1
EXHIBIT 10.4
AMENDMENT TO OFFER TO PURCHASE AND CONTRACT
THIS AMENDMENT TO OFFER TO PURCHASE CONTRACT, made as of the 2nd day of
September, 1999, by and between XXXXX-XXXXXXX PUBLIC FUND LIMITED PARTNERSHIP
(hereinafter referred to as "Seller"), and FOUR XXX, L.L.C., a North Carolina
Limited Liability Company having its principal place of business at 0000 Xxxxx
Xxxxx Xxxxxxx, Xxxxx 000, Xxxxxxx-Xxxxx, Xxxxx Xxxxxxxx, 00000 (hereinafter
referred to as "Purchaser") or its assigns.
WITNESSETH
WHEREAS, Seller and Purchaser have previously entered into a Purchase Contract
dated July 19, 1999 (the "Contract");
WHEREAS, Seller and Purchaser desire to amend the terms of the Contract to grant
Purchaser additional time to inspect the Property, review the Tenant leases, and
perform its due diligence in connection with this Contract; and
WHEREAS, Seller and Purchaser agree that the following modification shall be
made to the Contract:
In Paragraph 7, Conditions to Closing, the following modification shall be made
to the second and third full sentence: "The Purchaser shall have until October
2, 1999, to inspect the Property, review the Tenant leases, and perform its due
diligence in connection with this Contract." Purchaser may terminate this
Contract, in its sole discretion, at any time prior to October 2, 1999 with a
full refund of all xxxxxxx money previously placed with escrow agent.
All other terms and conditions of this Contract shall remain unchanged.
IN WITNESS WHEREOF, Seller and Purchaser have caused this Amendment to Offer to
Purchase Contract to be executed under seal as of the day and year first above
written.
ACCEPTED BY SELLER, this 2nd day of September 1999.
SELLER:
XXXXX-XXXXXXX PUBLIC FUND
LIMITED PARTNERSHIP, a North
Carolina Limited Partnership
By: FSK Limited Partnership
General Partner
By: /s/ Xxxxxx X. Xxxxxxx, Xx. (Seal)
----------------------------
Faison X. Xxxxxxx, Xx., General Partner
Of FSK Limited Partnership
Page 1 of 2
2
By: DRY Limited Partnership
General Partner
By: /s/ Xxxxxx X. Xxxxx, Xx. (Seal)
---------------------------
Xxxxxx X. Xxxxx, Xx. General Partner
Of DRY Limited Partnership
ACCEPTED BY PURCHASER, this 2nd day of September 1999.
PURCHASER:
FOUR XXX, L.L.C.
A North Carolina Limited Liability Company
By: /s/ Xxxxx X. Xxxxxx, Xx. (SEAL)
------------------------------
Member/Manager
Page 2 of 2
