AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
AMENDMENT
TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
This
Amendment to Agreement for Purchase and Sale of Real Property entered into as of
February 23, 2009 by and between Blue Earth Solutions Georgia, Inc., a Georgia
Corporation, a wholly owned subsidiary of Blue Earth Solutions, Inc., a Nevada
Corporation ("Purchaser") and Xxxxxxx Xxxxxx, Xxxx Xxxxxx, Xxxxxxx Xxxxxx,
Xxxxxxxx Xxxxxx, Xxxxxx Xxxxxx & Xxxxxx Xxxxxx. ("Seller");
WITNESSETH:
WHEREAS, Seller and Purchaser
entered into that certain Purchase and Sale Agreement, effectively dated January
I11,2009 (the "Contract"); and
WHEREAS, Purchaser and Seller
desire to continue with the Contract subject to the changes thereto hereinafter
set forth;
NOW, THEREFORE, for and in
consideration of the premises hereof and of other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
Purchaser and Seller do hereby covenant, stipulate and agree as
follows:
|
1.
|
Closing
Date : Seller and Purchaser agree and recognize that the Closing
date for this transaction shall be on or before March 31 ,
2009.
|
|
2.
|
Purchase
Price : The Purchase Price payable at Closing shall be increased
by Five Thousand Dollars ($5,000.00) to One Million Two Hundred
Seventy-Five Thousand Dollars
($1,275,000.00).
|
|
3.
|
Xxxxxxx
Money : Both Seller and Purchaser agree and recognize that Five
Thousand Dollars ($5,000.00) of the Twenty-Five Thousand Dollars
($25,000.00) of Eames! Money being held in escrow by The Xxxxxxxx Firm
("Escrow Agent”) shall be disbursed to the Seller on March 31, 2009 in the
event that the transaction has not Closed by the end of business that day
and the Seller has performed all of its obligations under the Contract. If
both parties mutually agree to extend the Closing date beyond March 31,
2009 then the amount disbursed to the Seller shall be applied towards the
Purchase Price at Closing.
|
|
4.
|
All
other terms and conditions as set fOl1h in the Agreement shall remain in
full force and effect.
|
|
5.
|
This
Amendment may be executed in multiple counterparts, each of which shall be
deemed an original.
|
|
6.
|
The
Agreement, as modified herein, is hereby ratified and confirmed by the
parties as binding upon each of them and enforceable against them ill
accordance with its terms and
conditions
|
IN
WITNESS WHEREOF, the parties have executed this Amendment to Purchase and Sale
Agreement as of the dates set forth below their respective
signatures.
(Signatures
on page 2)
|
PURCHASER:
Blue Earth Solutions, Inc.
a
Georgia Corporation
|
|
By:
/s/ Xxxxx Xxxxx
Jr.
|
|
Name:
Xxxxx Xxxxx Jr.
|
|
Title:
President
|
|
Date
Executed:
|
|
SELLER,
Xxxxxxx
Xxxxxx
|
|
By:
/s/ Xxxxxxx
Xxxxx
|
|
Date
Executed: 2/23/09
|
|
Xxxx
Xxxxxx
|
|
By:
/s/ Xxxx
Xxxxxx
|
|
Date
Executed: 2/23/09
|
|
Xxxxxxxx
Xxxxxx
|
|
By:
/s/ Xxxxxxxx
Xxxxxx
|
|
Date
Executed: 2/27/09
|
|
Xxxxxxx
Xxxxxx
|
|
By:
/s/ Xxxxxxx
Xxxxxx
|
|
Date
Executed: 2/27/09
|
|
Xxxxxx
Xxxxxx
|
|
By:
/s/ Xxxxxx
Xxxxxx
|
|
Date
Executed: 2/25/09
|
|
Xxxxxx
Xxxxxx
|
|
By:
/s/ Xxxxxx
Xxxxxx
|
|
Date
Executed:
2/25/09
|
