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HomeMy WebLinkAbout967943Record and retum to: J. Coleman Prewitt, Esq SBA Network Services, LLC 5900 Broken Sound Parkway, NW Boca Raton, FL 33487 561.226.9365 THIS MEMORANDUM OF ASSIGNMENT "Memorandum is made and entered into as of the date written below and effective as of PaszitOr q 2012, "Effective Date by and between SBA MONARCH TOWERS II, LLC, a Delaware limited liability company "Assignor and SBA MONARCH TOWERS III, LLC, a Delaware limited liability company "Assignee Site Number: WY42086A RECEIVED 11/14/2012 at 1:16 PM RECEIVING 967943 BOOK: 798 PAGE: 143 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY MEMORANDUM OF ASSIGNMENT WITNESSETH: [SIGNATURES ON FOLLOWING PAGE] U 0_43 WHEREAS, pursuant to that certain Master Assignment and Assumption Agreement "Master Assignment Assignor assigned to Assignee all its interest in, among other things, the agreement(s) described on Exhibit B -1 (the "Assigned Agreements encumbering the real property described on Exhibit B -2, both attached hereto. Assignor and Assignee now desire to enter into this Memorandum to give notice of the assignment of the Assigned Agreements. NOW, THEREFORE, for and in consideration of the foregoing and the consideration recited in the Master Assignment, receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption. Pursuant to the Master Assignment, as of the Effective Date, Assignor has assigned, transferred, set over and delivered to Assignee and its successors and assigns all of Assignor's rights, title and interests in and to the Assigned Interests. Assignee has accepted, assumed and agreed to be bound by all of terms and conditions of the Assigned Interests arising after the Effective Date. 2. Miscellaneous. The purpose of this Memorandum is to give notice of the Master Assignment and all its terms, covenants and conditions to the same extent as if the same were fully set forth herein. To the extent that more than one (1) agreement or interest is being transferred from Assignor to Assignee as shown on Exhibit B -1 attached hereto, it is the intention of the parties hereto that such interests shall not merge but shall remain separate and distinct interests in the underlying real property. This Memorandum shall be governed and construed in accordance with the laws of the state in which the real property subject to the Assigned Interests are located without reference to its conflicts of laws principles. l -.2 001.41 IN WITNESS WHEREOF, the parties have caused this Memorandum to be duly executed pursuant to due and proper authority as of the date first above written. ASSIGNOR: SBA MONARCH TOWERS II, LLC By: Thomas P. Hunt Senior Vice President and General Counsel State of Florida County of Palm Beach r4+ The foregoing instrument was acknowledged before me this. day of J &c 2012, by Thomas P. Hunt, Senior Vice President and General Counsel of SBA Monarch Towers II, LLC, on behalf of the company. The above -named ind» idual is personally known to t.. .c .4 ASSIGNEE: SBA MONARCH TOWERS III, LLC B Thomas P. Hunt Senior Vice President and General Counsel CATHLEEN CULLEN RAWLNSON MY COMMISSION EE 206807 r, yam`; o= EXPIRES: August 20, 2016 t:• Bonded Thru Notary Public Underwriters State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this 4-5 day of J 2012, by Thomas P. Hunt, Senior Vice President and General Counsel of SBA Monar Towers III, LLC, on behalf of the company. The above -need individual i personally kno to m �C itL ary Public Print Name: Site Number: CATHLEEN CULLEN RAWUNSON %,ji, MY COMMISSION EE 206807 EXPIRES: August 20, 2016 tt y Bonded Thar Notary Public Underwriters �R6 Notary Public Print Name: My Commission Expires: My Commission Expires: Schedule A Fee Owned NONE 00145 WY42086- A/AFTON -RICH Schedule B -1 Description of the Mortgaged Lease(s) 1.4f Site Lease With Option dated February 20, 2009, by and between Budd M. Rich, Trustee of the Budd M. Rich Living Trust Agreement dated 12 -8 -96, as lessor and T- Mobile West Corporation, a Delaware corporation, as lessee. As evidenced by that certain Memorandum of Lease dated February 20, 2009, by and between Budd M. Rich, Trustee of the Budd M. Rich Living Trust Agreement dated 12- 8-96, as lessor, and T- Mobile West Corporation, as lessee and recorded in the Lincoln County, Wyoming, Land Records on August 2, 2010, at Book 751, Pages 420 -424 in aforesaid records. As assigned by an Assignment of Prime Lease, dated June 30, 2010, by T- Mobile West Corporation, as assignor and Mobilitie Investments II, LLC, a Delaware limited liability company, as assignee and evidenced by a Memorandum of Assignment and Site Lease Agreement, dated June 30, 2010 and recorded in the Lincoln County, Wyoming, Land Records on August 30, 2010 at Book 752, Pages 798 -801 in aforesaid records. As assigned to SBA Monarch Towers III, LLC pursuant to that certain Assignment and Assumption Agreement dated on or about the date hereof, as evidenced by that certain Memorandum of Assignment to be recorded. W Y420 86- A/AFTON -RICH Schedule B -2 Leasehold Interest Tio &tottered of Ida SoetflteWi (parlor pad the Saab t oolliwen Qootior of &Mon 2t;, Torii*n Rink Rolfe TI INtal kr Coe rat. 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Goer* tat Maul* Daad idAwaitl 2,M 2ishaok1deCAaapageliltsf CouotyCiett A1/60, MS AND VICE L't parcel of hid molted to Stem 1.A Ritfi.7nd Roans 1.G RIO) I4 Vt'arratgty DM manta Apr111 ;11192foJ 2491% oo pep f93oftlav :ota Aleck Isds OD [ACM a wool of now* to wflhrd Kirk Sadib seed loft R, 6`awtm hi Warrentriked Headed Ietaty 13,1404 kaQ ISlint as page 471 sad 16 liilelalo Deed mated Unity 1.9d5 In Beep MOM ad pates 64ofmonk of L.iarola Conn cirric a9°, 1,4= M I►1~7C '7 a prod of lad moved trt liRgat 11.'. %Man snrl.I4na e, L3ac tto, Ingf rs ttt Wierriaty DeedrecordedOctober: 11, IStatfn1ledleMitorppee916cfr?etaedtoft :,Uin Coady k. 00 4 WY42086- A/AFTON -RICH 001.45 WY42086- A/AFTON -RICH