Exhibit 10.89
ASSIGNMENT OF CONTRACT
This ASSIGNMENT OF CONTRACT (the "ASSIGNMENT") is made and entered
into this 5th day of March, 2004 by INLAND REAL ESTATE ACQUISITIONS, INC., an
Illinois corporation ("ASSIGNOR") and INLAND WESTERN EULESS LIMITED PARTNERSHIP,
an Illinois limited partnership ("ASSIGNEE").
Assignor does hereby sell, assign, transfer, set over and convey unto
Assignee all of its right, title and interest as under that certain letter
agreement dated as of January 8, 2004, as amended, and entered into by Heritage
Towne Crossing, L.P., a Texas limited partnership, as Seller, and Assignor, as
(collectively, the "AGREEMENT"), solely as the Agreement applies to the sale and
purchase of the property described by the Agreement, located in Euless, Texas,
and being legally described in EXHIBIT A, attached hereto and made a part
hereof.
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.
(SIGNATURE PAGE FOLLOWS)
SIGNATURE PAGE FOR
ASSIGNMENT OF CONTRACT BETWEEN
INLAND REAL ESTATE ACQUISITIONS, INC.
AND INLAND WESTERN EULESS LIMITED PARTNERSHIP
IN WITNESS WHEREOF, Assignor and Assignee have caused this Assignment
to be executed as of the day and year first above written.
ASSIGNOR:
INLAND REAL ESTATE ACQUISITIONS, INC., an
Illinois corporation
By: /s/ G. Xxx Xxxxxxx
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Name: G. Xxx Xxxxxxx
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Title: Authorized Agent
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ASSIGNEE:
INLAND WESTERN EULESS LIMITED
PARTNERSHIP, an Illinois limited partnership
By: Inland Western Euless GP, L.L.C., a Delaware
limited liability company
By: Inland Western Retail Real Estate Trust,
Inc., a Maryland corporation, its sole
member
By: /s/ Xxxxx X. Xxxxxx
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Name: Xxxxx X. Xxxxxx
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Title: asst Secretary
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EXHIBITS
EXHIBIT A: LEGAL DESCRIPTION OF THE PROPERTY
-2-
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Xxxx 0 xxx 0, Xxxxx X xx Xxxxxxxx Xxxxx Crossing Addition, an addition to the
City of Euless, Tarrant County, Texas according to the Final Plat thereof
recorded in Cabinet A, Slides 7743 and 7744, Plat Records, Tarrant County,
Texas.
