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<br />
<br />3
<br />Site: MINC CRAIG’S LIST
<br />BUN: 830671
<br />4846-5132-9375.5101460\003078
<br />or remedies of the lessor under the Lease Agreement. Grantor shall notify Grantee in writing
<br />within fifteen (15) calendar days of Grantor’s receipt of any payment in respect of rent, income,
<br />charges, interest, penalties, fees and other revenue payable by the Lessee, and Grantor shall
<br />forward such payment to Grantee within said five (5) day period. In the event that Grantor fails to
<br />forward to Grantee any payment as provided hereunder, Grantee shall have the right to collect
<br />such payment from Grantor together with interest on such payment at the greater of the (i) the rate
<br />provided by statute where the Easement is located or (ii) 12% per annum (calculated from the date
<br />five (5) days after Grantor receives such payment until Grantor pays such sums due to Grantee)
<br />and shall have a lien against Grantor’s Property with respect thereto. Grantor shall, however,
<br />continue to pay, perform, and otherwise discharge all obligations and liabilities of the lessor under
<br />the Lease Agreement with respect to Grantor’s Property, whether arising prior to, on, or after the
<br />date hereof. Without limiting the generality of the foregoing, Grantor shall: (a) fully, faithfully
<br />and timely perform all covenants to be performed by Grantor under the Lease Agreement;
<br />(b) promptly pay all mortgages, loans, liens, judgments and all real estate, personal income and
<br />other taxes that may become due with respect to Grantor’s Property; (c) promptly execute,
<br />without any additional consideration, all letters of authorizations, permits, applications or other
<br />documents required for Grantee to fully enjoy the Easement or the Lease Agreement; (d) not
<br />suffer or allow any breach, default or event of default by Grantor to occur under the Lease
<br />Agreement; and (e) not take any action for the purpose of, or with the effect of, inducing or
<br />causing the Lessee not to exercise a right to renew or extend the Lease Agreement. Failure to
<br />comply, in whole or in part with this Section shall constitute a default by Grantor of the terms
<br />hereof and entitle Grantee to the remedies provided in Section 14 of this Easement.
<br />5. Permitted Uses. The Easement Area shall be used for constructing, maintaining,
<br />repairing, replacing, demolishing, staging and storing equipment and materials (in connection
<br />with construction or maintenance activities), and operating communications facilities and energy
<br />generation facilities for energy to be used on and off the Easement Area, including without
<br />limitation, tower structures, antenna support structures, cabinets, meter boards, buildings,
<br />antennas, cables, equipment and uses incidental thereto including those necessary for Grantee’s
<br />compliance with its obligations under the Lease Agreement (the “Permitted Use”). No facilities
<br />or structures installed or constructed on the Easement Area by Grantee shall constitute a fixture,
<br />but shall remain the personal property of Grantee. Grantor acknowledges that Grantor has no
<br />right to object to or approve any improvements to be constructed on the Easement Area. If
<br />requested by Grantee, Grantor will execute, at Grantee’s sole cost and expense, all documents
<br />required by any governmental authority in connection with any development of, or construction
<br />on, the Easement Area, including documents necessary to petition the appropriate public bodies
<br />for certificates, permits, licenses and other approvals deemed necessary by Grantee in Grantee’s
<br />absolute discretion to utilize the Easement Area for the Permitted Use. Grantor agrees to be
<br />named applicant if requested by Grantee. In furtherance of the foregoing, Grantor hereby
<br />appoints Grantee as Grantor’s attorney-in-fact to execute all land use applications, permits,
<br />licenses and other approvals on Grantor’s behalf. Grantee shall immediately provide Grantor
<br />with copies of all land use applications, permits, licenses, and other approvals which Grantee has
<br />executed on Grantors behalf. Grantor shall be entitled to no further consideration with respect to
<br />any of the foregoing matters. Grantor shall take no action that would adversely affect the status
<br />of the Easement Area with respect to the Permitted Use.
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