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EXHIBIT 10.2
FOURTH AMENDMENT TO AGREEMENT FOR THE
PURCHASE AND SALE OF REAL ESTATE
This Fourth Amendment To Agreement for the Purchase and Sale of Real
Estate ("Amendment") dated this _ day of September, 1996 by and between
CAROLINA INVESTMENT PARTNERS, a North Carolina limited partnership, ADA
CORPORATION OF NORTH CAROLINA, a North Carolina corporation (hereinafter
referred to collectively as "Seller"), and XXXXXXXXX & BANKS, LTD., a Rhode
Island corporation (hereinafter referred to as "Purchaser").
W I T N E S S E T H:
WHEREAS, Seller and Purchaser entered into that certain Agreement for
the Purchase and Sale of Real Estate dated April 20, 1995 (the "Purchase
Agreement"), as amended by that certain First Amendment to Agreement for the
Purchase and Sale of Real Estate dated August 9, 1995 (the "First Amendment"),
and that certain Second Amendment to Agreement for the Purchase and Sale of
Real Estate dated April 19, 1996 (the "Second Amendment"), and that certain
Third Amendment to Agreement for the Purchase and Sale of Real Estate dated
September 10, 1996 (the "Third Amendment"; the Purchase Agreement, First
Amendment, Second Amendment and Third Amendment shall hereinafter sometimes be
referred to collectively as the "Agreement"), for the purchase and sale of
approximately 17.1745 acres of real property located in Cary, Wake County,
North Carolina, as the same is more particularly described in the Agreement;
and
WHEREAS, Purchaser has requested and Seller has agreed to extend the
date of the Initial Closing (as defined in the Third Amendment) upon the terms
and conditions set forth hereinbelow.
NOW, THEREFORE, for and in consideration of the mutual promises and
agreements herein contained and other good and valuable consideration, the
receipt and sufficiency of which and hereby acknowledged, the Purchaser and
Seller agree as follows:
1. Section 1(A) of the Third Amendment is hereby amended to
reflect that the Initial Closing shall be held on September 25, 1996.
2. This Amendment shall be binding upon and inure to the benefit
of the successors and assigns of the respective parties hereto.
3. This Amendment shall be construed under and in
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accordance with the laws of the State of North Carolina.
Except as herein expressly modified, all of the terms and conditions
of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, this Amendment has been duly executed by the
parties hereto as of the day and year first above written.
PURCHASER:
XXXXXXXXX & BANKS, LTD.
a Rhode Island corporation
ATTEST:
/s/ By: /s/
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---- Secretary
(Corporate Seal)
SELLER:
CAROLINA INVESTMENT PARTNERS
By: /s/
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General Partner
ADA CORPORATION OF NORTH CAROLINA
ATTEST:
/s/
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------ Secretary
(Corporate Seal)
By: /s/
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Vice President
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