2018-684-E AMS - Chapel Hill Carrboro Bd of Education easement

Browse Search

and the Premises is described in that Memorandum of Lease Agreement recorded in the Registry in Book 1849,Page 546; and WHEREAS, Assignee and BellSouth Carolinas PCS, L.P., a Delaware limited liability company, dlbla Bellsouth Mobility DCS ("BellSouth"), entered into that Option and Lease Agreement dated November 6, 1998 (as amended and assigned, the "BellSouth Lease") (the GTE Mobilnet Lease and the BellSouth Lease hereinafter collectively referred to as the "Lease Agreements"), whereby Assignee leased to BellSouth a portion of Assignor's Property (together with access easements, utility easements, and rights of way, being the"Property"). Notice of the BellSouth Lease is provided by and the Property is described in that Memorandum and Amendment of Lease recorded in the Registry in Book 1861, Page 586; and WHEREAS, Assignee conveyed all of its right, title and interest in Assignor's Property to Assignor pursuant to that North Carolina General Warranty Deed recorded on January 15, 2414, in the Registry in Book 5743,Page 496; and WHEREAS, Assignor hereby desires to assign any and all of Assignor's right, title, and interest in the Lease Agreements to Assignee. NOW, THEREFORE, for mutual promises contained herein, the parties hereto agree as follows: 1. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Lease Agreements. The recitals are incorporated herein by reference. 2. Assignor hereby transfers, assigns and conveys unto Assignee, its successors and assigns, any and all of Assignor's right, title and interest in the Lease Agreements(the"Assigned Rights"). 3. Assignor hereby represents, warrants, covenants and agrees as follows: (a) Assignor has full right and authority to execute and deliver this Assignment and to assign the Assigned Rights to Assignee, and all consents, approvals and authorizations necessary for Assignor to consummate the transaction contemplated hereby have been obtained; (b) Assignor is the lawful owner of the Assigned Rights, no other party has any interest in or claim against the Assigned Rights, the Assigned Rights are free from all liens, and Assignor will warrant and defend the same against the lawful claims and demands of all persons whomsoever; and (c) Assignor is the current lessor under the Lease Agreements, the Lease Agreements are in full force and effect, and no default exists under the Lease Agreements on the part of either Assignor, as lessor, or the lessee thereunder, and, to Assignor's knowledge, no event or condition has occurred or exists which, with notice or the passage of time or both, would constitute a default by either lessor or lessee under the Lease Agreements. 4. This Assignment may be executed in multiple counterparts, each of which may be treated as an original and which together shall constitute one and the same instrument. Culbreth BU 8144441 Chapel Hill I3U 813283 I��il�1�4�3dtl �Vll I�III�lI I��II�III III PP.AB 4354410v2 -2- df l it Il f111 RB6550 559 214