**Exhibit 10.1**

 

**SEVENTHAMENDMENT**

 

 

**TO**

 

 

**LEASEAGREEMENT**

 

 

**By andAmong**

 

 

**ThePorts of Indiana**

 

**AventineRenewable Energy-Mt Vernon, LLC**

 

**And**

 

**AventineRenewable Energy Holdings, Inc.**

 

----

 

**SEVENTH AMENDMENT TO LEASE AGREEMENT**

 

THIS SEVENTH AMENDMENT TO LEASE AGREEMENT (“**SeventhAmendment**”) is made and entered into this 23rd day of April, 2009 byand among the PORTS OF INDIANA, a body corporate and politic existing under thelaws of the State of Indiana and formerly known as the Indiana Port Commission(the “**Ports**”), AVENTINE RENEWABLE ENERGY-MTVERNON, LLC a Delaware Limited Liability Company (“**Lessee**”,and together the “**Parties**”) andAVENTINE RENEWABLE ENERGY HOLDINGS, INC. (“**Guarantor**”).

 

**RECITALS:**

 

A.            The Ports is chargedwith the management and operation of the Ports of Indiana, including the Portof Indiana-Mount Vernon, in Posey County, Indiana (the “**Port**”).

 

B.            The Parties enteredinto a certain Lease Agreement dated October 31, 2006, which was executedby the Office of the Attorney General and the Office of the Governor on January 19,2007 and January 24, 2007 respectively (the “**OriginalLease**”), which Original Lease was amended by (i) a certainFirst Amendment to Lease Agreement and Reaffirmation of Guaranty dated June 14,2007 among the Parties and Guarantor, (ii) a certain Second Amendment toLease Agreement and Reaffirmation of Guaranty dated October 18, 2007 amongthe Parties and Guarantor, (iii) a certain Third Amendment to LeaseAgreement and Reaffirmation of Guaranty dated December 20, 2007 among theParties and Guarantor, (iv) a certain Fourth Amendment to Lease Agreementand Reaffirmation of Guaranty dated June 19, 2008, (v) a certainFifth Amendment to Lease Agreement and Reaffirmation of Guaranty dated December 18,2008 among the Parties and Guarantor; and, (vi) a certain Sixth Amendmentto Lease Agreement and Reaffirmation of Guaranty among the Parties andGuarantor dated February 12, 2009, (said Original Lease as amended is herein referred to as the “Lease”),whereby the Ports leased to Lessee and Lessee leased from the Ports thatcertain real estate described in the Lease, located at the Port ofIndiana-Mount Vernon, a port managed and operated by the Ports in Posey County,Indiana.

 

C.            The Parties haveagreed to amend the Lease to remove from the Leased Premises approximately 4+/-acres (hereafter “**Tract 2**”)(Tract 1 being the subject of the Sixth Amendment to Lease Agreement andReaffirmation of Guaranty) and the return of Tract 2 to the Ports for theinclusion of said Tract 2 with other property for the lease to a third partyfor the construction of a new project at the Port and to make other changes inthe legal descriptions of the Leased Premises.

 

D.            Guarantor is joiningin the execution of this Seventh Amendment solely for purposes of consenting toall provisions of this Seventh Amendment.

 

E.             On April 7,2009, Lessee and Guarantor, together with the latter’s affiliates, filed forprotection under chapter 11 of title 11 of the United States Code in the UnitedStates Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”).

 

F.             Lessee, the Portsand Guarantor have each had substantial participation in the preparation ofthis Seventh Amendment which shall become effective upon entry of a final non-

 

1

----

 

appealable Order of the Bankruptcy Courtauthorizing the Lessee’s and Guarantor’s entry into and approving this SeventhAmendment.

 

G.            At a properlyconvened public meeting of the Commission of the Ports, the duly authorizedofficers have approved the execution and delivery of this Seventh Amendment.

 

NOW, THEREFORE, in consideration of the foregoing premises, the mutualundertakings hereinafter set forth, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the Ports, Lesseeand Guarantor (solely for purposes of its agreement to the provisions ofParagraphs 7 and 8 below) hereby agree as follows:

 

# 1.             The Ports requestedand the Lessee has consented to the release of Tract 2 from its Lease so thatsaid tract could be combined with other Port real property for the developmentand construction of a new project and lease agreement with a new tenant at thePort.

#  

# 2.             The Parties agreethe land to be surrendered back to the Ports pursuant to this Seventh Amendmentand defined herein as Tract 2, consists of approximately 4 +/- acres and ismore particularly described and depicted in the drawing and descriptionattached hereto, made a part hereof, and marked as **Exhibit 1-7thAmendment**.  A metes and bounds description, as well asthe actual acreage of Tract 2, will be established by the “as built” ALTA/ACSMLand Title Survey of the Leased Premises, containing Table A Items 1-4, 6, 7a,8-10, 11a and 13 (the “**As Built Survey**”)to be provided by Lessee pursuant to paragraph 4 hereafter.

