SECOND AMENDMENT TO CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE
Exhibit 10.1
Second Amendment to Contract
September 27, 2007
SECOND AMENDMENT TO CONTRACT FOR THE SALE AND
PURCHASE OF REAL ESTATE
This SECOND AMENDMENT TO CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE (hereinafter referred to as Second Amendment ) is made and entered into this the 27th day of September, 2007, by and between XXXX XXX XXXXX, SR., XXXXXXXXX XXXXXX XXXXX, XXXX XXX XXXXX, JR. AND XXXXX XXXXX XXXXXX (Xxxxx Xxxxx Xxxxxx is the same person as Xxxxx Xxxxx Xxxxxxx, (hereinafter referred to collectively as Sellers ) and MYRIAD WORLD RESORTS OF TUNICA, LLC, a Mississippi limited liability company, (hereinafter referred to as Purchaser ), collectively referred to as Parties. MYRIAD ENTERTAINMENT AND RESORTS, INC. ( Myriad Entertainment ), XXXX XXXXXXX and XXXXX XXXXXXX, SR. join in solely and only for the express purposes listed and outlined herein.
WHEREAS, the Sellers and Purchaser have previously entered into that certain Contract for the Sale and Purchase of Real Property dated April 25, 2007 (the Original Contract ); and
WHEREAS, the Sellers and Purchaser have previously entered into that certain First Amendment to Contract for the Sale and Purchase of Real Estate dated July 27, 2007 (the First Amendment ); and
WHEREAS, the Parties desire to enter into this Second Amendment in order to amend certain provisions of the Original Contract and the First Amendment; and
Now therefore, for and in consideration of Ten Dollars ($10.00), the mutual covenants, conditions and promises contained herein, and in reliance on the representation of the Purchaser that a lender has assured Purchaser (subject to its due diligence) that it will fund the land takedown at the purchase price and may be involved in providing equity for the project, the parties do hereby contract as follows:
WITNESSETH:
1.
Paragraph 24 is hereby amended to add a new Paragraph 24 (e) as follows:
24 (e).
Additional stock consideration: At closing, Myriad Entertainment and Resorts, Inc. (hereinafter Myriad Entertainment ) shall cause to be issued and delivered 300,000 shares of its Common Stock. This is in addition to the stock being issued pursuant to Paragraph 24 (a). The additional 300,000 shares shall be issued to the individuals/entities as directed in writing by Xxxx Xxx Perry, Sr. at closing. The additional 300,000 shares shall be subject to all provisions of Paragraph 24. If no written direction is given, the stock shall be issued 40% to Xxxx Xxx Xxxxx, Sr., 20% to Xxxxxxxxx X. Xxxxx, 20% to Xxxx Xxx Xxxxx, Jr., and 20% to Xxxxx X. Xxxxxx.
2.
Paragraph 3 of the Original Contract is amended as follows:
Closing Date: This transaction shall close on or before Thursday, November 15, 2007 at 3:00 p.m. (the Closing Date ) at Xxxxxxx Law Firm, L.L.P., 000 Xxxxxx Xxxxxx, X.X. Xxx 000, Xxxxxx, XX 00000, or other such place as is mutually agreed upon by the parties. If the Purchaser desires to close this transaction prior to the closing date, then Purchaser shall give Sellers written notice at least ten (10) days prior to the desired closing date which notice shall state the desired closing date.
Sellers shall pay for the preparation of the Deed. Purchaser shall pay for the cost of recording the Deed. Sellers and Purchaser shall each pay their own attorney s fees and other expenses incurred in connection with this transaction.
3.
Except as specifically provided for above, all other terms, conditions and provisions of the Original Contract remain the same and are not amended and/or modified hereby.
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Myriad - Perry, et al.
Second Amendment to Contract
September 27, 2007
Witness our signatures on the day and year as first above written and by signing this Contract each party represents to the Party opposite that this contract has been read in its entirety and all terms, conditions, covenants and obligations are fully understood. Myriad Entertainment, Xxxx Xxxxxxx and Xxxxx XxXxxxx, Sr. join herein to consent and agree to the Second Amendment.
| MYRIAD WORLD RESORTS OF TUNICA, LLC |
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| By /s/ Xxxxxxxx X. Xxxxxxx |
| Xxxxxxxx X. Xxxxxxx, Manager |
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| By /s/ Xxxx Xxxxxx |
| Xxxx Xxxxxx, CEO |
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| MYRIAD ENTERTAINMENT AND RESORTS, INC. |
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| By /s/ Xxxxxxxx X. Xxxxxxx |
| Xxxxxxxx X. Xxxxxxx, Chairman of the Board |
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| By /s/ Xxxx Xxxxxx |
| Xxxx Xxxxxx, CEO |
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| /s/ Xxxx Xxx Perry, Sr. |
| Xxxx Xxx Xxxxx, Sr. |
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| /s/ Xxxxxxxxx Xxxxxx Perry |
| Xxxxxxxxx Xxxxxx Xxxxx |
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| /s/ Xxxx Xxx Perry, Jr. |
| Xxxx Xxx Xxxxx, Jr. |
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| /s/ Xxxxx Xxxxx Xxxxxx |
| Xxxxx Xxxxx Xxxxxx |
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| /s/ Xxxx Xxxxxxx |
| Xxxx Xxxxxxx |
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| /s/ Xxxxx XxXxxxx, Sr. |
| Xxxxx XxXxxxx, Sr. |
STATE OF MISSISSIPPI
COUNTY OF TUNICA
Personally appeared before me, the undersigned authority in and for said County and State, the above named Xxxx Xxx Perry, Sr., who acknowledged that he signed and delivered the foregoing instrument on the day and year therein mentioned.
