SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS
SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND
SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS
This Second Amendment to Agreement for Purchase and Sale of Real Property and Escrow Instructions (this “Amendment”) is made and entered into as of July 13, 2006, by and between XXXXX — Titan Plaza, L.P. a Virginia limited partnership, NNN Titan 1, LLC, NNN Titan 2, LLC, NNN Titan 3, LLC, NNN Titan 4, LLC, NNN Titan 5, LLC, NNN Titan 6, LLC, NNN Titan 7, LLC, NNN Titan 8, LLC, NNN Titan 9, LLC, each a Texas limited liability company (collectively, “Seller”), and Xxxxx Xxxxxxx Titan, LP, a Delaware limited partnership (“Buyer”).
RECITALS:
A. Seller and Xxxxx Xxxxxxx, LP, a Delaware limited partnership entered into that certain Agreement for Purchase and Sale of Real Property and Escrow Instructions, dated as of June 6, 2006 and amended by that certain First Amendment to Agreement, dated as of June 30, 2006 (collectively, the “Agreement”), pertaining to certain property located in San Antonio, Texas, as more particularly described in the Agreement (the “Property”).
X. Xxxxx Xxxxxxx, XX assigned the Agreement to Buyer on or about June 30, 2006.
C. Seller and Buyer desire to amend the Agreement on the terms and conditions set forth below.
AGREEMENT:
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer hereby agree as follows:
1. | The Closing Date is hereby extended from July 14, 2006 to July 21, 2006. |
2. | Each party and its signatory below has full right, power and authority to execute, deliver and perform this Amendment without obtaining any further consents or approvals from, or the taking of any other actions with respect to, any third parties and this Amendment. Faxed and counterpart signatures will be effective as originals and the parties need not execute this Agreement on the same date for it to be effective. |
3. | To the extent the terms of this Amendment in any way conflict with the terms of the Agreement, the terms of this Amendment shall control, but all other terms of the Agreement not modified hereby shall remain the same and in full force and effect. |
[Signature page follows]
SELLER:
XXXXX — Titan Plaza, L.P.,
a Texas limited partnership
By: | XXXXX — Titan Plaza GP, LLC, |
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a Texas limited liability company, |
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general partner | ||||||||
By: | T REIT L.P., | |||||||
a Virginia limited partnership, |
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sole member | ||||||||
By: | T REIT, Inc., a Virginia corporation, general partner |
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By: | /s/ Xxxx Xxxxxx | |||||||
Its: | Xxxx Xxxxxx | |||||||
NNN Titan 1, LLC,
NNN Titan 2, LLC,
NNN Titan 4, LLC,
NNN Titan 5, LLC,
NNN Titan 6, LLC,
NNN Titan 7, LLC,
NNN Titan 8, LLC,
NNN Titan 9, LLC,
each a Taxes limited liability company
Each by: Triple Net Properties, LLC,
a Virginia limited liability company,
its Vice President
By:
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/s/ Xxxxx Xxxxxx | |
Its:
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Xxxxx Xxxxxx President |
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BUYER:
XXXXX XXXXXXX TITAN, LP
a Delaware limited partnership
By: |
/s/ Xxxx Xxxxxxx _ | |||
Name: |
Xxxx Horning____________ |
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Title: |
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