ASSIGNMENT OF CONTRACT
EXHIBIT
10.8
THIS ASSIGNMENT OF CONTRACT (the “Assignment”) is made as of the 30th day of October 2006, by
Triple Net Properties, LLC, a Virginia limited liability company (“Assignor”) to Apartment REIT
Xxxxxx Ranch, LP., a Texas limited partnership (“Assignee”).
RECITALS
XX Xxxxxx Ranch Partners, LTD., a Texas limited partnership (“Seller”) and Assignor entered into
that certain Contract of Sale, dated as of May 4, 2006 (the “Contract”) with respect to certain
property known as Xxxxxx Ranch Apartments located at 00000 Xxxxxx Xxxx, Xxx Xxxxxxx, Xxxxx Xxxxxx,
Xxxxx, as more particularly described in the Contract. Assignor desires to assign all of its
rights, title and interest in and to the Contract to Assignee.
AGREEMENT
FOR and in consideration of the premises and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Assignor hereby assigns, transfers, conveys and sets
over all of Assignor’s rights, title and interest in and to the Contract to Assignee.
Assignee, by its execution of this Assignment, hereby assumes all of Assignor’s obligations under
the Contract. Notwithstanding such assignment and assumption, Assignor shall continue to be liable
under the Contract.
WITNESS the following signatures:
ASSIGNOR: | Triple Net Properties, LLC, | |||||||
a Virginia limited liability company | ||||||||
By: | /s/ Xxxxxxx Xxxxxx | |||||||
Name: Xxxxxxx Xxxxxx | ||||||||
Title: Executive Vice President |
ASSIGNEE: | APARTMENT REIT XXXXXX RANCH, LP, | |||||||||||||
a Texas limited partnership | ||||||||||||||
By: | APARTMENT REIT XXXXXX RANCH GP, LLC, | |||||||||||||
a Delaware limited liability company | ||||||||||||||
Its: | General Partner | |||||||||||||
By: | NNN Apartment REIT Holdings, L.P., | |||||||||||||
a Virginia limited partnership | ||||||||||||||
Its: | Manager | |||||||||||||
By: | NNN Apartment REIT, Inc. | |||||||||||||
a Maryland corporation, | ||||||||||||||
Its: | General Partner | |||||||||||||
By: | /s/ Xxxxxxx K S Xxxxxxx | |||||||||||||
Name: Xxxxxxx K S Xxxxxxx | ||||||||||||||
Title: Chief Financial Officer |