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I <br /> 7. Section 5.2 of the Purchase Agreement is hereby amended by adding the <br /> following new paragraph 8 thereto as follows: <br /> i "8. If the Property must be platted or subdivided pursuant to Section 6, a plat <br /> or subdivision map acceptable to Buyer, in Buyer's reasonable discretion, (i) has <br /> been recorded, or (ii) has received all necessary approvals, all time periods for <br /> appeal of such approvals shall have expired without contest, is in final recordable <br /> i form and has been delivered to the Title Company for recording at Closing. The <br /> plat or subdivision map shall not be acceptable to Buyer if it (or any municipal <br /> ordinance enacted in conjunction with the approval of it) contains any conditions <br /> to, or reservation of, approvals necessary for the issuance of building permits or a <br /> certificate of occupancy, other than compliance with applicable building codes." <br />� 8. Except as expressly modified hereby, all of the terms, covenants and conditions of <br /> the Purchase Agreement are hereby ratified and confirmed in all respects and the Purchase <br /> Agreement remains in full force and effect. <br /> 9. This Amendment may be executed in any number of counterparts, each of which <br /> shall be deemed an original but all of which taken together shall constitute one and the same <br /> instrument. A facsimile signature shall be effective as an original. <br /> (balance of page left blank intentionally) <br /> 2 <br /> #689835 v3-first amendment to <br /> purchase agreement <br /> 9/19/2003 <br />