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<br />79. <br /> <br />CONSENT TO SUBLEASE AND ASSIGNMENT OF LEASE <br /> <br />STATE OF TEXAS <br /> <br />COUNTY OF HAYS <br /> <br />The City of San Marcos, Texas, a municipal corporation (the "Lessor"), William M. Soyars <br />("Lessee") and Patrick Michael, d/b/a MGM Cattle Company (the "Assignee") execute this Consent <br />to Sublease and Assignment of Lease related to the Lease of Real Property for Agricultural Use <br />between the Lessor and the Lessee dated December 8, 1997, as amended (the "Lease"). <br /> <br />1. The Lessee is required under Article 4 of the Lease to obtain the approval ofthe Lessor for <br />any sublease of the Leased Premises. In consideration of the agreement by the Lessee and the <br />Assignee to the terms and conditions of this Consent, the Lessor consents to the sublease of the <br />Leased Premises by the Lessee to the Assignee. The Lessee shall provide a copy of the sublease to <br />the Lessor promptly upon execution. <br /> <br />2. The Lessee is required under Article 4 of the Lease to obtain the approval of the Lessor for <br />any assignment of the Lease. The Lessee has requested the Lessor to consent to the assignment of the <br />Lease by the Lessee to the Assignee, the assignment to be effective upon the date of the death of the <br />Lessee, evidenced by an official certificate of death provided by the Assignee to the Lessor. In <br />consideration of the agreement by the Lessee and the Assignee to the terms and conditions of this <br />Consent, the Lessor consents to the assignment of the Lease by the Lessee to the Assignee. The <br />Lessee shall provide a copy of the assignment to the Lessor promptly upon execution. <br /> <br />3. The Lessor, the Lessee and the Assignee agree that the sublease consented to by the Lessor <br />shall not affect the rights and obligations ofthe Lessor and the Lessee under the Lease. The Lessee <br />shall remain responsible to the Lessor for payment of rent, payment of taxes to taxing entities, <br />maintenance of the Leased Premises, maintenance of insurance coverage, and all other obligations of <br />the Lessee under the Lease. <br /> <br />4. The Lessor, the Lessee and the Assignee agree that upon the effective date of the <br />assignment of the Lease by the Lessee to the Assignee, the Assignee shall assume all of the rights <br />and obligations of the Lessee under the Lease, including the payment of rent to the Lessor, payment <br />of taxes to taxing entities, maintenance of the Leased Premises, maintenance of insurance coverage, <br />and all other obligations of the Lessee under the Lease. <br /> <br />5. In all other respects, the terms and conditions of the Lease shall remain in full force and <br /> <br />effect. <br /> <br />Executed in triplicate originals on J u 1 y 5 <br /> <br />, 2005. <br />