EXHIBIT 10.28
ASSIGNMENT AND ASSUMPTION OF AMENDED AND RESTATED
REAL ESTATE PURCHASE AND SALE AGREEMENT
This Assignment and Assumption of Real Estate Purchase and Sale
Agreement (this "Assignment") is made and entered into as of the 9th day of
July, 2002, by and between XXXXXX X. XXXXX, ("Assignor") and OASIS XXXXX BAR,
LLC, a Tennessee limited liability company ("Assignee").
WITNESSETH:
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 Purchase and Sale Agreement dated March 26, 2002, by and between Xxxxx
Bar Plantation, Inc., as purchaser, and Xxxxxxx Xxxxx & Associates, as seller,
as amended, restated and superceded by that certain Amended and Restated Real
Estate Purchase and Sale Agreement dated July 9, 2002, by and between Assignor,
as purchaser, and Xxxxxxx X. Xxxxx, as seller (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)
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XXXXXX X. XXXXX
ASSIGNEE:
OASIS XXXXX BAR, LLC, a Tennessee limited
liability company
By:/s/ Xxxxx X. Xxxxx
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Name: Xxxxx X. Xxxxx
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Title: Chief Financial Officer
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[COMPANY SEAL]
