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FIRST AMENDMENT CW0 - dy1 TO OPTION AGREEMENT FOR SALE AND PURCHASE This First Amendment to Option Agreement for Sale and Purchase ("First Amendment") is entered into this 25th day of September, 2006 , by and among Viola S . Judah ("Judah ") ; Diane W . Lloyd ("Lloyd " ); Indian River County, a political subdivision of the State of Florida ; and Burney J . Carter, Esq . , solely in his capacity as Guardian Ad Litem , Attorney Ad Litem , Administrator Ad Litem , and Guardian of the Property (herein "Guardian " ) for Heather Evelyn Upton , a minor ("Upton ") . Background Recitals: A . On June 8 , 2006 , Judah and Lloyd as "Seller ' entered into an Option Agreement for Sale and Purchase with Indian River County ("Option Agreement") , attached hereto as Exhibit A and made a part hereof by this reference . B . Pursuant to applicable Florida law, the Option Agreement was approved by the Indian River County Board of County Commissioners at a duly advertised public hearing held on July 11 , 2006 . In addition , the execution of this First Amendment was authorized on July 11 , 2006 . C . The Option Agreement grants an option to Indian River County to purchase the parcel called the "Williams tract" , more specifically described in Exhibit B of the Option Agreement . D . The "Williams tract" is the subject of a quiet title action , Case No . 2005-0809-CA- 13 , Viola Judah v. Heather Evelyn Upton et al , and Robert Stephen Williams, et al. E . On July 11 , 2006 , a hearing was held in Case No . 2005-0809-CA- 13 , Viola Judah v. Heather Evelyn Upton et al , and Robert Stephen Williams, et al. , wherein the Court : (a ) granted Summary Final Judgment as to Robert Stephen Williams; and (b) acknowledged that Upton had been located and served and should be represented by a guardian . The Summary Final Judgment as to Robert Stephen Williams is recorded in the public records of Indian River County in O . R . Book 2060 , Page 321 . F . Guardian is now the duly appointed guardian of the property for Upton , as more specifically set forth in the "Order Appointing Guardian of Property of Minor" entered September 14 , 2006 , and attached hereto as Exhibit B and made a part hereof by this reference . G . . Guardian and Judah have executed a "Settlement Agreement and Stipulation" in Case No. 2005-0809-CA- 13 to : (a ) agree that Judah has title to an undivided seven- ninths of the "Williams tract" and Upton has title to an undivided two- ninths of the "Williams tract; ( b) provide for the disposition of proceeds .of the sale of the 'Williams tract" between Judah and Upton ; and (c) terminate Case No . 2005-0809-CA- 13 with prejudice ( "Settlement Agreement") . 1