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POLK COUNTY RECORDER
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POLK COUNTY, MINNESOTA
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CERTIFIED, FILED, AND
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RECORDED ON
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03/30/2007 09:00AM
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PAGES:
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7
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REC FEES:
$46.00
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MICHELLE M. COTE
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POLK COUNTY RECORDER
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By
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/s/ [ILLEGIBLE]
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Deputy
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OPTION TO PURCHASE REAL
PROPERTY
IN
CONSIDERATION of Five Thousand Dollars ($5,000), paid to
Randy Kroeplin , a single person, hereinafter referred to as
“Seller,” receipt of which is acknowledged, Sellers
give and grant to Agassiz Energy, LLC , a Minnesota limited
liability company, hereinafter referred to as
“Purchaser,” and Purchaser’s successors and
assigns, the exclusive option to purchase the real property Sellers
situated in the County of Polk, State of Minnesota, particularly
described as:
Up to one
hundred fifty (150) acres located in the following-described
premises:
The Northwest
Quarter of the Southeast Quarter (NW 1 / 4 SE 1 / 4 )
and the Northeast Quarter of the Southwest Quarter (NE
1 / 4 SW 1 / 4 ),
except tracts for cemetery purposes, Section Ten (10),
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;
The North Half
of the Northwest Quarter (N 1 / 2 NW 1 / 4 )
of Section Ten (10), Township One Hundred Forty-eight
(148) North of Range Forty-two (42) West of the Fifth
Principal Meridian, EXCEPT that part thereof lying West of the Soo
Line Railroad right-of-way, AND EXCEPT the following-described
tract, to-wit: Commencing at the Northeast corner of the NW
1 / 4 of
Section 10, Township 148 North of Range 42; thence in a
westerly direction along the north line of said NW
1 / 4 a
distance of 1200 feet to a point, which is the point of beginning
of the tract herein excepted; thence in a southerly direction and
parallel with the east line of said NW 1 / 4 a
distance of 60 rods to a point; thence in a westerly direction and
parallel with the north line of said NW 1 / 4 a
distance of 40 rods to a point; thence in a northerly direction and
parallel with the east line of said NW 1 / 4 a
distance of 60 rods, more or less, to the north
line of said
NW 1
/ 4 ;
thence in an easterly direction along the north line of said
NW 1
/ 4 a
distance of 40 rods, more or less, to the point of beginning of the
tract herein excepted;
That part of
the South Half of the Northwest Quarter (S 1 / 2 NW 1 / 4 )
and West Haif of the Southwest Quarter (W 1 / 2 SW 1 / 4 )
of Section Ten (10), Township One hundred Forty-eight
(148) North of Range Forty-two (42), West of the Fifth
Principal Meridian, lying Easterly of the Soo Line Railway
right-of-way;
(specific real
estate description of the 150-acre parcel to be determined by
survey provided by, and paid for by, Purchaser at the exercise of
the Option);
including all
easements, rights of way, and appurtenances, and all of
Seller’s right, title, and interest in all public ways
adjoining the property.
This option is
given on the following terms and conditions:
PRICE AND TERMS OF
PAYMENT
The purchase price
for the property shall be One Hundred Thousand Dollars ($100,000)
in cash; Two Hundred Thousand Dollars ($200,000) of Agassiz Energy,
LLC membership units (value $1.00 per unit); and 200,000 warrants
to purchase membership units in Agassiz Energy, LLC at $1.00 per
unit exercisable between April 1, 2007, and March 31,
2014. Said cash payment plus membership units and warrants shall be
paid or delivered to Seller at closing. The Five Thousand Dollar
($5,000) option payment shall be applied toward the total purchase
price.
In addition, in
the event the Option is exercised when the Sellers have growing
crop on the premises, Sellers shall be entitled to remove said crop
at harvest or be compensated the fair market value of the lost crop
as agreed in writing or as determined by Minnesota Regional
Extension Service if the parties are unable to agree.
-2-
PERIOD OF OPTION AND
EXTENSION
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