Exhibit 10.226
ASSIGNMENT OF CONTRACT
This ASSIGNMENT OF CONTRACT (the "ASSIGNMENT") is made and entered
into this ______ day of May, 2004 by INLAND REAL ESTATE ACQUISITIONS, INC., an
Illinois corporation ("ASSIGNOR") and INLAND WESTERN KILL DEVIL HILLS CROATAN,
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 Purchase under that certain
agreement dated as of April 1, 2004, as amended, and entered into by Eckerd
Corporation, a Delaware corporation, as Seller, and Assignor, as Purchaser
(collectively, the "AGREEMENT"), solely as the Agreement applies to the sale and
purchase of the property described by the Agreement, located in Kill Devil
Hills, North Carolina, also known as Eckerd Store No. 3978.
Assignor represents and warrants that it is the Purchaser 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 Purchaser under the Agreement,
and (ii) indemnify, defend, protect and hold Assignor harmless from and against
all claims and liabilities arising under the Agreement.
ASSIGNOR:
INLAND REAL ESTATE ACQUISITIONS, INC., an
Illinois corporation
By: /s/ Xxxxx X. Xxxxx
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Name: Xxxxx X. Xxxxx
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Title: Vice President
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ASSIGNEE:
INLAND WESTERN KILL DEVIL HILLS CROATAN,
L.L.C., a Delaware limited liability company
By: Inland Western Retail Real Estate Trust, Inc., a
Maryland corporation, its sole member
By: /s/ Xxxxxxx Xxxxxx
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Name: Xxxxxxx Xxxxxx
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Title: Asst. Secretary
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