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Exhibit
10.58.1
FIRST AMENDMENT TO
AGREEMENT OF SETTLEMENT AND RELEASE
In or about September, 2007,
AH INVESTORS, LLC., a California limited liability corporation
(“AH Investors”); PASSCO SAVE, LLC, a Delaware limited
liability company (“Passco”) 1 ; UNIFIED
WESTERN GROCERS, INC., a California corporation
(“Unified”); and LOMO, INC., a California corporation
(“Lomo”) (collectively, the “Parties”)
executed an Agreement of Settlement and Release
(“Agreement”) the subject of which was the real
property located in Sacramento at 4201-4215 Norwood Avenue,
Sacramento, California 95838 (the “Shopping Center”),
and various legal actions relating thereto.
Paragraph 3.4 of the
Agreement provides, in part:
In the event the Closing Date
does not occur by December 28, 2007, this Agreement and the
releases and covenants contained herein shall be null and void and
of no force and effect, and neither AH Investors, Unified, nor
Passco shall have any obligation to dismiss the Lawsuit.
Passco and Lomo have recently
advised the Parties that the Closing Date has been extended from
December 28, 2007 to on or before January 10, 2008. As a
consequence, the Parties have agreed to amend Paragraphs 3.3 and
3.4 of the Agreement to permit the Agreement to be consummated
notwithstanding this later Closing Date
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“Passco” as defined in this Agreement of Settlement
and Release includes the following persons or entities: Passco
Save, LLC, a Delaware limited liability company, Passco Rite, LLC,
a Delaware limited liability company, Jesse Street, LLC, a Delaware
limited liability company, CC Properties, L.P., Douglas Pilcher, a
single man, Judy A. Spurlock, a married woman as her |
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