ASSIGNMENT OF OPTION AGREEMENT
Exhibit 10.6
THIS AGREEMENT is made and entered into on this 19th day of July, 2005, by and
between Gage County Economic Development, Inc., a Nebraska corporation (hereinafter referred to as
“Assignor”), and E Energy Xxxxx, LLC, a Nebraska limited liability company (hereinafter referred to
as “Assignee”).
FOR VALUE RECEIVED, Assignor hereby sells, assigns, transfers and conveys to Assignee all of
Assignor’s right, title and interest in and to one certain option agreement (“Option Agreement”),
wherein Assignor is named as optionee and Xxxxxx X. and Xxxxx X. Xxxxxx are named as optionors of
the following described real property, to wit:
East Half of the Northwest Quarter of the Northeast Quarter (E 1/2 NW 1/4 NE 1/4 );
Southwest Quarter of the Northeast Quarter (SW 1/4 NE 1/4 ); Northwest Quarter of the
Southeast Quarter (NW 1/4 SE 1/4 ); Northeast Quarter of the Southwest Quarter (NE 1/4 SW
1/4); and the Southeast Quarter of the Northwest Quarter (SE 1/4 NW 1/4), all in Section
Seventeen (S17), Township Six North (T6N), Range Eight East (R8E) of the
6th P.M., Gage County, Nebraska, except the railroad right-of-way of
record,
Consisting of 172.42 acres, more of less (herein “Premises”); and
A certain Easement of Record executed by M. Xxxxx Xxxxx, Trustee and individually,
and Xxxxxxx X. Xxxxx, Trustee and individually, and Xxxxx Xxxx, Trustee and
individually, on or about the 1st day of November, 1995, and filed for
record in Book 78, Page 769, in the Register of Deeds’ Office, Gage County, Nebraska
on the 16th day of January, 1996 wherein a perpetual easement was granted
over the East Twenty feet (20’) of the Southwest Quarter (SW 1/4) of the Southeast
Quarter (SE 1/4) of Section Seventeen (S17), Township Six North (T6N), Range Eight
East (R8E) of the 6th P.M., Gage County, Nebraska, for use as a driveway
for ingress and egress in and to the Premises.
This assignment is made subject to all of the terms and conditions of said Option Agreement
and pursuant to the express consent of the optionors as evidenced hereafter. By its signature
hereon, Assignee agrees to fulfill all of the terms and conditions of said Option Agreement.
This Assignment, together with all of the terms, agreements, covenants and warranties
contained herein, shall inure to and become binding upon the successors and assigns of the parties
hereto.
IN WITNESS WHEREOF, Assignor and Assignee have executed this Agreement on the day and year
first written above.
| ASSIGNOR: Gage County Economic Development, Inc. |
||||
| By: | /s/ Xxxx X. Xxxxxxx | |||
| Its: | ||||
Subscribed and sworn to before me this 19th day of July, 2005.
[
|
Xxxxxxx Xxxxxxxxx | ] | /s/ Xxxxxxx Xxxxxxxxx | |||
[ [seal] |
My Commission Expires | ] |
Notary Public in and for the State of Nebraska | |||
| [ | April 28, 2009 | ] | ||||
| ASSIGNEE: E Energy Xxxxx, LLC |
||||
| By: | /s/ Xxxx Xxxxxxxx | |||
| Xxxx Xxxxxxxx, President | ||||
Subscribed and sworn to before me this 21st day of July ,2005.
[
|
General Notary – State of Nebraska | ] | /s/ Xxxx X. Xxxxxxx | |||
[ [seal]
|
Xxxx X. Xxxxxxx | ] | Notary Public in and for the State of Nebraska | |||
[
|
My Comm. Exp. May 17, 2007 | ] |
CONSENT TO ASSIGNMENT
COMES NOW Xxxxxx X. Xxxxxx and in accordance with his signature hereafter, hereby consents to
the above assignment of Option Agreement dated 7-21, 2005.
Dated
this 21st day of July, 2005.
| /s/ Xxxxxx X. Xxxxxx | ||||
| Xxxxxx X. Xxxxxx | ||||
Subscribed and sworn to before me this 21st day of July, 2005.
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[
|
General Notary – State of Nebraska | ] | /s/ Xxxxx X. Xxxx | |||
[ [seal]
|
Xxxxx X. Xxxx | ] | Notary Public in and for the State of Nebraska | |||
[
|
My Comm. Exp. July 21, 2009 | ] |
CONSENT TO ASSIGNMENT
COMES NOW Xxxxx X. Xxxxxx and in accordance with her signature hereafter, hereby consents to
the above assignment of Option Agreement dated 7-21, 2005.
Dated this 21st day of July, 2005.
| /s/ Xxxxx X. Xxxxxx | ||||
| Xxxxx X. Xxxxxx | ||||
Subscribed and sworn to before me this 21st day of July, 2005.
[
|
General Notary – State of Nebraska | ] | /s/ Xxxxx X. Xxxx | |||
[ [seal]
|
Xxxxx X. Xxxx | ] | Notary Public in and for the State of Nebraska | |||
[
|
My Comm. Exp. July 21, 2009 | ] |
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