Exhibit 10.4
ASSIGNMENT AND ASSUMPTION OF
LEASES
For and in consideration of Ten Dollars
($10.00) in hand paid, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged,
MULLINS CROSSING OUT PARCELS, LLC, a Georgia limited
liability company (" Assignor "), hereby assigns to
INLAND DIVERSIFIED EVANS MULLINS OUTLOTS, L.L.C. , a
Delaware limited liability company (" Assignee "), and its
successors and assigns, and Assignee hereby assumes all of
Assignor's right, title and interest in, to and under those certain
leases described on Exhibit A attached hereto and made a
part hereof (the “ Leases ”), which Leases
relate to that certain real property legally described on
Exhibit B attached hereto and made a part hereof.
Assignor shall remain responsible and liable for all
liabilities and expenses and landlord obligations relating to the
Leases that occurred and accrued prior to the effective date of
this Assignment and Assumption of Leases (this “
Assignment ”). Assignee shall be responsible and
liable for all liabilities and expenses and landlord obligations
relating to the Leases that occur and accrue on or after the
effective date of this Assignment.
IN WITNESS WHEREOF
, Assignor and Assignee have executed and
delivered this Assignment to be effective as of the 18th day of
August, 2011.
[Signature blocks on following
page]
ASSIGNOR:
MULLINS CROSSING OUT PARCELS,
LLC,
a Georgia limited liability company
By: Mullins GP Out Parcels, LLC, its
Manager
By: /s/ John Collett
Name:
John Collett
Its:
Manager
ASSIGNEE:
INLAND DIVERSIFIED EVANS MULLINS
OUTLOTS, L.L.C.,
a Delaware limited liability
company
By: Inland Diversified Real Estate
Trust, Inc.,
a Maryland
corporation, its sole member
By: /s/ Sharon
Anderson-Cox