Exhibit 10.115


 


FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT


 


The Purchase and Sale agreement,
dated May 17, 2022, is hereby amended and made as of August 26, 2022 (“First Amendment”), by and between Statesville
Estates MHC, LLC, a North Carolina limited liability company; North Side MHC, LLC, a South Carolina limited liability company; and Timber
View LLC, a North Carolina limited liability company; (collectively “Seller” or “Sellers”); and MHP PURSUITS
LLC, a North Carolina limited liability company (“Purchaser”), and provides as follows:


 


RECITALS


 


A. Seller
and Purchaser have entered into that certain Purchase and Sale Agreement effective as of May 17, 2022 (the “Purchase Agreement”),
pursuant to which Seller agreed to sell to Purchaser certain real and personal property as more particularly described in the Purchase
Agreement.


 


B. The
parties hereto desire to amend the terms of the Purchase Agreement to extend the Closing Date, and to that end have entered into this
Amendment.


 


AMENDMENT


 


NOW, THEREFORE, in
consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties agree as follows:


 


1. Capitalized
Terms. Capitalized terms used herein, unless otherwise defined in this Amendment, shall have the same meanings as those
given in the Purchase Agreement.


 


2. Closing
Date. The current Closing Date of September 1, 2022 August 8, 2022 is hereby extended until September 15, 2022.


 


3.  Earnest
Money. Purchaser shall deposit an additional $20,000.00 into escrow. This additional amount of money shall be non-refundable.


 


4. Effect
of Amendment; Ratification. The parties hereby acknowledge and agree that, except as provided in this Amendment, the Purchase
Agreement has not been modified, amended, canceled, terminated, released, superseded or otherwise rendered of no force or effect. The
Purchase Agreement as hereby amended is hereby ratified and confirmed by the parties hereto and every provision, covenant, condition,
obligation, right, term and power contained in and under the Purchase Agreement, as amended herein, shall continue in full force and effect,
affected by this Amendment only to the extent of the amendments and modifications set forth above, and each shall continue to be binding
upon and inure to the benefit of the successors and assigns of each party hereto. In the event of a conflict between the terms of the
Purchase Agreement and this Amendment, this Amendment shall control.


 


5. Governing
Law; Counterparts. This Amendment shall be governed by, and construed in accordance with, the laws of the State of North Carolina,
without giving effect to any conflict or choice of law provision that would result in the imposition of another state’s law. This
Amendment may be executed in any number of counterparts, each of which shall be an original and all of which, when taken together, shall
constitute one agreement. Signatures transmitted via facsimile or electronic mail shall be deemed originals.


 


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SIGNATURE PAGE TO FOLLOW


 






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SIGNATURE PAGE TO FIRST AMENDMENT TO purchase
AND SALE AGREEMENT


 


IN WITNESS WHEREOF,
the parties have executed this First Amendment to Purchase and Sale Agreement pursuant to due authority as of the date first above written.


 


	 	PURCHASER:
	 	 
	
	 	MHP PURSUITS LLC,
	 	a North Carolina limited liability company
	 	 
	 	By: 	/s/ Adam Martin
	 	Name: 	Adam Martin
	 	Title: 	CIO
	 	 
	 	SELLER:
	 	 
	 	STATESVILLE ESTATES MHC, LLC,
	 	a North Carolina limited liability company
	 	 
	 	By:	/s/ Matt Johnson
	 	Title: 	Owner
	 	 
	 	SELLER:
	 	 
	 	NORTH SIDE MHC, LLC,
	 	a South Carolina limited liability company
	 	 
	 	By:	/s/ Matt Johnson
	 	Title: 	Owner
	 	 
	 	SELLER:
	 	 
	 	TIMBER VIEW, LLC,
	 	a North Carolina limited liability company
	 	 
	 	By:	/s/ Matt Johnson
	 	Title: 	Owner



 


 


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