EX-10.99



 Exhibit 10.99 
 FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT 
 This First
Amendment to Purchase and Sale Agreement (“Amendment”) is made as of the 14th day of June, 2013 by and between SPUSV5 PRESTON COMMONS, LP a Delaware limited partnership (“Seller”), and KBSIII PRESTON
COMMONS, LLC, a Delaware limited liability company (“Purchaser”) . 

R E C I T A L S: 

A.        Seller and Purchaser entered into that certain Purchase and Sale
Agreement, dated as of May 21, 2013, with regard to the purchase and sale of certain real property located at 8111-8117, Preston Road, Dallas, Texas, as more particularly described therein (“Agreement”); and 

B.        Seller and Purchaser desire to amend the Agreement in accordance with
the terms of this Amendment. 
 A G R E E M E N T: 

NOW THEREFORE, in consideration of $10 in hand to each party, the mutual representations, warranties and covenants set
forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: 

1.        DEFINITIONS. Any term that is used herein but not otherwise defined in
this Amendment shall have the meaning ascribed to such term in the Agreement. 

2.        AMENDMENTS. 

            (a)
        Capital Contracts and Future Tenant Improvement Contracts. Section 11(e) of the Agreement is hereby amended by inserting the phrase “and all the contracts and leases Purchaser is
assuming at Closing pursuant to Sections 10(d)(iii) and (iv) of the Agreement” immediately after the phrase “at Closing”. 
             (b)         Representations and Warranties. Section 6(f) of the Agreement is
hereby amended by inserting the phrase “all the contracts and leases Purchaser is assuming at Closing pursuant to Sections 10(d)(iii) and (iv) of the Agreement,” immediately after the phrase “Leases”. 

            (c)
        Excluded Property. Subsection (e) of the definition of “Excluded Property” in Section 2(e) of the Agreement is hereby amended by deleting the words “and including”.

 3.        NO FURTHER AMENDMENT. Except as expressly amended by this
Amendment, the terms and conditions of the Agreement shall remain in full force and effect. 

4.        BINDING EFFECT. This Amendment shall be binding upon and inure to the
benefit of the parties hereto and their successors and permitted assigns. 

5.        COUNTERPARTS. This Amendment may be executed and delivered, including
by facsimile or other means of electronic transmission in PORTABLE DOCUMENT FORMAT (.pdf), in 







 
one or more counterparts, each of which when executed shall be deemed to be an original, but all of which when taken together shall constitute one and the same agreement. 

[Signature Pages to Follow; Remainder of Page Intentionally Left Blank] 







 IN WITNESS WHEREOF, the parties hereto have set their hands to be effective as of the date set forth above.

  

					
	SELLER:
	
	 SPUSV5 PRESTON COMMONS, LP, a
 Delaware limited partnership

		
	By:	 	SPUSV5 Preston Commons GP, LLC, a Delaware limited liability company, its general partner
			
		 	By:	 	 /s/ Mark Zikakis

		 	Name:	 	 MARK ZIKAKIS

		 	Title:	 	 VICE PRESIDENT

			
		 	By:	 	 /s/ Ming J. Lee

		 	Name:	 	 Ming J. Lee

		 	Title:	 	 Vice President



 [signature page to First Amendment of Purchase and Sale Agreement] 

[signatures continue on following page] 







 [signatures continued from prior page] 

PURCHASER: 
  

											
	 KBSIII PRESTON COMMONS, LLC,
 a Delaware limited liability company

		
	By:	 	KBSIII REIT ACQUISITION IX, LLC,
		 	 a Delaware limited liability company,
 its sole member

			
		 	By:	 	KBS REIT PROPERTIES III, LLC,
		 		 	 a Delaware limited liability company,
 its sole member

				
		 		 	By:	 	KBS LIMITED PARTNERSHIP III,
		 		 		 	 a Delaware limited partnership,
 its sole member

					
		 		 		 	By:	 	KBS REAL ESTATE INVESTMENT TRUST III, INC.,
		 		 		 		 	 a Maryland corporation,
 its general partner

						
		 		 		 		 	By:	  	/s/ Charles J. Schreiber,
Jr.,                            
		 		 		 		 		  	Charles J. Schreiber, Jr.,
		 		 		 		 		  	Chief Executive Officer

 [signature page to First Amendment of Purchase and Sale Agreement]