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EXHIBIT 10.7
AMENDMENT TO OIL, GAS AND COALBED METHANE GAS LEASE
This amendment is made this 23rd day of November, 2004, by and
among
AMERICAN PREMIER UNDERWRITERS, INC. and AFC COAL PROPERTIES,
INC., (hereinafter
collectively referred to as "Lessor) and BPI INDUSTRIES INC.,
hereinafter
referred to as "Lessee").
W I T N E S S E T H
Whereas, Lessor and Lessee are parties to that certain Oil, Gas
and
Coalbed Methane Gas Lease, dated April 3, 2001 (hereinafter
referred to as
"Lease"), covering Lessor's interest in the oil, gas and coalbed
methane gas in
certain coal tracts located in Franklin, Saline and Williamson
Counties,
Illinois.
WHEREAS section 11(b) of the Lease states, "Lessee has 120 days
from the
date of the lease to have (i) plugged and removed the casing of
at least
(1) of the Prior Wells (the "First Plugged Prior Well" which
shall be a
typical well - not shallow compared to remaining wells) in
accordance with
the requirements of this Lease and all Laws, (ii) provided
Lessor with a
written certification and supporting documentation of such
plugging and
removal, the actual costs thereof, and the full payment of the
costs, and
(iii) made the deposits described above with respect to other
Prior Wells,
provided the amount of such deposits may
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