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201003106
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Last modified
5/7/2010 4:14:29 PM
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5/7/2010 4:11:11 PM
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DEEDS
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201003106
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2oioo3ioo <br />25. Assignment of Current Agreements. Grantor hereby assigns to Grantee all of Grantor's beneficial rights, title and interest <br />in, to and under all of the existing leases, licenses and other agreements for use or occupancy of the Tower Facilities, including, but not <br />limited to, those agreements ]isied on Exhibit C attached hereto (the "Current Agreements"), including without limitation, the right to <br />receive any and all rents and other monies payable to Grantor thereunder and including during any and all extensions thereof ("Contract <br />Revenues"). Grantor hereby represents and warrants that as of the Execution Date there are no leases, license or other agreements pertaining <br />to the Premises other than the Current Agreements. Notwithstanding the foregoing assignment to Grantee, Grantor agrees that Grantor <br />remains the fee owner of the Property and Grantor remains obligated to comply with all obligations of the lessor or Grantor under the Current <br />Agreements, as same may be extended or renewed, which relate to the ownership, maintenance, operation and use of the Properly. Such <br />obligations are hereby expressly excluded from the foregoing assignment. Grantor hereby acknowledges that as of the Execution Date none <br />of the improvements located at the Site pursuant to the Current Agreements encroach outside the Premises, Grantor hereby certifies to <br />Grantee that to the best of Grantor's knowledge the Current Agreements are in full force and effect, that Grantor is not in default or breach of <br />any of its obligations under any of the Current Agreements, that Grantor has received no notices alleging a default under a Current <br />Agreement, and that as of the date hereof the lessee under each Current Agreement has no claim against Grantor under the respective Current <br />Agreement. Grantor agrees to indemnify and hold Grantee harmless from and against all loss, cost, damage, and expense, including, without <br />limitation, reasonable attorney fees, arising out of any act, omission, or default by Grantor under any of the Current Agreements that occurred <br />prior to the Execution Date.. <br />26. Further Acts; .Attorney-In-Fact. Grantor shall cooperate with Grantee in executing any documents necessary to protect <br />Grantee's rights under this Agreement or Grantee's use of the Easements and to take such action as Grantee may reasonably require to effect <br />the intent of this Agreement. Grantor hereby irrevocably appoints Grantee as Grantor attorney-in-fact coupled with an interest to prepare, <br />execute and deliver land-use and zoning applications that concern the tower or the tower facilities, on behalf of Grantor with federal, state <br />and local governmental authorities. <br />Signatures Appear on Following Page] <br />Easement Agreement Site Name: Shelton NE <br />Site Number: 98583 <br />
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