FOURTH AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT
FOURTH AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT
THIS FOURTH AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT (the “Amendment”) is made effective as of the 12th day of August, 2015, by and among JAN XXXXXXX XXXXX, JR., INDIVIDUALLY, XXXXXXX XXXXXX XXXXXXX, INDIVIDUALLY, XXXXXX XXXXXXX XXXXX, AS TRUSTEE OF THE XXXXXX XXXXXXX XXXXX REVOCABLE LIVING TRUST DATED JANUARY 31, 1989, XXXXXX XXXXXXX XXXXXXX, III, AS TRUSTEE OF THE XXXXXX XXXXXXX XXXXXXX, III REVOCABLE LIVING TRUST DATED FEBRUARY 10, 1984, AS AMENDED, XXXXXXXX XXXXX XXXXXXX, FORMERLY KNOWN AS XXXXXXXX XXXXXXX XXXXX, AS TRUSTEE OF THE XXXXXXXX XXXXXXX XXXXX LIVING TRUST DATED SEPTEMBER 16, 1998, XXXXX XXXXXXX XXXXXXX, AS TRUSTEE OF THE XXXXX XXXXXXX XXXXXXX REVOCABLE LIVING TRUST DATED MARCH 12, 1986, AS AMENDED, XXXXXXXX XXXXXXX XXXXXXXX, AS TRUSTEE OF THE XXXXXXXX XXXXXXX XXXXXXXX REVOCABLE TRUST AGREEMENT DATED OCTOBER 24, 2002, AS AMENDED, XXXXXXXXXXX XXXXXXX XXXXXXX, AS TRUSTEE OF THE XXXXXXXXXXX XXXXXXX XXXXXXX REVOCABLE LIVING TRUST DATED NOVEMBER 28, 1989, and XXXXXXXXX XXXXXXX XXXXXX, AS TRUSTEE OF THE XXXXXXXXX XXXXXXX XXXXXX LIVING TRUST AGREEMENT DATED MARCH 31, 1987, as amended, owners of record (hereinafter collectively referred to as “SELLER”), and PGP JACKSONVILLE TC, LLC, a Delaware limited liability company, or its assigns (hereinafter referred to as “BUYER”)
WHEREAS, the Seller and Buyer entered into that certain Real Estate Purchase Agreement dated December 15, 2015, as amended by that certain First Amendment to Real Estate Purchase Agreement dated March 16, 2015, as further amended by that certain Second Amendment to Real Estate Purchase Agreement dated May 15, 2015, as further amended by that certain Third Amendment to Real Estate Purchase Agreement dated May 22, 2015 (collectively, the “Agreement”) for the sale and purchase of that certain real estate located in City of Jacksonville, Xxxxx County, Florida, as more particularly defined in the Agreement (the “Property”); and
WHEREAS, the parties have agreed to confirm their agreement with respect to the Agreement as set forth below;
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1.Timber. Notwithstanding anything in the Agreement to the contrary, including without limitation Paragraph 16(a) of the Agreement, Seller and Buyer agree that Seller has the right, prior to Closing, to cut and remove some or all timber currently located on the portion of the Property known as TC-4. There shall be no reduction in the Purchase Price.
PGP Timber Agreement
2.Conflict. All of the terms and conditions of the Agreement shall remain in effect, if a conflict exists between the Agreement and this Amendment, the terms of this Amendment shall control.
3.Counterparts. This Amendment may be executed in counterparts, each of which shall be binding upon any party executing the same and all of which together shall constitute one and the same document.
4.Defined Terms. All terms not otherwise defined herein shall have the same meaning as ascribed to them in the Agreement.
IN WITNESS WHEREOF, Seller and Buyer have each set their hands and seals hereto, or have caused this instrument to be executed by its duly authorized officer.
BUYER:
PGP JACKSONVILLE TC, LLC
a Delaware limited liability company
By: Preferred Growth Properties, LLC
a Delaware limited liability company
By: BOOKS-A-MILLION, INC.
a Delaware corporation
Its Managing Member
By: /s/ Xxxxx X. Xxxxxx
Xxxxx X. Xxxxxx
Executive Vice President,
Business Development
Executed by above-named Buyer on
the 12th day of August, 2015.
Buyer’s Address for Notices:
Xx. Xxxxx X. Xxxxxx
Books-A-Million, Inc.
000 Xxxxxxxxxx Xxxx
Xxxxxxxxxx, XX 00000
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JAX\1981641_1 PGP Timber Agreement
"Seller" | ||
/s/ Jan Xxxxxxx Xxxxx, Jr. | /s/ Xxxxxxx Xxxxxx Xxxxxxx | |
Jan Xxxxxxx Xxxxx, Jr., individually | Xxxxxxx Xxxxxx Xxxxxxx, individually | |
Date Executed: July 31, 2015 | Date Executed: August 6, 2015 | |
/s/ Xxxxxx Xxxxxxx Xxxxx | /s/ Xxxxxx Xxxxxxx Xxxxxxx, III | |
Xxxxxx Xxxxxxx Xxxxx, as Trustee of the Xxxxxx Xxxxxxx Xxxxx Revocable Living Trust Dated January 31,1989 | Xxxxxx Xxxxxxx Xxxxxxx, III, as Trustee of the Xxxxxx Xxxxxxx Xxxxxxx, III Revocable Living Trust dated February 10, 1984, as amended | |
Date Executed: July 31, 2015 | Date Executed: July 31, 2015 | |
/s/ Xxxxxxxx Xxxxx Xxxxxxx | /s/ Xxxxx Xxxxxxx Xxxxxxx | |
Xxxxxxxx Xxxxx Xxxxxxx, formerly known as Xxxxxxxx Xxxxxxx Xxxxx, as Trustee of the Xxxxxxxx Xxxxxxx Xxxxx Living Trust dated September 16, 1998 | Xxxxx Xxxxxxx Xxxxxxx, as Trustee of the Xxxxx Xxxxxxx Xxxxxxx Revocable Living Trust dated March 12, 1986, as amended | |
Date Executed: August 13, 2015 | Date Executed: July 31, 2015 | |
/s/ Xxxxxxxx Xxxxxxx Xxxxxxxx | /s/ Xxxxxxxxxxx Xxxxxxx Xxxxxxx | |
Xxxxxxxx Xxxxxxx Xxxxxxxx, as Trustee of the Xxxxxxxx Xxxxxxx Xxxxxxxx Revocable Trust Agreement dated October 24, 2002, as amended | Xxxxxxxxxxx Xxxxxxx Xxxxxxx, as Trustee of the Xxxxxxxxxxx Xxxxxxx Xxxxxxx Revocable Living Trust dated November 28, 1989, as amended | |
Date Executed: July 31, 2015 | Date Executed: July 31, 2015 | |
/s/ Xxxxxxxxx Xxxxxxx Xxxxxx | ||
Xxxxxxxxx Xxxxxxx Xxxxxx, as Trustee of the Xxxxxxxxx Xxxxxxx Xxxxxx Living Trust Agreement dated March 31, 1987 | ||
Date Executed: August 12, 2015 | ||
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JAX\1981641_1 PGP Timber Agreement