EXHIBIT 10.4
ASSIGNMENT
OF REAL ESTATE SALE AGREEMENT
This Assignment of Real
Estate Sale Agreement (this
Assignment
) is made to be effective as of
December 12, 2006, by
BEHRINGER HARVARD OPPORTUNITY OP I LP
, a Texas limited partnership (
Assignor
),
and
BEHRINGER HARVARD BENT TREE LP
, a Delaware limited partnership (
Assignee
).
BACKGROUND
A.
Harvard Property Trust, LLC, a Delaware limited
liability company (
HPT
), as Purchaser, entered into that certain
Real Estate
Sale Agreement dated as of November 14, 2006 (the
Agreement
), with
CMD Realty Investment Fund II, L.P., an
Illinois limited partnership,
as Seller, in respect of an
office building having a street address of
17300 Dallas Parkway, Dallas County, Texas
.
B. By that certain Assignment of Real Estate
Sale Agreement dated as of November 14, 2006, HPT assigned its right, title and
interest in the Agreement to Assignor.
B. Assignor desires to assign all of
its interest in the Agreement to Assignee and Assignee desires to accept the
assignment.
AGREEMENT
For good and valuable
consideration, receipt of which is acknowledged, Assignor assigns to Assignee
all of Assignors interest in the Agreement.
Assignee accepts the assignment and assumes and shall perform all of
Assignors duties as Purchaser under the Agreement.
[This space intentionally
left blank]
EXECUTED to be effective
as of the day and year first above written.
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ASSIGNOR:
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BEHRINGER HARVARD OPPORTUNITY
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OP I LP
, a Texas
limited partnership
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By:
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Behringer Harvard Opportunity REIT I,
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Inc., Its General Partner
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By:
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Gerald J. Reihsen, III
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Secretary
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ASSIGNEE:
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BEHRINGER HARVARD BENT TREE LP,
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a Delaware limited partnership
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By:
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Behringer Harvard Bent Tree GP, LLC,
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Its General Partner
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By:
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Gerald J. Reihsen, III
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Secretary
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