THIRD AMENDMENT TO SINGLE FAMILY HOMES REAL ESTATE PURCHASEAND SALE AGREEMENT

EX-10.1 2 v418340_ex10-1.htm EXHIBIT 10.1

 

Exhibit 10.1

 

THIRD AMENDMENT TO

SINGLE FAMILY HOMES REAL ESTATE PURCHASE AND SALE AGREEMENT

 

THIS THIRD AMENDMENT TO SINGLE FAMILY HOMES REAL ESTATE PURCHASE AND SALE AGREEMENT (this “Third Amendment”) is made as of August 12, 2015 between RED DOOR HOUSING, LLC, a Texas limited liability company (“Seller”) and REVEN HOUSING TEXAS, LLC, a Delaware limited liability company (“Buyer”) with reference to the following recitals:

 

RECITALS

 

A. Seller and Buyer entered into that certain Single Family Homes Real Estate Purchase and Sale Agreement dated as of September 26, 2014, pursuant to which Seller agreed to sell to Buyer and Buyer agreed to purchase from Seller, 100 single family homes in the State of Texas, as amended by that certain First Amendment to Single Family Homes Real Estate Purchase and Sale Agreement dated as of January 26, 2015 and that certain Second Amendment to Single Family Homes Real Estate Purchase and Sale Agreement dated as of May 11, 2015 (as amended, the “Agreement”).

 

B. Seller and Buyer desire to amend the Agreement in accordance with the terms of this Third Amendment.

 

NOW THEREFORE, in consideration of the mutual agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Buyer and Seller hereby agree as follows:

 

AGREEMENT

 

1. Definitions. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Agreement.

 

2. Due Diligence Period. The Due Diligence Period pursuant to the Basic Terms of the Agreement is hereby deleted in its entirety and amended to read as follows:

 

Due Diligence Period: Subject to the provisions of Section 7 below, the period commencing on the Effective Date and ending on October 31, 2015.”

 

3. Due Diligence Period; Post-Closing Inspection Reports. Section 7(a) of the Agreement is hereby deleted in its entirety and amended to read as follows:

 

“(a) Buyer shall have a period commencing on the Effective Date and ending at 6:00 PM Pacific Time on October 31, 2015 (theDue Diligence Period) to examine, inspect, and investigate the Property and, in Buyer’s sole judgment and discretion, to determine whether Buyer desires to purchase the Property.”

 

 

 

 

4. Governing Law. This Third Amendment shall be governed by the laws of the State of Texas.

 

5. Full Force and Effect. Except as modified by this Third Amendment, the Agreement is unchanged, and is hereby ratified and acknowledged by Buyer and Seller to be in full force and effect.

 

6. Counterparts. This Third Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. An electronically transmitted counterpart of this Third Amendment shall constitute an original for all purposes.

 

7. Miscellaneous. This Third Amendment, together with the Agreement, sets forth the entire agreement between the parties with respect to the subject matter set forth herein and therein and may not be modified, amended or altered except by subsequent written agreement between the parties. In case of any inconsistency between the provisions of this Third Amendment and the Agreement, the provisions of this Third Amendment shall govern and control. This Third Amendment shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective successors and assigns, if any.

 

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IN WITNESS WHEREOF, the undersigned parties have caused this Third Amendment to be duly executed as of the day and year first written above.

 

  SELLER
   
  RED DOOR HOUSING, LLC,
  a Texas limited liability company
   
   
  By: /s/ Ricky Williams
  Name: Ricky Williams
  Its: President

 

 

  BUYER
   
  REVEN HOUSING TEXAS, LLC,
  a Delaware  limited liability company
   
  By: REVEN HOUSING REIT, INC.,
    a Maryland corporation,
    its sole member

 

 

  By: /s/ Chad Carpenter
    Chad Carpenter
    Chief Executive Officer