SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS
Exhibit 10.3
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 (“Second Amendment”) between GREIT-XXXXXX SQUARE, LP, a California limited partnership, (“Seller”), G REIT LIQUIDATING TRUST, a Maryland trust (“Seller Guarantor”), and CHEQUERS XXXXXX SQUARE, LLC, a California limited liability company (“Buyer”) (seller, Seller Guarantor and Buyer sometimes hereafter referred to individually as “Party” and collectively as “Parties”), is made and entered into as the latest date set forth below.
WHEREAS, the Parties hereto have entered into a certain Agreement for Purchase and Sale of Real Property and Escrow Instructions, dated October 3, 2012 (“Original Agreement”); and
WHEREAS, the Parties entered into the Assignment of Agreement for Purchase and Sale of Real Property and Escrow Instructions dated November 1, 2012; and
WHEREAS, the Parties entered into the First Amendment to Agreement for Purchase and Sale of Real Property and Escrow Instructions (“First Amendment”) dated November 19, 2012; and
WHEREAS, this Second Amendment is permitted pursuant to Section 17 of the Original Agreement, provided it is agreed and executed by all Parties.
NOW THEREFORE, in consideration of the mutual promises and covenants contained hereinafter, the Parties hereto, agree as follows:
1. The Closing as set forth in Section 2 of the First Amendment shall be extended from the original date of December 21, 2012, until and including December 31, 2012.
2. The new Closing Date as set forth in Section 7.2 of the Original Agreement shall now be Monday, December 31, 2012.
3. All the remaining terms and conditions of the Original Agreement are hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the day and year set forth below.
| SELLER: |
GREIT-XXXXXX SQUARE, LP, | |||||
| a California limited partnership | ||||||
| By: | /s/ Xxxx X. Xxxxxx | |||||
| Name: | Xxxx X. Xxxxxx | |||||
| Title: | Manager | |||||
EXECUTED on this the 21 day of December 2012.
| SELLER GUARANTOR: |
a Maryland trust | |||||
| By: | /s/ Xxxx Xxxxxxxx | |||||
| Name: | Xxxx Xxxxxxxx | |||||
| Its: | Trustee | |||||
EXECUTED on this the 21 day of December 2012.
| BUYER: |
Chequers-Xxxxxx Square, LLC, a California limited liability company | |||||
| By: | /s/ Xxxx X. Xxxxxx | |||||
| Name: Xxxx X. Xxxxxx | ||||||
| Title: Manager | ||||||
EXECUTED on this the 21 day of December 2012.
[Signature Page to Second Amendment to Agreement for Purchase and Sale of Real Property and Escrow Instructions]
