EXHIBIT 10.23
ASSIGNMENT AND ASSUMPTION OF REAL ESTATE
SALE AND PURCHASE AGREEMENT
This Assignment and Assumption of Real Estate Sale and Purchase
Agreement (this "Assignment") is made and entered into as of the 24th day of
June, 2002, by and between XXXXXX X. XXXXX, an individual and resident of the
State of Florida ("Assignor") and OASIS TOWNSEND, LLC, a Tennessee limited
liability company ("Assignee").
W I T N E S S E T H:
- - - - - - - - - -
For and in consideration of Ten and 00/100 Dollars ($10.00), the terms
and conditions of this Assignment and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Assignor does hereby
assign, transfer, set over and convey to Assignee all of Assignor's right,
title, interest, powers, privileges and benefit in and to that certain Real
Estate Sale and Purchase Agreement dated April 16, 2002, by and between
Assignor, as "Purchaser," and Xxxxxxx X. Xxxxx, an individual and resident of
the State of Tennessee, as "Seller", as amended by that certain Amendment to
Real Estate Purchase and Sale Agreements dated April 16, 2002, as further
amended by that certain Second Amendment to Purchase and Sale Agreement dated as
of April 23, 2002, and as further amended by that certain Third Amendment to
Sale and Purchase Agreement dated June 24, 2002 (as amended, the "Contract"),
and all of Assignor's right, title and interest in and to all Xxxxxxx Money (if
any) deposited in connection with the Contract, and Assignee does hereby accept
all of the right, title, interest, powers, privileges and benefits of Assignor
in and to the Contract and said Xxxxxxx Money and hereby assumes and agrees to
perform, discharge and fulfill all of the duties and obligations of Assignor
under the Contract.
IN WITNESS WHEREOF, Assignor and Assignee hereunto set their hands and
seals on the day and year first above written.
ASSIGNOR:
/s/ Xxxxxx X. Xxxxx (SEAL)
--------------------------------------
XXXXXX X. XXXXX
ASSIGNEE:
OASIS TOWNSEND, LLC, a Tennessee limited
liability company
By: /s/ Xxxxxx X. Xxxxx
-----------------------------------------
Name: Xxxxxx X. Xxxxx
---------------------------------------
Title: Authorized Representative
--------------------------------------
[COMPANY SEAL]
