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EXHIBIT D <br />ASSIGNMENT AND ASSUMPTION AGREEMENT <br />THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Assignment") is made and entered <br />into as of the day of , 20 , between a <br />("Assignor"), and <br />a <br />("Assignee") (Assignor and Assignee are hereinafter, sometimes, <br />collectively referred to as "Parties" and singularly as a "Parry") <br />RECITALS: <br />A. Assignor is the owner of the rights of the Owner under that certain "Consent Agreement" <br />(the "Agreement") effective as of <br />among LaSalle Holdings, <br />LTD., a Texas limited partnership, its successors and assigns, collectively as the Owner, the City of San <br />Marcos, Texas, as the City, and LaSalle Municipal Utility District(s) No. , as the District, <br />relating to the creation and operation of the District, to the extent that the Agreement covers, affects, and <br />relates to the lands described on Exhibit A attached to and made a part hereof of this Assignment for all <br />purposes (the "Transferred Premises"). <br />B. Assignor desires to assign certain of its rights under the Agreement as it relates to the <br />Transferred Premises to Assignee, and Assignee desires to acquire such rights, on and subject to the terms <br />and conditions of this Agreement. <br />NOW, THEREFORE, in consideration of the premises, the mutual covenants and obligations set <br />forth herein, and other good and valuable consideration, the receipt and legal sufficiency of which are <br />hereby acknowledged, the Parties hereby agree and act as follows: <br />Certain Defined Terms. Unless indicated otherwise herein, capitalized terms in this <br />Assignment shall have the same respective meanings as are ascribed to them in the Agreement. <br />