THIRD AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIRD
AMENDMENT TO AGREEMENT FOR PURCHASE AND
SALE
OF REAL PROPERTY
This Third Amendment to Agreement for
Purchase and Sale of Real Property entered into as of April 15, 2009 by and
between the 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”)
WHEREAS, Seller and Purchaser
entered into that certain Purchase and Sale Agreement, effectively dated January
11, 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:
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1.
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Closing
Date: Seller and Purchaser agree and recognize that the
Closing date for this transaction shall be on or before May 29,
2009
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2.
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Purchase
Price: The Purchase Price payable at Closing shall be
increased by Five Thousand Dollars ($5,000.00) to One Million Two Hundred
Eighty Thousand Dollars
($1,280,000.00).
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3.
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Xxxxxxx
Money: Both Seller and Purchaser agree and recognize
that an additional Five Thousand Dollars ($5,000.00) of the Xxxxxxx Money
being held in escrow by The Xxxxxxxx Firm (“Escrow Agent”) shall be
disbursed to the Seller on May 29, 2009 totaling Ten Thousand Dollars
($10,000.00) 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 May 29, 2009, then the amount disbursed shall be
applied towards the Purchase price at
Closing.
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4.
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All
other terms and conditions as set forth in the Agreement shall remain in
full force and effect.
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5.
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This
Amendment may be executed in multiple counterparts, each of which shall be
deemed an original.
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6.
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The
Agreement, as modified herein, is hereby ratified and confirmed by the
parties as binding upon each of them and enforceable against them in
accordance with its terms and
conditions.
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IN WITNESS WHEREOF, the
parties have executed this Amendment to Purchase and Sale Agreement as of the
dates set forth below their respective signatures.
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Purchaser:
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Blue
Earth Solutions, Inc., A Georgia Corporation
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By:
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/s/Xxxxx Xxxxx,
Jr.
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Name:
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Xxxxx
Xxxxx, Jr.
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Title:
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President
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Date
Executed:
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4/16/09
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Seller:
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Xxxxxxx
Xxxxxx
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By:
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/s/Xxxxxxx
Xxxxxx
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Date
Executed:
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4/16/09
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Xxxx
Xxxxxx
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By:
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/s/Xxxx Xxxxxx
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Date
Executed:
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4/16/09
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Xxxxxxxx
Xxxxxx
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By:
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/s/Xxxxxxxx
Xxxxxx
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Date
Executed:
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4/16/09
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Xxxxxxx
Xxxxxx
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By:
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/s/Xxxxxxx
Xxxxxx
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Date
Executed
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4/16/09
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Xxxxxx
Xxxxxx
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By:
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/s/Xxxxxx Xxxxxx
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Date
Executed
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4/16/09
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Xxxxxx
Xxxxxx
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By:
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/s/Xxxxxx Xxxxxx
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Date
Executed:
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4/16/09
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