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201108675
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Last modified
12/1/2011 3:05:27 PM
Creation date
11/21/2011 8:32:36 AM
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DEEDS
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201108675
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201108675 <br />RECORDING REQUESTED BY AND <br />WHEN RECORDED MAIL TO: <br />Charter Communications <br />Attn: Tammy Zillmer <br />Address: 3993 Heritage Place N.W. <br />Rochester, MN 55901 <br />Above for recorders use only <br />NONEXCLU5IVE INSTALLATION AND SERVICE AGREEMENT <br />This Installation and Distriburion Agreement ("Agreement") between Charter Co»zmunications Vl. LLC <br />("Operator") and Can�tal Mob�le Home Park. LLC ("Owner") is dated this 1�` day of November, 2011 ("Effective <br />Date"). Capitalized terms used in this Agreement sha11 have the same meaning as specified in the "Basic <br />Information" section below. <br />BASIC INFORMATION <br />Premises (or Property) (further descrihed in Ezhibit A): <br />Premises Name: Capital Mobile Home Pazk Number of Units: 96 <br />Street Address: 518 E. Capltal Avenue <br />Ci /State/Zi : Grand Isla.nd. NB 68801 <br />Agreement Term: The period starting on the Start Date and ending on the Expiration Date. The <br />Agreement Term shall automatically be renewed for additional successive terms of one (1) yeaz unless either <br />party provides written norice of termination not less than 6 months prior to the end of the Agreement Term <br />then in effect. <br />Start Date: November 1. 2011 Ez iration Date: October 31, 2021 <br />Services: Services shall mean all lawful communications services (including video%able services) that <br />O erator ma rovide. <br />Equipment: All above-ground and underground coaxial cables, fiber, internal wiring, conduit, electronics <br />and/or any other equipment or facilities necessary for, installed by, and/or used by Operator (or its <br />predecessor(s)-in-interest) to provide the Services. The Equipment extends from the external boundary lines of <br />the Premises. <br />1. Gran� In consideration of the mutual promises and other consideration set forth herein, the sufficiency of <br />which is hereby acknowledged, Owner grants Operator the right (including ingress and egess) to install, operate, <br />improve, remove, repair andlor maintain its Equipment within the Premises. Upon termination of this Agreement, <br />Operator shall have the right to remove its Equipment, as applicable, provided that any Equipment that Operator <br />does not remove within 90 days of such termination, sha11 be deemed abandoned and become the property of the <br />Owner. This Agreemerrt may be recorded. This rights granted hereunder sha11 run with the land and shall bind and <br />inure to the benefit of the parties and their respective successors and assigns. <br />2. Services; Equipmen� Operator sha11 have the (i) nonexclusive right to offer and (ii) exclusive right to ma.rket <br />the Services to residents of the Premises. Operator will install, maintain, and/or operate the Equipment in <br />accordance with applicable law. Operator agrees that no trenching shall occur without prior written <br />permission by Owner and property shall be restored to original condition wear and teaz excepted. <br />The Equipment shall always be owned by and constitute the personal property of the Operator, and Owner <br />acknowledges Operator's exclusive right to control and use its Equipmen� <br />- 1 - Rev 07/30/08 <br />
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