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r <br />r <br />n <br />6 <br />i s <br />n = <br />z <br />ivy =nv <br />CD <br />N to <br />o, ■ � <br />c <br />`M <br />, <br />� rn <br />o <br />CJA/ELS (647607) <br />FIRST AMENDMENT <br />TO <br />200508801 OPTION TO PURCHASE AGREEMENT <br />THIS FIRST AMENDMENT TO OPTION TO PURCHASE <br />AGREEMENT (the "Amendment "), is made and entered into this Aay of <br />August 2005, by and between Four -M LTD., a Nebraska limited partnership and <br />the Arlene Mettenbrink Life Estate, both at the principal mailing address of <br />3042 N. Engleman Road, Grand Island, Nebraska 68803 (jointly referred to as <br />"Seller ") and Cargill, Incorporated, a Delaware corporation, with principal <br />offices and place of business at 15407 McGinty Road West, Wayzata, Minnesota <br />55391 ( "Cargill'). <br />RECITALS: <br />1. Seller and Cargill are parties to that certain Option to Purchase <br />Agreement dated May 1, 2005 ( "Option Agreement "), wherein the Seller granted <br />to Cargill an option to purchase the real property located in City of Wood River, <br />Jackson Township, Hall County, State of Nebraska. <br />2. Seller and Cargill recorded a Memorandum of Option to Purchase <br />Agreement on July 6, 2005 with the Registrar of Deeds of the County of Hall, <br />State of Nebraska, as Document No. 200506096 ( "Memorandum ") to <br />memorialize of record the existence of the Option. <br />3. Seller and Cargill wish to revise the legal description for the Real <br />Property. <br />AGREEMENT: <br />NOW, THEREFORE, in consideration of the mutual agreements <br />contained herein, as of the Effective Date of this Amendment, the parties hereby <br />agree as follows: <br />1. The legal description for the Real Property as defined in the Option <br />Agreement is hereby amended and restated as described on Exhibit A attached <br />hereto and incorporated herein by reference. <br />2. This Amendment shall be executed in recordable form and shall be <br />subsequently recorded to memorialize the existence of this Amendment. <br />3. Except as amended hereby, all of the other terms and conditions of the <br />Option Agreement shall remain in full force and effect. <br />6 <br />CD <br />CZ <br />`M <br />, <br />� rn <br />o <br />-< C: <br />CD <br />:. <br />Cn <br />73 <br />co <br />Go <br />v� <br />co <br />C.0 <br />CJA/ELS (647607) <br />FIRST AMENDMENT <br />TO <br />200508801 OPTION TO PURCHASE AGREEMENT <br />THIS FIRST AMENDMENT TO OPTION TO PURCHASE <br />AGREEMENT (the "Amendment "), is made and entered into this Aay of <br />August 2005, by and between Four -M LTD., a Nebraska limited partnership and <br />the Arlene Mettenbrink Life Estate, both at the principal mailing address of <br />3042 N. Engleman Road, Grand Island, Nebraska 68803 (jointly referred to as <br />"Seller ") and Cargill, Incorporated, a Delaware corporation, with principal <br />offices and place of business at 15407 McGinty Road West, Wayzata, Minnesota <br />55391 ( "Cargill'). <br />RECITALS: <br />1. Seller and Cargill are parties to that certain Option to Purchase <br />Agreement dated May 1, 2005 ( "Option Agreement "), wherein the Seller granted <br />to Cargill an option to purchase the real property located in City of Wood River, <br />Jackson Township, Hall County, State of Nebraska. <br />2. Seller and Cargill recorded a Memorandum of Option to Purchase <br />Agreement on July 6, 2005 with the Registrar of Deeds of the County of Hall, <br />State of Nebraska, as Document No. 200506096 ( "Memorandum ") to <br />memorialize of record the existence of the Option. <br />3. Seller and Cargill wish to revise the legal description for the Real <br />Property. <br />AGREEMENT: <br />NOW, THEREFORE, in consideration of the mutual agreements <br />contained herein, as of the Effective Date of this Amendment, the parties hereby <br />agree as follows: <br />1. The legal description for the Real Property as defined in the Option <br />Agreement is hereby amended and restated as described on Exhibit A attached <br />hereto and incorporated herein by reference. <br />2. This Amendment shall be executed in recordable form and shall be <br />subsequently recorded to memorialize the existence of this Amendment. <br />3. Except as amended hereby, all of the other terms and conditions of the <br />Option Agreement shall remain in full force and effect. <br />