FIRST AMENDMENT TO SALE AND PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS THIS AMENDMENT made and entered into this 8th day of July, 1999, by and between AEI Fund Management, Inc., a Minnesota corporation, ("Purchaser") and Marie Callender Pie Shops, Inc., ("Seller"); WITNESSETH, that: WHEREAS, on the 2nd day of June, 1999 the parties hereto executed a Sale and Purchase Agreement and Escrow Instructions (Agreement ") for those certain properties located as follows: 1. Gresham #247 Farris Road, Gresham, OR 2. Henderson #245 Warm Springs Road, Henderson, NV 3. Amarillo #261 4111 Wolfin Avenue, Amarillo, TX (collectively "the Properties"); and WHEREAS, AEI and Borrower have agreed to amend certain terms and conditions of said Agreement as hereinafter provided; NOW, THEREFORE, for One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, it is hereby agreed between the parties as follows: 1. The ten (10) business days referred to in the first line of Paragraph 5.4 beginning is deleted and replaced with twenty (20) business days. 2. The thirty (30) business days referred to in the third line of Paragraph 5.1 is deleted and replaced with forty- five (45) business days. EXCEPT AS SPECIFICALLY SET FORTH ABOVE all other terms and conditions of said Lease Documents shall remain unchanged and in full force and effect. AEI FUND MANAGEMENT, INC. By:/s/ Mark E Larson Mark E. Larson Its: Chief Financial Officer MARIE CALLENDER PIE SHOPS, INC. By: /s/ Stephen Jennings Its: Chief Financial Officer