0001178862-04-000006 Sample Contracts

PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • February 12th, 2004 • Berkshire Income Realty Inc • Real estate • Florida

THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) dated as of November 26, 2003, between BERKSHIRE INCOME REALTY-OP, L.P., a Delaware limited partnership or its nominee (“Buyer”), with an address of c/o Berkshire Income Realty, Inc., One Beacon Street, Suite 1550, Boston, Massachusetts 02108, Attention: Declan X. McMullen, and POND APPLE CREEK ASSOCIATES LIMITED PARTNERSHIP, a Wisconsin limited partnership (“Seller”), with an address c/o E.J. Plesko & Associates, Inc., 6515 Grand Teton Plaza #210, Madison, Wisconsin 53719, Attention: E.J. Plesko.

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ASSIGNMENT AND ASSUMPTION AGREEMENT
Assignment and Assumption Agreement • February 12th, 2004 • Berkshire Income Realty Inc • Real estate

THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Agreement”) is made and entered into this 28th day of January, 2004 by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (the “Lender”), POND APPLE CREEK ASSOCIATES LIMITED PARTNERSHIP, a Wisconsin limited partnership (the “Original Borrower”), and MARINA MILE, L.L.C., a Delaware limited liability company (the “Substitute Borrower”).

ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT
Assignment and Assumption of Purchase and Sale Agreement • February 12th, 2004 • Berkshire Income Realty Inc • Real estate

Reference is made to that certain Purchase and Sale Agreement by and between Pond Apple Creek Associates Limited Partnership, a Wisconsin limited partnership (“Seller”), and Berkshire Income Realty – OP, L.P., a Delaware limited partnership, as buyer (the “Assignor”), dated as of November 26, 2003, as amended by that certain First Amendment to Purchase and Sale Contract dated as of December 29, 2003 (as amended, the “Purchase Agreement”) covering certain real property known as Pond Apple Creek Apartments, located at 2445 SW 18th Terrace, Fort Lauderdale, Broward County, Florida.

SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • February 12th, 2004 • Berkshire Income Realty Inc • Real estate

This Second Amendment to Purchase and Sale Agreement (this “Second Amendment”) is hereby entered into as of the 28th day of January, 2004, by and between MARINA MILE, L.L.C., a Delaware limited liability company (the “Buyer”), with an address of c/o Berkshire Income Realty, Inc., One Beacon Street, Suite 1550, Boston, Massachusetts 02108, Attention: Declan X. McMullen, and POND APPLE CREEK ASSOCIATES LIMITED PARTNERSHIP, a Wisconsin limited partnership (the “Seller”), with an address c/o E.J. Plesko & Associates, Inc., 6515 Grand Teton Plaza #210, Madison, Wisconsin 53719, Attention: E.J. Plesko.

FIRST AMENDMENT TO PURCHASE AND SALE CONTRACT
Purchase and Sale Agreement • February 12th, 2004 • Berkshire Income Realty Inc • Real estate

This First Amendment to Purchase and Sale Agreement (this “First Amendment”) is hereby entered into as of the 29th day of December, 2003, by and between BERKSHIRE INCOME REALTY-OP, L.P., a Delaware limited partnership or its nominee (“Buyer”), with an address of c/o Berkshire Income Realty, Inc., One Beacon Street, Suite 1550, Boston, Massachusetts 02108, Attention: Declan X. McMullen, and POND APPLE CREEK ASSOCIATES LIMITED PARTNERSHIP, a Wisconsin limited partnership (“Seller”), with an address c/o E.J. Plesko & Associates, Inc., 6515 Grand Teton Plaza #210, Madison, Wisconsin 53719, Attention: E.J. Plesko.

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