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Red Eagle Lease Assignment/Hoerner to SandsASSIGNMENT OF LEASE THIS AGREEMENT made and entered this 2❑d day of January, 2006, by and between DAVID J. HOERNER of Kalispell, Montana, hereinafter referred to as "ASSIGNOR"; and JUSTIN W. SANDS and THOMAS E. SANDS of Kalispell, Montana, hereinafter referred to as "ASSIGNEE". For good and valuable consideration, the receipt of which is acknowledged, Assignor assigns and transfers to Assignee all of Assignor's right, title and interest in and to that certain Fixed Base Operator Lease dated August 26, 2005, made between David Hoerner d/b/a Red Eagle Aviation, as Lessee, and City of Kalispell, a body politic and corporate created by Montana State Statutes, as Lessor, subject to all the terms, conditions, covenants and agreements contained in such Lease. A true copy of such Fixed Base Operator Lease is attached to this Assignment. Assignee accepts the above assignment as of the above -stated effective date of this agreement and assumes and agrees to perform all the terms, conditions, covenants and agreements of such Fixed Base Operator Lease dated August 26, 2005, on the part of the Lessee in such Lease to be performed. Assignee's agreement shall be binding on the heirs, legal representatives, successors and assigns of Assignee. IN WITNESS WHEREOF, each party to this agreement has caused it to be executed at Kalispell, Montana, on the date indicated above. ASSIGNOR L/ David J. Htiation er d/b/a Red Eagle ASSIGNEE � �, Z, IZ4 J tm W. Sands mas E. Sands CONSENT The undersigned, Lessor in the assigned Lease, consents to the assignment of Lease on the express condition that Assignee has agreed to perform, and shall perform to the undersigned, as Lessee, the terms, conditions, covenants and agreements of such Lease, on the part of the Lessee to be performed. DATED this b ---day of y , 200 CITY OF KALISPELL By: