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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 (PH2)(2004040371) Re Ranch Road Lake Sand Mine, Phase 2 <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 (PH2)(2004040371) Re Ranch Road <br /> Lake Sand Mine, Phase 2 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 (PH2)(2004040371) Re Ranch Road Lake Sand <br /> Mine, Phase 2 remain unchanged in all other respt44-Fl- <br /> By; `l <br /> DAVID A. SOSNE, CHAPTER 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 /> 2 123 <br />