6.B.(1) First Amendment to Contract for Sale of Land

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FIRST AMENDMENT TO CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT AND DEVELOPMENTAGREEMENT This FirstAmendmenttc Contract for Sale of Land for Private Developmentand Development Agreement (the "Amendment"), executed this _ day of September, 2008, by and between Jeffcourt, Inc. (the "Developer"), and the South Bend Redevelopment Commission (the "Commission"), Witnesses: Recitals WHEREAS, Developer and Commission have entered into that certain Contract for Sale of Land for Private Development dated June 6, 2008 (the "Sale Contract"); WHEREAS, Developer and Commission have entered into that certain Development Agreement dated June 6, 2008 (the "Development Agreement"); and WHEREAS, Developer and Commission seek to amend the Sale Contract and the Development Agreement; Agreement NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged hereby, Developer and Commission agree as follows: 1. Due Diligence Period. The Due Diligence Period shall be extended for a period of 60 days. Accordingly, the introductory paragraph of Subsection XIIIB of the Sale Contract hereby is amended to read as follows: "B. Conditions of Performance. The obligations of the DeveloperunderthisContractare subject to the satisfaction of the following conditions within: (i) 150 days after the date hereof (the "Due Diligence Period"); or (ii) such other period as is set forth in this subsection; unless waived in writing by the Developer." The parties agree that the Due Diligence Period shall expire on November 4, 2008. 2. Closing Date. Pursuant to Subsection IIB of the Sale Contract, the closing with respect to the conveyance of the Property (the "Closing") is to occur on or before October 15, 2008. As a result of the extension of the Due Diligence Period pursuant to Section 1 of this Amendment, Subsection IIB of the Sale Contract, entitled "Time and Place of Closing on Sale of the Property", hereby is amended to extend the outside date for the Closing to December 15, 2008. 3. Lease Back Option. Notwithstanding anything to the contrary set forth in the Sale Contract or the DevelopmentAgreement, Developermayelectto lease the Propertybackto Commission foruseas a parking lot for the period (the "Lease Period"): (a) commencing on the date of the Closing; and (b)ending on the first to occur of: (i) the Outside Commencement Date (which is March 15, 2009); or (ii) such earlier date on which Developerintendsto commence excavation, which date shall be: (A) identified by Developer in a written notice delivered to Commission; and (B) at least 30 days after the date on which such notice is delivered to Commission. If Developer elects to lease the Property back to Commission forthe Lease Period, then, during the Lease Period, Commission shall be responsible for all expenses, obligations, and liabilities in connection with the operation of the Property (including, without limitation, routine maintenance and repairs, utility charges, and the maintenance of customary insurance coverages); provided that, notwithstanding the foregoing Developer shall pay prior to delinquency all real estate taxes with respect to the Property that are due and payable during the Lease Period.