exv10w13



 




Exhibit 10.13


	 	 	 
	[Bar Code]
	 	ENTERED FOR TAXATION
	Document 2007 5333
	 	TRANSFER BOOK
	Book 2007 Page 5333 Pages 3
	 	Book 13 Page 221, 222
	Date 11/14/2007 Time 8:00 AM
	 	Date November 15 2007
	Rec Amt $17.00 Aud Amt $5.00
	 	/s/ K. Kae Meyer
	 
	 	PLYMOUTH COUNTY AUDITOR






JOLYNN GOODCHILD, COUNTY RECORDER
PLYMOUTH COUNTY


Prepared by and return to:

Marten A. “Mat” Trotzig, Atty at Law, ISBA #8308, PO Box 336, LeMars, IA 51031, Ph. No. 712-546-8873

Address Tax Statement: Ms. Nancy L. Johnson, 205 First Avenue NE, Le Mars, Iowa 51031




AMENDMENT TO REAL ESTATE CONTRACT




     It is agreed between Nancy L. Johnson, a single person; and Michael J. Earnest and Vicki L.
Earnest, husband and wife (“Sellers”); and Northwest Iowa Renewable Energy, L.L.C. (“Buyer”) to
amend that certain Real Estate Contract dated November 14, 2006 and filed December 20, 2006 at Book
2006 Page 5904, in the following respects and particulars, to wit:




	 	1.	 	Paragraph Two of the original contract dealing with interest after July 1, 2007
is deleted in its entirety. Paragraph Five of the original contract is amended so that
closing shall be on or before July 1, 2008.
	 
	 	2.	 	Buyer shall pay the additional sum of $5,000.00 for this Amendment, the full
amount of which shall be applied to the principal purchase price.
	 
	 	3.	 	Sellers have the right to remove and dispose of any and all buildings on the
property so long as the same are removed prior to Buyer taking possession.
	 
	 	4.	 	Paragraph 11 of the original contract dealing with Remedies of the Parties is
deleted in its entirety. If this contract is not closed on or before July 1, 2008, the
contract shall stand automatically forfeited without notice to Buyer and Seller need
only record an affidavit with the Plymouth County Recorder after July 1, 2008
confirming that the contract is forfeited. In such an event, all payments made on this
contract shall be forfeited and Buyer shall have no further interest in the property.
Seller shall have no right to foreclose on the contract against Buyer and their only
remedy is automatic forfeiture as set forth herein.
	 
	 	5.	 	Buyer agrees to pay the following closing costs of Seller:
	 
	 	 	 	Real estate transfer taxes; continuation of Abstract of Title; closing fees with a
closing agent of Buyer’s choosing; deed preparation by Buyer’s attorney.
	 
	 	6.	 	Attorney fees of Seller shall be the responsibility of Sellers.
	 
	 	7.	 	In all other respects the remaining terms and conditions of the original real
estate contract as referred to above shall remain the same.




 









 





Dated this 16th day of October, 2007.




	 	 	 	 	 	 	 	 	 	 	 
	/s/ Nancy L. Johnson	 	 	 	 	 	 	 	NORTHWEST IOWA RENEWABLE
	 	 	 	 	 	 	 
	Nancy L. Johnson
	 	Seller	 	 	 	ENERGY, L.L.C.
	 
	 	 	 	 	 	 	 	 	 	 
	/s/ Michael J. Earnest
	 	 	 	 	 	 	 	By:	 	/s/ John E. Lucken
	 	 	 	 	 	 	 
	Michael J. Earnest
	 	Seller	 	 	 	 	 	John E. Lucken, Chairman
	 
	 	 	 	 	 	 	 	 	 	 
	/s/ Vicki L. Earnest
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 
	Vicki L. Earnest
	 	Seller	 	 	 	 	 	 






	 	 	 	 	 
	STATE OF IOWA

	 	)	 	 
	 

	 	) ss:
	 	 
	COUNTY OF PLYMOUTH

	 	)	 	 






     On this 8th day of November, 2007, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Nancy L. Johnson, a single person, to me known to be
the identical person named in and who executed the foregoing instrument, and acknowledged that she
executed the same as her voluntary act and deed.



