EXHIBIT 10.3
SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND
ESCROW INSTRUCTIONS
THIS SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
AND ESCROW INSTRUCTIONS (this "Amendment") is dated as of this 1st day of March
2007 (the "Amendment Date"), by and between NNN VF INTERWOOD, LP, a Texas
limited partnership ("Seller"); and TRIPLE NET PROPERTIES, LLC, a Virginia
limited liability company ("Buyer").
Recitals
A. Seller is the owner of that certain real property located in Xxxxxx
County, Texas (the "Property"), and more particularly described in that certain
Agreement for Purchase and Sale of Real Property and Escrow Instructions between
Seller and Buyer with an Effective Date of January 10, 2007 (the "Agreement").
B. The Agreement was amended by that certain First Amendment to Agreement
for Purchase and Sale of Real Property and Escrow Instructions, dated as of
January 12, 2007 (the "First Amendment"). The Agreement and the First Amendment
may be collectively referred to herein as the "Agreement." Any and all
capitalized terms used herein but not defined shall have the meanings set forth
in the Agreement.
B. Seller agreed to sell, and Buyer agreed to purchase, the Property in
accordance with the terms and conditions set forth in the Agreement.
C. Seller and Buyer desire to amend the Agreement as set forth herein.
Agreement
NOW, THEREFORE, in consideration Ten and No/100 Dollars ($10.00) cash in
hand, the agreements contained herein and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereby
agree as follows:
1. Closing Extension. The Seller and Buyer agree that Closing shall be
extended until Friday, March 30, 2007.
2. Counterparts; Electronic Transmission of Signatures. This Amendment may
be executed in counterparts, each of which shall be deemed to be an original,
but all of which shall constitute one and the same instrument. The submission of
a signature page transmitted by facsimile (or similar electronic transmission
facility) shall be considered as an "original" signature page for purposes of
this Amendment.
3. Ratification. Except as provided herein, the parties hereto acknowledge
and agree that the Agreement is unmodified and remains in full force and effect
and the parties hereby ratify and affirm the same.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the day and year above written.
SELLER: NNN VF INTERWOOD, LP,
a Texas limited partnership
By: NNN VF Interwood GP, LLC,
a Texas limited liability company,
its General Partner
By: Triple Net Properties, LLC
a Virginia limited liability
company,
its Manager
By: /s/ Xxxxxxx Xxxxxx
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Name: Xxxxxxx Xxxxxx
Title: Executive Vice President
BUYER: TRIPLE NET PROPERTIES, LLC
a Virginia limited liability company
By: /s/ Xxxx Xxxxxx
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Name: Xxxx Xxxxxx
Title: Managing Director - Real Estate
