Exhibit 3.33
AGREEMENT
THIS AGREEMENT, made and entered into this __ day of ___________,1990,
among XXXXXXXXXX COMPANY, a Montana corporation with principal office at 0000
Xxxxxx Xxxxxx, Xxxxx, XX, hereinafter referred to as "Seller", and CENTENNIAL
FOODS, INC., an Idaho corporation, 000 Xxxx Xxxxxxxxxx, Xxxxxxx, XX 00000,
hereinafter referred to as "Buyer" and MONTANA DEPARTMENT OF NATURAL RESOURCES
AND CONSERVATION, with office at 0000 Xxxx Xxxxx Xxxxxx, Xxxxxx, Xxxxxxx, 00000,
hereinafter called "DNRC".
WITNESSETH:
(1) Reference is made to that Agreement previously made and
entered into the day of , 1990 among the parties hereto.
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(2) Reference is also made to Sections 3, 8 and 29 thereof, which it is
the intentions of the parties to amend herein.
NOW, THEREFORE, In consideration of their mutual promises and other
good and valuable consideration, the parties agree as follows:
I.
Section 3. "Option to Buyer" is hereby amended to read as follows:
3. Option to Buyer: So long as Buyer is not in default under this
contract, the obligation to the DNRC, or the lease to be entered into
by the parties, Buyer shall have an Option to Purchase the acreage
under said lease under the following terms:
(1) After complying with condition (2) below, Buyer shall pay
to Seller the sum of $5,000.00.
(2) Buyer shall be responsible for the subdivision of the
property in accordance with the Montana Subdivision and Platting Act
and all pertinent local regulations, all at Buyer's expense. The
of the property shall be a condition precedent to the
transfer of the real property from Seller to Buyer."
II.
Section 8. "Closing" is hereby amended to read as follows:
"8. Closing: The closing date of this transaction shall be on October
15, 1990, or such other earlier date as the parties shall mutually
agree in writing. All documents to be agreed to under Section 7. above
shall be prepared and ready for signature at the closing with any
required exhibits attached thereto."
III.
"Section 29. "Condition of Agreement" is hereby amended to read as
follows: "29. Condition of Agreement: This agreement contemplates that
the Buyer will have arranged project financing of $2,866,000.00 by
October 15, 1990. In the event the total project financing required is
not in place by October 15, 1990, then the obligations of all parties
to this agreement shall cease and this agreement shall on said October
15, 1990 become of no further force nor effect."
IN WITNESS WHEREOF, the parties, their heirs and personal
representatives have set their hands the day and year first written above.
SELLER: BUYER:
XXXXXXXXXX COMPANY, CENTENNIAL FOODS, INC.
a Montana corporation an Idaho corporation
BY: /s/Xxxxxx X. Xxxxxxxxxx BY: /s/Xxx Xxxxx
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Its President Its President
DNRC:
BY: /s/ Xxxxx X. Xxxxxx
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