#  

# 3.             Attached to theFourth Amendment, as well as to this Seventh Amendment, is **Exhibit A — Description of Leased Real Estate**,(“**Exhibit A**”).  Exhibit A describes the Leased Premisesas consisting of 118.05 acres.

#  

# 4.             By agreement of theParties the final As Built Survey (depicting the final boundary line of theLeased Premises, together with all necessary easements, rights of way anddeletions of acreage) is to be performed by Lessee when the project is at astage when the actual boundaries are readily identifiable, but in no eventlater than December 31, 2009.

#  

# 5.             Article III ofthe Lease provides that Lessee shall pay Initial Ground Rent of Three ThousandTwo Hundred Dollars ($3,200) per acre per year, and Section 1.01 of theLease identifies the demised real estate as approximately 116 acres, more orless.

#  

# 6.             It is furtheragreed by the Parties that an adjustment to the Initial Ground Rent paid andpayable by Lessee will be made upon completion of the As Built Survey.  The Parties acknowledge that since theexecution of the Lease, Lessee has occupied more than the 116 acres.  Specifically, Lessee has occupied 117.808acres from October 31, 2006 until increased to 118.05 on June 19,2008; reduced by 2.37 acres on February 12, 2009, and further reduced by 4+/-acres on April 23, 2009. Commencing on May 1, 2009 and continuinguntil the As Built Survey is completed and the adjustment to the Initial GroundRent is calculated, the Initial Ground Rent shall be based upon 112 acres(being the 116 acres referenced in Section 5 above less the 4+/- acres ofTract 2 surrendered back to the Ports by this Seventh Amendment).  Upon completion of the As Built Survey, thePorts will calculate the actual Initial Ground Rent that should have been paidsince October 31, 2006 based upon the actual acreage occupied by Lessee assuch acreage

 

2

----

#  

# has changed asset forth above (the “**True Up Rent**”).  The Initial Ground Rent that has been paidbased upon the 116 acres thru May 1, 2009 and 112 acres thereafter shallbe subtracted from the True Up Rent and the difference, if any, shall be paidby Lessee within 30 days of receipt of the invoice from the Ports.  In the event that the result of the True UpRent comparison is a negative amount, such that Lessee has overpaid based onactual acreage occupied, then the Port shall issue a credit to Lessee on thenext month’s rent due.

#  

# 7.             Lessee herebyreleases and surrenders back to the Ports Tract 2, and the Ports hereby acceptTract 2 and the same is hereby removed and deleted from the Demised Premises.

#  

# 8.             Guarantor herebyconsents to the amendments to the Lease made by this Seventh Amendment andagrees that such amendments shall not affect, impair, discharge, relieve orrelease Guarantor of its obligations under the terms of the Lease Guaranty, andthat such Lease Guaranty shall be deemed to reference the Lease as amendedhereby.

#  

# 9.             The Ports andLessee agree that the above and foregoing Recitals are true, correct andcomplete and are hereby incorporated and made a part of this Seventh Amendmentas if completely and fully set forth herein. Capitalized terms used in this Seventh Amendment without definitionshall have the meanings set forth in the Lease as previously amended, exceptthat any internal references in the Lease to the word “**Lease**” shall mean the Lease, as previouslyand hereby amended, wherever the context so requires in order to give meaningto this Seventh Amendment.

#  

# 10.           This SeventhAmendment shall be incorporated into and made a part of the Lease and allprovisions thereof not expressly modified or amended hereby shall remain infull force and effect.  Nothing containedin this Seventh Amendment (except, as applicable, for the specific amendmentsto the Lease set forth in this Seventh Amendment) shall release or relieveLessee or Ports from their respective obligations or liabilities under theLease accruing prior to the date hereof.

#  

# 11.           Except as expresslyamended and modified by this Seventh Amendment and subject to Section 12below, the Lease shall otherwise remain in full force and effect, the partieshereto hereby ratifying and confirming the same.  This Seventh Amendment, together with theLease, is the complete understanding between the parties and supersedes allother prior agreements and representations concerning its subject matter.  To the extent of any inconsistency betweenthe Lease and this Seventh Amendment, the terms of this Seventh Amendment shallcontrol.

#  

# 12.           Notwithstandinganything set forth herein to the contrary, the Ports execution of this SeventhAmendment does not waive any rights or remedies the Ports has in connectionwith any failure of Lessee to comply with the terms and conditions of the Leaseprior to the date hereof, including but not limited to any rights or remediesof the Ports arising due to the filing of mechanic’s liens by Lessee’scontractors, subcontractors and/or other third parties.

