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3. The portion of the land being leased to Tenant (the "Premises ") is described in Exhibit 1 annexed <br />hereto. <br />4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or <br />construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, <br />all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of <br />this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement <br />shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their <br />respective heirs, successors, and assigns, subject to the provisions of the Agreement. <br />IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first <br />above written. <br />"LANDLORD" <br />Artvest III, a Ne . . ka li � led partnership <br />L <br />By: (t <br />Name: _$ <br />Its: <br />Date: ,/ <br />"TENANT" <br />New Cingular Wireless PCS, LLC, <br />a Delaware limited liability company <br />By: AT &T Mgbility orporation <br />Its: Manager <br />By: <br />Name: <br />Its: <br />Date: <br />Real Este e : o structi. M ager <br />201308232 <br />LA de <br />airninutcri <br />lop5 <br />