FOURTH AMENDMENT TO PURCHASE AND SALE CONTRACT
Exhibit 10.26
FOURTH AMENDMENT TO PURCHASE AND SALE CONTRACT
This Fourth Amendment to Purchase and Sale Contract (this “Amendment”) is made as of November 7, 2008, between UNITED INVESTORS INCOME PROPERTIES (A MISSOURI LIMITED PARTNERSHIP) (“Seller”) and XXXXXXXX XXXXX & COMPANY(“Purchaser”).
W I T N E S S E T H:
WHEREAS, Seller and Purchaser entered into that certain Purchase and Sale Contract, dated as of August 20, 2008, with respect to the sale of certain property described therein (as amended, the “Agreement”); and
WHEREAS, Seller and Purchaser desire to amend certain provisions of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the sum of $10.00 and other good and valuable consideration, the mutual receipt and legal sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
3. Closing Date. The first sentence of Section 5.1 of the Agreement shall be deleted and replaced as follows:
“The Closing shall occur on December 12, 2008 (time being of the essence), provided, however, Purchaser shall have the one-time right, by delivering written notice (“Purchaser’s Adjournment Notice”) to Seller not later than December 8, 2008, to adjourn the Closing to December 30, 2008 (time being of the essence) (the actual date on which the Closing occurs is referred to herein as the "Closing Date"), provided that Purchaser shall, concurrently with the delivery of Purchaser’s Adjournment Notice, deliver to Escrow Agent an additional deposit of $1,000,000.00 (the “Adjournment Deposit”). The Adjournment Deposit shall be deemed part of the Deposit. If Purchaser timely deliver’s Purchaser’s Adjournment Notice, then Purchaser shall be deemed to waive all rights Purchaser has to terminate this Contract under Section 3.2 hereof.”
[Signature Page to Follow]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year hereinabove written.
Seller:
UNITED INVESTORS INCOME PROPERTIES (A MISSOURI LIMITED PARTNERSHIP),
a Missouri limited partnership
By: UNITED INVESTORS REAL ESTATE, INC.,
a Delaware corporation,
its general partner
By: /s/Xxxxx X. Xxxxxxxxx
Name: Xxxxx X. Xxxxxxxxx
Title: Vice President
Purchaser:
XXXXXXXX ZANZE & COMPANY,
a California corporation
By: /s/Xxxx Xxxxx
Name: Xxxx Xxxxx
Title: CFO