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FIRST AMENDMENT TO AGREEMENT
OF SALE
THIS FIRST
AMENDMENT TO AGREEMENT OF SALE (this “Amendment”) is
entered into this 17th day of July 2009, by and between
BLUE RIDGE REAL ESTATE COMPANY, a corporation duly organized
under the laws of the Commonwealth of Pennsylvania (the
“Seller”), and THE CONSERVATION FUND, a
Non-Profit Corporation organized and existing under the laws of the
State of Maryland (the “Purchaser”).
WHEREAS, the
Seller and Purchaser entered into that Agreement of Sale dated
March 11, 2009 (the “Phase 2 Contract”), involving
the purchase and sale of approximately 2,797 acres owned by Seller
situated in Monroe, Luzerne and Lackawanna Counties, Pennsylvania,
all as more fully set forth in the Phase 2 Contract; and
WHEREAS, Seller
and Purchaser desire to amend the Phase 2 Contract to extend the
Inspection Period and Closing of Assemblage B as set out in
Sections 4 and 5 of the Phase 2 Contract and to further modify
substantive terms thereof.
NOW THEREFORE, for
and in consideration of ONE DOLLAR ($1.00) and other good and
valuable consideration, receipt and adequacy of which are hereby
acknowledged, the parties hereto, intending to be legally bound,
agree as follows:
1.
Defined Terms . Except as expressly modified or
a
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