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FIRST AMENDMENT TO ASSET
PURCHASE AND SALE AGREEMENT
(Pinnacle
Lodge)
THIS FIRST AMENDMENT TO ASSET PURCHASE AND SALE
AGREEMENT ( “First Amendment” ), is effective
as of February 7, 2006, (regardless of the actual date of its
execution), and is between THE FITZGERALD FAMILY LIMITED
PARTNERSHIP, a Florida limited partnership (“ Seller
”) and SILVERLEAF RESORTS, INC., a Texas corporation (
“Purchaser” ).
RECITAL
Purchaser and Seller entered into an Asset
Purchase and Sale Agreement with an Execution Date of February 3,
2006 (the “Agreement” ), relating to the
purchase and sale of the Real Property and the Personal Property of
the Pinnacle Lodge located in the Town of Fraser, Grand County,
Colorado, as more particularly described therein. Seller and
Purchaser desire to make certain amendments to the
Agreement.
AGREEMENT
1. Amendments .
(a) Definitions . Subsection 1.19 of Article I of the Agreement
is amended to read as follows:
1.19. “ Title Company ” - The
Title Company of the Rockies, Inc. (an agent of First American
Title Insurance Company), 78491 US. Highway 40, P. O. Box 415,
Winter Park, Colorado 80482.
(b) Notices . The notice information for the Title Company
in Section 10.7 of the Agreement is amended to read as
follows:
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