AMENDMENT TO OPTION TO PURCHASE REAL PROPERTY
Exhibit 10.1
AMENDMENT TO OPTION TO PURCHASE REAL PROPERTY
THIS AMENDMENT TO OPTION TO PURCHASE REAL PROPERTY, made this 31st day of
August, 2007, by and between ERBIN XXXXX XXXX and XXXXX XXXXX XXXX, JR.,
(“SELLER’) and OZARK ETHANOL, LLC, a Delaware Limited Liability Company
(“BUYER);
SELLER and BUYER executed a certain OPTION TO PURCHASE REAL
PROPERTY (the “OPTION”) dated September 8, 2006 and the parties desire to amend the OPTION.
NOW, THEREFORE, in consideration of the sum of $10,000.00 paid by
BUYER to SELLER, the receipt of which is hereby acknowledged by SELLER, the parties agree:
1. The OPTION is hereby amended as follows:
A. Paragraph 1 of the OPTION is amended:
a. By changing August 31, 2007 to August 31, 2008; and
b. By adding the following tract:
The South
400 feet of the Northwest Quarter (NW 1/4) of
Section 11, Township Thirty-five (35), Range Thirty-two (32), Xxxxxx County, Missouri.
B. Paragraphs 4 and 11 of the OPTION are amended by changing 232.27 acres to 256 acres.
2. In all other
respects the OPTION shall remain in full force and effect, subject only to the foregoing amendments.
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| SELLER: |
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| /s/ Xxxxx Xxxxx Xxxx | ||||
| XXXXX XXXXX XXXX | ||||
| /s/ Erbin Xxxxx Xxxx, Jr. | ||||
| ERBIN XXXXX XXXX, JR. | ||||
| BUYER: OZARK ETHANOL, LLC |
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| BY: /s/ Xxx XxXxxxxxx | ||||
| XXX XXXXXXXXX | ||||
| Authorized person in this LLC | ||||
ACKNOWLEDGMENT
STATE OF MISSOURI
|
) | |||||
| ) | s s . | |||||
COUNTY OF XXXXXX
|
) |
On this 31 day of AUGUST, 2007 before me personally appeared
ERBIN XXXXX XXXX, a widower by the death of his wife, Xxxxxxxx
Xxxxx Xxxx, who died on the 26th day of January 1998, and who is buried at
the Xxxxxx Cemetery, Nevada, Missouri, from whom he was never divorced, not having
since her death remarried, to me known to be the person described in and who executed the foregoing
instrument and acknowledged that he executed the same as his free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal at my office in Nevada, Missouri, the day and year first above written.
(SEAL)
| /s/ Xxxx X. Xxxxxxxx | ||||
| Notary Public, State of Missouri |
||||
XXXX X. XXXXXXXX NOTARY PUBLIC, XXXXXX CO. STATE OF MISSOURI COMMISSION EXP.02/25/10 COMMISSION #06436757 |
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ACKNOWLEDGMENT
STATE OF MISSOURI
|
) | |||||
| ) | s s . | |||||
COUNTY OF XXXXXX
|
) |
On this 31st day of AUGUST, 2007 before me personally
appeared XXX XXXXXXXXX, Chairman of Ozark Ethanol, LLC, a Delaware LLC, authorized to
do business in the State of Missouri, to me known to be the person described in and who
executed the foregoing instrument and acknowledged that he executed the same and that said
instrument was signed and sealed in behalf of this limited liability company by authority of the
its members and acknowledges the said instrument to be the free act and deed of said limited
liability company, Ozark Ethanol, LLC
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal at my office in Nevada, Missouri, the day and year first above written.
(SEAL)
| /s/ Xxxxx Xxx Fast | ||||
| Notary Public, State of Missouri |
||||
XXXXX XXX FAST Notary Public -- Notary Seal State of Missouri -- County of Xxxxxx My Commission Expires Jan. 15, 2010 Commission # #06439923 |
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JOINDER BY SPOUSE
XXXXXX X. XXXX, wife of ERBIN XXXXX XXXX, JR., executes this JOINDER
OF SPOUSE attached to the AMENDMENT TO OPTION TO PURCHASE REAL PROPERTY between
ERBIN XXXXX XXXX and XXXXX XXXXX XXXX, JR.,
and OZARK ETHANOL, LLC. She joins as a party to that option, consents thereto to
the end that the arrangement envisioned by the agreement should not be a transaction
in fraud or her marital rights. She understands this document will be attached to the
AMENDMENT TO OPTION TO PURCHASE REAL PROPERTY to affirm her consent thereto.
IN TESTIMONY WHEREOF, XXXXXX X. XXXX executes this XXXXXX BY SPOUSE this 31st day of August, 2007.
| /s/ Xxxxxx X. Xxxx | ||||
| XXXXXX X. XXXX, wife of ERBIN XXXXX | ||||
| XXXX, JR. | ||||
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ACKNOWLEDGMENT
STATE OF MISSOURI
|
) | |||||
| ) | s s . | |||||
COUNTY OF XXXXXX
|
) |
On the day hereinabove stated before personally appeared XXXXXX X. XXXX, wife of ERBIN XXXXX XXXX, JR.,
known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same
as his free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my
office in Nevada, Missouri, the day and year first above
written.
(SEAL)
| /s/ Xxxx X. Xxxxxxxx | ||||
| Notary Public, State of Missouri |
||||
XXXX X. XXXXXXXX NOTARY PUBLIC, XXXXXX CO. STATE OF MISSOURI COMMISSION EXP.02/25/10 COMMISSION #06436757 |
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