The URL can be used to link to this page

Home My WebLink About20081401,,NUM ('u"S DQC TAX CK# FEE S.Sopp ~Sp CK#a7sabb CHG ACCT # RET F CASH R.O.D. CK# RECD RETUR j t? I~IINI'I~li~'~tiBINI~~~~~ NUM ~wer~u6 RD. GOMP x~ ~ ~~~ COMPARE ~./ CADAS _ AO ~ Prepared by Attorney: Sara White After Recording;Please Retum To: American Tower Corporation 10 Presidential Way Parasec Title Dept. Woburn, M A 01801 W.O.# Attn: Land Management ~ 280 G~tewaY Oaks Dr. #200 ATC Site #98532 Sacramento, CA 95833-3509 ATC Site Name: Hastings (NE) Tax Parcel ID Number(S): MEMORANDUM OF LEASE ADAMS COUNTY, NE FILED INST. N0.2~Q$.j,.4 ~ 1 `Dafe y -7 - o ~ Time,~~~'J S~QI~YSwiR~ (/ REGISTER OF DEEDS This MEMORANDUM OF LEASE (`Memorandum"; is entered into on the ~_ day of ~~~ 2007, by and between PWDW, If,LC (hereinafter referred to as "Lessor") and ALLTEL Communications, Inc., a Delaware corporation, with an address of One Allied Drive, Little Rock, AR 72202 (hereinafter referred to as "I~~essee"). WITNESSETH: WHEREAS, Philip F. Werner, Jr., Colleen Werner, David G.K. Werner, and Jane Werner, predecessor in interest to Lessor and Nebraska Cellular Telephone Corporation, predecessor in interest to Lessee, executed and entered into that certain Land Lease Agreement dated July 15, 1994 (the "Lease"), for the purpose of installing, operating and maintaining a communications facility and other improvements on the Site (as described in Exhibit A attached hereto and incorporated by reference herein; said Exhibit A may be replaced with a survey depicting the actual legal description); and WHEREAS, Lessee entered into that certain Lease and Sublease Agreement with American Towers, Inc. and other parties identified therein (the "Sublease"), dated December 19, 2000 whereby Lessee has subleased the Leased Premises to American Towels, Inc.; and WHEREAS, Lessor and Lessee desire to amend the Lease as set forth herein, and American Tower, Inc. desires to acknowledge said Amendment. Any terms in the Lease that differ from the meanings of such terms as used herein shall be construed as being consistent with . the terms expressed herein, solely as it relates to the subject matter hereof; and WHEREAS, Lessor and Lessee desire to amend certain provisions in the Lease. Hastings (NE) #98532 l ~f5 20081401 !: NOW, THEREFORE, in consideration of the Lease and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee hereby agree as follows: 1. The terms and conditions of said Lease are incorporated into this Memorandum by reference. 2. Premises: Subject to the terms of the Lease, Lessor has leased to Lessee a portion of the real property described in Exhibit A attached hereto and incorporated herein by reference. 3. Term: The parties would like to extend the current lease term. Lessee shall have the irrevocable right and option to renew this term for each of four (4) additional five (5) year renewal terms (each "Renewal Term") commencing on September 1, 2014. Each Renewal Term shall be automatically exercised by Lessee unless Lessee provides Lessor with written notice of its intent not to renew the Lease. The final expiration date is August 31, 2034. 4. This Memorandum is not a complete summary of the terms and conditions contained in the Lease. Provisions in the Meinoranduin shall not be used in interpreting the Lease provisions. In the event of a conflict between this Memorandum and the Lease, the Lease shall control. [SIGNATURES NEXT PAGE] Hastings (NE) #98532 Of s 2008140: IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first above written. LESSOR: WITNESSES: PWD LLC BY P W Enterprise Inc. -Manager By: Philip F. Werner Jr. Its: President ACKNOWLEDGEMENT State of Nebraska County of Adams ) On July 13, 2007 before me, Tames C McKeg (here insert name), a Notary Public, personally appeared phi 1_*i>p F Wern r Tr, ,personally known to ine (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~.. ~ s ~o~ry Public < t Name: James (:. MrKPa My commission expires: 7/3/2008 JAME8 ~ McKE ~~ GENERl1t NOTARIAI. ldEA6. STATE OF NEBRASKA Commission F.x~ites July 3, 2(X~j Hastings (Nl) #98532 igna ure Print Name: xarPn M-' Hnf~tetter ~~~ ~~~x _z Signature Print Name: Julie Budnick pf.l ~oos~~o~. LESSEE: WITNESSES: ALLTEL Communications, Inc., a Delaware corporation Signatur ~~ Pri "t Name:-' ~ ~ Dl/f-~ ture t Print Name: ~{/~ 1 ~~~ ACKNOWLEDGEMENT State of ~l`~~~-l County of VL~ ) , On ~ ` before me, (here insert name), a Nota Pu lic, personally arreared q, , rersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the insh•ument. WITNESS my hand and official seal. AR, ~~/ ~N Notary Public Print Name: My commission expir E P/ r'2` .,N NO. lv~ lc r~~yaptRAy Jac ~~ ~ ~ ~~ ~ LPL ao ~2Z' 9.1~ p~RES 10'~~ Q+Q Hastings (NE) #98532 ,~ofs `~U081401 EX~IIBIT A Lot One (1), Tower Subdivision, a tract of land located in the Northeast Quarter of Section 9, Township 7 North, Rang 9 West of the 6`h P.M., Adams County, Nebraska ~~ t Nitf lHi .Gt P3(a `" fi ~, ~. ~ s r .: r ~ .._ _ _.~ r~ - ,~ y i.. ~1 / ~ 7- /% I 'I _.i !~ r~ ~n~'w` ~ ~ ` Ire' -- a- .3 € ,~ { ~ ~~ ~ ~ `, E . s3 ~ t M~ h .` ~S } ~' , f '~, (3 ~~~ {{. _ -._._ r.: A AJ'E f- iJ. aura~au .,I' t arv~r3 ~ `V ~M W f~l~ uuQ 1"~~ Hastings (I~1E) #98532 e7 +~ er7