SECOND AMENDMENT
TO
PURCHASE AND SALE
AGREEMENT
This SECOND
AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “ Second
Amendment ”) is entered into as of the 5 th
day of August, 2008, by and between Brookside Properties, Inc., a
Tennessee corporation (“ Buyer ”), and TRB
Chattanooga LLC, a Tennessee limited liability company (the “
Seller ”).
R
E
C I T A
L S :
WHEREAS, Seller
and Buyer entered into a Purchase and Sale Agreement dated as of
July 17, 2008, as amended by First Amendment to Purchase and Sale
Agreement dated as of August 1, 2008 (as it may be amended from
time to time, the “ Agreement ”) with regard to
certain real property more particularly described in the Agreement;
and
WHEREAS, Seller
and Buyer desire to further amend certain terms and provisions of
the Agreement pursuant to the terms hereof.
NOW, THEREFORE,
for and in consideration of the foregoing premises and other
valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, Seller and Buyer hereby further amend the
Agreement as follows:
1. Defined Terms . Capitalized terms not otherwise defined herein
shall have the meanings set forth in the Agreement.
2. Amendment . The first sentence of Section 5(c) of
the Agreement is hereby deleted in its entirety and the
