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SECOND AMENDMENT TO
SALE AGREEMENT AND
ESCROW INSTRUCTIONS
This Second Amendment to Sale
Agreement and Escrow Instructions (“ Amendment
”) is executed as of November 2, 2007 (“
Amendment Date ”), by and between 2001 W. Orange Grove
Road, LLC, an Arizona limited liability company, PVP Investments,
LLC, a Delaware limited liability company, WRM Investments, LLC, an
Arizona limited liability company, and EDI Baptist, LLC, an Arizona
limited liability company (collectively, “ Desert Life
Seller ”), WRM Investments, LLC, an Arizona limited
liability company, and SOD Investments, LLC, an Arizona limited
liability company (collectively “ La Cholla Seller
”; and together with Desert Life Seller, the “
Seller ”) and Triple Net Properties, LLC, a Virginia
limited liability company (“ Buyer
”).
RECITALS
A. Seller and Buyer have previously entered into that certain
Sale Agreement and Escrow Instructions dated as of October 19,
2007 (the “ Original Agreement ”), as amended by
that Amendment to Purchase Contract dated October 31, 2007
(the “ First Amendment ; where the Original Agreement
as amended by the First Amendment are referred to as the “
Contract ”), which is the subject of Chicago Title
Insurance Company Escrow Nos. 2709994 and 2709997 (collectively,
the “ Escrow ”).
B. Seller and Buyer wish to ratify the First Amendment and to
amend the Contract as provided in this Amendment.
C. Capitalized terms that are used in this Amendment that are
not otherwise defined in this Amendment shall have the meanings
ascribed in the Contract.
AGREEMENTS
For
valuable consideration, the receipt and sufficiency of which are
acknowledged, Seller and Buyer agree as follows.
1.
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