EX-10.1






SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND

SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS




This Second Amendment to Agreement for Purchase and Sale of Real Property and Escrow
Instructions (this “Amendment”) is made and entered into as of July 13, 2006, by and
between TREIT — Titan Plaza, L.P. a Virginia limited partnership, NNN Titan 1, LLC, NNN Titan 2,
LLC, NNN Titan 3, LLC, NNN Titan 4, LLC, NNN Titan 5, LLC, NNN Titan 6, LLC, NNN Titan 7, LLC, NNN
Titan 8, LLC, NNN Titan 9, LLC, each a Texas limited liability company (collectively,
“Seller”), and Chase Merritt Titan, LP, a Delaware limited partnership (“Buyer”).



RECITALS:




A. Seller and Chase Merritt, LP, a Delaware limited partnership entered into that certain
Agreement for Purchase and Sale of Real Property and Escrow Instructions, dated as of June 6, 2006
and amended by that certain First Amendment to Agreement, dated as of June 30, 2006 (collectively,
the “Agreement”), pertaining to certain property located in San Antonio, Texas, as more
particularly described in the Agreement (the “Property”).



B. Chase Merritt, LP assigned the Agreement to Buyer on or about June 30, 2006.




C. Seller and Buyer desire to amend the Agreement on the terms and conditions set forth
below.



AGREEMENT:




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




	 	1.	 	The Closing Date is hereby extended from July 14, 2006 to July 21, 2006.






	 	2.	 	Each party and its signatory below has full right, power and authority to execute, deliver
and perform this Amendment without obtaining any further consents or approvals from, or the
taking of any other actions with respect to, any third parties and this Amendment. Faxed and
counterpart signatures will be effective as originals and the parties need not execute this
Agreement on the same date for it to be effective.






	 	3.	 	To the extent the terms of this Amendment in any way conflict with the terms of the
Agreement, the terms of this Amendment shall control, but all other terms of the Agreement
not modified hereby shall remain the same and in full force and effect.





[Signature page follows]

1


IN WITNESS WHEREOF, Seller and Buyer have duly executed this
Amendment as of the day and year first above written.



SELLER:



TREIT — Titan Plaza, L.P.,


a Texas limited partnership



	 	 	 	 	 	 	 	 	 
	By:	 	TREIT — Titan Plaza GP, LLC,
	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	 	 	a Texas limited liability company,
	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	
 
	 	general partner
	 	

	 	

	 	

	 
	 	 	 	 	 	 	 	 
	
 
	 	By:
	 	T REIT L.P.,
	 	

	 	

	 
	 	 	 	 	 	 	 	 
	 	 	 	 	a Virginia limited partnership,
	 	 
	 
	 	 	 	 	 	 	 	 
	
 
	 	 	 	sole member
	 	

	 	

	 
	 	 	 	 	 	 	 	 
	
 
	 	 	 	By:
	 	T REIT, Inc.,

a Virginia corporation,

general partner
	 	





	 
	 	 	 	 	 	 	 	 
	
 
	 	 	 	 	 	By:
	 	/s/ Jack Maurer
	
 
	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	
 
	 	 	 	 	 	Its:
	 	Jack Maurer
	
 
	 	 	 	 	 	 	 	 






NNN Titan 1, LLC,


NNN Titan 2, LLC,


NNN Titan 4, LLC,


NNN Titan 5, LLC,


NNN Titan 6, LLC,


NNN Titan 7, LLC,


NNN Titan 8, LLC,


NNN Titan 9, LLC,


each a Taxes limited liability company



Each by: Triple Net Properties, LLC,



a Virginia limited liability company,



its Vice President



	 	 	 
	By:

	 	/s/ Louis Rogers
	
 
	 	 
	Its:

	 	Louis Rogers

President
	
 
	 	 






BUYER:



CHASE MERRITT TITAN, LP


a Delaware limited partnership



	 	 	 	 	 
	By:
	 	/s/ Chad Horning _
	 
	 	 	 	 
	Name:
	 	Chad Horning____________

	Title:
	 	 	—	 
	 
	 	 	 	 






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