EXHIBIT 10.28a
FIRST AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT
THIS FIRST AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT (the
"Amendment") is made and entered into as of the 17th day of January, 2001, by
and between TROUT CREEK PROPERTIES, LLC ("Seller") and CRESCENT RESOURCES, LLC,
formerly know as Crescent Resources, Inc. ("Buyer").
RECITALS
A. Seller and Buyer entered into that certain Real Estate Purchase
Agreement (the "Agreement") dated November 29, 2000, wherein Buyer agreed to
purchase from Seller and Seller agreed to sell to Buyer certain real property
located in Pasco County, Florida, described therein (the "Premises") in
accordance with the terms and conditions of such Agreement.
B. Seller and Buyer desire to extend the Investigation Period
under the Agreement to March 30, 2001.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual
covenants contained herein, and for other good and valuable consideration,
Seller and Buyer do hereby agree as follows:
1. Investigation Period. The Investigation Period described
in Paragraph 3 of the Agreement is hereby extended to expire at 5:00 PM
local time in Tampa, Florida on March 30, 2001.
2. Ratification of Agreement. This Amendment shall control any
conflicting provisions of the Agreement, which is hereby ratified and
confirmed by Buyer and Seller.
3. Counterparts. This Amendment may be executed in two (2) or
more counterparts, each of which shall be taken to be an original.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the day and year first above written.
SELLER: BUYER:
TROUT CREEK PROPERTIES, LLC CRESCENT RESOURCES, LLC
By: /s/ Xxxxx X. Xxxxx By: /s/ Xxxxxxx Xxxxxxx
-------------------------- ------------------------------
Name: Xxxxx X. Xxxxx Name: Xxxxxxx Xxxxxxx
Title: Chairman Title: Vice President
Date: 17 Jan 2001 Date: 1-17-01
