EXHIBIT 2.5
FOURTH AMENDMENT TO REAL ESTATE
PURCHASE AND SALE AGREEMENT
This Fourth Amendment to Real Estate Purchase and Sale Agreement ("Fourth
Amendment") is made and entered into as of August 7, 1998 by and between
Glendale Center, LLC, an Indiana limited liability company ("Purchaser"), and
Indianapolis Mall Associates, an Indiana general partnership ("Seller") and
WITNESSES THAT:
WHEREAS, Seller and Purchaser have entered into that certain Real Estate
Purchase and Sale Agreement dated February 25, 1998, as amended by that certain
First Amendment to Real Estate Purchase and Sale Agreement dated June 24, 1998,
Second Amendment to Real Estate Purchase and Sale Agreement dated as of July 25,
1998 and Third Amendment to Real Estate Purchase and Sale Agreement dated as of
July 31, 1998 (collectively, the "Original Agreement") pursuant to which Seller
agreed to sell and Purchaser agreed to purchase certain Property, as defined in
the Original Agreement, pursuant and subject to the terms of the Original
Agreement; and
WHEREAS, Purchaser and Seller are each desirous of extending the "Review
Period" as defined in Section 5.5 of the Original Agreement;
NOW, THEREFORE, in consideration of the premises and respective
undertakings of the parties hereinafter set forth and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, it
is hereby agreed a follows:
1. The Review Period is hereby extended through and including October 6,
1998.
2. Except as modified herein, all of the terms and provisions of the
Original Agreement shall remain in full force and effect and shall not
be limited, revised or modified hereby. To the extent that any terms
or provisions of the Original Agreement are contrary to or contradict
the terms or provisions set forth herein, the terms and provisions set
forth herein shall govern. All terms in this Fourth Amendment with
initial capital except as specifically set forth herein shall have the
same meaning as that used in the Original Agreement.
IN WITNESS WHEREOF, Seller and Purchaser have executed this Fourth
Amendment to Real Estate Purchase and Sale Agreement as of the date first
written above.
GLENDALE CENTRE, LLC, an Indiana
limited liability company
By: /s/ Xxxxxx X. Xxxxxxx
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Printed Name: Xxxxxx X. Xxxxxxx
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Its: Treasurer
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Indianapolis Mall Associates, an Indiana
general partnership
By: First Capital Income Properties, Ltd. -
Series IX, a Florida limited partnership,
partner
By: First Capital Financial Corporation,
a Florida corporation, general
partner
By: /s/ Xxxx Xxxxxxxx
--------------------------------
Name: Xxxx Xxxxxxxx
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Title: Vice President
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By: First Capital Income Properties, Ltd. -
Series X, a Florida limited partnership,
partner
By: First Capital Financial Corporation,
a Florida corporation, general
partner
By: /s/ Xxxx Xxxxxxxx
--------------------------------
Name: Xxxx Xxxxxxxx
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Title: Vice President
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