First Amendment to Purchase and Sale Agreement and Joint Escrow Instructions



 Exhibit 10.10 

FIRST AMENDMENT TO 

PURCHASE AND SALE AGREEMENT 

AND JOINT ESCROW INSTRUCTIONS 

THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“First Amendment”), is entered into
this 19th day of May by CNLRS ROCKWALL, L.P., a Texas limited partnership (“Seller”), and EXCEL TRUST, L.P., a Delaware limited partnership (“Buyer”), and constitutes an amendment to that certain Purchase and Sale Agreement and
Joint Escrow Instructions, made and entered into as of May 6, 2010, by and between Seller and Buyer (“Original Agreement”). 

WHEREAS, the parties now desire to amend the Original Agreement in certain respects as set forth herein. 

NOW, THEREFORE, for and in mutual consideration and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows: 
 1. The first paragraph of Section 4.1 of the Original Agreement is
hereby deleted in its entirety and the following is substituted in lieu thereof: 
 Investigation Period. During the time
period commencing upon the Effective Date of this Agreement, and terminating at 11:59 p.m. on May 28, 2010, Buyer shall have the right to conduct and complete an investigation of all matters pertaining to the Property and Buyer’s purchase
thereof including, without limitation, the matters described in this Section 4.1. 
 2. Miscellaneous. Any
capitalized term not defined herein shall have the meaning ascribed to it in the Original Agreement. Any provisions in the Original Agreement which are in conflict with this First Amendment shall be controlled by this First Amendment. Except as
amended by the provisions of this First Amendment, the Original Agreement shall remain unchanged and in full force and effect. The Original Agreement, as amended hereby, constitutes the sole and only agreement of the parties hereto and supersedes
any prior understanding or written or oral agreements between the parties respecting the within subject matter. This First Amendment may be executed in any number of identical counterparts, each of which shall be an original, but all of which
together shall constitute one and the same instrument. The parties may rely upon faxed or e-mailed signatures. 
 [SIGNATURES ON
THE NEXT PAGE] 







 IN WITNESS, WHEREOF, the parties hereto have executed this First Amendment as of the date
set forth above. 
  

			
	 SELLER:

	
	 CNLRS ROCKWALL, L.P., a Texas limited partnership

		
	 By:
	 	CNLRS Equity Ventures Rockwall, Inc., a Maryland corporation, its Managing General Partner
		
	 By:
	 	 /s/ Paul E. Bayer

	 Title:
	 	 Executive Vice President

	 Date:
	 	May 19, 2010
		
	 By:
	 	Woodmont Rockwall II, L.P., a Texas limited partnership
		
	 By:
	 	Woodmont Rockwall II GP, L.L.C., a Texas limited liability company, its General Partner
		
	 By:
	 	 /s/ Stephen Coslik

	 Title:
	 	 Managing Member

	 Date:
	 	May 19, 2010
	
	 BUYER:

	
	 EXCEL TRUST, L.P., a Delaware limited partnership

		
	 By:
	 	Excel Trust, Inc., a Maryland corporation
		 	Its General Partner
		
	 By:
	 	 /s/ Mark T. Burton

		 	Mark T. Burton
	 Title:
	 	Senior Vice President
	 Date:
	 	May 19, 2010


  

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 ACKNOWLEDGMENT OF RECEIPT 

A fully executed copy of this First Amendment has been received by the Escrow Agent on this
24th day of May, 2010, and by its execution hereof, Escrow
Agent covenants and agrees to be bound by the terms of the Original Agreement, as amended by this Agreement. 
  

			
	FIRST AMERICAN TITLE INSURANCE COMPANY
		
	 By:
	 	 /s/ Heather Kucala

	 Name:
	 	 Heather Kucala

	 Title:
	 	 Escrow Officer




 

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