SECOND AMENDMENT TO
OPTION AGREEMENT AND ESCROW INSTRUCTIONS
This SECOND AMENDMENT TO OPTION AGREEMENT AND ESCROW INSTRUCTIONS
("AMENDMENT") is made and effective as of July 18, 2001 ("EFFECTIVE DATE"), by DIVERSIFIED
EASTGATE VENTURE, an Illinois general partnership ("SELLER"), and ILLUMINA, INC., a Delaware
corporation ("BUYER"), with reference to the facts set forth below.
R E C I T A L S:
A. Pursuant to that certain Option Agreement and Escrow Instructions dated July 6, 2000, as amended by that
certain First Amendment to Option Agreement and Escrow Instructions dated May 25, 2001 ("FIRST
(collectively, "OPTION AGREEMENT"), Seller granted to Buyer an option ("OPTION")
to purchase certain real property located in the County of San Diego, California, as more particularly described
therein ("PROPERTY"). On or about November 30, 2000, Buyer exercised its Option to purchase the Property.
B. Seller and Buyer have also entered into that certain Eastgate Pointe Lease dated July 6, 2000 ("LEASE")
whereby Seller, as Landlord, leased the Property to Buyer, as Tenant.
C. Pursuant to the First Amendment, the parties agreed to certain modifications to the Option Agreement and the
Lease based upon Buyer's request for certain additions and modifications to (a) the Project Plans and the Project
Work under the Option Agreement, and (b) the Tenant Improvement Plans and the Tenant Improvements under
the Lease. As a result of these modifications, the parties acknowledge that Buyer will not be in a position to close
Escrow on or before the outside Closing Date of August 1, 2001. Accordingly, the parties desire to modify the
Option Agreement to extend the Close of Escrow until October 1, 2001, on the terms and conditions set forth
D. In connection with the extension of the Close of Escrow, the parties also desire to amend the Option
Agreement to provide for certain modifications to the economic terms of the transaction, as set forth on
EXHIBIT "A" attached hereto a