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RECORDING REQUESTED BY, AND WHEN RECORDED, RETURN TO: GRAHAM & DUNN PC/BUSCH Pier 70 2801 Alaskan Way - Suite 300 Seattle, WA 98121-1028 Grantor: Grantee: Parcel Number: Site Number & Name: MEMORANDUM OF LEASE City of Moscow, Idaho, a municipal corporation of the state ofldaho RCC Holdings, Inc., a Minnesota corporation M0400001002A Moscow l (ID1904) This Memorandum of Lease is made by and between RCC HOLDINGS, INC., a Minnesota corporation, whose address is 3905 Dakota Street SW, P.O. Box 2000, Alexandria, MN 56308-2000 (hereinafter referred to as "Lessee"), and City of Moscow, Idaho, a municipal corporation of the state of Idaho, (hereinafter referred to as "Lessor"). RECITALS WHEREAS, Lessor and Lessee have executed that certain Wireless Communication Facility Agreement Between City of Moscow, Idaho and Rural Cellular Corporation Residence Street Water Tower ("Agreement") dated as of March 22, 2005, covering certain premises ("Premises") situated on certain real property located in the County of Latah, State ofldaho, and more particularly described in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, Lessor and Lessee desire to record notice of the Agreement in the county's official records; NOW, THEREFORE, in consideration of the foregoing, Lessor and Lessee hereby declare as · follows: 1. Demise. Lessor has leased Premises to Lessee (together with access rights), and Lessee has hired the Premises from Lessor, subject to the terms, covenants and conditions contained in the Agreement for the purpose of constructing, operating and maintaining a wireless communication facility and other improvements. All of the foregoing are set forth in the Agreement. 2. Expiration Date. The term of the Agreement commenced on March 22, 2005, and shall expire five years thereafter, subject to Lessee's option to extend the term for four additional terms of five successive years each. Memorandum of Lease - 1 - 2005-11 ---PAGE BREAK--- 496508 3. Agreement Controlling. This Memorandum is solely for the purpose of giyj¢"'· . constructive notice of the Agreement. In the event of conflict between the terms of the Agreement and this Memorandum, the terms of the Agreement shall control. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. LESSOR: City of Moscow, Idaho, a municipal corporation of the State ofldaho Memorandum of Lease LESSEE: RCC Holdin , Inc., a Minneso corp ra "on, Richard P. Ekstrand President & CEO - 2 - ---PAGE BREAK--- Site Number: ID 1904 EXHIBIT A LEGAL DESCRIPTION 496508 Site Name: Moscow 1 Lessor's Property, situated in the County of Latah State of Idaho, of which the Premises are a part, is legally described as follows: Legal Description: (Type or copy the full legal description from the title report, or check here D and attach survey as Exhibit A, Page Highland View Addition Block l , Tax Identification Number 2154 of Lot 2 EXEMPT Memorandum of Lease - 3 - ---PAGE BREAK--- LESSOR - REPRESENTATIVE CAP A CITY: STATE OF k::L:Lk() ) I I 1 ) SS. COUNTY OF 0...1J;U-> ) This instrument was c owled ed before me by H. {1 ho is the fW of , personally known to me to be the person wh is subscribed to the wi n instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the entity upon behalf of which he acted, executed the instrument. DATED: 2 (Legibly Print or Stamp Name of Notary) Notary P¡blic in and for the Sl¢1t !f W:"1< a"'oJl"hi'"'"!i"'tN!o'1n My appomtment exprres: · .J O _ RCC HOLDINGS' ACKNOWLEDGMENT STATE OF MINNESOTA ) ) SS. COUNTY OF DOUGLAS ) This instrument was acknowledged before me by Richard Ekstrand, who is the President/CEO of RCC Holdings, Inc., personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the entity upon behalf of which he acted, executed the instrument. DATED: llFg Jie 1}005" Memorandum of Lease Notary Seal L. SHUCK NOTARY PUBLIC· MINNESOTA My Comm. Exp. Jan. 31, 2006 \ esota