XXXXX-XXXXXX PARTNERS LIMITED PARTNERSHIP
Bannockburn Lake Office Plaza
0000 Xxxxxxxx Xxxx, Xxxxx X000
Xxxxxxxxxxx, Xxxxxxxx 00000
March 31, 0000
Xxxxxxxx X. Xxxx
Xxx-Xxxxxxx Xxxxxxxxxx xx Xxxxx, L.P.
000 Xxxxxx
Xxxxxx Xxxxxxxx 00000
Re: The Xxxxx Apartments, Austin, Texas
Ladies and Gentlemen:
Reference is made to that certain Agreement of Sale ("Agreement") by and
between Xxxxx-Xxxxxx Partners Limited Partnership, an Illinois limited
partnership ("Seller") and Mid-America Apartments of Texas, L.P., a Texas
limited partnership ("Purchaser") and that certain Escrow Agreement ("Escrow
Agreement") by and among Seller, Purchaser and Lawyers Title Insurance
Corporation ("Escrowee"). All capitalized terms which are used but not defined
herein shall have the meanings ascribed to such terms in the Agreement.
This letter is for the purpose of amending the Agreement of Sale and the
Escrow Agreement as set forth herein. Purchase's acknowledgment of this letter
shall constitute Purchaser's agreement to the amendments contained therein.
The Agreement is hereby amended as follows:
a. Section 1: The following text beginning in the second line, (pursuant
to that certain Letter Agreement dated March 20, 1997 by and among Seller,
Purchaser and Escrowee), is hereby deleted "Ten Million Three Hundred Thousand
And No/100 dollars ($10,300,000.00)" and is replaced with "Ten Million And
No/100 dollars ($10,000,000.00)".
b. Section 8. The date of "April 17, 1997" as contained in the second
line is hereby deleted and replaced with "April 10, 1997".
Except as stated above, the Agreement of Sale shall remain in full force
and effect.
The Escrow Agreement is hereby amended as follows: the date of "April 17,
1997" as contained in the first line of Paragraph 3 is hereby deleted and
replaced with "April 10, 1997".
Except as stated above, the Escrow Agreement shall remain in full force
and effect.
Please execute the acknowledgment below, and return this letter agreement
to Xxxxx Xxxxxxxx by facsimile (312/902-1061) and by mail c/o Xxxxxx Xxxxxx &
Xxxxx, 000 Xxxx Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000.
Very truly yours,
XXXXX-XXXXXX PARTNERS LIMITED PARTNERSHIP,
an Illinois limited partnership
By: Xxxxx-Xxxxxx Partners, Inc., an Illinois
corporation, its general partner
By: /s/ Xxxxx X. Xxxxxxxxx
-----------------------------
Name: Xxxxx X. Xxxxxxxxx
-----------------------------
Its: Senior Vice President
-----------------------------
ACCEPTED AND AGREED TO THIS
1 DAY OF April, 0000
XXX-XXXXXXX XXXXXXXXXX XX
XXXXX, L.P., a Texas limited partnership
By: MAC OF DELAWARE, INC.,
a Delaware corporation
By: /s/ Xxxxxxxx X. Xxxx
----------------------------
Xxxxxxxx X. Xxxx
President
ESCROWEE:
Charter Title Company
By:
-------------------------------
Its Authorized Agent