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ASSIGNMENT AND ASSUMPTION OF LEASE <br />terms, <br />Michael C. Evers and Rebecca Evers, husband and wife, ( "Seller ") hereby <br />assign, transfer, set over and convey to Gail Leetch, a single person, ( "Buyer ") all of <br />Seller's right, title and interest in, under and to a certain written lease dated June 2, <br />2000, attached hereto as Exhibit "B" (the "Lease ") relating to that certain property <br />described on Exhibit "A" attached hereto (the "premises "), and to all rents, profits and <br />sums of money now or hereafter due and owing under the Lease. <br />Seller represents and warrants to Buyer that: <br />261 304019 <br />(1) Exhibit "B" attached hereto contains the Lease, and there are no other <br />leases, tenancies or occupancy agreements affecting or pertaining to the premises, <br />(2) the Lease has not been amended or modified in any manner since the <br />date a copy thereof was delivered to Buyer, <br />(3) the Lease is in full force and effect and enforceable in accordance with its <br />(4) the lessee is not currently in default, and <br />(5) There are no current outstanding claims or demands by any tenants under <br />the Lease or otherwise having to do with the premises. <br />Buyer, in consideration of the execution and delivery of this Assignment, for <br />himself and for his successors and assigns, hereby assumes and agrees to perform all <br />of the obligations, covenants and agreements required to be performed by Seller under <br />the Lease which accrue from and after the date of this Assignment. <br />Seller agrees to indemnify and hold harmless Buyer from any and all demands, <br />claims, causes of action, damages and liabilities (including reasonable attorney fees) <br />asserted against or incurred by the Buyer as a result of Seller's failure to observe or <br />perform the obligations and duties of Seller under the Lease prior to the date of this <br />Assignment. <br />Buyer agrees to indemnify and hold harmless Seller from any and all such <br />demands, claims, causes of action, damages and liabilities (including reasonable <br />attorney fees) arising out of or under the Lease (including reasonable attorney fees) <br />which accrue from and after the date of this Assignment, specifically including but not <br />limited to any responsibility under Section 18 of said Lease. <br />