|
<br />NOV. 18.2004 10: 08AM ORRICK,HERRINGTON&SUTCLIFFE LLP NO. 435 P.2
<br /> AsSIGNMENT OF LEASES AND CONTRACTS
<br /> This Assignment of Leases and Contracts (this "Assignmenf') is made and entered into
<br />as ofNovemberlL 2004t by and between BHV INNISFREE VENTURES ~ LLC, a California
<br />limited liability company ("Assignor"), and ON BROADWAY REDWOOD CITY, LLC, a
<br />California limited liability company ("Assignee").
<br /> For good and valuable consideration, the receipt and sufficiency of which are hereby
<br />acknowledged, Assignor does hereby assign., transfer, set over and deliver unto Assignee all of
<br />Assignor's right, title. and interest in (i) those certain leases (the "Leases") described on Exhibit
<br />B attached hereto and made a part hereof for all pwposes, with respect to that certain real
<br />property described on Exhibit A. attached hereto and made a part hereof (the "Property"), and
<br />(ii) those certain contracts relating to the Property (the "Contra.c1:$") described on Exhibit C
<br />attached hereto and m.ade a part hereof for all purposes, each between Assignor and the party
<br />designated on ~xhibit C.
<br /> Assignee hereby accepts such assignment and assumes all of the liabilities and
<br />obligations of Assignor under the Leases and Con1racts first accruing from and after the date
<br />hereof.
<br /> This Assignment is made subj ect, subordinate and inferior to all matters affecting title to
<br />the Property, whether of record or not of record.
<br /> The obligation$ of Assignor are intended to be binding only on the property of Assignor
<br />and shall not be personally binding Upon, nor shall any resort be bad to, the private properties of
<br />any of its trustees, officers, beneficiaries, directors, members, or shareholders, or of its
<br />investment manager, the general partners, officers. directors, members, or shareholders thereof,
<br />or any employees or agents of Assignor or its investment manager.
<br /> The obligations of Assignee are intended to be binding only on the property of Assignee
<br />and shall not be personally binding upon, nor shall any resort be had to, the private properties of
<br />any of its trustees, officers, beneficiaries, directors, members, or shareholders, or of its
<br />investment manager, the general partners, officers, directors, members, or shareholders thereof,
<br />or any employees or agents of Assignee or its investment manager.
<br /> This Assignment may be executed in two or more counterparts, each of which shall be
<br />deemed an original, but all ofwhích taken together shall constitute one and the same instrument.
<br />POCSSJo'1:7S22'741
<br />9975-5 K29
<br /> ..... ..,.-. .-., .,..~~~_'" ,... __""_,_"~__~"___~__~"",_""-""",_~"___,,,,,,,______.__~_,,,,,_,__ .._.__._._."..~_n_'_"""'__
<br />
|