EXHIBIT 10.64
FOURTH AMENDMENT TO AGREEMENT FOR
PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS
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This Fourth Amendment to Agreement of Purchase and Sale and Joint
Escrow Instructions (this "Fourth Amendment") is made as of September 22, 1997
by and between Xxxxxx Realty, L.P., a Delaware limited partnership ("Buyer") and
Mission Square Partners, a California general partnership ("Seller") with
respect to the following:
R E C I T A L S :
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A. Seller and Buyer entered into that certain Agreement of Purchase
and Sale and Joint Escrow Instructions providing for the sale of 0000 Xxxxxxxxxx
Xxxxxx, Xxxxxxxxx, Xxxxxxxxxx as amended by that certain First Amendment, that
certain Second Amendment and that certain Third Amendment to the same
(collectively, the "Agreement");
B. Buyer and Seller anticipate that additional time will be required
to complete Buyer's review of the Property;
C. Seller and Buyer desire to amend the Agreement to provide for such
additional time.
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Seller and Buyer hereby agree as
follows:
A G R E E M E N T :
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1. Notwithstanding anything in the Agreement to the contrary, the
Contingency Date provided for in the Agreement is hereby extended to September
23, 1997.
2. Except as set forth in this Fourth Amendment, the provisions of
the Agreement remain unmodified and in full force and effect. If any provision
of this Fourth Amendment conflicts with any provision of the Agreement, the
provisions of this Fourth Amendment shall prevail.
3. Any capitalized terms which are not defined in this Fourth
Amendment shall have the meaning provided for in the Agreement.
4. This Fourth Amendment may be signed in counterparts, including
facsimile counterparts, which, when signed by both Buyer and Seller, shall
constitute a binding agreement.
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment as
of the date first written above.
"Buyer" XXXXXX REALTY, L.P.,
a Delaware limited partnership
By: /s/ Xxxxx Xxxx
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Name: Xxxxx Xxxx
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Title: S.V.P. and Treasurer
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"Seller" MISSION SQUARE PARTNERS,
a California general partnership
By: The Xxxxx X. Xxxxxx Title Holding Company,
Inc., (formerly known as The Xxxxx X. Xxxxxx
Company),
its general partner
By: /s/ Xxxxxx X. Xxxxxx
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Name: Xxxxxx X. Xxxxxx
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Title: C.E.O.
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By: BB&K Mission Square Partners, a California
general partnership,
its general partner
By:
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Name:
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Title:
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Acknowledgment by Escrow Holder:
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First American Title Insurance Company hereby acknowledges the terms
of this Fourth Amendment.
Dated:___________, 1997 FIRST AMERICAN TITLE INSURANCE COMPANY
By:
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Its Authorized Agent
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