0001104659-04-004323 Sample Contracts

AGREEMENT RE STEP IN RIGHTS OF KAUPULEHU DEVELOPMENTS UNDER LOT 4A LEASE
Agreement • February 13th, 2004 • Barnwell Industries Inc • Crude petroleum & natural gas • Hawaii

THIS AGREEMENT RE STEP IN RIGHTS OF KAUPULEHU DEVELOPMENTS UNDER LOT 4A LEASE (the “Agreement”) is made and effective this 13th day of February, 2004, by and among CHARLES NAINOA THOMPSON, DIANE JOYCE PLOTTS, ROBERT KALANI UICHI KIHUNE, JAMES DOUGLAS KEAUHOU ING and CONSTANCE HEE LAU, as TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP, a charitable educational trust, whose principal place of business and post office address is Kawaiahao Plaza, 567 South King Street, Suite 200, Honolulu, Hawaii 96813 (“KS”), WB KD ACQUISITION, LLC, a Delaware limited liability company, whose business and post office address is 13155 Noel Road/LB 54, Suite 2400, Dallas, Texas 75240 (“Developer”), FARALLON ENCLAVE, LLC, a Delaware limited liability company (“Developer’s Mortgagee”), and KAUPULEHU DEVELOPMENTS, a Hawaii general partnership, whose business and post office address is 1100 Alakea Street, Suite 2900, Honolulu, Hawaii 96813 (“KD”). KS, Developer and KD are referred to individually or collective

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PURCHASE AND SALE AGREEMENT By and Between KAUPULEHU DEVELOPMENTS, a Hawaii general partnership, as Seller and WB KD ACQUISITION, LLC, a Delaware limited liability company, as Developer February 13, 2004
Purchase and Sale Agreement • February 13th, 2004 • Barnwell Industries Inc • Crude petroleum & natural gas • Hawaii

THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made and entered into this 13th day of February, 2004, by and between KAUPULEHU DEVELOPMENTS, a Hawaii general partnership (“Seller”), and WB KD ACQUISITION, LLC, a Delaware limited liability company (herein referred to as the “Developer”).

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