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<br />WHEREAS, the parties heretofore entered into a Fourth Amendment to Purchase and <br />Sale Agreement (the "Fottrth Amendment") effective the 9th day of June, 2006, which, among <br />other things, extended the Due Diligence Date and the Final Closing Date; and <br /> <br />WHEREAS, the pllrties now desire that the Agreement be further amended as provided <br />for in paragraph 20(1) thereof, as more particularly reflected hereinafter. <br /> <br />NOW, THEREFORE, the parties hereto agree as follows that: <br /> <br />1. Paragraph 4, entitled "Closing", shall be amended so as to define the Final <br />Closing Date as being on or before the date five hundred forty (540) days after the Effective <br />Date. <br /> <br />2. Paragraph 5(c) shall be amended so as to define the Due Diligence Date as being <br />that date which is five hundred ten (510) days from the Effective Date. <br /> <br />3. Except as herein amended, all of the terms, covenants, and conditions of the <br />Agreement shall remain in full force and effect. <br /> <br />4. This Fifth Amendment may be executed in several counterparts, each of which <br />shall be deemed an original, and all of such counterparts together shall constitute one and the <br />same instrument. <br /> <br />IN WITNESS WHEREOF, the Seller and Purchaser have executed this Fifth <br />Amendment effective as of the day and year first hereinbefore written. <br /> <br />SELLER: <br /> <br />CABARRUSCOUNTY <br /> <br />By: <br /> <br />John D. Day, County Manager <br /> <br />Date: <br /> <br />Witness: <br /> <br />PURCHASER: <br /> <br /> <br />Date: C\-.i~,()-OlP <br />Witness: C J1 ,,--pi.d',.. (f lum.l!...... <br /> <br />Page 2 of 2 <br /> <br />b-lo <br />