ASSIGNMENT OF AGREEMENT OF PURCHASE AND SALE
This Assignment of Agreement of Purchase and Sale (this "ASSIGNMENT") is
executed to be effective as of the 21st day of March, 2005, by HARVARD PROPERTY
TRUST, LLC, a Delaware limited liability company ("ASSIGNOR"), and BEHRINGER
HARVARD Short-Term Opportunity Fund I LP, a Texas limited partnership
("ASSIGNEE").
W I T N E S S E T H:
A. Assignor, as "Purchaser", has entered into that certain
Agreement of Purchase and Sale dated as of March 18, 2005 (as same may have been
amended, the "CONTRACT") with Xxxxxx Office Buildings I, LLC, a Delaware limited
liability company, as "Seller", covering certain property commonly known as 250
& 290 East Xxxx Xxxxxxxxx Freeway in the City of Irving, Dallas County, Texas,
and being more particularly described in the Contract.
B. Assignor desires to assign to Assignee all of its right, title
and interest as Purchaser in and to the Contract, and Assignee desires to
acquire from Assignor all of Assignor's right, title and interest as Purchaser
in and to the Contract and to assume all of the duties and obligations of
Purchaser under the Contract.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration in hand paid by Assignee to
Assignor, the receipt and sufficiency of which are hereby acknowledged and
confessed, Assignor does hereby ASSIGN AND TRANSFER unto Assignee all of the
right, title and interest of Assignor as Purchaser in and to the Contract.
Assignee, by its acceptance and execution hereof, hereby assumes and agrees to
perform all obligations of Purchaser pursuant to the Contract.
EXECUTED to be effective as of the date first written above.
ASSIGNOR:
HARVARD PROPERTY TRUST, LLC,
a Delaware limited liability company
By:
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Name: Xxxxxx X. Xxxxxxx, III
Title: Executive Vice President
ASSIGNEE:
BEHRINGER HARVARD SHORT-TERM
OPPORTUNITY FUND I LP
By: Behringer Harvard Advisors II LP
Its General Partner
By: Harvard Property Trust, LLC
Its General Partner
By: _________________________
Name: Xxxxxx X. Xxxxxxx, III
Title: Secretary
