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AMENDMENT TO PURCHASE <br />AND SALE AGREEMENT <br />This Amendment to Purchase and Sale Agreement (this "Amendment ") is made this day <br />of ilq/Enr, --r .., 2013, by and between Louisville Mill Site, LLC, a Colorado <br />limited liability company ( "Purchaser ") and City of Louisville, Colorado, a Colorado municipal <br />corporation ( "Seller "). <br />WHEREAS, Purchaser and Seller entered into a Purchase and Sale Agreement dated <br />September 27, 2013 (the "Agreement "); and <br />WHEREAS, Purchaser and Seller desire to amend the Agreement to modify the Effective <br />Date for the Agreement. All capitalized terms not otherwise defined in this Amendment shall <br />have the definitions accorded to those terms in the Agreement. <br />NOW, THEREFORE, in consideration of the mutual covenants herein contained and for <br />other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the parties hereby amend the Agreement as follows: <br />1. Change of Effective Date: The Effective Date for the Agreement is hereby changed to <br />October 22, 2013. <br />2. Effect of this Amendment. As amended by the terms hereof, the Agreement is in full <br />force and effect and is hereby ratified by the parties, with both parties acknowledging that <br />no defaults exist under the Agreement by the other party. <br />3. Conflict. In the event of any conflict between the Agreement and this Amendment, the <br />terms and conditions of this Amendment shall control. <br />4. Counterparts. This Amendment may be executed in counterparts, each of which shall be <br />deemed an original and all of which together shall constitute the binding and enforceable <br />agreement of the parties hereto. <br />