Exhibit 10.1
ASSIGNMENT OF PURCHASE AND SALE AGREEMENT
THIS ASSIGNMENT OF REAL ESTATE PURCHASE AND SALE AGREEMENT dated December 14, 2012, is made by and between HPA-1, LLC a Virginia limited liability company, (HPA-1), and WHLR-HPA-1, a Virginia limited liability company (WHLR-HPA-1).
Background:
A. HPA-1 and Harps Food Stores, Inc., and Arkansas corporation (Seller) previously entered into a Real Estate Purchase and Sale Agreement, dated August 30, 2012 (the Agreement), with respect to the purchase of a grocery store site located at Grove, Oklahoma;
B. HPA-1 desires to assign the Agreement to WHLR-HPA-1.
Agreement:
For and in consideration for the sum of One Dollar ($1.00) cash in hand paid and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, HPA-1 hereby assigns all of its rights and delegates all of its obligations under the Agreement to WHLR-HPA-1, including all rights to any earnest money deposit or other payment, and WHLR-HPA-1 hereby accepts the assignment of the rights of HPA-1 under the Agreement and assumes all of the obligations and liabilities of HPA-1 under the Agreement.
(Signature Page Follows)
In Witness Whereof, the parties have executed this Assignment as of the 14th day of December, 2012.
ASSIGNOR: | ||||
HPA-1, LLC a Virginia limited liability company | ||||
By: | /s/ Jon S. Wheeler | |||
Jon S. Wheeler, its Manager |
ASSIGNEE: | ||||||
WHLR-HPA-1, a Virginia limited liability company | ||||||
By: | Sooner Capital, LLC, a Virginia limited liability company, its Manager | |||||
/s/ Jon S. Wheeler | ||||||
By Jon S. Wheeler, its Managing Member |