Contract
Exhibit
10.27.8
SECOND
AMENDMENT TO LEASE
AGREEMENT
THIS
SECOND AMENDMENT TO LEASE AGREEMENT (this "Amendment") is made
by and between LAPORTE RETIREMENT L.L.C., an Indiana limited liability company
("Landlord"),
and SUMMERVILLE 2 LLC, a Delaware limited liability company ("Tenant"),
as an
amendment
to that certain
Lease Agreement effective April 1, 2005 (the "Lease"), as
previously amended by a First Amendment To Lease Agreement effective August
15,
2006 (the "First Amendment"). Capitalized terms not otherwise defined have
the
meaning stated in the First Amendment.
Background:
A. Landlord
has leased to Tenant, pursuant to the Lease, the Premises at 0000 Xxxxxx
Xxxxxx,
XxXxxxx, Xxxxxxx 00000.
B. By
the First Amendment, Landlord has agreed
to
construct, and Tenant has agreed to lease, the Addition to the
Premises.
C. Per
Section 2(c) of the First Amendment, Tenant has the right to terminate the
First
Amendment if Landlord has not obtained HUD and Mortgagee approval and the
Loan
Closing has not occurred by the Outside Date of February 15, 2007.
D. The
parties recognize that the Loan Closing will not occur on or before the
currently specified Outside Date, but do not wish to terminate the First
Amendment.
NOW,
THEREFORE, in consideration of the mutual promises herein, and for good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Landlord and Tenant, intending to be legally bound, hereby
agree
as follows:
1. Modification
Of Outside
Date. Section 2(c) of the First Amendment is hereby modified to provide
that the Outside Date shall be April 30, 2007.
2. Counterparts.
This
Second Amendment may be executed by the parties hereto in separate counterparts,
all of which, when delivered, shall together constitute one and the same
instrument, and a facsimile copy shall be deemed to be as sufficient as an
original for all purposes.
[signatures
appear on next page}
IN
WITNESS WHEREOF, the parties have executed this Amendment as of the day and
year
first above written.
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LANDLORD:
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LAPORTE
RETIREMENT L.L.C.,
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an
Indiana limited liability company
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By:
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Name:
Xxxxxxx X. Xxxxxx
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Title:
Secretary
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TENANT:
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SUMMERVILLE
2 LLC,
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a
Delaware limited liability company
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By:
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/s/ Xxxxxxx Xxxx | |
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Name:
Xxxxxxx Xxxx
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Title:
President
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