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ASSIGNMENT AND ASSUMPTION AGREEMENT
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AGREEMENT made this o~?T day of ~ , 1979
but as of ~`~~~r Z , 1979, between FOOD FAIR, INC. and J. M.
FIhLDS, INC.
Debtor(s) and Debtor(s)-in-Possession {"Assignor"), and MONTGOMERY
WARD ~ CO., INCORPORATED
("Assignee"). .
RECITALS
A. Assignor, as Lessee, was party to a Lease and lease
agreement dated February 8, 1971 with Fort Pierce Fields Plaza
r as Lessor,
as more fully described on Exhibit "A" (the "Lease").
B. Assignor filed a petition under Chapter XI of
the Bankruptcy Act and Rule 11-6 of the Chapter XI Rules on
October 2, 1978 with the ilnited States District Court for
the Southern District of New York (the "Court") and was
authorized to continue the operation of its properties as
Debtor-in-Possession.
C. Assignor desires to sell, assign and transfer
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the Lease to Assignee, and Assignee desires to accept said
sale, assignment and transfer upon the terms and conditions
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~ hereinafter set forth.
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~ D. The Court has authorized and emao::ered Assignor
~ to execute and deliver this agreement.
NOj~T, THEREFORE, in consideration of the premises and
of the mutual covenants herein set forth and foY Ten ($10.00)
Dollars and other good and valuable considerations, the receipt
of which is hereby acknowledged, and intending to be legally
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bound, IT IS AGREED:
d 1. Assignor hereby sells, assigns and transfers to
Assiynee any and all of Assignor's rights, title and interest
in and to the Lease. The foregoing sale, assig?~~nent and
transfer is made without airy recourse c:h3tsoe~-zr to Assignor
and without any representations and warra-Mies whatsoever.
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