[Maxus Properties Letterhead]
Via Fax and UPS Overnight
March 29, 2000
Xx. Xxxxxxx X. Xxxxxxx
SCHAFERICHARDSON, Inc.
530 Ford Centre
000 Xxxxx Xxxxx Xxxxxx
Xxxxxxxxxxx, XX 00000
RE: Cobblestone Court Sale Agreement
Dear Xxxx:
The purpose of this letter is to set forth an amendment to the Cobblestone Court
Shopping Center Sale Agreement dated January 28, 2000 (the "Agreement"), between
Xxxxxx Real Property Investors - Four, L.P. (now known as Maxus Real Property
Investors - Four, L.P. "Seller") and Xxxxxxxxxx Properties, Inc. ("Buyer").
Xxxxx and Xxxxxx agree as follows:
1. The initial closing date set forth in Paragraph 8 of the Agreement
was March 28, 2000, and the transaction has not closed. Buyer hs not made the
$100,000 additional Xxxxxxx Deposit to the Title Company required by Paragraph 8
to extend the closing date for an additional forty-five (45) day period.
2. Seller provided to Buyer the subordination, non-disturbance and
attornment agreements (the "SNDA's") and estoppel letters from all of the
tenants of the Property in form reasonably required by Xxxxx's lender prior to
March 28, 2000 as required by Paragraph 19 of the Agreement. Xxxxx acknowledges
that Xxxxxx has complied with all of the "Contingency" requirements set forth in
Paragraph 19 of the Agreement and this Paragraph is removed from the Agreement
with the exception of the final sentence which will remain.
3. Buyer will deposit the $100,000 additional Xxxxxxx Deposit required
by Paragraph 8 at the Title Company no later than March 31, 2000 which will
extend the closing date to no later than May 15, 2000.
0000 Xxxx, Xxxxx 0000 Xxxxxx Xxxx, XX 00000
000-000-0000 P.O. Box 26730 Kansas City, MO 64198 FAX 000-000-0000
May 29, 2000
Xxxxxxx X. Xxxxxxx
Page 2
All other terms and conditions of the Agreement remain in full force and affect.
If the terms and conditions of this amendment are acceptable, acknowledge as
such by signing below and returning to me along with evidence of the additional
$100,000 deposit no later than March 31, 2000.
Sincerely,
/s/ Xxxxxx X. Xxxxxx
Xxxxxx X. Xxxxxx
President
AGREED BY
Maxus Real Property Investors-Four, X.X. Xxxxxxxxxx Properties, Inc.
/s/ Xxxxxx X. Xxxxxx /s/ Xxxxxxx X. Xxxxxxx
Xxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxxx
President of Maxus Capital Corp, XXXXXXXXXXXXXXXX, INC.
General Partner Managing Agent for Xxxxxxxxxx
Properties, Inc.
