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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.

 

 

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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


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