ASSIGNMENT
OF
DEVELOPMENT FINANCING AND LEASING COMMITMENT
DEVELOPMENT FINANCING AGREEMENT
DEVELOPMENT FINANCING DISBURSEMENT AGREEMENT
NET LEASE AGREEMENT
AFFIDAVIT OF LESSEE AND GUARANTOR
GUARANTEE OF LEASE
GUARANTEE OF DEVELOPMENT FINANCING AGREEMENT
THIS ASSIGNMENT made and entered into this 27th day of
August, 1998, by and between AEI INCOME & GROWTH FUND XXII,
a Minnesota Limited Partnership, ("Assignor") and AEI INCOME
& GROWTH FUND XXI LIMITED PARTNERSHIP, a Minnesota limited
partnership, AEI REAL ESTATE FUND XVIII LIMITED PARNTERSHIP,
a Minnesota limited partnership, AEI REAL ESTATE FUND XVII
LIMITED PARTNERSHIP, a Minnesota limited partnership
("Assignees");
WITNESSETH, that:
WHEREAS, on the 26th day of June, 1998, Assignor
entered into Development Financing And Leasing Commitment,
Development Financing Agreement, Development Financing
Disbursement Agreement, Affidavit Of Lessee And Guarantor,
Guarantee Of Lease, Guarantee Of Development Financing
Agreement ("the Agreements") for that certain property
located at 0000 Xxxxxxxxx Xxxxxxxx XxxxxXxxxxxxxxxx, XX
00000 (the "Property") with Americana Dining Corp., as
Seller/Lessee; and
WHEREAS, Assignor desires to assign an undivided
interest of its rights, title and interest in, to and under
the Agreements to the Assignees as hereinafter provided;
AEI INCOME & GROWTH FUND XXI LIMITED PARTNERSHIP 25.00%
AEI REAL ESTATE FUND XVIII LIMITED PARNTERSHIP 38.00%
AEI REAL ESTATE FUND XVII LIMITED PARTNERSHIP 14.00%
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 maintains a twenty-three percent (23%)
right, title and interest in, to and under the
Agreements, to have and to hold the same unto its
successors and assigns;
2. Assignor assigns all of its rights, title and
interest in, to and under the Agreements to the
Assignees as noted above, to have and to hold the same
unto the Assignees, its successors and assigns;
3. Assignees 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 from this day forward.
4. The Purchase Price paid by the Assignees
designated herein is equal to the prorata share of the
amounts funded as of the date of this Agreement.
All other terms and conditions of the Agreements shall
remain unchanged and continue in full force and effect.
AEI INCOME & GROWTH FUND XXII LIMITED PARTNERSHIP
("Assignor")
BY: AEI FUND MANAGEMENT XXII, INC.
By: /s/ Xxxxxx X Xxxxxxx
Xxxxxx X. Xxxxxxx, its President
AEI INCOME & GROWTH FUND XXI
LIMITED PARTNERSHIP ("Assignee")
BY: AEI FUND MANAGEMENT XXI, INC.
By: /s/ Xxxxxx X Xxxxxxx
Xxxxxx X. Xxxxxxx, its President
AEI REAL ESTATE FUND XVIII LIMITED PARNERSHIP
("Assignee")
BY: AEI FUND MANAGEMENT XVIII, INC.
By:/s/ Xxxxxx X Xxxxxxx
Xxxxxx X. Xxxxxxx, its President
AEI REAL ESTATE FUND XVII LIMITED PARTNERSHIP
("Assignee")
BY: AEI FUND MANAGEMENT XVII, INC.
By:/s/ Xxxxxx X Xxxxxxx
Xxxxxx X. Xxxxxxx, its President
