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WHEREAS, on May 7, 2015, Assignor executed an "Assignment of <br />Permits, Permit Reclamation Bonds, Approvals, Documents, Intangible Rights <br />and Other Interests Pertaining to Property" in favor of Assignee whereby the <br />cash deposits (referenced above) and held in escrow with County, transferred to <br />Assignee, to the extent they are transferable; and <br />WHEREAS, the Cash Deposit and Escrow Agreement shall not be <br />assigned without the express written approval of the County; and additionally, <br />any amendment, deletion, modification, extension, or revision to the Cash <br />Deposit and Escrow Agreement shall be in writing, and executed by authorized <br />representatives of each party, <br />NOW, THEREFORE, the parties agree as follows: <br />1. The above recitals are true and accurate. <br />2. The obligations under the Cash Deposit and Escrow Agreement — <br />SP -MA -05-01-02 (PH1)(2004040371) Re Ranch Road Lake Sand Mine, Phase 1 <br />is assumed by Assignee in accordance with that certain Notice of Transfer and <br />Assumption of Site Plan Approvals and Obligations on file with County. <br />3. The cash being held in escrow under the terms of the Cash Deposit <br />and Escrow Agreement — SP -MA -05-01-02 (PH1)(2004040371) Re Ranch Road <br />Lake Sand Mine, Phase 1 is earmarked for the benefit of Assignee and shall be <br />returned to Assignee upon compliance and restoration of the phase if Assignee <br />performs in all respects the obligations of Indian River County Code Chapter 934 <br />with respect to site plan compliance and site restoration, absent any assignment, <br />bankruptcy or court order. <br />4. The terms and conditions of the Cash Deposit and Escrow <br />Agreement — SP -MA -05-01-02 (PH1)(2004040371) Re Ranch Road Lake Sand <br />Mine, Phase 1 remain unchanged in all other respects. <br />By: <br />2 <br />DAV 11 A. SOSNE, CHATER 7 <br />TRUSTEE FOR THE BANKRUPTCY <br />ESTATE OF RANCH ROAD LAKE, <br />L.L.C., a Florida limited liability <br />company <br />Assignor <br />