ASSIGNMENT AND ASSUMPTION OF
LEASE
This Assignment and Assumption of Lease (the
“ Assignment ”) is made and entered into as of
this 19th day of February, 2009 (“ Assignment Date
”), by and between Philip Elghanian, an individual (“
Assignor ”), and Fontana Medical Plaza, LLC, a
California limited liability company (“ Assignee
”), with reference to the following facts.
A. Pursuant to the terms of that certain
Standard Offer, Agreement and Escrow Instructions for Purchase of
Real Estate dated September 8, 2008, by and between Assignor,
as buyer, and Hovic Perian and Rima Perian, collectively, as seller
(the “ Seller ”), and that certain Addendum
“1” thereto, as the same has been subsequently amended
(the “ Purchase Agreement ”), Assignor agreed to
purchase the Property (as such term is defined in the Purchase
Agreement), located in the City of Fontana, County of San
Bernardino, State of California and all Improvements (as such term
is defined in the Purchase Agreement) located thereon.
B. An escrow for the purchase and sale of
the Property has been opened at Fidelity National Title Company,
escrow no. 521434-CL (the “ Escrow
”).
C. Pursuant to that certain Assignment and
Assumption of Purchase Agreement dated as of February
_____ , 2009 by and between Assignor and Assignee,
Assignor assigned all of his rights, interests, benefits,
liabilities, duties and obligations arising under the Purchase
Agreement and the Escrow (and related documents) to Assignee, and
Assignee assumed all of said rights, interests, benefits,
liabilities, duties and obligations.
D. Assignor (as lessor) and DVA Healthcare
Renal Care, Inc. (as lessee) entered into that certain Lease
Agreement dated as of Fe
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