ASSIGNMENT
OF
PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS
THIS ASSIGNMENT made and entered into this 23rd day of
July, 1999, by and between AEI FUND MANAGEMENT, INC., a
Minnesota corporation, ("Assignor") and AEI INCOME & GROWTH
FUND XXII LIMITED PARTNERSHIP, a Minnesota limited
partnership; AEI NET LEASE INCOME & GROWTH FUND XIX LIMITED
PARTNERSHIP, a Minnesota limited partnership; AEI PRIVATE
NET LEASE FUND 1998 LIMITED PARTNERSHIP, a Minnesota limited
partnership; and AEI REAL ESTATE FUND 85-A LIMITED
PARTNERSHIP, a Minnesota limited partnership ("Assignees");
WITNESSETH, that:
WHEREAS, on the 2nd day of June, 1999, Assignor entered
into a Purchase and Sale Agreement and Escrow Instructions
Agreement, on the 18th day of June, 1999 entered into a
Letter Agreement and on the 8th day of July, 1999 entered
into a First Amendment to Sale and Purchase Agreement and
Escrow Instructions (collectively "the Agreements") for
those certain properties located as follows:
X. Xxxxxxxxx #000 Xxxxxxxxx Xx. & Xxxx Xxxxxxx Xxxx,
Xxxxxxxxx, XX
B. Amarillo #261 0000 Xxxxxx Xxxxxx, Xxxxxxxx, XX
X. Xxxxxxx #000 Xxxxxx Xxxx, Xxxxxxx, XX
(collectively the " Property" or "Properties") with Xxxxx
Xxxxxxxxx Pie Shops, Inc., as Seller/Lessee; and
WHEREAS, Assignor desires to assign all of its rights,
title and interest in, to and under the Agreements to the
Assignees as hereinafter provided;
NOW, THEREFORE, for One Dollar ($1.00) and other good
and valuable consideration, receipt of which is hereby
acknowledged, it is hereby agreed between the parties as
follows:
1. Assignor assigns forty-seven percent (47%) of its
rights, title and interest in, to and under the
Agreement to the Assignee, AEI Net Lease Income &
Growth Fund XIX Limited Partnership and fifty-three
percent (53%) of its rights, title and interest in, to
and under the Agreements to the Assignee, AEI Income &
Growth Fund XXII Limited Partnership with respect to
property A listed above, to have and to hold the same
unto the Assignee, its successors and assigns;
2. Assignees, AEI Net Lease Income & Growth Fund XIX
Limited Partnership and AEI Income & Growth Fund XXII
Limited Partnership, hereby assumes all rights,
promises, covenants, conditions and obligations under
the Agreements to be performed by the Assignor
thereunder, and agrees to be bound for all of the
obligations of Assignor under the Agreements with
respect to property A.
3. Assignor assigns all of its rights, title and
interest in, to and under the Agreements to the
Assignee, AEI Private Net Lease Fund 1998 Limited
Partnership, with respect to property B listed above,
to have and to hold the same unto the Assignee, its
successors and assigns;
4. Assignee, AEI Private Net Lease Fund 1998 Limited
Partnership, hereby assumes all rights, promises,
covenants, conditions and obligations under the
Agreements to be performed by the Assignor thereunder,
and agrees to be bound for all of the obligations of
Assignor under the Agreements with respect to property
B.
5. Assignor assigns all of its rights, title and
interest in, to and under the Agreements to the
Assignee, AEI Real Estate Fund 85-A Limited
Partnership, with respect to property C listed above,
to have and to hold the same unto the Assignee, its
successors and assigns;
6. Assignee, AEI Real Estate Fund 85-A Limited
Partnership, hereby assumes all rights, promises,
covenants, conditions and obligations under the
Agreements to be performed by the Assignor thereunder,
and agrees to be bound for all of the obligations of
Assignor under the Agreements with respect to property
C.
All other terms and conditions of the Agreements shall
remain unchanged and continue in full force and effect.
AEI FUND MANAGEMENT, INC.
("Assignor")
By: /s/ Xxxxxx X Xxxxxxx
Xxxxxx X. Xxxxxxx, its President
AEI INCOME & GROWTH FUND XXII
LIMITED PARTNERSHIP
("Assignee")
BY: AEI Fund Management XXI, Inc.
By: /s/ Xxxxxx X Xxxxxxx
Xxxxxx X. Xxxxxxx, its President
AEI INCOME & GROWTH FUND XIX
LIMITED PARTNERSHIP
("Assignee")
By: AEI Fund Management XIX, Inc.
By:/s/ Xxxxxx X Xxxxxxx
Xxxxxx X. Xxxxxxx, its President
AEI PRIVATE NET LEASE FUND 1998
LIMITED PARTNERSHIP
("Assignee")
By: AEI Fund Management XVIII, Inc.
By: /s/ Xxxxxx X Xxxxxxx
Xxxxxx X. Xxxxxxx, its President
AEI REAL ESTATE FUND 85-A
LIMITED PARTNERSHIP
("Assignee")
By: Net Lease Management 85-A, Inc.
By: /s/ Xxxxxx X Xxxxxxx
Xxxxxx X. Xxxxxxx, its President
