Exhibit
10.145
SECOND
AMENDMENT TO PURCHASE AND SALE CONTRACT
THIS SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE AND JOINT
ESCROW INSTRUCTIONS (this “ Second
Amendment ”) is made and entered into as of the
6th day of October, 2008, by and among by the selling parties
identified on Seller Information Schedule attached as Schedule
1 to the Agreement (as that term is defined below) each having
an address at 4582 South Ulster Street Parkway, Suite 1100, Denver,
Colorado 80237 (individually a “ Seller ”
and collectively “ Sellers ”), and JRK
BIRCHMONT ADVISORS, LLC, a Delaware limited liability company and
JRK PROPERTY HOLDINGS, INC., a California corporation, each having
a principal address at 11766 Wilshire Boulevard, Suite 1450, Los
Angeles, California 90025 (collectively as “
Purchaser ”), or its permitted assignee or
assignees as provided in Section 14.4 of the Agreement.
RECITALS
A. Sellers and Purchaser
are parties to that certain Agreement for Purchase and Sale and
Joint Escrow Instructions, dated September 29, 2008 (the “
Agreement ”) pertaining to the purchase and
sale of those certain real properties located in Georgia more
particularly described on Exhibits A-1 through A-2 attached
to the Agreement (the “ Properties
”).
B. Sellers and
Purchaser intend to modify the Agreement with respect to the date
for delivery of the Management Agreements as described in Section
6.1.4 of the Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth
herein and for other good and valuable consideration, the receipt
and sufficiency of which is hereby a
