Attached files
Exhibit 10.4
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, MULLINS CROSSING OUT PARCELS, LLC, a Georgia limited liability company ("Assignor"), hereby assigns to INLAND DIVERSIFIED EVANS MULLINS OUTLOTS, 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 18th day of August, 2011.
[Signature blocks on following page]
ASSIGNOR:
MULLINS CROSSING OUT PARCELS, LLC,
a Georgia limited liability company
By: Mullins GP Out Parcels, LLC, its Manager
By: /s/ John Collett
Name:
John Collett
Its: Manager
ASSIGNEE:
INLAND DIVERSIFIED EVANS MULLINS OUTLOTS, L.L.C.,
a Delaware limited liability company
By: Inland Diversified Real Estate Trust, Inc.,
a Maryland corporation, its sole member
By: /s/ Sharon Anderson-Cox
Name: Sharon Anderson-Cox
Its: Authorized Representative
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Exhibit A
LIST OF LEASES
(See attached Rent Roll)
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Exhibit B
LEGAL DESCRIPTION
LEGAL DESCRIPTION FOR PARCEL 5
ALL THOSE TRACTS AND PARCELS OF LAND SITUATED, LYING AND BEING IN THE STATE OF GEORGIA, COUNTY OF COLUMBIA, CONTAINING 1.57 ACRES, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning At The Northeast Side Of Washington Road At A #4 Rebar Set Which Is The POINT OF BEGINNING; Thence N36º4539E At A Distance Of 219.35 Feet To A #4 Rebar Set Thence S53°1421E At A Distance Of 72.51 Feet To A #4 Rebar Set Thence 529°1148E At A Distance Of 270.00 Feet To A PK Nail Set Thence S60º0628E Distance Of 234.76 Feet To A #4 Rebar Set Thence N28°0437W At A Distance Of 249.75 Feet To A #4 Rebar Set, Being The Said POINT OF BEGINNING.
LEGAL DESCRIPTION FOR PARCEL 6
ALL THOSE TRACTS AND PARCELS OF LAND SITUATED, LYING AND BEING IN THE STATE OF GEORGIA, COUNTY OF COLUMBIA, CONTAINING 2.33 ACRES, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning At The Northeast Side Of Washington Road At A #4 Rebar Set Which is The POINT OF BEGINNING; Thence S29°1148E At A Distance Of 399.75 Feet To A #4 Rebar Set Thence S11°2553W At A Distance Of 43.82 Feet To A #4 Rebar Set Thence S60º4812'W At A Distance Of 182.57 Feet To A PK Nail Set Thence N29°1148W Distance of 22.09 Feet To A Rebar Set Thence S59°4029E At A Distance Of 29.71 Feet To A PK Nail Set Thence N28º2244W At A Distance Of 255.63 Feet To A #4 Rebar Set Thence N27°5615W At A Distance of 122.00 Feet To A #4 Rebar Set Thence N28º1238W At A Distance of 25.09 Feet To A Rebar Set Thence N60º0626'E At A Distance of 234.76 Feet To A PK Nail Set, Being the Said POINT OF BEGINNING.
LEGAL DESCRIPTION FOR PARCEL 7
ALL THOSE TRACTS AND PARCELS OF LAND SITUATED, LYING AND BEING IN THE STATE OF GEORGIA, COUNTY OF COLUMBIA, CONTAINING 1.15 ACRES, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning At The Northeast Side Of Washington Road At A #4 Rebar Set Which Is The POINT OF BEGINNING; Thence N34°0844W At A Distance Of 191.77 Feet To A #4 Rebar Set Thence N19°4654E At A Distance Of 57.78 Feet To A PK Nail Set Thence NS4°3849E At A Distance Of 145.28 Feet To A #4 Rebar Set Thence S74º5431E At A Distance of 54.21 Feet To A #4 Rebar Set Thence S29°2438E At A Distance of 203.06 Feet To A #4 Rebar Set Thence S59°4846W At A Distance Of 211.09 Feet To A #4 Rebar Set, Being The Said POINT OF BEGINNING.
LEGAL DESCRIPTION FOR PARCEL 8
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ALL THOSE TRACTS AND PARCELS OF LAND SITUATED, LYING AND BEING IN THE STATE OF GEORGIA, COUNTY OF COLUMBIA, CONTAINING 1.13 ACRES, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning At The Northeast Side Of Washington Road At A #4 Rebar Set Which Is The POINT OF BEGINNING; Thence S29°2438W At A Distance Of 128.04 Feet To A #4 Rebar Set Thence An Arc Radius Of 24.50 S13º3733W 13.15 Feet (Chord) At A Length Of 13.31 Feet To A #4 Rebar Set Thence S01º5643 W At A Distance Of 143.31 Feet To A #4 Rebar Set Thence An Arc Radius Of 24.50 S27º4229W 21.30 Feet (Chord) At A Length of 22.03 Feet To A #4 Rebar Set Thence S53º2815W at A Distance of 90.78 Feet To A #4 Rebar Set Thence N36º3145W At A Distance Of 48.33 Feet To A #4 Rebar Set Thence N34º0121W At A Distance Of 235.83 Feet To A #4 Rebar Set Thence N59º4846E At A Distance of 211.09 Feet To A #4 Rebar Set, Being The Said POINT OF BEGINNING.
TOGETHER WITH SELLERS LEASEHOLD INTEREST IN THE FOLLOWING PROPERTY:
All that certain lot or parcel of land, situate, lying and being in the 125th G. M. District of Columbia County, Georgia containing one and Sixteen One-Hundredths (1.16) acres fronting on the northeast side of Washington Road also know as Georgia State Highway No. 104 and being shown and designated as Parcel A upon plat of survey prepared by James G. Swift and Associates, C.E., by F. Bo Slaughter, Ga. Reg. Surveyor No. 2514, which plat is dated September 8, 1998 and filed for record in Plat Cabinet C, Slide 175 #9, in the Office of the Clerk of Superior Court of Columbia County, Georgia and incorporated herein by reference for a more particular description of the location, metes, bounds and dimensions of said land. Said property is bounded, according to said plat, as follows: Northwest, Northeast and Southeast by other land of Pine Needle Ranch, LLC, and on the Southwest by the right-of-way of Washington Road. This is a portion of the property conveyed to Pine Needle Ranch, L.L.C. by deed of William Bernard Mullins, Trustee, which instrument is dated April 16, 1996 and recorded in Deed Book 1713, pages 128-131 in the aforesaid Clerks Office.
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