	 	 	 	 	 
	
 
(SEAL)

	 	/s/ Barry S. Thompson
 

Notary Public in and for said

County and State.
	 	 






	 	 	 
	STATE OF IOWA

	 	)
	 

	 	) ss:
	COUNTY OF DICKINSON

	 	)






     ON this 24th day of October, 2007, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Michael J. Earnest and Vicki L. Earnest, husband and
wife, to me known to be the identical persons named in and who executed the foregoing instrument,
and acknowledged that they executed the same as their voluntary act and deed.



	 	 	 	 	 
	
 
(SEAL)

	 	/s/ Barry S. Thompson
 

Notary Public in and for said

County and State.
	 	 






	 	 	 
	STATE OF IOWA
	 	)
	 
	 	) ss:
	COUNTY OF PLYMOUTH
	 	)






     On this 16th day of October, 2007, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared John E. Lucken, to me personally known, who, being
by me duly sworn, did say that he is the Chairman of said limited liability company executing the
within and foregoing instrument, that (no seal has been procured by the said) (the seal affixed
thereto is the seal of said) limited liability company; that the said instrument was signed (and
sealed) on behalf of said limited liability company by authority of its Members; and that the said



 









 







John E. Lucken as such officer acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company, by it voluntarily executed.



	 	 	 	 	 
	 (SEAL)

	 	/s/ Marten A. Tortzig 

Marten A. Trotzig
Notary Public in and for said
County and State.	 	 







 









 




Statement


	 	 	 	 	 
	LAW OFFICES
	 	 	 	 
	BAUERLY, TROTZIG & BAUERLY, P.L.C
	 	 	 	 
	1288 Lincoln St. SW, P.O. Box 336
	 	Date	 	 
	Le Mars, IA 51031
	 	11/19/2007	 	 
	(712) 546-8873     FAX (712) 546-8875
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	To:	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	Northwest Iowa Renewable Energy, L.L.C.
	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	c/o John Lucken
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	250 S. 6th Street 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	P.O. Box 345
	 	 	Amount Due	 	Amount Enc.

	 	Akron, IA 51001
	 	 	$76.00	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	Date
	 	 	Description
	 	Amount
	Balance

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	10/19/2007	 	 	Balance Forward	 	 	 	 	 	 	 	 	 	234.00	 
	 	11/05/2007	 	 	E-mail from John. Respond to e-mail from John. Return telephone
call to Ashley Diediker at Williams and Company. E-mail copy of
most recent version of Amendment to Real Estate Contract between
Earnest and Johnson.	 	 	 	36.00	 	 	 	 	270.00	 
	 	11/07/2007	 	 	DEP #72-2200739 — Payment received	 	 	 	-234.00	 	 	 	 	36.00	 
	 	11/07/2007	 	 	Review e-mail from John. Long distance phone call to Attorney Barry
Thompson to inquire about status of Amendment to Real Estate Contract and message left. No Charge.	 	 	 	0.00	 	 	 	 	36.00	 
	 	11/08/2007	 	 	Long distance phone call for Barry Thompson and message left at
9:00 a.m. Call again at 11:50 a.m. and message left.	 	 	 	18.00	 	 	 	 	54.00	 
	 	11/12/2007	 	 	Fees advanced to Plymouth County Recorder to record Amendment to
Real Estate Contract.	 	 	 	17.00	 	 	 	 	71.00	 
	 	11/16/2007	 	 	Fees advanced to Plymouth County Recorder for additional fees.	 	 	 	5.00	 	 	 	 	76.00	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	CURRENT
	 	 	1-30 DAYS PAST	 	 	31-60 DAYS PAST	 	 	61-90 DAYS PAST	 	 	OVER 90 DAYS	 	 	 	 	 
	 	 
	 	 	DUE	 	 	DUE	 	 	DUE	 	 	PAST DUE	 	 	Amount Due	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	76.00
	 	 	0.00	 	 	0.00	 	 	0.00	 	 	 	0.00	 	 	 	$	76.00