Option to Purchase

Contract Categories: Business Finance - Purchase Agreements
EX-10.36 8 c13854exv10w36.htm OPTION TO PURCHASE exv10w36
 

Exhibit 10.36
OPTION TO PURCHASE
     For and in consideration of the sum of Ten Dollars and other good and valuable consideration paid by Red Trail Energy, LLC, of 3754 Highway 8, Richardton, ND 58652, hereinafter referred to as “Optionee” (whether one or more), to the North Dakota Development Fund and Stark County, hereinafter referred to as “Owner” (whether one or more), and for and in consideration of the terms and conditions herein contained, Owner does hereby give, grant and convey unto the Optionee the option to purchase up to 200,000 units at any time within one year from date of this Option.
     The terms and conditions of this Option to Purchase are as follows:
     1. PURCHASE PRICE: The purchase price for the heretofore described property shall be the sum of One Dollar ($1.00) per unit plus a dividend equal to 8¼% interest from the date of the investment to date of closing on the transfer of the units to Red Trail Energy, LLC.
     2. CONDITIONS OF OPTION: Optionee shall have the right to repurchase those units solely for the purpose of funding its bonus plan for management. This option can only be exercised for that purpose. If this option is exercised, Owner will sell units on a pro rata basis based upon their respective ownership interests. The Option can be exercised at any time during the next year and the total of shares available to Optionee shall not exceed 200,000 units.
     3. UNITS: Upon payment of the purchase price, the Owner shall execute and deliver unto the Optionee a transfer document assigning the units to Optionee, free and clear of all liens and encumbrances, excepting such liens and encumbrances as created by Optionee.
     4. EXERCISE OF OPTION: This Option may be exercised by the Optionee notifying Owner in writing of its intent to exercise the Option to Purchase, specifying the number of units it wishes to purchase and certifying to Owner that the units are being purchased to fund Optionee’s employee bonus plan.

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     IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this 11th day of December, 2006.
             
    OWNER:    
 
           
    NORTH DAKOTA DEVELOPMENT FUND,
an agency of the state of North Dakota
   
 
           
 
  BY:   /s/ Dean Reese
 
Dean Reese
   
 
  Its:   CEO    
 
           
    STARK COUNTY on behalf of the Community
Development Block Grant Program
   
 
           
 
  BY:   /s/ George Nodland
 
George Nodland
   
 
  Its:   Chairman    
 
           
    OPTIONEE:    
 
           
    RED TRAIL ENERGY, LLC    
 
           
 
  BY:
Its:
  /s/ Ambrose R. Hoff
 
Chairman
   

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STATE OF NORTH DAKOTA
  )    
 
  ss.
COUNTY OF BURLEIGH
  )    
     On this 12th day of December, 2006, before me personally appeared Dean Reese, known to me to be the CEO of the North Dakota Development Fund, who acknowledged to me that he executed the foregoing instrument on behalf of said governmental entity.
         
(Seal)
  /s/ SCOT G. LONG
 
Notary Public
   
 
  State of North Dakota    
 
  My commission expires: 12/7/07    
         
STATE OF NORTH DAKOTA
  )    
 
  ss.
COUNTY OF Stark
  )    
     On this 11 day of December, 2006, before me personally appeared George Nodland, known to me to be the Chairman of Stark County on behalf of the Community Development Block Grant Program, who acknowledged to me that he executed the foregoing instrument on behalf of said organization.
         
(Seal)
  /s/ JULIE FRITZ
 
Notary Public
   
 
  State of North Dakota    
 
  My commission expires: 10-12-2012    
         
STATE OF NORTH DAKOTA
  )    
 
  ss.
COUNTY OF Stark
  )    
     On this 18 day of December, 2006, before me personally appeared Ambrose Hoff, known to me to be the Chairman of Red Trail Energy, LLC, who acknowledged to me that he executed the foregoing instrument on behalf of said company.
         
(Seal)
  /s/ DEELL HOFF
 
Notary Public
   
 
  State of North Dakota    
 
  My commission expires: 10-21-2011    

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