c. Lease agreement for radio tower site

Site 10: N020255-A-02 Site Name: Tower City, NO Tower Tenant Site 10: Tenant Site Name: ANTENNA SITE AGREEMENT 1. Premises and Use. SBA STRUCTURES. INC., a Florida corporation ("Owner") leases to CASS COUNTY GOVERNMENT a North Dakota corporation ("Tenant"), the site described below: Tower antenna space; Ground space for placement of Pad or Shelter ("Shelter") for Tenant's base station equipment consisting of approximately 192 square feet; and space required for Tenant's cable ladders, cable runs and cable bridges to connect telecommunications equipment and antennas, in the location shown on Exhibit A, together with a non- exclusive easement for reasonable access thereto and to the appropriate, in the discretion of Tenant, source of electric and telephone facilities (collectively, the "Site"). The Site will be used by Tenant for the purpose of installing, removing, replacing, modifying, maintaining and operating, at its expense, a telecommunications service system facility consisting of the antenna(s) and related equipment set forth on Exhibit B (the "EquiPment"). If Tenant desires to place equipment on the Site in addition to that listed on Exhibit Bo Owner and Tenant will negotiate the placement of the additional equipment and the associated increased rent. The placement of substitution equipment in accordance with Section 9 shall not constitute additional equipment unless the same shall utilize additional space or capacity. Tenant will use the Site in a manner which will not unreasonably disturb the occupancy of Owner's other tenants. 2. Term. The "Initial Term" of this Agreement shall be one (1) year beginning on the date set forth below ("Commencement Date") and terminating on the fir~t anniversary of the Commencement Date. ThIs Agreement will automatically renew for twenty (20) additional terms (each a "Renewal Term") of one (1) year each, unless either party provides notice to the other of its intention not to renew not less than one- hundred and twenty (120) days prior to the expiration of the Initial Term or any Renewal Term. COMMENCEMENT DATE: The earlier of the date Tenant begins installation of its Equipment at the Site or July 1, 2007. 3. Rent. Annual Rent in the amount of Twelve Thousand and no/100 Dollars ($12,OOO.OO) ("Rent") will be due on the Commencement Date and will be increased (and due) annually on each anniversary of the Commencement Date (during the Initial and all Renewal Terms) by 4% of the annual rate in effect for the prior year. Rent shall be apportioned for any fractional year in which the Term begins or ends. This Agreement shall be effective on the date last executed by the parties provided that Rent shall be subject to change at the discretion of Owner if this ANTSITE 11-20-00 April 25. 2007 lease is not executed by Tenant and returned to Owner by May 15, 2007. 4. Security Deposit. Intentionally Omitted. 5. Title and Quiet Possession. Owner represents and agrees (a) that it is in possession of the Site as lessee under a ground lease ("Ground Lease"); (b) that if applicable, upon request from Tenant, Owner will prOVide to Tenant a copy of the Ground Lease with financial and other confidential terms redacted; (c) that it has the right to enter into this Agreement; (d) that the person signing this Agreement has the authority to sign; and (e) that Tenant is entitled to the quiet possession of the Site subject to zoning and other requirements imposed by governmental authorities, any easements, restrictions, or encumbrances of record throughout the Initial Term and each Renewal Term so long as Tenant is not in default beyond the expiration of any cure period. Notwithstanding anything to the contrary contained in this Agreement, if the Site is subject to a Ground Lease, either party may terminate this Agr~ement without further liability upon the termination or expiration of Owner's right to possession of the Site under the Ground Lease. Owner will not do, attempt, permit or suffer anything to be done which could be construed to be a violation of the Ground Lease. This Agreement is subordinate to any mortgage or deed of trust now of record against the Site. Promptly after this Agreement is fully executed, if requested by Tenant, Owner will request the holder of any such mortgage or deed of trust to execute a non- disturbance agreement in a form provided by Tenant, and Owner will cooperate with Tenant at Tenant's sole expense toward such an end to the extent that such cooperation does not cause Owner additional financial liability. Tenant will not, directly or indirectly, on behalf of itself or any third party, communicate, negotiate, and/or contract with the lessor of the Ground Lease, unless Owner's rights under the Ground Lease have been terminated. 6. Assignment/Subletting. Tenant may not assign or transfer this Agreement without the prior written consent of Owner, which consent will not be unreasonably withheld, delayed or conditioned. However, Tenant may assign without the Owner's prior written consent to any party controlling, controlled by or under common control with Tenant provided that the assuming party has comparable credit quality to that of Tenant. Tenant may not sublease this Agreement. In no event will Tenant be relieved of any obligations or liability hereunder. 7. Access and Security. Tenant will have the reasonable right of access to the Tower where its Equipment is located; provided that Tenant must give 1 Tenant Initials: Owner Initials:-----rc..,-.mr1 --- ~A~