#  

# 13.           Notwithstandinganything set forth herein to the contrary, the Lessee’s execution of thisSeventh Amendment does not waive any rights or remedies the Lessee has inconnection

 

3

----

#  

# with anyfailure of the Ports to comply with the terms and conditions of the Lease priorto the date hereof.

#  

# 14.           This SeventhAmendment is subject to the entry of a final non-appeal Order by the BankruptcyCourt authorizing the Lessee’s and the Guarantor’s entry into and approvingthis Seventh Amendment.

#  

# 15.           Notwithstandinganything contained herein, the entry by the Lessee and the Guarantor into thisSeventh Amendment and/or the entry of an Order by the Bankruptcy Courtauthorizing the Lessee’s and the Guarantor’s entry into this Seventh Amendmentshall not be construed or deemed to be an assumption of the Lease.

#  

# 16.           The Parties agreethat the deadline set forth in section 365(d)(4)(A) of the Bankruptcy Codeby which the Lessee must assume or reject the Lease shall be extended throughand including April 7, 2010 and that, for all purposes, includingsatisfaction of the requirements of § 365(d)(4)(B)(ii) of the BankruptcyCode, the Seventh Amendment shall constitute the Landlord’s irrevocable consentto such extension.

#  

# 17.           Immediatelyfollowing the signature page of this Seventh Amendment is the Addendum ofState required contract provisions previously executed by the Parties.  The Parties reaffirm the covenants andaffirmations contained in said Addendum and incorporate the same into thisSeventh Amendment.

#  

*(Remainderof Page left blank, signature Page to follow)*

 

4

----

 

IN WITNESS WHEREOF, the parties hereto have executed this SeventhAmendment as of the day, and month and year first above-written.

 
|                              |                              | **PORTS OF INDIANA**                             |
|-----------------------------------|-----------------------------------|--------------------------------------------------|
|                              |                              | **“Ports”**                            |
| **ATTEST:**                       |                              | ** **                                       |
|                              |                              | ** **                                       |
| By:                               |  /s/ Tony  Walker            |                                             | By: |  /s/  Gregory Gibson |
|                              | Tony Walker,  Assistant Secretary |                                             | ** ** | Gregory  Gibson, |
|                              |                              |                                             | ** ** | Designated  Commissioner |
|                              |                              |                                             | ** ** |   |
|                              |                              |                                             | **AVENTINE  RENEWABLE ENERGY-** |
|                              |                              |                                             | **MT.  VERNON, LLC** |
|                              |                              |                                             | **“Lessee”** |
| **ATTEST:**                       |                              |                                             |
| ** **                        |                              |                                             |
| /s/ George T. Henning, Jr.   |                              | /s/ Ronald H. Miller                             |
| (Signature)                       |                              | (Signature)                                      |
|                              |                              |                                             |
| George T. Henning, Jr.       |                              | Ronald H. Miller                                 |
| (Printed  name and title)         |                              | (Printed  name and title)                        |
|                              |                              |                                             |
|                              |                              | **AVENTINE  RENEWABLE ENERGY**                   |
|                              |                              | **HOLDINGS,  INC.**                              |
|                              |                              | **“Guarantor”**                        |
| **ATTEST:**                       |                              | ** **                                       |
|                              |                              | ** **                                       |
| /s/ George T. Henning, Jr.   |                              | /s/ Ronald H. Miller                             |
| (Signature)                       |                              | (Signature)                                      |
|                              |                              | ** **                                       |
| George T. Henning, Jr.       |                              | Ronald H. Miller                                 |
| (Printed  name and title)         |                              | (Printed  name and title)                        |
|                              |                              | ** **                                       |
| Approved as  to form and legality |                              | ** **                                       |
| This 1st day of June, 2009   |                              | ** **                                       |
|                              |                              | APPROVED                                         |
| /s/ Susan W. Gard                 |                              | DATE:  July 7, 2009                    |
| For Gregory  F. Zoeller           |                              | ** **                                       |
| Attorney  General of Indiana      |                              | /s/ Mitchell E. Daniels, Jr.                |
|                              |                              | For The  Honorable Mitchell E. Daniels, Jr. |
|                              |                              | Governor of  Indiana                             |

 

Thisinstrument was prepared by David W. Haniford, General Counsel, Ports ofIndiana, 150 W. Market St. Ste. 100 Indianapolis IN 46204-2845 Telephone: (317)232-9204.

 

Iaffirm, under the penalties for perjury, that I have taken reasonable care toredact each Social Security number in this document, unless required bylaw.  David W. Haniford, *Attorney at Law*.

