Exhibit 10(d)
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SECOND AMENDMENT TO
AGREEMENT OF LIMITED PARTNERSHIP
OF BT ORLANDO LIMITED PARTNERSHIP
This SECOND AMENDMENT TO AGREEMENT ("Amendment") is made and entered
into as of May 20, 1998 by and between BEF, Inc., a Tennessee corporation
("BEFI"), Xxxxxxxx-Xxxxx Industries, Inc., a Delaware corporation ("Xxxxxxxx"),
BT Partnership, a Tennessee general partnership ("BT") and EST Orlando, Ltd., a
Florida limited partnership ("EST").
R E C I T A L S:
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X. XXXX, Xxxxxxxx, XX and EST, as of May 20, 1996, entered into that
certain Agreement of Limited Partnership of BT Orlando Limited Partnership (the
"Original Partnership Agreement").
X. XXXX, Xxxxxxxx, XX and EST, as of July ___, 1996, entered into that
certain First Amendment to Agreement of Limited Partnership of BT Orlando
Limited Partnership (the "First Amendment"). The Original Partnership Agreement
and First Amendment are hereafter referred to as the "Partnership Agreement".
X. XXXX, Xxxxxxxx, XX and EST desire to amend certain provisions of the
Partnership Agreement as follows.
A G R E E M E N T:
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NOW, THEREFORE, for and in consideration of the premises and of the
mutual agreements hereinafter set forth, the parties hereto agree as follows:
1. Section 11.1(e) is amended and restated in its entirety as follows:
(e) Failure for any reason to secure and close construction
financing for the Project by December 31, 1998. If, by
December 31, 1998, leases have been executed for more than 50%
of the rentable square footage within the Project, upon
request from BEFI, the time for securing and closing
construction financing for the Project may be extended until
June 30, 1999.
IN WITNESS WHEREOF, the parties hereto have executed this Second
Amendment to Agreement of Limited Partnership as of the day and year first above
written.
BEF, INC., a Tennessee corporation, as
general partner
By:__________________________________
XXXXXXXX-XXXXX INDUSTRIES, INC.,
a Delaware corporation, as general partner
By:__________________________________
BT PARTNERSHIP, a Tennessee general
partnership, as limited partner
By: BE, Inc., managing partner
By:__________________________________
EST ORLANDO, LTD., a Florida limited
partnership, as limited partner
By:____________________________________
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