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• • • • 18. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): TENANT: BellSouth Mobility Inc 500 Cypress Creek West Suite 700 Fort Lauderdale, Florida 33309 Attn: Manager Real Estate LESSOR: Board of County Commissioners Indian River County 1840 25th Street Vero Beach, Florida 32960 19. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 20. At LESSOR's option, this Agreement shall be subordinate to any mortgage by LESSOR which from time to time may encumber all or part of the Property or right of way; provided, however, every such mortgage shall recognize the validity of the Agreement in the event of a foreclosure of LESSOR'' interest and also TENANT," right to remain in occupancy of and have access to the Property as long as Tenant is not in default of this Agreement. TENANT shall execute in a timely manner whatever instruments as may reasonably be required to evidence this subordination clause. In the event the leased Property is encumbered by a mortgage, the LESSOR, no later than ten (10) days after this lease is exercised, shall have obtained and furnished to TENANT a non -disturbance instrument in recordable form for each such mortgage. At TENANT's option, should LESSOR fail to provide such instrument within the specified time period, TENANT may withhold and accrue the monthly rental until such time as the non -disturbance agreement(s) is received. 21. If the whole of the Leased Premises, right of way or easements or such portion thereof as will make the premises unusable for the purposes herein leased, are condemned by any legally constituted authority for any public use or purpose, then in either of said events the term hereby granted shall cease from the time when possession thereof is taken by public authorities, and rental shall be accounted for as between LESSOR and TENANT as of that date. Any lesser condemnation shall in no way affect the respective rights and obligations of LESSOR and TENANT hereunder Nothing in this provision shall be construed to limit or affect TENANT's right to an award of compensation of any eminent domain proceeding for the taking of TENANT's leasehold interest hereunder. 22 TENANT, at TENANT'S option may erect either a self supporting tower or a guyed tower suitable for his proposed use. Should TENANT choose to erect a guyed tower, LESSOR grants TENANT easements for the purpose of anchoring and mounting guy wires extending from TENANT's tower. Said easement shall extend three hundred and fifteen feet (315') in all directions from the Leased Premises. 23. LESSOR grants that TENANT has the following rights: A. Twenty-four hour, seven day a week right of ingress and egress to said guy anchors for the purposes of maintenance, inspection, and installation to insure the proper inatalation and operation of the TENANT'' facility. Such inspection, maintenance and installation shall be TENANT's sole responsibility and all such costs shall be borne by TENANT. B. The right to clear all trees, undergrowth, or other obstructions and to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees and limbs which may interfere with or fall upon TENANT'' tower or tower's guy wires. 144:00. ,?pert'. •I .4•