 

5

----

 

**ADDENDUMOF**

 

**STATEREQUIRED CONTRACT PROVISIONS**

 

6

----

 

**EXHIBIT E**

** **

(IPC321.06)

 

**ADDENDUM**

** **

ThisAddendum is entered into by and between the Ports of Indiana (the “**State**”) and Aventine Renewable Energy-Mt Vernon, LLC (the “**Contractor**”), and collectively known as the “**Parties**”.  The purposeof this Addendum is to modify, delete, or amend certain terms and conditionsset forth in the attached Fifth Amendment (“**Agreement**”).  This Addendum and the Agreement areincorporated into each other and, when read together, shall constitute oneintegrated document.  Any inconsistency,conflict, or ambiguity between this Addendum and the Agreement shall beresolved by giving precedence and effect to this Addendum.

 

#### Authority to Bind Contractor

####  

Thesignatory for the Contractor represents that he/she has been duly authorized toexecute this Contract on behalf of the Contractor and has obtained allnecessary or applicable approvals to make this Contract fully binding upon theContractor when his/her signature is affixed, and certifies that this Contractis not subject to further acceptance by Contractor when accepted by the Stateof Indiana.

 

#### Compliance with Laws.

####  

##### The Contractor shall complywith all applicable federal, state and local laws, rules, regulations andordinances, and all provisions required thereby to be included herein arehereby incorporated by reference.  Theenactment of any state or federal statute or the promulgation of nays orregulations thereunder after execution of this Contract shall be reviewed bythe State and the Contractor to determine whether the provisions of thisContract require found modification.

#####  

##### The Contractor and itsagents shall abide by all ethical requirements that apply to persons who have abusiness relationship with the State, as set forth in Indiana Code § 4-2-6 atseq., the regulations promulgated thereunder, and Executive Order 04-08, dated April 27,2004.  If the tractor is not familiarwith these ethical requirements, the contractor should refer any questions tothe Indiana State Ethics Commission, or visit the Indiana State Ethics Commissionwebsite at http://www.in.gov/ethics/.  Ifthe Contractor or its agents violate any applicable ethical standards, theState may, in its sole discretion, terminate this Contract subject to thenotice and cure provisions of Sections 11.01(i) and 7.02 of theAgreement.  In addition, the Contractormay be subject to penalties under Indiana Code § 4-2-6-12.

#####  

##### The Contractor certifies byentering into this Contract, that neither it nor its principal(s) ispresently in arrears in payment of its taxes; penult fees or other statutory,regulatory or judicially required payments to the State of Indiana.  Further, the Contractor agrees that anypayments in arrears and currently due to the State of Indiana may be withheldfrom payments due to the Contractor. Additionally, further work or payments may be withheld, delayed, ordenied and/or this 

 

----

 

##### Contract suspended until the Contractor iscurrent in its payments and has submitted proof of such payment to the State.

#####  

##### The Contractor warrants thatit has no current or pending or outstanding criminal, civil, or enforcementactions initiated by the State of Indiana pending, and agrees that it willimmediately notify the State of any such actions.  During the term of such actions, Contractoragrees that the State may delay, withhold, or deny work under any Supplement orcontractual device issued pursuant to this Contract and any supplements oramendments.

#####  

##### If a valid dispute exists asto the Contractor’s liability or guilt in any action initiated by the State ofIndiana or its agencies, and the State decides to delay, withhold, or deny workto the Contractor, the Contractor may request that it be allowed to continue,or receive work, without delay.  TheContractor must submit, in writing, a request for review to the IndianaDepartment of Administration (IDOA) following the procedures for disputesoutlined herein, A determination by IDOA shall be binding on the parties.

#####  

##### Any payments that the Statemay delay, withhold, deny, or apply under this section shall not be subject topenalty or interest under IC 5-17-5.

#####  

##### The Contractor warrants thatthe Contractor and its subcontractors’ if any, shall obtain and maintain allrequired permits, licenses, and approvals, as well as comply with all health,safety, and environmental statutes, rules, or regulations in the performance ofwork activities for the State.  Failureto do so may be deemed is a material breach of this Contract and grounds forImmediate termination of the Agreement and denial of further work with theStet; subject to the notice and cars provisions of Sections 11.01(1) and7.02 of the Agreement.

#####  

##### The Contractor herebyaffirms that it is properly registered and owes no outstanding reports with theIndiana Secretary of State.

#####  

##### As required by IC 5-22-3-7:

#####  

###### the Contractor and anyprincipals of the Contractor certify that (A) the Contractor, except forde minimis and nonsystematic violations, has not violated the terms of (i) IC24-4.7 [Telephone Solicitation Of Consumers), (ii) IC 24-5-12 [TelephoneSolicitations), or (iii) IC 24-5-14 [Regulation of Automatic DialingMachines) in the previous three hundred sixty-five (365) days, even if IC 244.7is preempted by federal law; and (B) the Contractor will not violate theterms of IC 24-4.7 for the duration of the Contract, even if IC 24-4.7 ispreempted by federal law.

