CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. REDACTED INFORMATION IS INDICATED BY [****].
CONTRACT FOR SALE AND PURCHASE
This SECOND AMENDMENT FOR SALE AND PURCHASE (this “Second Amendment”) dated effective September 10, 2021, is made by and between CRISP39 – 3 LLC, a Florida limited liability company, CRISP39 – 4 LLC, a Florida limited liability company, CRISP39 – 6 LLC, a Florida limited liability company, CRISP39 – 7 LLC, a Florida limited liability company, and CRISP39 – 8 LLC, a Florida limited liability company (collectively, “Seller”), and TIMBERLINE ACQUISITION PARTNERS, LLC, a Texas limited liability company (“Buyer”).
A.Pursuant to that certain Contract for Sale and Purchase, dated effective as of June 23, 2021, between Buyer and Seller, and amended by First Amendment to Contract for Sale and Purchase dated July 30, 2021, between Buyer and Seller (as amended, the “Purchase Agreement”), Buyer agreed to purchase and Seller agreed to sell the Portfolio (as defined in the Purchase Agreement); and
B.Seller and Buyer now desire to amend the Purchase Agreement to include as if originally therein set forth, the terms and conditions set forth in this Second Amendment;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Buyer do hereby agree that the Purchase Agreement is hereby amended as follows:
1.Capitalized Terms. Capitalized terms used but not defined in this Second Amendment shall have their respective meanings as set forth in the Purchase Agreement.
2.Inspection Period. Buyer and Seller hereby agree that the defined term “Inspection Period” set forth in Section 4 of the Purchase Agreement shall be revised to be the period commencing on the Effective Date and expiring on [****].
3.Closing Date. Buyer and Seller hereby agree that the first sentence of Section 9 of the Purchase Agreement shall be deleted and replaced with the following:
This Contract shall be closed and the closing documents delivered on [****] (the “Closing”), unless modified by other provisions of this Contract; provided, however, Buyer may, in Buyer’s sole discretion, extend the Closing for a period of up to [****] days upon providing Seller prior written notice of Buyer’s