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201104049
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Last modified
10/17/2011 2:20:55 PM
Creation date
5/31/2011 3:05:35 PM
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DEEDS
Inst Number
201104049
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201104049 <br />Site Name: GRIP 7ABBA <br />Site No: NE 9164 <br />Lessor consents to the Assignment of the Lease to Lessee. <br />2. The term of the Lease and all Renewal Terms, thereunder, are hereby amended as follows: <br />At the end of the current Term on October 12, 2011 ( "Current Term "), Lessee shall have the right <br />and option to extend the term of this Lease for six (6) five -year periods ( "Renewal Terms "). The first <br />Renewal Term, if exercised, shall commence on October 13, 2011. The second through the sixth <br />Renewal Term shall commence on the fifth (5th) anniversary of the prior Renewal Term. This Lease <br />shall automatically renew for each renewal period unless Lessee notifies Lessor of its intention not to <br />permit the Lease to renew. If Lessee provided Lessor with such notice, the Renewal Terms then <br />remaining shall be rendered null and void and this Lease shall terminate at the end of the then current <br />period. <br />3. Rent paid under the Lease during the Current Term and any Renewal Terms is amended as <br />follows: <br />Beginning October 13, 2011, Rent shall be reduced to, and Lessee shall pay to Lessor, FIVE Hundred <br />Dollars ($500.00) for each month of the lease term ( "Rent "), partial monthly periods to be prorated. <br />Lessee shall pay Lessor, as additional rent, Two Hundred FiftyDollars ($250.00) per month for the <br />each wireless broadband telecommunications carrier whose equipment is installed on the tower after <br />the first wireless broadband telecommunications carrier (i.e. the second, third and fourth wireless <br />broadband telecommunications carriers attaching equipment) ( "Additional Rent"). Such Additional <br />Rent shall be paid to Lessor on the first business day of the month following the month Lessee has <br />received rent from such carrier and such carrier has installed its equipment on the tower. Partial <br />monthly periods to be prorated. <br />Section 5 of the Lease is deleted in its entirety and replaced with the following: <br />5. Rent, after October 12, 2016, shall be increased at the beginning of each Renewal <br />Term by fifteen percent (15 %) of the prior Term's Rent. There shall be no adjustment to Additional <br />Rent. <br />4. Lessee's Notice information in Section 19 of the Lease shall be changed to reflect Lessee's name <br />and address set forth above. <br />Lessee may terminate this lease at any time by giving Lessor thirty (30) days prior written notice <br />without further liability if Lessee does not obtain all Approvals required from any governmental <br />authority or any easements required from Lessor or any third party for Lessee's Intended Use, or if any <br />such Approval is canceled, expires or is withdrawn or terminated, or if Lessee, for anyother reason, in <br />its sole discretion, determines that it will be unable to use the Leased Premises for Lessee's Intended <br />Use. Upon termination, all prepaid rent will be retained by Lessor unless such termination is a result <br />of Lessor's default. <br />6. Lessee has the right to assign this Lease or sublease the Premises and its rights herein, in whole or in <br />part, without the Lessor's consent. Upon written notification to Lessor of any assignment of this Lease <br />by Lessee (together with a copy of such assignee's written assumption of Lessee's obligations <br />hereunder), Lessor shall look solely to such assignee for the satisfaction of Lessee's obligations <br />hereunder, and Lessee shall be released from any further obligations under this Lease. <br />Lessee may mortgage or grant a security interest in Lessee's leasehold estate under this Lease and any <br />of Lessee's personal property, and may assign this Lease and any of Lessee's personal property to any <br />such mortgagees or holders of security interests including their successors or assigns (hereinafter <br />2 <br />
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