######  

###### The Contractor and anyprincipals of the Contractor certify that an affiliate or principal of theContractor and any agent acting on behalf of the Contractor or on behalf of anaffiliate ‘or principal of the Contractor: (A) except for de minimis andnonsystematic violations, has not violated the terms of IC 24-4.7 in theprevious three hundred sixty-five (365) days, 

 

E-2

----

 

###### even if IC 24-4.7 is preempted by federal law;and (B) will not violate the terms of IC 24-4.7 for the duration of theContract, even if IC 24-4.7 is preempted by federal law.

######  

#### Conflict of interest.

####  

##### As used in this section:

#####  

“**Immediate family**” means the spouse and the unemancipatedchildren of an individual.

 

“**Interested party**” means:

 

1.                                       The individualexecuting this Contract;

 

2.                                       An individualwho has an interest of three percent (3%) or more of Contractor, if Contractoris not an individual; or

 

3.                                       Any member ofthe immediate family of an individual specified under subdivision 1 or 2.

 

“**Department**” means the Indiana Department of Administration.

 

“**Commission**” means the State Ethics Commission.

 

##### The Department may cancelthis Contract without recourse by Contractor if any interested party is an employeeof the State of Indiana.

#####  

##### The Department will notexercise its right of cancellation under section B, above, if the Contractorgives the Department an opinion by the Commission indicating that the existenceof this Contract and the employment by the State of Indiana of the interestedparty does not violate any statute or rule relating to ethical conduct ofState employees.  The Department may takeaction, including cancellation of this Contract, consistent with an opinion ofthe Commission obtained under this section.

#####  

##### Contractor has anaffirmative obligation under this Contract to disclose to the Department whenan interested party is or becomes an employee of the State of Indiana.  The obligation under this section extendsonly to those facts that Contractor knows or reasonably could know.

#####  

#### Drug-FreeWorkplace-Certification.

####  

TheContractor hereby covenants and agrees to make a good faith effort to provideand maintain a drug-free workplace.  TheContractor will give written notice to the State within ten (10) daysafter receiving actual notice that the Contractor or an employee of theContractor in the State of Indiana has been convicted of a criminal drugviolation occurring in the Contractor’s workplace.  False certification or violation of this certificationmay result in sanctions including suspension 

 

E-3

----

 

ofcontract payments, termination of this Contract and/or debarment of contractingopportunities with the State for up to three (3) years, subject to thenotice and cure provisions of Sections 11.01(i) and 7.02 of theAgreement.

 

Inaddition to the provisions of the above paragraphs, if the total contractamount set forth in this Contract is in excess of $25,000.00, Contractor herebyfurther agrees that this contract is expressly subject to the terms,conditions, and representations of the following certification:

 

Thiscertification is required by Executive Order No. 90-5, April 12,1990, issued by the Governor of Indiana. Pursuant to its delegated authority, the Indiana Department ofAdministration is requiring the inclusion of this certification in allcontracts and grants from the State of Indiana in excess of $25,000.00.  No award of a contract shall be made, and nocontract, purchase order or agreement, the total amount of which exceeds$25,000.00, shall be valid, unless and until this certification has been fullyexecuted by the Contractor and made a part of the contract or agreement as partof the contract documents.

 

TheContractor certifies and agrees that it will provide a drug-free workplace by:

 

##### Publishing and providing toall of its employees a statement notifying them that the unlawful manufacture,distribution, dispensing, possession or use of a controlled substance isprohibited in the Contractor’s workplace, and specifying the actions that willbe taken against employees for violations of such prohibition;

#####  

##### Establishing a drug-freeawareness program to inform it’s employees of (I) the dangers of drugabuse in the workplace; (2) the Contractor’s policy of maintaining adrug-free workplace; (3) any available drug counseling, rehabilitation,and employee assistance programs; and (4) the penalties that may beimposed upon an employee for drug abuse violations occurring in the workplace;

#####  

##### Notifying all employees inthe statement required by subparagraph (A) above that as a condition ofcontinued employment, the employee will (I) abide by the terms of thestatement; and (2) notify the Contractor of any criminal drug siennaconviction for a violation occurring in the workplace no later than five (5) daysafter such conviction;

#####  

##### Notifying in writing theState within ten (10) days after receiving notice from an employee widersubdivision (C)(2) above, or otherwise receiving actual notice of suchconviction;

#####  

##### Within thirty (30) daysafter receiving notice under subdivision (C)(2) above of a conviction,imposing the following sanctions or remedial measures on any employee who isconvicted of drug abuse violations occurring in the workplace: (1) takingappropriate personnel action against the employees, up to and includingtermination; or (2) requiring such employee to satisfactorily participatein a drug abuse assistance or rehabilitation program approved for such purposesby a federal, state or local health, law enforcement, or other appropriateagency; and

 

E-4

----

 

##### Making a good faith effortto maintain a drug-free workplace through the implementation of subparagraphs (A) through(B) above.

