EXHIBIT 2.2
FIRST AMENDMENT
TO
PURCHASE AND SALE AGREEMENT
This FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT is made and entered
into as of the 28th day of May, 2004, by and between TST LENEXA, L.P., a Kansas
limited partnership ("Seller"), and GOVERNMENT PROPERTIES TRUST, INC., a
Maryland corporation ("Buyer").
WHEREAS, Seller and Buyer entered into a certain Purchase and Sale
Agreement (the "Purchase Agreement") dated April 26, 2004 with respect to
Property described as follows:
Lots 9 and 10 and the East 126.09 feet of Xxx 0,
Xxxx Xxxxx Xxxx Xxxxxxxx Xxxx - Xxxxxx Xxxx,
a Subdivision in the City of Lenexa, Xxxxxxx County, Kansas,
according to the recorded plat thereof; and
WHEREAS, Buyer has requested, and Seller has agreed, to adjust the
purchase price to reflect certain conditions discovered during Buyer's
inspection of the Property;
NOW, THEREFORE, Buyer and Seller agree as follows:
1. Section 2.1 of the agreement is hereby amended by changing the
purchase price from $10,500,000.00 to $10,395,000.00.
2. Buyer and Seller acknowledge that the Inspection Period has expired,
and that the Deposit is non-refundable to the extent provided in of the Purchase
Agreement.
3. Except to the extent amended hereby, the Purchase Agreement shall
remain in full force and effect, and its provisions are ratified and affirmed.
4. Capitalized terms herein shall have the meanings ascribed to such
terms in the Purchase Agreement.
IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement as of
the 28th day of May, 2004.
SELLER:
TST LENEXA, L.P.,
a Kansas limited partnership
By: TST Lenexa Management, LLC,
a Kansas limited liability company
By: /s/ Xxxxx X. Xxxxxxx
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Xxxxx X. Xxxxxxx
Its Manager
PURCHASER:
GOVERNMENT PROPERTIES TRUST, INC.,
a Maryland corporation
By: /s/ Xxxxxx X. Xxxxxxx
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Its President and CEO