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®ATE: <br />QTEM NO: O. <br />{INDEX NO • _! <br />ASSIGNMENT OF <br />CASH DEPOSIT AND ESCROW AGREEMENT <br />FOR <br />COMPLIANCE AND RESTORATION <br />RE: RANCH ROAD LAKE SAND MINE, PHASE 2 <br />SP -MA -05-01-02 (PH2) (2004040371) <br />THIS ASSIGNMENT OF CASH DEPOSIT AND ESCROW <br />AGREEMENT FOR COMPLIANCE AND RESTORATION, RE RANCH ROAD <br />LAKE SAND MINE, PHASE 1 is made this 7i day of J , 2015, by <br />and between DAVID A. SOSNE, CHAPTER 7 TRUSTEE FOR THE <br />BANKRUPTCY ESTATE OF RANCH ROAD LAKE, L.L.C., a Florida limited <br />liability company, whose mailing address is Summers Compton Wells LLC, <br />8909 Ladue Road, St. Louis, MO 63124 ("Assignor") and " BAYTREE <br />VENTURES, LLC, a Florida limited liability company, whose mailing address <br />is 5955 82"d Avenue, Vero Beach, FL 32966 ("Assignee") and INDIAN RIVER <br />COUNTY, a political subdivision of the State of Florida, having a mailing <br />address of 1801 27th Street, Vero Beach, FL 32960 ("County"): <br />WITNESSETH: <br />WHEREAS, in April, 2010 Ranch Road Lake, L.L.C. executed a <br />Cash Deposit and Escrow Agreement and posted $60,520.00 cash to insure <br />compliance ($41,740.00) and restoration ($18,880.00) with the requirements of <br />the approved mining site plan for Phase 2, known as Ranch Road Lake Sand <br />Mine; and <br />WHEREAS, in January, 2014 creditors of Ranch Road Lake, L.L.C. <br />filed an involuntary petition against it under Chapter 7 of Title 11 of the United <br />States Code; and <br />WHEREAS, in April, 2014 David A. Sosne was duly appointed as <br />the Chapter 7 Trustee in bankruptcy for Ranch Road Lake, L.L.C.; and <br />WHEREAS on April 17, 2015 an Asset Purchase Agreement was <br />entered into between Assignor and Assignee whereby, among other things, the <br />deposits i(referenced above) would transfer to Assignee at closing of the <br />purchase sof the Ranch Road Lane Sand Mine property; and <br />WHEREAS, on April 28, 2015 the United States Bankruptcy Court, <br />Eastern District of Missouri, Eastern Division in Case No. 14-40386-659, issued <br />an Order Granting Motion for Order Approving the sale of assets of Ranch Road <br />Lake, L.L.C.; and <br />WHEREAS, on May 7, 2015 the property known as the Ranch <br />Road Lake Sand Mine was sold to Assignee; and <br />