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<br />~ ~ RECORDING REQUESTED BY ~ _~~ ~ ~ ~ ~ ~
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<br />AND AFTER RECORDING
<br />RETURN TO: ~ ~~ ~ ~
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<br />co U.S. Bank National Association ~ ~
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<br /> 1420 Fifth Avenue
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<br />Seattle, Washington 98101 ~,
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<br /> Attention: Colleen McEvoy ,, ~
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<br />` V iAI~RG Wi~GLESS
<br />1 ~ x 51 W P[A~T>~ raves.
<br />Fear tin `~~ ~o o; ° ASSIGNMENT AND AMENDMENT
<br />TO DEEDS OF TRUST, SECURITY AGREEMENT, ASSIGNMENT
<br />OF LEASES AND RENTS, AND FIXTURE FILING]
<br />THIS ASSIGNMENT AND AMENDMENT TO DEED OF TRUST, SECURITY
<br />AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FII.ING
<br />(this "Assignment and Amendment") is made as of June 1, 2010, by and among RBS
<br />CITIZENS, N.A. (f/k/a Citizens Bank of Massachusetts) ("RBS"), U.S. BANK NATIONAL
<br />ASSOCIATION ("U.S. Bank), COBANK, ACB ("CoBank") and NE COLORADO
<br />CELLULAR, INC., a Colorado corporation ("NEC").
<br />RECITALS
<br />A. Reference is made to the Deeds of Trust, Security Agreement, Assignment of
<br />Leases and Rents, and Fixture Filing retarded in the official retards of Hall County,
<br />Nebraska, more specifically described on Exhibit A attached hereto (together with all
<br />amendments, supplements, exhibits and modifications thereto, each a "Deed of Trust" and
<br />collectively, the "Deeds of Trust").
<br />B. The Deeds of Trust secure the payment and performance of the Lender
<br />Obligations, as defined under that certain (1) Credit and Guaranty Agreement, dated as of
<br />June 10, 2005, by and among NEC, the guarantors party thereto, RBS, as the initial lender,
<br />U.S. Bank, as a lender (together with RBS in their lender capacities, each an "Existing
<br />Lender" and collectively, the "Existing NEC Lenders"), and RBS, as agent for the Existing
<br />NEC Lenders (in its capacity as agent, "Existing NEC Agent") (as amended, supplemented or
<br />otherwise modified prior to the date hereof, the "Existing NEC Credit Agreement"),
<br />(2) Credit and Guaranty Agreement, dated as of June 1.0, 2005, by and Industrial
<br />Communications and Elettronics, Inc., a Massachusetts corporation, Industrial
<br />Communications, LLC, a Delaware limited liability company, and Industrial Tower and
<br />Wireless, LLC, a Delaware limited liability company (collectively, the "ICE Borrowers"),
<br />NEC, as a guarantor, and certain other guarantors party thereto, RBS, as the initial lender,
<br />U.S. Bank, as a lender (together with RBS in their lender capacities, each an "Existing ICE
<br />Lender" and collectively, the "Existing ICE Lenders"), and RBS, as agent for the Existing
<br />ICE Lenders (in its capacity as agent, "ICE Agent") (as amended, supplemented or otherwise
<br />modified prior to the date hereof, the "Existing ICE Credit Agreement").
<br />~ 9, ao
<br />EXHIBIT A TO ASSIGNMENT AND AMENDMENT
<br />12187-5273/LEGAL 18172921.1
<br />4/26/ 10
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