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ASSIGNMENT OF LEASE STATE OF TEXAS COUNTY OF HAYS This Assignment of Lease is made between Frank E. and Dollene B. Bregger (the "Assignor") and William H. and Ann K. McIntosh (the "Assignee"). WHEREAS, the City of San Marcos (the "City") as Lessor and Frank E. and Dollene B. Breggar as Lessee entered into a Lease (the "Lease") dated May 20, 1996, which pertains to the existing building located at 1741 Airport Drive, San Marcos, TX 78666, located on the San Marcos Airport, William Pettus Survey, Caldwell County, Texas, described therein (the "Property"), said Lease recorded in Volume 147, Page 423- 436 of the Official Records of Caldwell County, Texas; and, WHEREAS, the Assignor now desires to assign the Lease to the Assignee, and the Assignee desires to accept the assignment, subject to the terms and conditions of this Assignment of Lease. ASSIGNMENT AND AGREEMENT 1. In consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by this Agreement, and the agreement of the Assignee set forth below, the Assignor assigns to the Assignee and Assignee's heirs, executors, administrators, successors and assigns, all of Assignor's rights, title and interest in and to the Lease. The Assignee accepts the assignment, and expressly assumes and agrees to perform and fulfill all the terms and covenants, conditions and obligations of the Assignor as the Lessee under the Lease, including the making of all payments due to or payable to the City when due and payable. 2. This assignment is subject to approval by the City. This assignment will become effective on the date the City Council adopts a resolution approving this assignment. 3. It is understood and agreed that the Assignor remains responsible for the Assignee's faithful performance of all obligations of the Lessee under the Lease. In the event the Lease is renegotiated or amended by the City and the Assignee, then the Assignor will be released from this responsibility. 4. This Agreement is binding on and will inure to the benefit of the parties to this Agreement, their heirs, executors, administrators, successors in interest, and assigns. 5. The Assignee's address for notice purposes under Paragraph 17.1 of the Lease is: William H. and Ann K. McIntosh 1106 Snowy Owl Ct. Austin, TX 78756 DATEAMAII`? &0 10 '2009 ASSIGNOI'd Frank E. Bregger Dollene B. Bregger ASSIGNEE CX1 Willia H. Mclnt h Q Ann K. McIntosh Assignment of Lease 1 of 2