Given under my hand and official seal, this the _____ day of September, 2007.
Notary Public
My Commission Expires:
STATE OF MISSISSIPPI
COUNTY OF TUNICA
Personally appeared before me, the undersigned authority in and for said County and State, the above named Xxxxxxxxx Xxxxxx Xxxxx, who acknowledged that she signed and delivered the foregoing instrument on the day and year therein mentioned.
Given under my hand and official seal, this the ______ day of September, 2007.
Notary Public
My Commission Expires:
STATE OF MISSISSIPPI
COUNTY OF __________________
Personally appeared before me, the undersigned authority in and for said County and State, the above named Xxxx Xxx Perry, Jr., who acknowledged that he signed and delivered the foregoing instrument on the day and year therein mentioned.
Given under my hand and official seal, this the ______ day of September, 2007.
Notary Public
My Commission Expires:
STATE OF MISSISSIPPI
COUNTY OF __________________
Personally appeared before me, the undersigned authority in and for said County and State, the above named Xxxxx Xxxxx Xxxxxx, who acknowledged that she signed and delivered the foregoing instrument on the day and year therein mentioned.
Given under my hand and official seal, this the ______ day of September, 2007.
Notary Public
My Commission Expires:
STATE OF MISSISSIPPI
COUNTY OF TUNICA
Personally appeared before me, the undersigned authority in and for said County and State, the above named Xxxxxxxx X. Xxxxxxx, the Manager of the above named Myriad World Resorts of Tunica, LLC., a Mississippi Limited Liability Company and acknowledged that on behalf of said limited liability company, and in its name, being duly authorized so to do, he signed the foregoing instrument and delivered said instrument on the day and year therein mentioned.
GIVEN under my hand and official seal, this the _____ day of September, 2007.
Notary Public
My Commission Expires:
STATE OF MISSISSIPPI
COUNTY OF TUNICA
Personally appeared before me, the undersigned authority in and for said County and State, the above named Xxxx Xxxxxx, CEO of the above named Myriad World Resorts of Tunica, LLC., a Mississippi Limited Liability Company and acknowledged that on behalf of said limited liability company, and in its name, being duly authorized so to do, he signed the foregoing instrument and delivered said instrument on the day and year therein mentioned.
GIVEN under my hand and official seal, this the _____ day of September, 2007.
Notary Public
My Commission Expires:
STATE OF MISSISSIPPI
COUNTY OF TUNICA
Personally appeared before me, the undersigned authority in and for said County and State, the above named Xxxxxxxx X. Xxxxxxx, the Chairman of the above named Myriad Entertainment and Resorts, Inc., a Delaware Corporation and acknowledged that on behalf of said limited liability company, and in its name, being duly authorized so to do, he signed the foregoing instrument and delivered said instrument on the day and year therein mentioned.
GIVEN under my hand and official seal, this the _____ day of September, 2007.
Notary Public
My Commission Expires:
STATE OF MISSISSIPPI
COUNTY OF TUNICA
Personally appeared before me, the undersigned authority in and for said County and State, the above named Xxxx Xxxxxx, CEO of the above named Myriad Entertainment and Resorts, Inc., a Delaware Corporation and acknowledged that on behalf of said limited liability company, and in its name, being duly authorized so to do, he signed the foregoing instrument and delivered said instrument on the day and year therein mentioned.
GIVEN under my hand and official seal, this the _____ day of September, 2007.
Notary Public
My Commission Expires:
STATE OF MISSISSIPPI
COUNTY OF TUNICA
Personally appeared before me, the undersigned authority in and for said County and State, the above named Xxxx Xxxxxxx, who acknowledged that he signed and delivered the foregoing instrument on the day and year therein mentioned.
Given under my hand and official seal, this the _____ day of September, 2007.
Notary Public
My Commission Expires:
STATE OF MISSISSIPPI
COUNTY OF __________________
Personally appeared before me, the undersigned authority in and for said County and State, the above named Xxxxx XxXxxxx, Sr., who acknowledged that he signed and delivered the foregoing instrument on the day and year therein mentioned.
Given under my hand and official seal, this the _____ day of September, 2007.
Notary Public
My Commission Expires:
