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AGREEME11T AND ASSIGNMENT <br />This Agreement is entered into by the undersigned on this <br />day of 1933, whereby the undersigned mutually agree that: <br />1. Dixie Development Partnership,. an Indiana partnership hereby <br />sells, assigns, and transfers to Purchaser all its right, title, and <br />interest in the real estate described.in the deed attached hereto and <br />incorporated herein by reference, and all of the property located <br />thereon, and also transfers, sells, assigns, and conveys all its <br />rights, title, interest, duties, liabilities, and responsibilities under <br />the terms and conditions of a document entitled "Lease and Trust <br />Indenture" executed on October 1, 1977, and all other documents <br />executed in connection with a City of South Bend, Indiana, Industrial <br />Development Bond, Dixie Development Partnership, a 1977 project. <br />2. Purchaser hereby .agrees to.assume and accept responsibility <br />for all rights, titles, interests, duties, responsibilities, and <br />liabilities of Dixie Development Partnership, under the previously <br />described Industrial Development Bond including, but not limited to, <br />those arising out of the previously described "Lease and Trust <br />Indenture" <br />3. St. Joseph Bank & Trust C mp ny, as bondholder, hereby consents <br />to this assignment_owdegrees to furnish the Purchaser with a title , <br />insurance policy with respect to the real estate described in the deed <br />attached hereto in an amount equal.to the principal amount of the <br />Industrial Development Bond presently outstanding within sixty (60) <br />days. <br />4. St. Joseph Bank & Trust Company, as Trustee, tinder the <br />previously described "Lease and Trust Indenture" hereby consents to <br />this assignment in its capacity as Trustee. <br />-1- <br />