ASSIGNMENT AND ASSUMPTION OF AGREEMENT OF SALE
Exhibit 10.9.8
ASSIGNMENT AND ASSUMPTION OF AGREEMENT OF SALE
THIS ASSIGNMENT AND ASSUMPTION OF AGREEMENT OF SALE (“Assignment”) is made and entered into as of the 20th day of March, 2024 by and between EXETER PROPERTY GROUP, LLC, a Delaware limited liability company (“Assignor”), EQRT 110 SOUTHEAST INNER LOOP, L.P., a Delaware limited partnership (“Assignee”).
RECITALS:
WHEREAS, Assignor, as purchaser, and lONGHORN JUNCTION OWNER (tx), LP, a Delaware limited partnership, as seller, entered into that certain Agreement of Sale dated December 21, 2023 (as amended, the “Contract”), relating to that certain property commonly known as 000 Xxxxxxxxx Xxxxx Xxxx Xxxx, Xxxxxxxxxx, Xxxxx (the “Property”); and
WHEREAS, Assignor desires to assign to Assignee all of Assignor’s rights under the Contract with respect to the Property.
NOW, THEREFORE, in consideration of the foregoing recitations, and the sum of One Dollar ($1.00) in hand paid by Assignee to Assignor, the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
1. Assignor hereby assigns to Assignee, and Assignee hereby assumes, all of Assignor’s right, title and interest in, to and under the Contract with respect to the Property.
2. Assignee hereby accepts this Assignment and hereby assumes all obligations of Assignor under the Contract, with respect to the Property.
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IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the date first set forth above.
ASSIGNOR: | ||
EXETER PROPERTY GROUP, LLC, | ||
a Delaware limited liability company | ||
By: | /s/ X. Xxxxx Xxxxx |
Name: | X. Xxxxx Xxxxx | |
Title: | Vice Manager | |
ASSIGNEE: | ||
EQRT 110 SOUTHEAST INNER LOOP, L.P., | ||
a Delaware limited partnership | ||
By: | EQRT 110 Southeast Inner Loop GP, LLC, | |
a Delaware limited liability company, | ||
its sole general partner | ||
By: | EQT Exeter REIT Operating Partnership LP, | |
a Delaware limited partnership, | ||
its sole member | ||
By: | EQT Exeter Real Estate Income Trust, Inc., | |
a Maryland corporation, | ||
its sole general partner | ||
By: | /s/ X. Xxxxx Xxxxx | |
J. Xxxxx Xxxxx, Chief Financial Officer |
Assignment and Assumption of Agreement of Sale