Exhibit 10.4
Chalet
THIRD AMENDMENT
TO
AGREEMENT FOR PURCHASE AND SALE
This Third Amendment to Agreement for Purchase and Sale (this "Amendment"),
dated August 30, 2001, is made among Garden Chalet I L.P., a Delaware limited
partnership ("Chalet I Seller") and Chalet II Associates, a Kansas general
partnership ("Chalet II Seller"), each with offices at 0000 Xxxxxx Xxxx Xxxx,
Xxx. 000, Xxxxxx, XX 00000 (Chalet I Seller and Chalet II Seller being
collectively referred to as "Seller"), and KelCor, Inc., a Missouri corporation,
with offices at 000 Xxxxxx Xxxx, Xxxxx Xxxxxx Xxxx, Xxxxxxxx 00000
("Purchaser").
Recitals:
A. Seller and Purchaser entered into a certain Agreement for Purchase and
Sale dated effective as of June 25, 2001 (as amended, the "Agreement"), which
Agreement is for the sale and purchase of certain property located in Collin
County, Texas and described in the Agreement.
B. Purchaser and Seller desire to modify the Agreement, as set forth in
this Amendment.
C. All capitalized terms used in this Amendment and not separately defined
shall have the meanings ascribed to such terms in the Agreement.
Now, therefore, Purchaser and Seller agree as follows:
1. The Agreement shall remain in full force and effect, as modified by this
Agreement.
2. The Assumption Period shall expire on September 10, 2001.
3. The Closing Date shall be September 18, 2001.
IN WITNESS WHEREOF, the parties have executed this Amendment.
SELLER: Garden Chalet I L.P.
By: Garden National Realty, Inc.,
its general partner
By: /s/ Xxxxx X. Xxxxxxxx
Name: Xxxxx X. Xxxxxxxx
Title: Executive Vice President
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Chalet II Associates,
a Kansas general partnership
By: National Operating, L.P.,
its general partner
By: NRLP Management Corp.
its general partner
By: /s/ Xxxxx X. Xxxxxxxx
Name: Xxxxx X. Xxxxxxxx
Title: Executive Vice President
PURCHASER: KelCor, Inc.
By: /s/ Xxxxx X. Xxxxxxx
Name: Xxxxx X. Xxxxxxx
Title: Vice President
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