THIRD AMENDMENT TO LEASE AGREEMENT
Exhibit
10.27.9
THIRD
AMENDMENT TO LEASE
AGREEMENT
THIS
THIRD 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") and a Second Amendment To Lease Agreement effective August
15, 2006 (the "Second 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 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 had the right to terminate the
First
Amendment if Landlord had not obtained HUD and Mortgagee approval and the
Loan
Closing has not occurred by the Outside Date of February 15, 2007.
D. The
parties entered into the Second Amendment to extend the date that the Tenant
would have the right to terminate the First Amendment, based on the HUD and
Mortgagee approval not having been obtained and the Loan Closing not having
occurred, to an Outside Date of April 30, 2007.
E. The
HUD and Mortgagee approvals were issued May 3, 2007, and the parties
now
wish
to
confirm the Tenant's agreement to lease the Addition in accordance with 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 July 31, 2007.
2. Counterparts.
This
Third 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.
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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/s/
Xxxxxxx X. Xxxxxx
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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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