ex10_279.htm


    
      

    

    
      Exhibit
        10.27.9

       

      THIRD
        AMENDMENT TO LEASE
        AGREEMENT

       

      THIS
        THIRD AMENDMENT TO LEASE AGREEMENT (this "Amendment") is made
        by and between LAPORTE RETIREMENT L.L.C., an Indiana limited liability company
        ("Landlord"),
        and SUMMERVILLE 2 LLC, a Delaware limited liability company ("Tenant"),
        as an amendment to
        that
        certain Lease Agreement effective April 1, 2005 (the "Lease"), as previously
        amended by a First Amendment To Lease Agreement effective August 15, 2006
        (the
        "First Amendment") and a Second Amendment To Lease Agreement effective August
        15, 2006 (the "Second Amendment"). Capitalized terms not otherwise defined
        have
        the meaning stated in the First Amendment.

       

      Background:

       

      A.            Landlord
        has leased to Tenant, pursuant to the Lease, the Premises at at 2002 Andrew
        Avenue, LaPorte, Indiana 46350.

       

      B.            By
        the First Amendment, Landlord has agreed to construct, and Tenant has agreed
        to
        lease, the Addition to the Premises.

       

      C.            Per
        Section 2(c) of the First Amendment, Tenant had the right to terminate the
        First
        Amendment if Landlord had not obtained HUD and Mortgagee approval and the
        Loan
        Closing has not occurred by the Outside Date of February 15, 2007.

       

      D.            The
        parties entered into the Second Amendment to extend the date that the Tenant
        would have the right to terminate the First Amendment, based on the HUD and
        Mortgagee approval not having been obtained and the Loan Closing not having
        occurred, to an Outside Date of April 30, 2007.

       

      E.            The
        HUD and Mortgagee approvals were issued May 3, 2007, and the parties
        now

       

      wish
        to
        confirm the Tenant's agreement to lease the Addition in accordance with the
        First Amendment.

       

      NOW,
        THEREFORE, in consideration of the mutual promises herein, and for good and
        valuable consideration, the receipt and sufficiency of which is hereby
        acknowledged, Landlord and Tenant, intending to be legally bound, hereby
        agree
as
follows:

       

      1.            Modification
        Of Outside
        Date. Section 2(c) of the First Amendment is hereby modified to provide
        that the Outside Date shall be July 31, 2007.

       

      2.            Counterparts.
This
        Third Amendment may be executed by the parties hereto in separate counterparts,
        all of which, when delivered, shall together constitute one and the same
        instrument, and a facsimile copy shall be deemed to be as sufficient as an
        original for all purposes.

       

      [signatures
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      IN
        WITNESS WHEREOF, the parties have executed this Amendment as of the day and
        year
        first above written.

       

      
        	 	
                LANDLORD:

              
	 	 	 
	 	
                LAPORTE
                  RETIREMENT L.L.C.,

              
	 	
                an
                  Indiana limited liability company

              
	 	 	 
	 	
                By: 

              	
                /s/
                  Charles M. Loeser

              
	 	 	
                Name:
                  Charles M. Loeser

              
	 	 	
                Title:
                  Secretary

              


      

       

       

      
        	 	
                TENANT:

              
	 	 	 
	 	
                SUMMERVILLE
                  2 LLC,

              
	 	
                a
                  Delaware limited liability company

              
	 	 	 
	 	
                By: 

              	
                /s/
                  Granger Cobb

              
	 	 	
                Name:
                  Granger Cobb

              
	 	 	
                Title:
                  President