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<br />90. <br /> <br />ASSIGNMENT OF LEASE <br /> <br />STATE OF TEXAS S <br />S <br />COUNTY OF CALDWELL S <br /> <br />THIS AGREEMENT is made between Cyle E. Hogue and Sally C. Hogue, called Assignor <br />in this Agreement, and Mike Wakeland, called the Assignee in this Agreement. <br /> <br />WHEREAS, the City of San Marcos as Lessor and Cyle E.Hogue and Sally C. Hogue as <br />Lessees entered into a Lease (the "Lease") dated July 28, 1998, which covers a 3,000 square foot <br />tract of property at the San Marcos Airport, William Pettus Survey, Caldwell County, Texas, <br />described therein and also as described in the attached Exhibit A; and <br /> <br />WHEREAS, the Assignor now desires to assign the Lease to the Assignee, and the <br />Assignee desires to accept the assignment, subject to the terms and conditions of this Assignment <br />of Lease. <br /> <br />ASSIGNMENT AND AGREEMENT <br /> <br />1. In consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and <br />valuable consideration, the receipt and sufficiency of which is acknowtedged by this Agreement, <br />and the agreement of the Assignee set forth below, the Assignor assigns to the Assignee and <br />Assignee's heirs, executors, administrators, successors and assigns, all of Assignor's rights, title <br />and interest in and to the Lease. The Assignee accepts the assignment, and in addition, <br />expressly assumes and agrees to perform and fulfill all the terms and covenants, conditions and <br />obligations of the Assignor as the Lessee under the Lease, including the making of all payments <br />due to or payable on behalf of the Lessor when due and payable. <br /> <br />2. This assignment is subject to approval by the City of San Marcos. This Assignment will <br />become effective on the date it is executed by the City of San Marcos. <br /> <br />3. It is understood and agreed that in the event the Lease is renegotiated between the City <br />of San Marcos and the Assignee, that the Assignor shall be released from all liability under the <br />Lease. <br /> <br />4. This Agreement shall be binding on and inure to the benefit of the parties to this <br />Agreement, 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 />Mike Wakeland <br />5204 Cuesta Verde <br />Austin, Texas 78746 <br /> <br />DATE: January 26, 2000 <br />