Exhibit 10.17

 

SEVENTH AMENDMENT TO
AGREEMENT OF SALE

 

THIS SEVENTH AMENDMENT TO AGREEMENT OF SALE (this "Amendment") is made as of this 14th day of March, 2024 (the "Effective Date"), by and between LONGHORN JUNCTION OWNER (TX), LP, a Delaware limited partnership ("Seller"), and EXETER PROPERTY GROUP, LLC, a Delaware limited liability company ("Purchaser").

 

RECITALS:

 

A.            Seller and Purchaser are parties to that certain Agreement of Sale dated December 21, 2023, for the purchase and sale of the property located at 110 Southeast Inner Loop, Georgetown, Texas, as amended by that certain First Amendment to Agreement of Sale dated January 16, 2024, as amended by Second Amendment to Agreement of Sale dated January 30, 2024, as amended by Third Amendment to Agreement of Sale dated February 12, 2024, as amended by Fourth Amendment to Agreement of Sale dated February 19, 2024, as amended by Fifth Amendment to Agreement of Sale dated February 26, 2024, and as amended by Sixth Amendment to Agreement of Sale dated March 4, 2024 (collectively, the "Agreement").

 

B. The parties wish to amend the Agreement as set forth herein.

 

NOW, THEREFORE, WITNESSETH:

 

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Purchaser and Seller hereby agree as follows:

 

1.            Definitions. Each defined term used but not defined herein has the meaning ascribed thereto in the Agreement.

 

2.            Section 11.10. Section 11.10 of the Agreement is hereby amended and restated in its entirety as follows:

 

"11.10 Rent Differential Credit. At Closing, Seller shall credit Purchaser an amount equal to $8,243.44 per month for the period from the Closing Date through May 31, 2024 (prorated for any partial month in that period), which represents the difference between Lease year 1 Basic Rent under the Lease and Lease year 2 Basic Rent under the Lease."

 

3.            Multiple Counterparts. This Amendment may be executed in a number of identical counterparts. If so executed, each of such counterparts shall, collectively, constitute one agreement, but in making proof of this Amendment, it shall not be necessary to produce or account for more than one such counterpart. Delivery of an executed counterpart of this Amendment by facsimile or PDF shall have the same binding effect as delivery of an executed original.

 

4.            Full Force and Effect. Except as amended by the terms hereof, the Agreement has not been amended or modified and remains in full force and effect.

 

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IN WITNESS WHEREOF, Seller and Purchaser have caused this Amendment to be executed, as of the day and year first above written.

	SELLER:
	LONGHORN JUNCTION OWNER (TX), LP,
	a Delaware limited partnership
	By: Longhorn Junction GP, LLC, its general partner
	By:	/s/ S. Jefferson Greenway
	Name:	S. Jefferson Greenway
	Its:	Authorized Signatory
	PURCHASER:
	EXETER PROPERTY GROUP, LLC, a
	Delaware limited liability company
	By:	/s/ J. Peter Lloyd
	Name:	J. Peter Lloyd
	Title:	Vice Manager