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� � ' 2oioosss2 ASSIGNMENT AND ASSUMPTION OF K MART LEASE This Assignment and Assumption of K Mart Lease ("Agreement") is made and entered into as of this � day of November, 20]0, by and between Breslin Grand Island Associates, a Nebraska general partnership ("Assignor") and Mid-Country Trading, L.L.C., a Nebraska limited liability company ("Assignee"). WHEREAS, Assign.ee is purchasing the areal property described as Lot Three (3), Park Island Square Subdivision, and Lot One (1), Park Island Square Fourth Subdivision, all located in th:e City of Grand Island, Hall County, Nebraska (the "Property") from Assignor; and WHEREAS, the Property is subject to the K MART 3907 — GRAND ISLAND, NEBRASKA LEASE finally executed aan July 19, 1990, between Park Investments, Ltd., predecessor in i�t�rest ta Assignor, and K Mart Corporation ("Lease"); and WHEREAS, Assignor desires ta assign and transfer to Assignee the remaining interests, rights, obligations and liabilities of Assignor in and to the Lease, and Assignee d�sires to accept such assignment and to assume the abligations and liabilities of Assignor under the Lease. NOW, THEREFORE, in consideration of the prarnises and of the mutual covenants set forth herein, and other valuable consideration, it is agreed: 1. Assi ent. Assignar hereby assigns, grants, bargains and transfers to Assignee as of the date hereof any and all of Assignor's remaining interests, rights, obligations and liabilities in and to the Lease. 2. Acceptance and Assumption. Assignee hereby accepts and assumes the assignment and transfer of the Assignor's remaining interests, rights, obligations, and liabilities in and to the Lease. Assignee prom.ises to faithfully perform any and all covenants, stipulations, agreements and obligations of the Assignor contained in the Lease. 3. Agreement Bindin�. This A�reement shall be binding upon the successors and assigns af the parties hereto. abave. IN WITNESS WHEREOF, this Agreement is effective as of the date herein written