Assignment of Agreement of Sale by Inland Real Estate Acquisitions, Inc. to Inland Western Wesley Chapel Northwoods, LLC
Inland Real Estate Acquisitions, Inc. assigns all its rights and obligations as Buyer under a prior Agreement of Sale with Kimco Tampa, LP to Inland Western Wesley Chapel Northwoods, LLC. The assignment covers the purchase of property known as Northwoods Square in Wesley Chapel, Florida. The new Buyer, Inland Western Wesley Chapel Northwoods, LLC, agrees to fulfill all obligations under the original agreement and to protect the Assignor from any related claims or liabilities. The assignment is effective as of November 7, 2004.
Exhibit 10.442
ASSIGNMENT
This Assignment is made as of the 7th day of November, 2004 by INLAND REAL ESTATE ACQUISITIONS, INC., an Illinois corporation (Assignor) to and for the benefit of INLAND WESTERN WESLEY CHAPEL NORTHWOODS, L.L.C., a Delaware limited liability company (Assignee).
Assignor does hereby sell, assign, transfer, set over and convey unto Assignee all of its right, title and interest as Buyer under that certain Agreement of Sale dated as of September 3, 2004, as amended, and entered into by Kimco Tampa, LP, as Seller, and Inland Real Estate Acquisitions, Inc., Assignor, as Buyer (collectively, the Agreement), solely as the Agreement applies to the sale and purchase of the property described by the Agreement, located in Wesley Chapel, Florida commonly known as Northwoods Square.
Assignor represents and warrants that it is the Buyer under the Agreement, and that it has not sold, assigned, transferred, or encumbered such interest in any way to any other person or entity. By acceptance hereof, Assignee accepts the foregoing Assignment and agrees, from and after the date hereof, to (i) perform all of the obligations of Buyer under the Agreement, and (ii) indemnify, defend, protect and hold Assignor harmless from and against all claims and liabilities arising under the Agreement.
IN WITNESS WHEREOF, Assignor and Assignee have executed this instrument as of the date first written above.
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| INLAND REAL ESTATE ACQUISITIONS, INC., | |||||
| an Illinois corporation | |||||
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| By: | /s/ G. Joseph Cosenza |
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| Name: | G. Joseph Cosenza |
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| Its: | President |
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| ASSIGNEE: | |||||
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| INLAND WESTERN WESLEY CHAPEL | |||||
| NORTHWOODS, L.L.C., a Delaware limited | |||||
| liability company | |||||
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| By: | INLAND WESTERN RETAIL REAL | ||||
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| ESTATE TRUST, INC., its sole member | ||||
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| By: | /s/ [ILLEGIBLE] |
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| Name: | [ILLEGIBLE] |
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| Its: | [ILLEGIBLE] |
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