FIRST MODIFICATION
TO AGREEMENT OF LEASE
(With Owner Consent)
THIS AGREEMENT is made and entered into by and between XXX X. XXXXXXX,
d/b/a/ TENNESSEE VALLEY COMMUNICATIONS ("Lessor") and CROSSVILLE TV LIMITED
PARTNERSHIP ("Lessee").
WITNESSETH: THAT, WHEREAS, the parties hereto are parties to that certain
Agreement of Lease dated March 20, 1997, and to which Agreement of Lease
specific reference is hereby made;
AND, WHEREAS, the parties now desire to amend the Agreement of Lease as
hereinafter set forth, otherwise to remain in full force and effect as
originally executed.
NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00),
and other good valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto do hereby agree that the Agreement of
Lease shall by amended, so as to ad the following language to paragraph 10
thereof:
"Notwithstanding any other provision of this Agreement of
Lease which may be to the contrary, the parties agree that
Lessee shall have the full responsibility for any and all
damage or loss of any nature on or to the property Lessor
(or others in possession through Lessor) caused by any of
Lessee's equipment, including but not limited to damage or
loss from the falling of the tower, within a radius of 790
feet from the base of the tower."
IN WITNESS WHEREOF, the parties have executed this First Modification to
Agreement of Lease on this the 23rd day of May, 1997.
LESSOR:
/s/Xxx X. Xxxxxxx
_______________________________ ____________________________________
WITNESS XXX X. XXXXXXX, d/b/a
TENNESSEE VALLEY COMMUNICATIONS
LESSEE:
CROSSVILLE TV LIMITED PARTNERSHIP
By C.W. TV, Inc., General Partner
/s/Witness By /s/Xxxxxxx X. Xxxxxx
_______________________________ ____________________________________
WITNESS XXXXXXX X. XXXXXX, PRESIDENT
/s/Witness
________________________________
WITNESS
STATE OF TENNESSEE Section
Section
COUNTY OF Xxxxxxxx Section
Personally appeared before me, Xxxx X. Xxxxxxx, a duly commissioned Notary
Public in and for the State and County aforesaid, XXX X. XXXXXXX d/b/a Tennessee
Valley Communications with whom I am personally acquainted, and who acknowledged
that he executed the within instrument for the purposes therein contained.
Witness my hand at office this the 23rd day of May, 1997.
/s/ Xxxx X. Xxxxxxx
________________________________________
Notary Public
My Commission Expires: 2-25-98
CONSENT
THE UNDERSIGNED OWNER, having consented to the Agreement of Lease between
XXX X. XXXXXXX, d/b/a Tennessee Valley Communications, and CROSSVILLE TV LIMITED
PARTNERSHIP, dated March 20, 1997, and which Consent Agreement is likewise dated
March 20, 1997, does hereby agree and consent to the terms of the First
Modification to the Agreement of Lease, to which this Consent is attached.
DATED this 11th day of June, 1997.
THE COAL CREEK MINING &
MANUFACTURING COMPANY
By: /s/ Xxxxx Whieke
__________________________
Title: General Manager
STATE OF TENNESSEE Section
Section
COUNTY OF Xxxxxxxx Section
Personally appeared before me, Xxxx X. Xxxxxxx, a duly commissioned Notary
Public in and for the State and County aforesaid, Xxxxx Whieke, with whom I am
personally acquainted, and who acknowledged that __he executed the within
instrument for the purposes therein contained, and who further acknowledged that
__he is the General Manager for the Maker, THE COAL CREEK MINING & MANUFACTURING
COMPANY, or a constituent of the Maker, and is authorized by the Maker or by its
constituent, the constituent being authorized by the Maker, to execute the
foregoing instrument on behalf of the Maker.
Witness my hand at office this the 11th day of June, 1997.
/s/ Xxxx X. Xxxxxxx
______________________________
Notary Public
My Commission Expires: 0-00-00
XXXXX XX XXXXXXX Xxxxxxx
Xxxxxxx
XXXXXX OF Xxxx Section
Personally appeared before me, Xxxxxxxx X. Xxxxxx, a duly commissioned
Notary Public in and for the State and County aforesaid, XXXXXXX X. XXXXXX, with
whom I am personally acquainted, and who acknowledged that she executed the
within instrument for the purposes therein contained, and who further
acknowledged that she is the PRESIDENT of C.W. TV, INC., the general partner of
the Maker, CROSSVILLE TV LIMITED PARTNERSHIP, or a constituent of the Maker, and
is authorized by the Maker or by its constituent, the constituent being
authorized by the Maker, to execute the foregoing instrument on behalf of the
Maker.
Witness my hand at office this the 29th day of July, 1997.
/s/ Xxxxxxxx X. Xxxxxx
__________________________________
Notary Public
My Commission Expires: Xxxxxxxx X. Xxxxxx
My Commission # CC460029 Expires
July 13, 1999
Bonded Thru Xxxx Xxxx Insurance, Inc.
