EXHIBIT 10.6
FIRST AMENDMENT TO
PURCHASE AND SALE AGREEMENT
AND ESCROW INSTRUCTIONS
This First Amendment to Purchase and Sale Agreement and Escrow
Instructions ("First Amendment") is entered into and made effective this 8th day
of January, 2004, between IGP X SHADOWRIDGE XXXXXXX, LTD., a California limited
partnership ("Seller") and XXXX XXXXXXXX, AS TRUSTEE OF THE XXXX XXXXXXXX TRUST
DATED OCTOBER 31, 2001 ("Buyer") with reference to the following facts:
RECITALS
A. Seller and Buyer entered into that certain Purchase and Sale
Agreement and Escrow Instructions dated December 8, 2003 (the "Agreement").
B. The parties desire to amend the Agreement as set forth in this
First Amendment.
C. All capitalized terms used in this First Amendment unless
specifically defined herein shall have the same meaning as the capitalized terms
used in the Agreement.
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of
which are expressly acknowledged, Seller and Buyer agree as follows:
AGREEMENT
1. Contingency Period (Section 2.1). The Contingency Period shall
be extended until 5:00 p.m. (local time at the Property) on January 16, 2004.
2. Executed Counterparts. This First Amendment may be executed in
one or more counterparts, all of which together shall constitute a single
agreement and each of which shall be an original for all purposes.
3. Confirmation. Except, as and to the extent modified by this
First Amendment, all provisions of the Agreement shall remain in full force and
effect.
//
//
//
//
//
1
SELLER BUYER
IGP X SHADOW RIDGE XXXXXXX XXXX XXXXXXXX, TRUSTEE OF THE
LTD., a California Limited Partnership XXXX XXXXXXXX TRUST DATED
OCTOBER 31, 2001
By: IGP X SHADOW RIDGE XXXXXXX By:___________________________
MANAGEMENT, INC., Name: Xxxx Xxxxxxxx
a California corporation Title: Trustee
By: /s/ Xxxxx X. Xxxxxx
______________________________________
Name: Xxxxx X. Xxxxxx
Title: President
ESCROW HOLDER CONSENT
Escrow Holder hereby acknowledges that it has received fully executed
or executed counterparts of the foregoing First Amendment and agrees to be bound
by the provisions thereof.
ESCROW HOLDER:
XXXXXXX TITLE COMPANY
By: /s/ X.X. Xxxxx Date____________,2004
------------------------------
Name: X.X. Xxxxx
Title: Commerical Escrow Officer Escrow No.: 1050932
2
SELLER BUYER
IGP X SHADOW RIDGE XXXXXXX XXXX XXXXXXXX, TRUSTEE OF THE
LTD., a California Limited Partnership XXXX XXXXXXXX TRUST DATED
OCTOBER 31, 2001
By: IGP X SHADOW RIDGE XXXXXXX By: /s/ Xxxx Xxxxxxxx
MANAGEMENT, INC., --------------------------
a California corporation Name: Xxxx Xxxxxxxx
Title: Trustee
By:
-----------------------------------
Name: Xxxxx X. Xxxxxx
Title: President
ESCROW HOLDER CONSENT
Escrow Holder hereby acknowledges that it has received fully executed
or executed counterparts of the foregoing First Amendment and agrees to be bound
by the provisions thereof.
ESCROW HOLDER:
XXXXXXX TITLE COMPANY
By: /s/ X.X. Xxxxx Date: ,2004
--------------------------------- ---------------
Name: X.X. Xxxxx Escrow No.: 1050932
Title: Commercial Escrow Officer
2
