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Home My WebLink AboutECAT15-021 NEC Financial Services LLC - All Star MediaCONSENTA}tDWAryER By owNER, LANDLORD ORMORTGAGEE OF REAL ESTATE (Hereinafter refened to as "Urdersigred') NEC Financial Serviceq Lrc 250 Pehle Avenug Suite 704 Saddle Brmlq New Jersey 07663-5806 The Undersigred is dre owner, landlord or mortgagee of the premises located at 2 I 9 ELDON WILSON ROAD, GYPSIM, CO (hereinafter called the "Preinises') and has leased all on part of the Premises to ALL STAR MEDTA SERVICES, INC. (hereinafter called the "Ocorpant") pursuant to a lease dated December 8, 20 I 5, and said Occupant having leased or purchased or will lease or purchase from NEC Financial Services, LLf, 250 Pehle Avenue, Suite 704, Saddle Brook, New Jersey 07663-5806, (hereinafter refened to as "NEC"), the following property (hereinafter called the "Equipment") described or to be described in a certain Lease Agreement and/or Master kase Agreement and/or Conditional Sales Contract and/or Schedule A and/or Security Agreement, (hereinafter referred to as "Instrument"), by reference to and made a part hereof, dated DecBmber I 6, 20 I 5, between NEC and Occupant the Owner or l,essee of said Equipm€nt descriH as follows: All property on the attached Exhibit A attached hereto and made a part hereof togsther with all accessories, additions and attachments thereto, replacements and substitutions therefore, now owned or hereafter aoquired togdher with all accessorieg additions and attachments thereto, rcplacenrnts and substitutions tlrerefore, now owned or hereafter acquired. h order to induce you to €nter into tre Insnument and for other valuable consideration, receip ofwhich is herrby acknowledgd dre undersigred agrees as bllows: l. Undersigned recognizes and acknowledges that any claim or claims lhat NEC or its assigns fi agents, have or may hereafter have in respect of any Equipment is srperior to any lien, right ot claim ofany nahre which the Undersigned now has or may hereafter have in rEspect ofany Equipment by law, agreement or otlrerwise. 2. Each and every right which the Undenigrred now has, or may hereafter havg under any law, or by virtue ofany agreernen! now in effect or hereafter executed by Undersigned or said Occupan! to levy or dishain upon for rent, in arrears, in advancg or both, or to claim or ass€rt title to the aforesaid Equipment leased or sold by NEC is hereby wd*d und.rrigrud may elect to assume occupant's p'rchase option as set forth in Schedule A dated December 16,2015 to the Master Lease Agreement for the Equipment identified in Sctredule A through an assignment fiom Occupant that is acknowledged and eonsented by Occupan! Undersigned and NEC provided i) Ocopant has made all payments due and owing under the Schedule d ii) Occupant is and has not been in default under any of its obligations with NEC, and iii) with NEC's prior unitten cons€nt. 3' The Equipment shall remain personal prqerty notwithstanding the manner or mode of the attachment of any Equipment to the Premises and shall not become fixtues. 4. This agreement shall also apply to any ofthe above described Equipment whictr is already on the Premises, or rnay hereafter be delivered or installed ttrereon, and are o may hereafter become subject to the aforementioned Instrument. 5. It is trther agreed tlut NEC or its assigns or agents may in the event of defrult by the Occqant or the performance of any of the terms and conditions of the Instnrment, remove lfie Equipmenq or any pad thereof from the Prernises, in accordance with th€ terms ard mnditions of the Instument The Urdersigned will make no claim whatsoever to the Equipment or any intere$ or right therein, ard the Undersigned firther agrees that itwill grant NEC the Right of Enry at any reasonable time to remove said Equipment from the Premises. NEC agrees to negotiate in good faith with Undersigned in the event Undersigned elects to assume Occupant's Instument 6. NEC or its assigns on agents may, witrout affecting tlie validity of this Consent and Waiver, ortend the time of payment of any obligation of the Occupant or the performance of any of the terrns and conditions of the lnstrumen! without the consent of the Undersigrred and without giving notice thereof to the Undasigred. 7. This agreement shall inrne to the benefit of NEC, its successors and assigns and stratl be binding upon the heirs, persoral representatives, successors and assigns of the Undasigred [resl ofpage intentionally left blank] By: By: fagle County CommlssloneG' Offlce ECAT15-021 ,11 IN WIT\ESS WHEREOF, the Undersigned has set his hand and seal, or car-rsecl its hand ancl seal io be atfixedthis Z? dayof |ff-" , 2ol\ Approved and Agreed to: Eagle County Air Terminal Corporation Note: Acknowledgeme[ mut be notdized (see uext page)(Type or print nane) -.