FOURTH AMENDMENT TO THAT CERTAIN

CONTRACT OF SALE OF REAL ESTATE AND

BUILDING AGREEMENT
THIS FOURTH AMENDMENT is effective as of the 27th day of June, 2012, by and
between TOBY HILL CHASE, LLC, a Connecticut limited liability company with a
mailing address c/o Centerplan Development Company LLC, 10 Main Street, Suite B,
Middletown, CT 06457 (hereinafter referred to as the Seller), and CAROL &
GEORGE LEACH, both of 46 Soundview Avenue, Old Saybrook, CT 06475
(hereinafter collectively referred to as the Buyer).
WHEREAS, Buyer and Seller entered into that certain Contract of Sale of Real Estate
and Building Agreement dated May 19, 2011, as amended by that certain First
Amendment to that certain Contract of Sale of Real Estate and Building Agreement dated
effective as of the 30th day of December, 2011, and as further amended by that Certain
Second Amendment to that certain Contract of Sale of Real Estate and Building
Agreement dated effective as of April 1, 2012, and as further amended by that Certain
Third Amendment to that certain Contract of Sale of Real Estate and Building Agreement
dated effective as of June 11, 2012 (collectively the Agreement);
WHEREAS, the Agreement stated that the estimated delivery date of the Property (as
such term is defined in the Agreement) to the Buyer would be on or before June 30, 2012;
WHEREAS, Buyer and Seller desire to amend the June 30, 2012 date to read as July 13,
2012;
NOW THEREFORE, in consideration of the foregoing and other valuable
consideration, Buyer and Seller hereby agree as follows:
1. Paragraph 4 of the Agreement is hereby deleted in its entirety and the following is
inserted in its place and stead:
4.
COMMENCEMENT AND COMPLETION: Seller agrees to commence
construction on or about August 1, 2011, and work diligently to completion. The
estimated completion date is on or before July 23, 2012 (the Delivery Date);
provided, however, that the Seller shall not be responsible for delays caused by
strikes, fires, casualties, or other circumstances beyond its control, including
inclement weather or delays occasioned by Buyers failure to complete those
portions of the construction which are Buyers responsibility or delays caused by
Buyer to promptly decide on choices for materials (i.e. cabinets, fixtures, etc.) or
delays occasioned by Buyers late payments to Seller.
2. Paragraph 5 of the Agreement is hereby deleted in its entirety and the following is
inserted in its place and stead:

5.

CLOSING:
a. The closing for the delivery of the deed by the Seller, and payment by the
Buyer of the unpaid balance of the Purchase Price will be held at the
offices of the Sellers Attorney on or before July 23, 2012 or on another
date agreeable to both parties.
b. At the closing, upon payment of the Purchase Price as provided above, the
Seller shall deliver and the Buyer shall accept a full covenant Warranty
Deed according to Connecticut Practice, conveying to the Buyer (or their
nominee) a good and marketable title to the Property in fee simple, free
and clear of all encumbrances and exceptions to title (according to the
Standards of Title of the Connecticut Bar Association, where applicable)
other than those herein stated. Said deed shall be prepared by Seller at
Sellers expense and Seller shall pay the conveyance taxes required by
law. Seller shall deliver possession of the Property to the Buyer and a
septic discharge permit for Lot 1 on the date of the closing. Seller shall
also deliver any applicable mechanics lien waivers.
c. Issuance of a certificate of occupancy by the Town of Westbrook shall be
evidence that the sale of the Property is ready to be closed. The balance of
the Purchase Price not yet paid to Seller shall be paid at the time of closing
and any touch up or follow up items shall be handled by the Seller within
a reasonable time after closing of sale except that Buyer shall be entitled
to a pre-closing inspection at which time a written punch list shall be
prepared and signed by the Seller. Punch list items shall be completed
within thirty (30) days from the date of closing. For any punch list item
costing more than $500.00 to complete, an escrow will be established
equal to one and one half times the reasonable cost of completing the
same.
d. Closing of the sale shall constitute acceptance of the Property by the
Buyer and that the Property has been completed as called for in the plans
and specifications, subject to builders warranties and completion of punch
list items.

3. With the exception of the language set forth in the foregoing paragraphs 1 and 2,
the remainder of the Agreement remains unchanged and remains in full force and
effect.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals or
caused the same to be sealed, the day and year first above written.
SELLER:

BUYER(S):

TOBY HILL CASE, LLC

By: _________________________
A Member, Duly Authorized

________________________
Carol Leach

________________________
George Leach