Attached files
| file | filename |
|---|---|
| 8-K - FORM 8-K - Steadfast Income REIT, Inc. | g27953e8vk.htm |
| EX-10.1 - EX-10.1 - Steadfast Income REIT, Inc. | g27953exv10w1.htm |
| EX-10.4 - EX-10.4 - Steadfast Income REIT, Inc. | g27953exv10w4.htm |
| EX-10.3 - EX-10.3 - Steadfast Income REIT, Inc. | g27953exv10w3.htm |
| EX-10.5 - EX-10.5 - Steadfast Income REIT, Inc. | g27953exv10w5.htm |
EXHIBIT 10.2
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
AND JOINT ESCROW INSTRUCTIONS
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
(“Amendment”) is dated as of June 30, 2011, and entered into by and between Cooper Creek
Village, LLC, a Kentucky limited liability company (“Seller”), and Steadfast
Asset Holdings, Inc., a California corporation (“Buyer”).
RECITALS
WHEREAS, Seller and Buyer have entered into that certain Purchase and Sale Agreement with
Joint Escrow Instructions dated as of June 24, 2011 (the “Purchase Agreement”).
WHEREAS, Seller and Buyer desire to modify the Purchase Agreement as set forth in this
Amendment.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
1. Due Diligence Expiration Date. The definition of the term “Due Diligence
Period” in Section 6.4 of the Purchase Agreement is hereby amended by deleting “June 30, 2011”
and inserting “July 8, 2011” in lieu thereof.
2. Title Objection Period. Pursuant to Section 6.3.1 of the Purchase Agreement, Buyer
gave a Title Objection Notice on June 28, 2011. The definition of the term “Seller’s Cure
Period” in Section 6.3.1 of the Purchase Agreement is hereby amended by deleting “fifteen (15)
days following Seller’s receipt of the Title Objection Notice “ and inserting “July 6, 2011” in
lieu thereof.
3. Miscellaneous.
a. Definitions. Capitalized terms used in this Amendment that are not otherwise
defined herein shall have the meanings ascribed to such terms in the Purchase Agreement.
b. Partial Invalidity. If any term or provision of this Amendment or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Amendment, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby, and each such term and provision of this Amendment shall be valid and enforced to the
fullest extent permitted by law.
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c. No Waivers. No waiver of any breach of any covenant or provision herein contained
shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or
provision herein contained. No extension of time for performance of any obligation or act shall be
deemed an extension of the time for performance of any other obligation or act.
d. Binding Effect. This Amendment shall be binding upon and inure to the benefit of
the parties hereto and their respective permitted successors and assigns.
e. Entire Agreement; No Other Modification. This Amendment is the final expression
of, and contains the entire agreement among, the parties hereto with respect to the subject matter
set forth herein and may not be modified other than by an agreement in writing signed each party
hereto. Except as expressly modified by this Amendment, all terms and conditions of the Purchase
Agreement, together with any and all exhibits thereto, shall remain unmodified and are in full
force and effect and enforceable in accordance with their terms. In the event of a conflict
between the Purchase Agreement and this Amendment, the terms and provisions of this Amendment shall
control.
f. Counterparts. This Amendment may be executed in counterparts, each of which shall
constitute a separate document but all of which together shall constitute one and the same
agreement. Signature pages may be detached and reattached to physically form one document. A
signature scanned and sent by facsimile and/or e-mail shall be binding as an original signature.
<Signatures follow on next page(s)>
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first set forth
above.
SELLER:
Cooper Creek Village, LLC,
a Kentucky limited liability company
a Kentucky limited liability company
| By: | /s/ Donald J. Cook | |||
| Name: | Donald J. Cook | |||
| Its: | President | |||
BUYER:
Steadfast Asset Holdings, Inc.,
a California corporation
a California corporation
| By: | /s/ Rodney F. Emery | ||||
| Name: | Rodney F. Emery | ||||
| Its: | CEO/President | ||||
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