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Form #1165Combination Assignment, Acceptance and Consent
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Combination assignment,
acceptance and consent.
[Chicago Real Estate Board form]
Assignment
by Lessee
For value received the undersigned, the lessee
described in the within lease, does hereby assign all right, title and interest
in and to the said lease to _________ and in consideration of the consent to
this assignment by lessor, the lessee does hereby guarantee, during the term of
this lease or of any holdover, the performance by assignee, his heirs,
executors, administrators or assigns, of all covenants, agreements and
conditions contained in said lease, on the part of lessee to be performed,
including additional agreements of assignee. Nothing herein contained shall be
held or construed to release the said lessee from any liability whatsoever
under the said indenture, or from his covenants, agreements or obligations
thereunder; but the said lessor may have such remedies against the said lessee,
including the confession of judgment for money due, as by said lease is
provided, in the same manner as if this assignment had not been made. The
lessee, assignor herein, hereby waives all right to any and all notice of
covenants or conditions broken by or of rent or money due from assignee, his
heirs, executors, administrators or assigns, or of assignment made by him or
them.
It is further agreed by this lessee, assignor herein,
that the taking by lessor of any remedy as by confession of judgment against
assignee shall not preclude lessor from the exercise of such remedy against
him, the undersigned assignor, but lessor may have the same remedy against
lessee, the said assignor, and assignee at the same or different times, but
lessor shall be limited to one satisfaction for any debts or obligations that
may accrue under or by virtue of the said lease, or assignment thereof.
Witness the hand and seal of the undersigned assignor
this _________ day of _________, A.D. 19__.
_________[Seal]
_________[Seal]
Acceptance
by Lessee's Assignee
In consideration of the above assignment and the
written consent of lessor thereto, the undersigned hereby assumes and agrees to
make all payments, and to perform and keep all promises, covenants, conditions
and agreements of the within lease by lessee to be made, kept and performed and
further agrees that no further assignment or any subletting of the premises
described in said lease, or any part thereof, will be made without the written
consent of lessor first had and obtained.
It is further agreed that the taking by lessor of any
remedy, as by confession of judgment against lessee shall not preclude lessor
from the exercise of said remedy against this assignee, and lessor may have the
same remedy against him, his heirs, executors, administrators or assigns
simultaneously with that against lessee [and guarantor, if any], but lessor
shall be limited to one satisfaction for any debts or obligations which may
accrue under or by virtue of the said lease, or assignment thereof.
Assignee
does hereby irrevocably constitute any attorney of any court of record in any
state or of the United States, attorney for him and in his name, from time to
time, to waive the issuance of process and service thereof, to waive trial by
jury, to confess judgment in favor of lessor, his heirs, executors,
administrators or assigns, and against this assignee, for the amount of rent
which may be in default by virtue of the terms of said lease or of this
acceptance of the assignment of said lease, together with the costs of such
proceedings, and a reasonable sum, but at no time less than ten dollars, for
plaintiff's attorney's fees in or about the entry of said judgment, and for
said purposes to file in said cause his cognovit thereof, and to make an
agreement in said cognovit, or elsewhere, waiving and releasing all errors
which may intervene in any such proceeding, and waiving and releasing all right
of appeal and right to writ of error, and consenting to an immediate execution
upon such judgment. If there be more than one assignee this warrant of attorney
is given jointly and severally and shall authorize the entry of appearance of,
waiver of issuance of process and trial by jury by, and confession of judgment
against any one or more of such assignees, and shall authorize the performance
of
every other act in the name of and on behalf of any
one or more of such assignees, said assignee or assignees hereby confirming all
that said attorney may lawfully do by virtue hereof.
Witness the hand and seal of the undersigned assignee
this _________ day of _________, A.D. 19__.
_________[Seal]
_________[Seal]
Consent
to Assignment
The undersigned lessor hereby consents to the
assignment of the within lease by lessee therein named to assignee above named,
in consideration of promises, covenants and agreements expressed in the above
assignment and acceptance.
Witness the hand and seal of lessor this _________ day
of _________, A.D. 19__.
_________[Seal]
_________[Seal]
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regading how we deal with your email. We pledge that we will:
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Submissions to this site, including any legal or business forms, posts, responses
to questions or other communications by contributors are not intended as and should
not be construed as legal advice. You are strongly encouraged to consult competent
legal council before engaging in any action based upon content contained on this
site.
These downloadable forms are only for personal use. Retransmission, redistribution,
or any other commercial use is prohibited. This includes reposting forms from this
site to another site offering free legal or other document forms for download.
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form, and you agree to abide by these terms. It is highly recommended that you have
a licensed attorney review any legal documents for which you are searching in order
to make sure that your needs are being properly and completely satisfied.
Your use of this site constitutes your acceptance of our terms of use and your agreement
to hold this site, its officers, employees and any contributors to this site harmless
for any damage you might incur from your use of any submissions contained on this
site. If you do not agree to the above terms, please do not proceed.
These forms are provided to assist business owners and others in understanding important
points to consider in different transactions. They are offered with the understanding
that no legal advice, accounting, or other professional service is being offered
by these documents or on this website. Laws vary in the different states. Agreements
acceptable in one state may not be enforced the same way under the laws of another
state. Also, agreements should relate specifically to the particular facts of each
situation. Therefore, it is important to consult legal counsel whenever utilizing
these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com
is not engaged in recommending or referring members on the site or making claims
about the competence, character or qualifications of its participating members.
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Keywords: Combination Assignment, Acceptance and Consent, Real Estate, Lease, Legal Forms
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