Ord 2013-018/Granting the consent to the creation of LaSalle MUD

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EXHIBIT D ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ( "Assignment ") is made and entered into as of the day of between a ( "Assignor "), and a ( "Assignee ") (Assignor and Assignee are hereinafter sometimes collectively referred to as the "Parties" and singularly as a "Party "). RECITALS: A. Assignor is the owner of the rights of the Owner under that certain "Consent Agreement" (the "Agreement ") effective as of , among LaSalle, Holdings, Ltd., a Texas limited partnership, its successors and assigns, collectively as Owner, the City of San Marcos, Texas, as the City, and LaSalle Municipal Utility Districts No._, as the District, relating to the creation and operation of the District, to the extent that the Agreement covers, affects, and relates to the lands described on Exhibit A attached to and made a part hereof of this Assignment for all purposes (the "Transferred Premises "). B. Assignor desires to assign certain of its rights under the Agreement as it relates to the Transferred Premises to Assignee, and Assignee desires to acquire such rights, on and subject to the terms and conditions of this Assignment. NOW, THEREFORE, in consideration of the premises, the mutual covenants and obligations set forth herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties hereby agree and act as follows: 1. Certain Defined Terms. Unless indicated otherwise herein, capitalized terms in this Assignment shall have the same respective meanings as are ascribed to them in the Agreement. 2. Assignment. Subject to all of the terms and conditions of this Assignment, Assignor hereby assigns all [or describe specifically assigned rights if partial] of its rights under the Agreement, insofar as the Agreement covers, affects, and 28