1
EXHIBIT 10.4.1.3
ASSIGNMENT AND ASSUMPTION OF LEASE
This Assignment and Assumption of Lease ("Assignment") is made as of
October 25, 1996, between DAF INVESTMENTS LTD., an Ohio limited liability
company ("Assignor"), and DAF WEST CARROLLTON PLAZA LTD., an Ohio limited
liability company ("Assignee"), under the following circumstances:
A. Pursuant to a certain Lease dated April 1, 1990, as amended by
Amendment to Lease Agreement dated September 24, 1993, and as further assigned
by Assignment and Assumption Agreement dated January 1, 1995 (the "Lease"),
which Lease is attached hereto as Exhibit A, Assignor as Lessor, leased to
Xxxxxxx, Inc., as Lessee, certain real property known generally as 0000 Xxxx
Xxxxxxx Xxxxxx, Xxxx Xxxxxxxxxx, Xxxx, and specifically as Lot 2500 of the
revised and consecutive numbered lots on the plat of the City of West
Carrollton.
B. Assignor desires to assign all of its right, title and
interest under the Lease to Assignee and Assignee agrees to assume all of
Assignor's liabilities and obligations under the Lease.
NOW, THEREFORE, for valuable consideration paid, receipt of which is
acknowledged, effective the date first written above, the parties agree as
follows:
1. Assignor assigns to Assignee all of its right, title and
interest in the Lease, together with all rights arising under or by virtue of
the Lease.
2. Assignee accepts this assignment and assumes and agrees to
perform all of the obligations of Assignor arising or accruing under this Lease.
WITNESS the execution hereof as of this 14th day of January, 1997.
Signed and Acknowledged
in the Presence of:
ASSIGNOR
DAF Investments Ltd., an
Ohio limited liability company
/s/ Xxxxxx X. Xxxxxx /s/ Xxxxxxx X. Xxxxxxxx
-------------------------- --------------------------
As to Assignor and Assignee Xxxxxxx X. Xxxxxxxx
Managing Member
/s/ Xxxxxxx X. Xxxxx
--------------------------
As to Assignor and Assignee
93
2
ASSIGNEE
DAF West Carrollton Plaza Ltd.,
an Ohio limited liability company
/s/ Xxxxxxx X. Xxxxxxxx
-------------------------
Xxxxxxx X. Xxxxxxxx
Managing Member
STATE OF OHIO
SS:
COUNTY OF XXXXXXXXXX
The foregoing instrument was acknowledged before me this 14th day of
January, 1997, by Xxxxxxx X. Xxxxxxxx, Managing Member of DAF Investments Ltd.,
an Ohio limited liability company, on behalf of the limited liability company.
/s/ Xxxxxx X. Xxxxxx
------------------------------
Notary Public
STATE OF OHIO
SS:
COUNTY OF XXXXXXXXXX
The foregoing instrument was acknowledged before me this 14th day of
January, 1997, by Xxxxxxx X. Xxxxxxxx, Managing Member of DAF West Carrollton
Plaza Ltd., an Ohio limited liability company, on behalf of the limited
liability company.
/s/ Xxxxxx X. Xxxxxx
------------------------------
Notary Public
This Instrument Prepared By: Xxx X. Xxxxxxxxx, Esq., 0000 Xxxxxxxxx Xxxxx,
Xxxxxx, Xxxx 00000
94