#####  

#### Nondiscrimination

####  

Pursuantto IC 22-9-1-10 and the Civil Rights Act of 1964, the Contractor and itssubcontractors shall not discriminate against any employee or applicant foremployment in the performance of this Contract. The Contractor shall not discriminate with respect to the hire, tenure,terms, conditions or privileges of employment or any matter directly orindirectly related to employment, because of race, color, religion, sex,disability, national origin or ancestry. Breach of this covenant may be regarded as a material breach of thisContract The Contractor’s execution of this Contract also signifies compliancewith applicable federal taws, regulations, and executive orders prohibitingdiscrimination in the provision of services based on race, color, nationalorigin, age, sex, disability or status as a veteran.  The provisions of this Section 5 aresubject to the notice and cure provisions of Sections 11.01(1) and 7.02 ofthe Agreement.

 

**NON-COLLUSION ANDACCEPTANCE**

** **

Theundersigned attests, ‘subject to the penalties for perjury, that he/she is theContractor, or that he/she is the properly authorized representative, agent,member or officer of the Contractor, that he/she has not, nor has any othermember, employee, representative, agent or officer of the Contractor, directlyor indirectly, to the best of his/her knowledge, entered into or offered toenter into any combination, collusion or agreement to receive or pay, and thathe/she has not received or paid, any sum of money or other consideration forthe execution of this Contract other than that which appears upon the face ofthis Contract,

 

**[*The balanceof this page is intentionally left blank*]**

 

E-5

----

 

**InWitness Whereof**, the Parties have, through duly authorizedrepresentatives, entered into this Lease. The Parties having read and understand the foregoing terms of thecontract do by their respective signatures dated below hereby agree to theterms thereof.

 
| **Ports of Indiana:**                | ** **         | **Aventine Renewable Energy — Mt Vernon, LLC** |
|--------------------------------------|--------------------|-----------------------------------------------------|
|                                 |               |                                                |
|                                 |               |                                                |
| Signature:                           | /s/ Steven Stemler |                                                | Signature: | /s/ John R. Gray |
|                                 |               |                                                |
| Printed Name: Steven Stemler         |               | Printed Name: John R. Gray                          |
|                                 |               |                                                |
| Title: Designated Commissioner       |               | Title: VP Logistics & Development               |
|                                 |               |                                                |
| Date: 10/30/06                       |               | Date: 10/31/06                                      |
|                                 |               |                                                |
| Attest:                              | /s/ Jay K. Potesta |                                                |   |
|                                 |               |                                                |
| Printed Name: Jay K. Potesta         |               |                                                |
|                                 |               |                                                |
| Title: Secretary Treasurer           |               |                                                |
|                                 |               |                                                |
|                                 |               |                                                |
| **Office of the Attorney General**   | ** **         | **Office of the Governor**                          |
| ** **                           | ** **         | ** **                                          |
| ** **                           | ** **         | ** **                                          |
| /s/ Jason Thompson/Susan W. Gard for |               | /s/ Mitchell E. Daniels, Jr.                        |
| Steve Carter, Attorney General       |               | Mitchell E. Daniels, Jr., Governor                  |
|                                 |               |                                                |
| Date: 1/19/07                        |               | 1/24/07                                             |
|                                      |                    |                                                     |  |  |  |

 

E-6

----

 

**Exhibit 1— 7****th**** Amendment**

 

----

 

**EXHIBIT A**

 

**Revised Survey Description**

 

Indiana Port Commission (Port) to Aventine Renewable Energy-Mt Vernon,LLC (Aventine)

 

**Parcel # 1** (Leasehold-existing description)

 

Part ofthe Northeast Quarter of Section 9, Township 7 South, Range 13 West inBlack Township, Posey County, Indiana; also and all of Lots 6, 7, 8, 9, 10, 11,12, and 13, part of Ohio Street, Oak Street and part of an alley all being partof Edson’s Subdivision of Lot 48 in Kimball’s Addition, as per plat thereofrecorded in Deed Record 42, Page 8 all of which is in part of theSoutheast Quarter of the Northwest Quarter of Section 9, Township 7 South,Range 13 West, in the City of Mt Vernon, Posey County, Indiana, all being moreparticularly described as follows:

 

