EXHIBIT 10.61
FIRST AMENDMENT TO AGREEMENT OF
PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS
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This FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS ("Amendment") is made and entered into as of this 30th day of June,
1997, by and between MAZDA MOTOR OF AMERICA, INC., a California corporation
("Seller"), and XXXXXX REALTY L.P., a Delaware limited partnership ("Buyer"),
with respect to the following:
R E C I T A L S
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A. Buyer and Seller are parties to that certain Agreement of
Purchase and Sale and Joint Escrow Instructions dated June 12, 1997 (the
"Purchase Agreement"), pursuant to which Seller has agreed to sell to Buyer, and
Buyer has agreed to purchase from Seller, certain property in Irvine,
California, more particularly described in the Purchase Agreement as the
"Property."
B. Defined terms which are used in this Amendment without definition
have the meanings given to the them in the Purchase Agreement.
C. Buyer and Seller desire to confirm the satisfaction of certain
conditions set forth in the Purchase Agreement as more particularly provided in
this Amendment below.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows:
A G R E E M E N T
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1. The form of Lease to which Buyer and Seller have agreed pursuant
to the terms of Paragraph 7(c)(i) of the Purchase Agreement is attached to this
Amendment. The Roof Issue described in Paragraph 7(c)(ii) of the Purchase
Agreement has been resolved as provided in the Lease attached hereto, and the
parties acknowledge by execution of this Amendment that the conditions set forth
in Paragraph 7(c) of the Purchase Agreement have been satisfied.
2. In all other respects, the Purchase Agreement remains unmodified
and in full force and effect.
3. This Amendment may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which, together, shall constitute
one and the same Amendment.
IN WITNESS WHEREOF, Buyer and Seller have executed this Amendment as
of the date first written above.
"Buyer" XXXXXX REALTY L.P., a
Delaware limited partnership
By: Xxxxxx Realty Corporation, a Maryland
corporation,
Its General Partner
By:__________________________
Print Name:_______________
Print Title:______________
"Seller" MAZDA MOTOR OF AMERICA, INC., a
California corporation
By:_______________________________
Print Name:____________________
Print Title:___________________
