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EXHIBIT 10.2
AMENDMENT TO PARTICIPANTS SUPPORT AGREEMENT
This Amendment to Participants Support Agreement (this "Amendment") is
made and entered into as of April 1, 1999, by and between Sun Communities
Operating Limited Partnership, a Michigan limited partnership ("Sun") and
Xxxxxxx Financial Services Corporation, a Michigan corporation (the "Company").
RECITALS
A. Sun Communities, Inc., a Maryland corporation, and the Company
entered into a Participants Support Agreement on the 30th day of September 1997
to be effective as of July 1, 1997 (the "Agreement").
B. Sun Communities, Inc. assigned all of its right, title and
interest in and to the Agreement to Sun pursuant to an Assignment and Assumption
of Agreements, Contracts, Options and Warrants dated as of December 31, 1997.
C. Sun and the Company wish to amend the Agreement as hereinafter set
forth.
D. Capitalized terms used in this Amendment shall have the meanings
ascribed to such terms in the Agreement.
NOW THEREFORE, in consideration of the mutual covenants and agreements
below, the adequacy and receipt of which is hereby acknowledged, the parties
hereby agree as follows:
1. Section 3 of the Agreement is hereby deleted in its entirety
and the following is hereby substituted in its place:
3. COMPENSATION. In consideration for the services to be
provided by Sun under this Agreement, Sun shall receive a fee
for each Contract originated by Sun equal to 1% of the
principal amount of the loan covered by such Contract, payable
at the time such loan is funded. Sun will be eligible to
receive up to 330,000 options to purchase shares of the
Company's common stock (the "Participants Options"), provided
Sun satisfies certain requirements described below. Sun will
be entitled to receive customary site rents and brokerage fees
in connection with the resale of foreclosed homes.
2. Except as amended hereby, the Agreement and all of its terms
and provisions shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties have executed this Assignment as of
April 1, 1999.
SUN COMMUNITIES OPERATING
LIMITED PARTNERSHIP, a Michigan
limited partnership
By: Sun Communities, Inc., a Maryland
corporation, its general partner
By:
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Its:
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XXXXXXX FINANCIAL SERVICES
CORPORATION, a Michigan corporation
By:
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Its:
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