Third Amendment to Purchase and Sale Contract between Concap Village Green Associates, Ltd. and PMF Enterprises CF, Inc.
This amendment updates the original Purchase and Sale Contract between Concap Village Green Associates, Ltd. (Seller) and PMF Enterprises CF, Inc. (Purchaser) for the sale of Village Green Apartments in Seminole County, Florida. It extends the loan assumption approval period to June 24, 2009, and sets the new closing date as July 15, 2009. All other terms of the original agreement remain in effect. The amendment is binding upon signature by both parties.
Exhibit 10.60
THIRD AMENDMENT TO PURCHASE AND SALE CONTRACT
This Third Amendment to Purchase and Sale Contract (this Amendment) is made as of June 10, 2009, between CONCAP VILLAGE GREEN ASSOCIATES, LTD. (Seller) and PMF ENTERPRISES CF INC. (Purchaser).
W I T N E S S E T H:
WHEREAS, Seller and Purchaser entered into a Purchase and Sale Contract dated as of March 20, 2009 (as amended by (i) that certain First Amendment to Purchase and Sale Contract, dated April 29, 2009, and (ii) that certain Second Amendment to Purchase and Sale Contract, dated May 27, 2009, collectively, the Agreement) with respect to the sale of certain property known as Village Green Apartments and located in Seminole County, Florida, as described in the Agreement; and
WHEREAS, Seller and Purchaser desire to amend the Agreement on the terms set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the sum of $10.00 and other good and valuable consideration, the mutual receipt and legal sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. Capitalized Terms. Capitalized terms used in this Amendment shall have the meanings given to them in the Agreement, except as expressly otherwise defined herein.
2. Loan Assumption Approval Period. The Loan Assumption Approval Period, set forth in Section 4.5.9 of the Agreement, is hereby extended to June 24, 2009.
3. Closing Date. The first sentence of Section 5.1 of the Agreement shall be deleted and replaced as follows: The Closing shall occur on July 15, 2009 (as the same may be extended as hereinafter provided, the "Closing Date").
4. Miscellaneous. This Amendment (a) supersedes all prior oral or written communications and agreement between or among the parties with respect to the subject matter hereof, and (b) may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument and may be delivered by facsimile transmission, and any such facsimile transmitted Amendment shall have the same force and effect, and be as binding, as if original signatures had been delivered. As modified hereby, all the terms of the Agreement are hereby ratified and confirmed and shall continue in full force and effect.
[Signature Page to Follow]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year hereinabove written.
Seller:
CONCAP VILLAGE GREEN ASSOCIATES, LTD., a Texas limited partnership
By: CCP/III VILLAGE GREEN GP, INC., a South Carolina corporation, its general partner
By: /s/Brian J. Bornhorst
Name: Brian J. Bornhorst
Title: Vice President
Purchaser:
PMF ENTERPRISES CF, INC.,
a Florida corporation
By: /s/Jerry Weston
Name: Jerry Weston
Title: President