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<br />RECEIVED <br />..IAN .1 5 2008 <br /> <br />Francisco J. Gonzalez, :RA. <br /> <br />ATTORNEY AT LAW <br /> <br />Cororado Water ConservEtHon b';", <br />\ .' ~ <br /> <br />LAKE WELLINGTON PROFESSIONAL CENTRE <br />12230 Forest Hill Boulevard. Suite 216 . Wellington, Florida 33414 <br />(561) 227-1575 . fax (561) 227-1574 <br />email: fgonzalez@lawfjg.com <br />website: www.lawfjg.com <br /> <br />January 14, 2008 <br /> <br />VIA FEDERAL EXPRESS/OVERNIGHT DELIVERY <br /> <br />State of Colorado <br />Dept of Natural Resources <br />Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br /> <br />RE: Option and Lease Agreement dated January 19, 2000 between <br />Ute Water Conservancy District and NTCH-Colorado, Inc. as <br />assigned to SBA Towers II LLC <br />Property located in Mesa County, Colorado <br /> <br />Dear Sir/Madam: <br /> <br />Please be advised that my firm is legal counsel to SBA Towers II LLC ("SBA"). SBA has <br />entered into an agreement with NTCH-Colorado, Inc. ("NTCH"), to acquire certain cellular tower <br />sites. As part of such transaction, NTCH shall assign its interest in the above referenced Option <br />and Lease Agreement to SBA. <br /> <br />Our title search has revealed that the State of Colorado for the use and benefit of the <br />Department of Natural Resources, Water Conservancy Board has a deed of trust with the fee <br />owner of the subject site. (A copy of the Deed of Trust is attached hereto for your reference.) In <br />order to close the transaction, SBA is hereby requesting that your institution recognize SBA's <br />rights under the above Option and Lease Agreement and not disturb same in the event of a <br />default by the fee owner under your loan. <br /> <br />Toward that end, I have enclosed for your review a Non-Disturbance and Attornment <br />Agreement. If same meets with your approval, kindly have the appropriate representative from <br />your institution fully execute the document where indicated and return same to my offices. As <br />closing is pending your response, your prompt attention to this matter is greatly appreciated. <br /> <br />If you should have any questions regarding this correspondence, please contact me at <br />the above referenced number. Thank you for your anticipated cooperation and prompt <br />response to our request. <br /> <br />Sincerely Yours, <br /> <br />F~OJ 2c <br /> <br />FJG/lk <br />Encl <br />