ASSIGNMENT AND ASSUMPTION OF LEASES
Exhibit 10.3
Prepared by and after
recording return to:
Richard S. Arfa, Esq.
831 East Morehead Street, Suite 550
Charlotte, NC 28202
ASSIGNMENT AND ASSUMPTION OF LEASES
For and in consideration of Ten Dollars ($10.00) in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, PERIMETER WOODS RETAIL SAE, LLC, a North Carolina limited liability company (“Assignor”), hereby assigns to INLAND DIVERSIFIED CHARLOTTE PERIMETER WOODS, L.L.C., a Delaware limited liability company (“Assignee”), and its successors and assigns, and Assignee hereby assumes all of Assignor’s right, title and interest in, to and under those certain leases described on Exhibit A attached hereto and made a part hereof (the “Leases”), which Leases relate to that certain real property legally described on Exhibit B attached hereto and made a part hereof. Assignor shall remain responsible and liable for all liabilities and expenses and landlord obligations relating to the Leases that occurred and accrued prior to the effective date of this Assignment and Assumption of Leases (this “Assignment”). Assignee shall be responsible and liable for all liabilities and expenses and landlord obligations relating to the Leases that occur and accrue on or after the effective date of this Assignment.
IN WITNESS WHEREOF, Assignor and Assignee have executed and delivered this Assignment to be effective as of the 1st day of June, 2011.
[Signature blocks and acknowledgments on following pages]
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| ASSIGNOR: | ||
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| PERIMETER WOODS RETAIL SAE, LLC, a North Carolina limited liability company | ||
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| By: PERIMETER WOODS DEVELOPMENT, LLC, a North Carolina limited liability company | ||
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| Its: Manager | ||
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| By: | /s/ John Collett | |
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| Name: | John Collett | |
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| Its: | Manager | |
Mecklenburg County, State of North Carolina
| I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed | |||
| the foregoing document: | John Collett |
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| Date: | May 31, 2011 |
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| /s/ Lorraine A. Carroll | ||
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| (official signature of Notary) | ||||
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| Lorraine A. Carroll | , Notary Public | |||
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| (Official Seal) |
| My commission expires: | October 12, 2013 | ||
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| ASSIGNEE: | |
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| Inland Diversified Charlotte Perimeter Woods, L.L.C. | |
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| a Delaware limited liability company | |
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| By: | Inland Diversified Real Estate Trust, Inc., |
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| a Maryland corporation, its sole member |
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| By: | /s/ Lou T. Quilici |
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| Name: | Lou T. Quilici |
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| Its: | Authorized Agent |
Lake County, State of Illinois
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document:
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| Lou T. Quilici | ||||
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| Date: | 5/31/11 |
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| /s/ Michael A. Shlau | ||
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| Michael A. Shlau | , Notary Public | |||
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| (Official Seal) |
| My commission expires: |
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Exhibit A
LIST OF LEASES
(See attached Rent Roll)
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