Commencingat the Southwest Corner of the Northeast Quarter of said Section 9, thencealong the south line of said Quarter, North 89 degrees 48 minutes 03 secondsEast 137.70 feet to the east line of Edson Street; thence along the said eastline, North 16 degrees 59 minutes 52 seconds West 255.92 feet to the Point ofBeginning; thence continuing along said east line of Edson Street, North 16degrees 59 minutes 52 seconds West 805.98 feet to a point on the south line ofan alley found on the north line of Lots 11, 12, and lot 13 in said Edson’sSubdivision of Lot 48 in Kimball’s addition to the Town of Mt Vernon; thencealong said south line of the alley, North 72 degrees 55 minutes 00 seconds East221.45 feet to the west line of the Northeast Quarter of said section 9; thencealong said west line, North 02 degrees 03 minutes 47 seconds East 1254.05 feetto the south limited access right of way line of State Road 62 (Project No. F-845(19) dated 1966); thence along said south limited access right-of-way line thenext 3 calls, 1) North 72 degrees 56 minutes 14 seconds East 9.35 feet to apoint located 93 feet right of Station 53+42.5 Line “JR”, said point being thepoint of curvature of a curve to the left, concave to the northeast, having acentral angle of 14 degrees 30 minutes 00 seconds and a radius of 2957.79 feetfrom which a chord bears North 65 degrees 41 minutes 15 seconds East 746.54feet; 2) thence along the arc of said curve 748.54 feet to a point located 93feet right of Station 60+67.5 Line “JR”; 3) thence North 58 degrees 26 minutes15 seconds East 76.61 feet to a point on the north line of the NortheastQuarter of said Section 9; thence along said north line, North 89 degrees50 minutes 01 seconds East 211.44 feet to a point on the west right-of-way ofan existing Port railroad, said point being on a non tangent curve to the left,concave to the southeast, having a central angle of 42 degrees 13 minutes 11seconds and a radius of 637.06 feet from which a chord bears South 21 degrees06 minutes 22 seconds West, 458.88 feet; thence along said railroadright-of-way and along the arc of said curve 469.43 feet; thence continuingalong said west railroad right-of-way the following 3 calls, 1) South 00degrees 00 minutes 13 seconds East 670.00 feet; 2) thence South 05 degrees 22 minutes59 seconds East 320.00 feet; 3) thence South 00 degrees 00 minutes 13 secondsEast 1020.22 feet to a point 245.00 feet north of the south line of theNortheast quarter of said Section 9; thence parallel with said south lineof the Northeast Quarter of Section 9, South 89 degrees 48 minutes 03seconds West 852.08 feet to the point of beginning containing 2,006,936 squarefeet (46.07 acres).

 

(Note:All Port road and railroad rights-of-way referred to in this description arefor convenience and reference only).

 

**Parcel # 2** (Leasehold-new description)

 

Part ofthe Northeast Quarter of Section 9, Township 7 South, Range 13 West andpart of the Southeast Quarter of Section 4, Township 7 South, Range 13West, in Black Township, Posey County, Indiana being more particularlydescribed as follows:

 

Commencingat the Southwest Corner of the Southeast Quarter of said Section 4, thencealong the south line of said Quarter section, North 89 degrees 50 minutes 01seconds East 1053.68

 

----

 

feetto the east line of an existing Port railroad right-of-way, also being thePoint of Beginning, said point being on a non tangent curve to the right,concave to the southeast, having a central angle of 37 degrees 17 minutes 49seconds and a radius of 567.06 feet from which a chord bears North 66 degrees12 minutes 27 seconds East 334.39 feet; thence along said right-of-way line,along the arc of said curve 339.44 feet; thence North 75 degrees 34 minutes 49seconds East 27.84 feet to the west right of way line of the former SouthwindPort Road, said point being on a non-tangent curve to the right, concave to thewest, having a central angle of 10 degrees 16 minutes 39 seconds and a radiusof 1696.80 feet from which the chord bears South 05 degrees 07 minutes 36seconds East 303.96 feet; thence along said right-of-way, along the arc of saidcurve 304.37 feet; thence continuing along said west right-of-way line, South00 degrees 00 minutes 44 seconds West 624.58 feet; thence continuing along saidwest right-of-way line, South 00 degrees 00 minutes 08 seconds West 1254.34feet to a point 7.00 feet inside the north 20 foot right-of-way line of anexisting Port railroad; thence North 84 degrees 32 minutes 08 seconds West56.08 feet to the point of curvature of a curve to the right, concave to thenortheast, having a central angle of 80 degrees 58 minutes 33 seconds and aradius of 559.96 feet from which the chord bears North 44 degrees 02 minutes 50seconds West 727.15 feet; thence along the arc of said curve 791.39 feet;thence North 03 degrees 33 minutes 34 seconds West 25.50 feet; thence North 00degrees 00 minutes 13 seconds West 1038.14 to the point of curvature of a curveto the right, concave to the southeast, having a central angle of 25 degrees 54minutes 13 seconds and a radius of 583.32 feet from which a chord bears North12 degrees 56 minutes 51 seconds East 261.48 feet; thence along the arc of saidcurve 263.72 feet to the point of intersection with the right-of-way line ofthe existing Port railroad right-of-way, being a non-tangent curve to theright, concave to the southeast having a central angle of 24 degrees 35 minutes02 seconds and radius of 567.06 feet from the chord bears North 36 degrees 46minutes 01 seconds East 241.45 feet; thence along said right-of-way, along the arcof said curve 243.31 feet to the Point of Beginning containing 1,082,505 squarefeet (24.85 acres).

