AMENDMENT/EXTENSION OF
OPTION TO PURCHASE REAL PROPERTY
THIS
AMENDMENT/EXTENSION dated this 30 day of March ,
2007, by and between David M. Czech and Delores R. Czech,
husband and wife, hereinafter referred to as “Sellers,”
and Agassiz Energy, LLC, a Minnesota limited liability
company, hereinafter referred to s
“Purchaser”;
WHEREAS,
the parties have entered into an Option to Purchase Real Property
dated April 30, 2005, and recorded in the Office of the Polk County
Recorder on May 12, 2005, as Document No. A000622013;
and
WHEREAS,
the terms of said Option to Purchase Real Property provide for a
primary option period ending March 31, 2006, and an extension
option period ending March 31, 2007; and
WHEREAS,
the parties have negotiated an extension of said Option to Purchase
Real Property for an additional one-year period, ending
March 31, 2008, on the terms set forth herein;
NOW,
THEREFORE, it is agreed as follows:
1. That the
Option to Purchase Real Property by and between the parties dated
April 30, 2006, and recorded in the Office of the Polk County
Recorder on May 12, 2005, as Document No. A000622013, shall be
amended to provide:
A. That the real
estate subject to the option shall be the real property situated in
the County of Polk and State of Minnesota described as:
The Southwest
Quarter of the Southeast Quarter (SE 1 / 4
SE 1 / 4
); the Southeast Quarter of the
Southwest Quarter (SE 1 / 4
SE 1 / 4
); and that part of the Northeast
Quarter of the Southwest Quarter (NE 1 / 4
SW 1 / 4
) lying south of the Great Northern
Railroad Right of Way, Section Three (3), Township One Hundred
Forty-eight (148) North of Range Forty-two (42) West of
the Fifth Principal Meridian according to the United States
Government Survey thereof; and
That part of
the Southeast Quarter of the Southeast Quarter (SE
1 / 4
SE 1 / 4
) of Section Three (3), Township One
Hundred Forty-eight (148) North of Range Forty-two
(42) West of the Fifth Principal Meridian, lying South of the
Great Northern Railway right of way and West of U.S. Highway
No. 59,
EXCEPT that
part of the SE 1 / 4
SE 1 / 4
of Section 3, Township 148
North of Range 42 West described as follows, to-wit: Beginning at
the Southeast corner of said Section 3; thence West along the
south boundary line of said Section 3 a distance of 470 feet
to a point; thence at right angles north to a point on
the
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