[LETTERHEAD]
September 22, 1997
VIA FACSIMILE AND HAND DELIVERY
Xx. Xxxx Xxxxxxx
Vice President - Real Estate
OPUS NORTHWEST LLC
000 - 000xx Xxxxxx X.X.
Suite 000
Xxxxxxxx, XX 00000
Re: Bend - High Desert Village
Dear Xxxx:
As you know our respective companies have been unable to agree on the terms of
an extension amendment to the Real Estate Purchase and Sale Agreement dated June
24, 1997 between us and our 90 day Contingency Period in Section 4.5 expires
today.
We decline to satisfy or waive the contingencies in Sections 4.3 and 4.4 and the
Agreement is therefore terminated without further action.
As provided in the Agreement, the Deposit, with interest, is to be refunded to
us. We are, by copy of this letter, so notifying First American Title Insurance
Company of Oregon and ask for your cooperation in getting a speedy return of our
money.
We regret not being able to pursue this project further and wish you well in
your own endeavors.
Sincerely,
EAGLE HARDWARE & GARDEN, INC.
By: /s/ Xxxxxxx X. Xxxxxx
---------------------------
Its: President and C.E.O.
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PWG:dw
Copy to: Opus U.S. Corporation Xxxxxxx X. Xxxxxxx
Attn: Legal Department Attorney for Eagle
800 Opus Center 0000 X.X. Tolo Road
0000 Xxxx Xxxx Xxxx Xxxxxxxxxx Xxxxxx, XX 00000
Xxxxxxxxxx, XX 00000
First American Title Insurance
Xxxxxxx Brain PLLC Company of Oregon
Attn: Xxxxxxx X. Xxxxxxx, P.S. Regional Commercial Division
56th Floor, Key Tower 000 X.X. Market Street, Suite 0000
000 Xxxxx Xxxxxx Xxxxxxxx, XX 00000-0000
Xxxxxxx, XX 00000-5056 Escrow #: 97160552
RECEIVED EAGLE HARDWARE & GARDEN, INC. LETTER DATED SEPTEMBER 22, 1997
RE: BEND - HIGH DESERT VILLAGE
BY: /s/ Xxxx Xxxxxxx
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DATED: 9/22/97 TIME: 11:35 A.M.
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