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EXHIBIT 10.18.2
SECOND AMENDMENT TO
PURCHASE AND SALE AGREEMENT
THIS SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT (this "Agreement")
is made and entered into as of October 20, 1999 (the "Effective Date"), by and
between ARGENT FRANKFORD, L.P., a Texas limited partnership ("Seller"), and HOME
INTERIORS & GIFTS, INC. a Texas corporation ("Buyer").
W I T N E S S E T H :
A. Seller and Purchaser entered into that one certain Purchase
and Sale Agreement (the "Agreement") with an effective date of
July 19, 1999.
B. Seller and Purchaser entered into that one certain First
Amendment to Purchase and Sale Agreement (the "Agreement")
with an effective date of July 23, 1999.
C. Seller and Purchaser hereby intend to further amend the
Agreement as more particularly provided herein.
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1. Exhibit "E" to the Exhibit "A" to Purchase and Sale Agreement,
the approved form of Subordination, Nondisturbance and
Attornment Agreement to be utilized in the event a lease of
the Property is executed, is deleted and the Exhibit "E -
Lease" attached to this Second Amendment is substituted in its
place for all purposes.
2. Buyer hereby acknowledges its approval of (a) the preliminary
replat of the Property in the form of the replat attached
hereto as Exhibit "E - Agreement", (b) the Amendment to Rail
Easement Agreement attached hereto as Exhibit "F," and (c) the
Common Access Easement attached hereto as Exhibit "G," subject
to the
3. terms and conditions of the Agreement and all rights of Buyer
provided therein. Seller agrees to advise Buyer on a regular
basis of any changes to the preliminary replat required by the
City of Carrollton, and to submit any such changes in the
preliminary replat to Buyer for Buyer's approval, which
approval shall not be unreasonably withheld or delayed.
4. Except as amended hereby, the Agreement is in full force and
effect.
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EXECUTED as of the day and year first above set forth, which shall be
the Effective Date of this First Amendment for all purposes.
SELLER:
ARGENT FRANKFORD, L.P.,
a Texas limited partnership
By: ARGENT FRANKFORD GP, LLC,
a Texas limited liability company
its General Partner
By: /s/ X.X. XXXXXXX
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Name: X.X. Xxxxxxx
Title: President
BUYER:
HOME INTERIORS & GIFTS, INC.
a Texas corporation
By: /s/ XXXXXXX XXXXX
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Name: Xxxxxxx Xxxxx
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Title: Vice President, General Counsel
and Secretary
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