0001125282-05-000490 Sample Contracts

FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT Colonie Center, Albany, New York
Purchase and Sale Agreement • February 7th, 2005 • Feldman Mall Properties, Inc. • Real estate investment trusts

THIS AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Amendment”) is made as of the 13th day of December, 2004 by and between BRE/Colonie Center L.L.C., a Delaware limited liability company (“Seller”), and Feldman Equities Operating Partnership, LP, a Delaware limited partnership (“Purchaser”), and amends that certain Purchase and Sale Agreement (“Purchase Agreement”) dated September 29, 2004 regarding Colonie Center shopping center in Albany, New York, as follows:

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SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT Colonie Center, Albany, New York
Purchase and Sale Agreement • February 7th, 2005 • Feldman Mall Properties, Inc. • Real estate investment trusts

THIS SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Second Amendment”) is made as of the 28th day of January, 2005, by and between BRE/Colonie Center L.L.C., a Delaware limited liability company (“Seller”) and FMP Colonie Center LLC, a Delaware limited liability company (“Purchaser”), successor-in-interest to Feldman Equities Operating Partnership, LP, a Delaware limited partnership (“Feldman Equities”), which joins in for the limited purposes set forth in Section 10 of this Second Amendment, and amends that certain Purchase and Sale Agreement dated September 29, 2004 (“Original Agreement”), as amended by First Amendment to Purchase and Sale Agreement dated December 13, 2004 (“First Amendment,” the Original Agreement, as amended by the First Amendment, is hereinafter referred to as the “Purchase Agreement”), regarding Colonie Center shopping center in Albany, New York, as follows:

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