OPTION
EXHIBIT 10.9
OPTION
THIS OPTION TO PURCHASE granted this 5th day of May, 2006, by Xxxxxxx Xxxxx, a
single person and Xxxxxx Xxxxx, a single person, party of the first part, to Homeland Energy
Solutions, LLC an Iowa Limited Liability Company, having its principal place of business at 000
Xxxxx Xxxx Xxxxxx, Xxx Xxxxxxx, Xxxx 00000, party of the second part.
WITNESSETH that in consideration of the agreements and conditions herein contained, and the sum of
one thousand two hundred fifty dollars ($1,250.00) which is consideration for the option only, paid
by the said party of the second part to the said party of the first part, the receipt whereof is
xxxxxx acknowledged, the party of the first part hereby grants unto the party of the second part
the exclusive right, at the option of the party of the second part, for and during the period until
April 1, 2007, to purchase the following tract or parcel of land, or a portion thereof (hereinafter
referred to as “the premises”), situated in the County of Winneshiek, State of Iowa, to-wit:
All that part of the southwest Quarter of the Northwest Quarter, the West half of
the Southwest Quarter and the Southeast Quarter of the Southwest Quarter lying
South of the river in Section 30, Township 96 North, Range 10 West of the
5th P.M., containing 100 acres, more or less, the exact description and
acreage to be determined by engineering survey.
All of the foregoing is subject to a legal description based on an actual site survey. Said site
survey shall be obtained at the sole cost and expense of the party of the second part.
It is understood and agreed that the party of the first part upon the signing of this Option, does
immediately grant the party of the second part the right and privilege without liability, to enter
upon the premises herein described, by foot and/or vehicle, to obtain soil borings, samples, and
make other tests, land and archaeological surveys, as said party of the second part deems necessary
to determine the suitability of the premises for the use and type of construction proposed. All
such operations shall be conducted so as to cause the least interference with farming operations
being conducted on the premises.
In the event of the exercise of this Option, the party of the second part shall have the right to
purchase the premises for $7,500.00 per acre plus $48,775.00 for the three existing buildings. The
purchase price, less the amount of any additional payments made for the extension of the Option
shall be payable, in cash, upon the exercise of this Option. Party of the second part shall move
and erect the grain bin to a location designated by party of the first part.
| R.V. | ||
| R.V. |
It is further understood that in the event that party of the second part exercises its option to
purchase the property that the party of the second part, in addition to payment of the purchase
price specified herein, shall make all relocation payments and render all relocation assistance to,
for, or on behalf of the party of the first part as may be required, if such be the case, by
federal or state law.
This transaction shall be closed no later than 90 days after the date upon which the party of the
second part gives written notice to the party of the first part of its election to exercise this
option to purchase. This transaction will be closed at the office of the Buyer’s attorney or at
such other date or place that is mutually agreeable to the parties.
This option is governed by the laws of the State of Iowa, and any court action which may be taken
by either party as a result of this Option shall be resolved within the jurisdiction of Chickasaw
County, Iowa.
All notices to either party hereunder shall be effective only when made in writing and deposited,
postage and/or feeds prepaid, in the U.S. Mail, via certified or registered mail, return receipt
requested, and addressed to the party as follows:
| If for the party of the first part: | If for the party of the second part: | |
Xxxxxxx Xxxxx |
Homeland Energy Solutions, LLC | |
0000 Xxxxxxx 00 |
000 Xxxxx Xxxx Xxxxxx | |
Waucoma, IA 52171 |
New Hampton, IA 50659 | |
The party of the first part hereby agrees to execute an affidavit and/or memorandum of this option
to purchase upon request and as may be determined reasonably necessary by the party of the second
part, and further consents to the recording of such instrument with the county recorder.
The party of the first part, upon exercise of the Option and payment of the balance of the purchase
price, agrees to execute and deliver to the party of the second part a Warranty Deed, conveying the
premises free and clear of all liens and encumbrances, except public roads, restrictions of record
and taxes not due and payable to the party of the second part. This agreement shall be binding
upon the parties hereto, their heirs, executors, administrators, successors, and assigns.
In the event that this Option is not exercised, then the party of the first part shall retain all
payments made by the party of the second part as liquidated damages, and the party of the second
part shall remove all its facilities from the premises and restore the surface to as near as
possible its pre-disturbed condition.
Party of the second part shall pay party of the first part for damages to crops, fences, and other
physical improvements damages as a result of its exploratory work on the premises. In the event
that the Option is exercised and possession is required by party of second part prior to crop
harvest, then party of second part shall pay party of the first part for standing crops.
Said option may be extended by said party of the second part for two successive periods of one year
upon the additional payment of the sum of twelve thousand five hundred ($12,500.00) for each year,
prior to the expiration of the option. In the event of the exercise of the Option, the additional
payments made for extension of the Option shall be applied to the purchase price of the premises.
In the event the party of the first part wishes to utilize a tax-free exchange pursuant to Section
1031 of the Internal Revenue Code, party of the second part agrees to cooperate and execute
whatever documents may be necessary for purposes of the tax free exchange.
IN WITNESS WHEREOF, the party of the first part have hereunto set their hands and seals the day and
year first above written.
/s/ Xxxxxxx Xxxxx
|
/s/ Xxxxxx Xxxxx | |||||
Xxxxxxx Xxxxx
|
Xxxxxx Xxxxx |
INDIVIDUAL ACKNOWLEDGEMENT
STATE OF MINNESOTA, COUNTY OF WINNESHIEK, ss:
On this 5TH day of May, 2006, before me personally appeared Xxxxxxx
Xxxxx, a single person and Xxxxxx Xxxxx, a single person, to me known to be the persons named in
and who executed the foregoing instrument and acknowledged that they executed the same as their
voluntary act and deed.
| /s/ Xxxxxxxxxxx X. X’Xxxxxxx | ||||
| Notary Public in the State of Minnesota | ||||
| My Commission Expires 11/4/07 |
