EXHIBIT 10.02
FIRST AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE
OF REAL PROPERTY AND ESCROW INSTRUCTIONS
THIS AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND
ESCROW INSTRUCTIONS (the "Amendment") is made as of the 29th day of March, 2004,
by and between WESTERN PLACE SKYRISE, LTD, a Texas limited partnership
("Seller") and TRIPLE NET PROPERTIES, LLC, a Virginia limited liability company
("Buyer").
RECITALS:
A. Seller and Buyer entered into an Agreement for Purchase and
Sale of Real Property and Escrow Instructions (the "Agreement") dated February
26, 2004 for the purchase and sale of Western Place I & II, located at 6000 &
0000 Xxxxxxx Xxxxx, Xx. Xxxxx, Xxxxx, and more specifically described in the
Agreement.
B. The Seller and Buyer desire to amend the Agreement on the
terms contained herein.
NOW, THEREFORE, for and in consideration of the foregoing, and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Seller and Buyer intending to be legally bound, agree that the
Agreement is hereby amended as follows:
1. All capitalized terms used herein shall have the
meanings given them in the Agreement, unless they are
otherwise specifically amended herein.
2. Buyer and Seller hereby acknowledge that, except as
hereby expressly modified, the Agreement shall be
unchanged, shall remain in full force and effect and
is hereby expressly ratified and confirmed by Seller
and Buyer.
3. Section 5.1 is hereby amended to provide that the Due
Diligence Period shall expire at 5:00 P.M. Pacific
time on April 6, 2004.
4. The Agreement may not be further modified except by
an instrument in writing signed by each of the
parties hereto.
5. This Amendment may be executed in multiple
counterparts, each of which shall constitute an
original and all of which shall constitute one and
the same agreement. This Amendment may be delivered
by facsimile, and such facsimile counterparts shall
be valid and binding on the parties with the same
effect as if original signatures had been exchanged.
IN WITNESS WHEREOF, the Seller and Buyer have caused this Amendment to
be executed by their duly authorized representative thereof.
SELLER:
WESTERN PLACE SKYRISE, LTD.,
a Texas limited partnership
By: WESTERN PLACE SKYRISE, GP, LLC.,
its general partner
By: /s/ XXXXX XXXXXXX-XXXX
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Name: Xxxxx Xxxxxxx-Xxxx
Title: Vice President
EXECUTED on this 29th day of March, 2004
BUYER:
TRIPLE NET PROPERTIES, LLC,
a Virginia limited liability company
By: /s/ XXXXXXX X. XXXXXXXX
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Xxxxxxx X. Xxxxxxxx
President
