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5A4 Sixth Amendment to Purchase Agreement (Diamond View Real America) - Signed
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5A4 Sixth Amendment to Purchase Agreement (Diamond View Real America) - Signed
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11/27/2024 2:14:49 PM
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SIXTH AMENDMENT TO <br />REAL ESTATE PURCHASE AGREEMENT <br />This SIXTH AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT (this <br />“Sixth Amendment”) is made and entered into to be effective as of November 25, 2024, <br />by and between South Bend Redevelopment Commission (“Seller”), as Seller, and <br />RealAmerica Development, LLC, an Indiana limited liability company (“Buyer”), as Buyer. <br />RECITALS <br />A.Seller and Buyer entered into that certain Real Estate Purchase Agreement, <br />dated effective as of July 22, 2021, as amended by the First Amendment to Real Estate <br />Purchase Agreement, dated effective as of May 26, 2022, as further amended by the <br />Second Amendment to the Real Estate Purchase Agreement, dated effective as of <br />November 21, 2022, as further amended by the Third Amendment to the Real Estate <br />Purchase Agreement, dated effective as of May 25, 2023, as further amended by the <br />Fourth Amendment to the Real Estate Purchase Agreement, dated effective as of <br />December 14th 2023, and as further amended by the Fifth Amendment to the Real Estate <br />Purchase Agreement, dated effective as of February 8, 2024 (collectively, the <br />“Agreement”) for the purchase and sale of certain real property located in the in St. <br />Joseph County, City of South Bend, State of Indiana as more particularly described in <br />Exhibit A of the Agreement (the “Property”). All capitalized terms used but not otherwise <br />defined herein shall have the meanings ascribed to such terms in the Agreement. <br />B.Seller and Buyer now desire to amend the Agreement in order to provide <br />for an extension of the date of the Second Closing for the Market Rate Units Parcel, all <br />as set forth hereunder. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of these premises, and the mutual <br />covenants and promises contained herein and other good and valuable consideration, <br />the receipt and sufficiency of which are hereby acknowledged, Buyer and Seller hereby <br />agree as follows: <br />1.Recitals. The recitals set forth above, including each and every recital <br />contained therein, are incorporated into and made a part of this Sixth <br />Amendment as though fully set forth herein. <br />2.Amendments. The Agreement is hereby amended as follows: <br />a)The third sentence of Section 7(a) shall be amended to replace <br />references to “December 31, 2024” with “March 31, 2025” and will now <br />read as follows: <br />The second closing date will pertain to Lot 1 of the Diamond View Minor <br />Subdivision (the “Market Rate Units Parcel”) and shall occur on March 31,
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