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200511152
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200511152
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Last modified
11/10/2005 3:26:32 PM
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11/10/2005 3:26:30 PM
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DEEDS
Inst Number
200511152
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<br />, , <br />( <br />'. <br />.. .; .. <br /> <br />200511152 <br /> <br />15. Notices. Unless otherwise provided herein, any notice or demand required to be <br />given herein shall be given in writing by certified or registered mail, return receipt requested or <br />reliable overnight courier to the address of Lessor as set fortb above, and -if to Lessee, to iPCS <br />Wrreless, Inc., 1900 East Golf Road, Suite 900, Schaumburg, IL, 60173; Attn: Anthony R. <br />Muscato. Lessee and Lessor may designate a change of notice address by giving written notice to <br />the other party, Copies of all notices sent hereunder sball also be given to any Financing Entities <br />at the address set forth on Schedule 15 hereto, as such schedule is amended from time to time by <br />Lessee as it enters into a Leasehold Mortgage. <br /> <br />16. Destruction or Condemnation. <br /> <br />(a) If the Premises are damaged or destroyed by casualty or condemned such that <br />Lessee is unable to operate the Site Compound as contemplated in this Ground Lease, then within <br />thirty (30) days after such occurrence, Lessee may elect to terminate this Ground Lease as of the <br />date of the damage, destruction or condemnation. If Lessee chooses not to terminate this Ground <br />Lease, tbe Rent shall be reduced or abated in proportion to 1:he actual reduction or abatement of <br />. use of the Premises so long as such reduced or abated use exists. <br /> <br />(b). Notwithstanding anything in this Ground Lease to the conirarY. in the event of' <br />any casualty to or condemnation of the Premises or any portion thereof during such time as any <br />Leasehold Mortgage shall remain unsatisfied, the Financing Entity shall be entitled to receive all <br />insurance proceeds and/or condemnation awards (up to the amount of tile indebtedness secured <br />by the Leasehold Mortgage) otherwise payable to Lessee or Lessor or both and apply them in <br />accordance with the Leasehold Mortgage and sbnll have the right, but not the obligation, to <br />restore the Premises. <br /> <br />17. Amendment. No amendment or modification to any provision of this Ground <br />Lease shall be valid unless made in writing and agreed to and signed by the pm1y to be bound and <br />each Financing Entity. <br /> <br />18. Memorandum 'of Ground Lease. Lessor acknowledges, will execute, and gives <br />Lessee the right to file a Memorandum. of Ground Lease iD the form attached hereto IlS E.<<dn'bit <br />"C" in the county office where the Property is located. <br /> <br />19. Non.Disturbnnce Mreements. Lessor has disclosed to Lessee the identity of <br />all persotl$ or entities. if any. in whose favor Lessor hIlS granted a mortgage or deed of trust on <br />the Property as of the Effective Date of this Ground Lease. Should the Property be so <br />encumbered by any mortgage or deed of trust, Lessor shall obtain from mortgagees or trustees <br />existing on tlm Effective Date, and shall obtam from any permitted subsequent mortgagees or <br />tnIStees as set forth in Section 10. a non. disturbance and attornment of Ground Lease in favor of <br />Lessee, satisfactory to Lessee and. any Financing Entity of Lessee. <br /> <br />20. Liens nnd Security Interests. <br /> <br />(a) Lessor agrees and aclmowledges that for so long as this Ground Lease and any <br />New Lease (defined below) shall be in effect, Lessee (or the holder of Lessee's interest in the <br />Ground Lease or any New Lease) shall own any aDd all improvements. buildings, structures and <br />equipment on or about the Premises. and Lessor waives any lien rights it may have concerning <br />the Site Compound which are deemed personal property and not fi.\.'tures, and Lessee has the right <br />to remove the same at any time without Lessor's consent <br /> <br />Page 7 <br /> <br />Site Name and numbllr: JahQ!IlllI Cnah-Way LumborCD.lB2lIJ...,71 <br />
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