SECOND AMENDMENT TO COMMERCIAL CONTRACT - IMPROVED PROPERTY

Exhibit 10(d)

 

SECOND AMENDMENT TO COMMERCIAL CONTRACT - IMPROVED PROPERTY

 

This SECOND AMENDMENT TO COMMERCIAL CONTRACT - IMPROVED PROPERTY (this “Amendment”) is made as of July 8, 2003 by and between Colinas Crossing, L.P. (“Seller”) and Haggar Clothing Co. (“Buyer”).

 

R E C I T A L S:

 

A.                                   Seller and Buyer entered into that certain Commercial Contract - Improved Property dated May 9, 2003, as amended by that certain First Amendment to Commercial Contract - Improved Property dated June 3, 2003 (as amended, the “Contract”), pertaining to certain property commonly referred to as Two Colinas Crossing (the “Property”).

 

B.                                     Seller and Buyer have agreed to modify certain provisions of the Contract.

 

NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:

 

1.                                       Capitalized terms not otherwise defined herein shall have the meaning assigned such terms in the Contract.

 

2.                                       The Inspection Period under the Contract is hereby extended for all purposes through and until 7:00 p.m., CST, Wednesday, July 9, 2003.  Without limiting the foregoing, Seller and Buyer agree that Buyer shall have the right to terminate the Contract for any reason prior to the expiration of the Inspection Period, as extended hereby.  If Buyer does not terminate the Contract prior to the expiration of the Inspection Period, as extended hereby, Buyer shall deposit the additional ▇▇▇▇▇▇▇ money required by Paragraph 5.A of the Contract with the title company on July 9, 2003.

 

3.                                       Except as expressly amended hereby, the Contract remains unmodified and in full force and effect.

 

4.                                       This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document.  All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart.

 

	COLINAS CROSSING, LP
	By:	▇▇▇▇▇▇ ▇. Means Interests, Inc., general partner
		By:	/s/ ▇▇▇▇▇▇ ▇. Means
			▇▇▇▇▇▇ ▇. Means, President

 

1

 

	HAGGAR CLOTHING CO.
	By:	/s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇
		Name:	▇▇▇▇▇ ▇▇▇▇▇▇▇
		Title:	President and Chief Operating Officer