AMENDMENT TO PURCHASE AND SALE AGREEMENT
Exhibit
10.49
AMENDMENT
TO PURCHASE AND SALE AGREEMENT
THIS
AMENDMENT TO PURCHASE AND SALE AGREEMENT (the “Amendment”)
is
executed by and between XXXXXX TRAVEL CENTERS, INC., a Nevada corporation
(“Seller”),
and
PUEBLO OF LAGUNA, a federally recognized Indian Tribe (“Buyer”),
to be
effective as of February 22, 2007.
The
following provisions constitute the basis for, and are a part of this
Amendment:
Seller
and Buyer executed that certain Purchase and Sale Agreement (the “Agreement”)
dated
effective December 27, 2006, concerning the sale by Seller and the purchase
by
Buyer of the Property, as defined and described in the Agreement. Seller
and
Buyer desire to amend the Agreement, as set forth below.
The
Inspection Period is hereby extended through March
15, 2007.
The
terms and conditions of the Agreement are superseded by this Amendment only
to
the extent that they conflict with the terms and conditions of this Amendment.
Except as expressly modified by this Amendment, all terms and condition of
the
Agreement are hereby ratified and affirmed by the parties. This amendment
may be
signed in one or more counterparts, and delivery of an executed facsimile
copy,
or delivery of an executed copy by email, shall have the same effect as delivery
of an executed original. Capitalized terms not otherwise defined herein shall
have the meaning set forth in the Agreement.
SELLER: | ||||
XXXXXX TRAVEL CENTERS, INC. | ||||
a Nevada corporation | ||||
By: | /s/ Xxxxxxx X. XxXxxx | Date of Execution: | February 23, 2007 | |
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Its: Senior Vice President, MIS | ||||
BUYER: | ||||
PUEBLO OF LAGUNA: | ||||
By: | /s/John Antonio, Governor | Date of Execution: | February 24, 2007 | |
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SECOND
AMENDMENT TO PURCHASE AND SALE AGREEMENT
THIS
SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT (The “Second
Amendment”)
is
executed by and between XXXXXX TRAVEL CENTERS, INC., a Nevada corporation
(“Seller”),
and
PUEBLO OF LAGUNA, a federally recognized Indian Tribe (“Buyer”),
to be
effective as of March 14, 2007.
The
following provisions constitute the basis for, and are a part of this Second
Amendment:
Seller
and Buyer executed that certain Purchase and Sale Agreement (the “Agreement”)
dated
effective December 27, 2006, concerning the sale by Seller and the purchase
by
Buyer of the Property, as defined and described in the Agreement. The Agreement
was modified pursuant to that certain Amendment (First) to Purchase and Sale
Agreement dated effective February 22, 2007, which is superseded by this
Second
Amendment.
The
Inspection Period is hereby extended through April
30, 2007.
The
terms and conditions of the Agreement are superseded by this Second Amendment
only to the extent that they conflict with the terms and conditions of this
Second Amendment. Except as expressly modified by the Amendment, all terms
and
conditions of the Agreement are hereby ratified and affirmed by the parties.
This Second Amendment may be signed in one or more counterparts, and delivery
of
an executed facsimile copy, or delivery of an executed copy by email, shall
have
the same effect as delivery of an executed original. Capitalized terms not
otherwise defined herein shall have the meaning set forth in the
Agreement.
SELLER: | ||||
XXXXXX TRAVEL CENTERS, INC. | ||||
a Nevada corporation | ||||
By: | /s/ Xxx Xxxxxxx | Date of Execution: | March 14, 2007 | |
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Its: Director of Operations | ||||
BUYER: | ||||
PUEBLO OF LAGUNA: | ||||
A
federally recognized Indian Tribe
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By: | /s/John Antonio, Governor | Date of Execution: | March 15, 2007 | |
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