Exhibit 10.84a
ASSIGNMENT AND ASSUMPTION OF LEASE
THIS ASSIGNMENT
AND ASSUMPTION OF LEASE (the “Agreement”), is made as
of the 1 st day of March, 2004 (the “Effective
Date”), by and between Mr. Tire, Inc., a Maryland
corporation having an address of 23 Walker Avenue, Baltimore,
Maryland (“Assignor”) and Monro Muffler Brake, Inc., a
New York Corporation having a principal address of 200 Holleder
Parkway, Rochester, New York (“Assignee”).
RECITALS
WHEREAS, Assignor
as tenant, and Mt. Airy South Main Street, LLC, (f/k/a LPR
Associates) as landlord, entered into a lease, dated
September 2, 1999 (the “Lease”) relating to real
property known as part of the Food Lion Shopping Center, 1312 South
Main Street located in Mt. Airy, Frederick County, Maryland (the
“Premises”); and
WHEREAS, Assignor
and Assignee entered into a certain Asset Purchase Agreement dated
as of February 9, 2004, as clarified by that certain Side
Letter Agreement dated as of February 9, 2004, as same may be
further amended and clarified (“Asset Purchase
Agreement”), pursuant to which Assignor agreed to assign to
Assignee all of Assignor’s right, title and interest as
tenant under the Lease and Assignee agreed to assume all of
Assignor’s obligations under the Lease.
NOW
THEREFORE, pursuant to and in consideration of the Asset Purchase
Agreement:
1. Assignor
hereby assigns and transfers all of its right, title, and interest
in the Lease to Assignee to have and to hold the same from
an
