LLC, a Nebraska limited liability company ( "Developer "), and RT
<br />OMAHA FRANCHISE, LLC, a Delaware limited liability company ( "Owner ").
<br />PRELIMINARY STATEMENT
<br />Contemporaneously with the execution of this Agreement, Owner acquired from
<br />Developer ownership of Lot 21, Meadowlark West Third Subdivision, Hall County, Nebraska
<br />(the "Property "). The Property is situated within Eagle Run Shopping Center bounded on the
<br />north by 13`' Street, the west by U.S. Highway 281, the east by Webb Road, and the south by
<br />Faidley Road ( "Eagle Run "). As a condition precedent to such acquisition, Owner and
<br />Developer agreed to execute and exchange this Agreement to evidence their agreement and
<br />understanding 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
<br />entirety in this portion of this Agreement, and other valuable consideration, the receipt of
<br />which is acknowledged, Developer and Owner agree as follows:
<br />1. Declaration of Restrictions and Grant of Easements. The Property and any
<br />development and use of the Property is 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 Instrument 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
<br />amended by a certain Second Amendment to Declaration of Restrictions and Grant of
<br />Easements dated July 24, 2002 (the "Second Amendment "). The Second Amendment was
<br />recorded July 25, 2002 as Instrument No. 0200207725. The 1999 Declaration, the First
<br />Amendment and the Second Amendment are hereinafter collectively referred to as the
<br />"Declaration." From and after the date of Owner's acquisition of the Property, Owner and its
<br />successors and assigns agree to assume and perform all of the obligations under the
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