Exhibit 10.389
University Town Center Shopping Center
ASSIGNMENT
This Assignment is made as of the 23rd day of November 2004 by INLAND
REAL ESTATE ACQUISITIONS, INC., an Illinois corporation ("Assignor") to and for
the benefit of INLAND WESTERN TUSCALOOSA UNIVERSITY, 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 the terms of a
Contract For Sale and Purchase dated as of October 19, 2004 as amended and
entered into by University Retail Company, L.L.C., and University Retail Company
II, L.L.C., both Delaware limited liability companies, as Seller, and Assignor,
as Buyer (collectively, the "Agreement") for the sale and purchase of University
Town Center shopping center, located in Tuscaloosa, Alabama, as legally
described within the Agreement (the "Property").
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.
ASSIGNOR:
INLAND REAL ESTATE ACQUISITIONS, INC.
an Illinois corporation
By: /s/ Xxxxx X. Xxxxxxx
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Name: Xxxxx X. Xxxxxxx
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As Its: Authorized Agent
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ASSIGNEE:
INLAND WESTERN TUSCALOOSA
UNIVERSITY, L.L.C., a Delaware limited liability
Company
By: Inland Western Retail Real Estate Trust, Inc.,
a Maryland corporation
By: /s/ [ILLEGIBLE]
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Name: [ILLEGIBLE]
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As Its: Authorized Agent
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