-'.-,.:,-, By:r'--.:- ,r, Jt/'ir',. ilw-; Brent McFall, its President STATE OF ACKNOWLEDGMENT TO BE MADE By OWNE& LANDLORI) OR MORTGAGEE OF REAL ESTATE (Hereinafter referred to as "Undersigned") (rNDrvrDUAL) l COTINTY OF \a Notary Public within and for said County, in the State aforesaid" duly commissioned and acting, do hereby certifu that on this _ day of 20-., personally appeared before me Undersigned in the foregoing Consent & Waiver, to me personally well known and known to be the person who signed said Consent & Waiver, who, being by me duly sworn and being informed of the contents of said Consent & Waiver stated and acknowledged on oath that he signed" execute4 sealed and delivered silme as his free and voluntary act and deed, for the uses, purposes and considerations therein mentioned and set forth. WITNESS myhand and seal as such Notary Public the day and year in this certificate above written. My commission expires Notary Public (PARTNERSHIP) STATE OF COIJNTY OF l a Notary Public within and for said County, in the State aforesai4 duly commissioned and acting, do hereby certiry that on this me day of 20 . personally appeared before Undersigned in the foregoing Consent & Waiver, to me personally well known and known to be the persons who signed said Consent & Waiver, and known to be and who, being by me duly sworn and being informed of the contents of said Consent & Waivet stated and acknowledged on oath that they were Partners of _, the Cepartnership named in and which executed the said Consent & Waiver, and that they signed, executed, sealed and delivered same individually and in behalf of the said Co-partnership, with authority, as their and its free and voluntary act and deed for the uses, purposes and considerations therein mentioned and set forth. WITNESS my hand and seal as such Notary Public the day and year in this certificate above written. My commission expires Notary Public (coRPoRATrON) STATE OF COIOTAdO coLrNTy oF Eagle 1, flo?oP 0r-e.1 acting, do hereby certifz that onthis LZ"A day of Deceq& , 20!- persorall (Name of Signer for Undersigned), to me personall rsmally appeared before me 5f€Ilt MC.Foll y well known and known to me to be the person who signed the foregoing Consent & Waiver, and known to me to be and who, being by me duly swom and being informed of the contents of said Consent & Waiver, slpt{ an;{acknowledged to me on oath that he was. President (Title) of Eagle County Air Terminal Corporation,the Corporation named in and which executed the said Consent & Waiver, and that he knows the corporate seal of said Copoation, and that the seal affixed to said Consent & Waiver is the corporate seal of said Corporation, that he was duly authorized to execute said Consent & Waiver, for, in the name of and on behalf of said Corporaticr, and that same was signed sealed, executed and delivered by him in the name of and on behalf of said Corporation by authority of its Board of Directors and that the execution ofsaid Consent & Waiver was his free and voluntary act and deed in his said capacity and acknowledged to me that said Corporation executed the same as its voluntary act and deed and was by him voluntarily executed, on behalfofsaid Corporation for the uses, purposes and considerations therein mentioned and set forth. WTINESS my hand and Notary Public the day and year in this , a Notary Public within and for said County, in the State aforesaid, duly commissioned and ^kd-,20l5.-persorallyappearedbeforeme Brent McFall ffS**?-B ALKI My commission expires Notary Public EXHIBIT A TO THE CONSENT AND WATVER BY OWNER.LANDLORD ORMORTGAGEE OFREAL ESTATE nd made a part of that certain Consent and Waiver by Owner, Landlord or Mortgagee of Real Estate, dated l6xl$5wltchcr (ard for Oftl Swltcheg 8€* Fiber Roceirrer& Room w/lcalor B DIS! 8G forDftt-MOl6ltl6 ererfib*d Flber Optlc C*ble Connector tAfL Telecornmunicatiortr*). S( 50um, I ;-p6{k (r*rf lb*t' 8G Multimode Fibcr Optid Cab,s, 5S/1 25 xd t000ft Cre*Flb*r' Terunln*ttdn K{t {AF[ T*le{oilimunlfi tl,ansnl leicdifl Prsrenlatlon Wdll Plete - Dlgltalll{edl* 8.S* Ffher {Slack} l6"Psrt Po[ Swltch CrEsfibef Slrnplex Fib,er Optic €ablo tusamb$y, 50iIt5, 5C, 3fr Streamlng Output Card for DM Switchers 55. Ultra l*arrnniv BeEal ICD Publlc D$play Monitor, 1920x1080 J Year 8ff High-Ferformarre LED Eacklit Csrnmercial-Grado Dirylay wl Fomat Monitor Mount with LED l# w{dth,4? spa(e t73 ll2"l. 4l- deep eqnfigured digital, front to rear parsive cooling security netwo* enclorue.2 pair 2{ 0utlet l5A Sllm Psrrrsr l&3? threaded s(rew, ffD Fiber0otic Rark Mour* Cable l2' IEC Powrr Cord, 2O 18. lt( PpwerCsrd, f0 Anodlred Flnlsh Ferfor&led DCIor F6st rrrith Rubb€r lml&tlon Booi Ladder Wall lfiU Fiber (rble Ladder Eagle County Air Terminal Corporation DVI/RCS rail. t"cB MF;WPI8?"5"F 4 Brent (T}?e or print nme)