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<br />7 <br />Attn: Asset Management <br /> <br />With a copy to: Kutak Rock LLP <br />1650 Farnam St. <br />Omaha, NE 68102 <br />Attn: Asher R. Ball <br /> <br />o) In EXHIBT C, Description of Local Public Improvements, the first sentence <br />shall be deleted in its entirety and replaced with the following: <br /> <br />Local Public Improvements will include site work, purchase of exterior <br />siding materials for certain architectural improvements to the Project, and <br />other improvements in support of the construction of the Project as agreed <br />upon between the Parties, in accordance with all applicable laws and <br />regulations. <br /> <br />3. Entire Agreement; Conflict. Except as otherwise stated herein, all other terms, <br />conditions and agreements contained in the Development Agreement remain unmodified and in full <br />force and effect. To the extent a conflict exists between the terms of this Second Amendment and <br />the Development Agreement, the terms of this Second Amendment shall control. Capitalized terms <br />used in this Second Amendment will have the meanings set forth in the Development Agreement <br />unless otherwise stated herein. <br />4. Counterparts; Electronic or Facsimile Transmission. This Second Amendment <br />may be executed in counterparts which, when combined, shall constitute one instrument. The <br />electronic or facsimile transmission of a signed counterpart of this Second Amendment shall be <br />binding upon the party whose signature is contained on the transmitted copy. <br /> <br />Signature Page Follows <br />