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<br />165. <br /> <br />ASSIGNMENT OF LEASE <br /> <br />STATE OF TEXAS <br />COUNTY OF HAYS <br /> <br />This Assignment of Lease is made between Cyle E. Hogue and Sally C. Hogue (the <br />"Assignor") and Michael R. Renck (the "Assignee"). <br /> <br />WHEREAS, the City of San Marcos (the "City") as Lessor and Cyle E.Hogue and Sally C. <br />Hogue as Lessees entered into a Lease (the "Leasej dated September 28, 1999, which covers a <br />5,600 square foot tract of property at the San Marcos Airport, William Pettus Survey, Caldwell <br />County, Texas, described therein and also as described in the attached Exhibit A (the "Property"); <br />and <br /> <br />WHEREAS, Cyle E. Hogue and Sally C. Hogue assigned the Lease to the Assignor on April <br />23,2004; and <br /> <br />WHEREAS, the Assignor now desires to assign the Lease to the Assignee, and the Assignee <br />desires to accept the assignment, subject to the terms and conditions of this Assignment of Lease. <br /> <br />ASSIGNMENT AND AGREEMENT <br /> <br />1. In consideration ofthe sum of $10.00 and other good and valuable consideration, the receipt <br />and sufficiency of which is acknowledged by this Agreement, and the agreement of the Assignee set <br />forth below, the Assignor assigns to the Assignee and Assignee's heirs, executors, administrators, <br />successors and assigns, all of Assignor's rights, title and interest in and to the Lease. The Assignee <br />accepts the assignment, and expressly assumes and agrees to peñorm and fulfill all the terms and <br />covenants, conditions and obligations of the Assignor as the Lessee under the Lease, including the <br />making of all payments due to or payable by the Lessor when due and payable. <br /> <br />2. This assignment is subject to approval by the City. This assignment will become effective on <br />the date the City Council adopts a resolution approving this assignment. <br /> <br />3. It is understood and agreed that the Assignor remains responsible for the Assignee's faithful <br />peñormance of all obligations of the Lessee under the Lease. In the event the Lease is renegotiated <br />or amended by the City and the Assignee, then the Assignor will be released from this responsibility. <br /> <br />4. This Agreement is binding on and will inure to the benefit of the parties to this Agreement, <br />their heirs, executors, administrators, successors in interest, and assigns. <br /> <br />5. The Assignee's address for notice purposes under Paragraph 17.1 of the Lease is: <br /> <br />Michael R. Renck <br />2290 FM 20 <br />Red Rock, Texas 78662 <br />