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<br />STATE OF NORTH CAROLINA <br />COUNTY OF ORANGE <br />SECOND AMENDMENT TO <br />PARKING DECK LEASE AND <br />RIGHT OF FIRST OFFER AND <br />RIGHT OF FIRST REFUSAL <br />THIS SECOND AMENDMENT TO PARKING DECK LEASE AND RIGHT OF <br />FIRST OFFER AND RIGHT OF FIRST REFUSAL ("Second Amendment") is made <br />effective the day of , 2009 (the "Execution Date") by and between <br />ENO RIVER PARKING DECK, LLC, a North Carolina limited liability company, 1000 <br />Corporate Drive, Suite 109, Hillsborough, North Carolina 27278 ("Lessor"), and ORANGE <br />COUNTY, NORTH CAROLINA, a body politic and corporate and a political subdivision of the <br />State of North Carolina, P.O. Box 8181, Hillsborough, North Carolina 27278 ("Lessee"). <br />WITNESSETH: <br />WHEREAS, Lessor and Lessee entered into a Parking Deck Lease and Right of First <br />Offer and Right of First Refusal made effective February 25, 2009 (the "Lease"); and <br />WHEREAS, Lessor and Lessee entered into an Amendment to Parking Deck Lease and <br />Right of First Offer and Right of First Refusal made effective June 23, 2009 (the "First <br />Amendment"); and <br />