 

(Note:All Port road and railroad rights-of-way referred to in this description arefor convenience and reference only).

 

**Parcel # 2A**(Leasehold-new description)

 

(portionof former Southwind Port Road to be vacated by Port lease thereof to Aventine)

 

Part ofthe Northeast Quarter of Section 9, Township 7 South, Range 13 West andpart of the Southeast Quarter of Section 4, Township 7 South, Range 13West, in Black Township, Posey County, Indiana, being more particularlydescribed as follows:

 

Commencingat the Southwest Corner of the Southeast Quarter of said Section 4, thencealong the south line of said Quarter section, North 89 degrees 50 minutes 01seconds East 1053.68 feet to the east line of an existing Port railroadright-of-way, said point being on a non-tangent curve to the right, concave tothe southeast, having a central angle of 37 degrees 17 minutes 49 seconds and aradius of 567.06 feet from which a chord bears North 66 degrees 12 minutes 27seconds Eat 334.39 feet; thence along said right-of-way line, along the arc ofsaid curve 339.44 feet; thence North 75 degrees 34 minutes 49 seconds East27.84 feet to the west right of way line of the former Southwind Port Roadbeing the Point of Beginning; thence continue North 75 degrees 34 minutes 49seconds East 10.03 feet to a point 10 feet east of the west 50 footright-of-way line of existing Southwind Port Road, said point being on anon-tangent curve to the left, concave to the west having a central angle of 02degrees 53 minutes 59 seconds and a radius of 1706.80 feet from which the chordbears North 11 degrees 44 minutes 23 seconds West 86.37 feet; thence parallelwith and 10 feet east of said right-of-way, along the arc of said curve 86.38feet; thence North 76 degrees 48 minutes 38 seconds East 90.00 feet to the eastright-of-way line of former Southwind Port Road, said point being on anon-tangent curve to the right, concave to the west having a central angle of13 degrees 12 minutes 06 seconds and a radius of 1796.80 feet from which thechord bears South 06 degrees 35 minutes 19 seconds East 413.09 feet; thencealong said right-of-way line, along the arc of said curve 414.01 feet; thencecontinue

 

E-2

----

 

alongsaid right-of-way line, South 00 degrees 00 minutes 44 seconds West 624.57feet; thence continue along said right-of-way, South 00 degrees 00 minutes 08seconds West 1263.90 feet to a point 7.00 feet inside of the existing 20 footright-of-way line of an existing Port railroad; thence parallel with saidright-of-way line, North 84 degrees 32 minutes 06 seconds West 100.46 feet tothe intersection with the west right-of-way line of the former Southwind PortRoad; thence along said right-of-way North 00 degrees 00 minutes 08 secondsEast 1254.34 feet; thence continue along said right-of-way North 00 degrees00minutes 44 seconds East 624.58 feet to the point of curvature of a curve tothe left, concave to the west having a central angle of 10 degrees 16 minutes39 seconds and a radius of 1696.80 feet from which the chord bears North 05degrees 07 minutes 36 seconds West 303.96 feet; thence along said right-of-way,along the arc of said curve 304.37 feet to the Point of Beginning, containing227,753 square feet (5.23 acres)

 

(Note:All Port road and railroad rights-of-way referred to in this description arefor convenience and reference only).

 

**Parcel # 3** (Leasehold-new description)

 

Part ofthe Northeast Quarter of Section 9, Township 7 South, Range 13 West andpart of the Southeast Quarter of Section 4, Township 7 South, Range 13West, in Black Township, Posey County, Indiana, being more particularlydescribed as follows:

 

Commencingat the Southeast Corner of the Southeast Quarter of said Section 4, thencealong the south line of said Quarter, South 89 degrees 50 minutes 01 secondsWest 657.36 feet to the west line of the relocated Southwind Port Road right ofway, said point being the Point of Beginning and being North 89 degrees 50minutes 01 seconds East 2036.81 feet from the Southwest corner of the Southeastquarter of said Section 4, said point being on a non-tangent curve to theright, concave to the southwest having a central angle of 04 degrees 45 minutes46 seconds and a radius of 473.39 feet from which the chord bears South 27degrees 06 minutes 11 seconds East a distance of 39.34 feet; thence along saidre-located right-of-way line, along the arc of said curve 39.35 feet to thepoint of curvature of a curve to right, concave to the southwest having acentral angle of 07 degrees 31 minutes 26 seconds and a radius of 450.00 feetfrom which the chord bears South 20 degrees 57 minutes 35 seconds East adistance of 59.05 feet; thence continue along said re-located right-of-way,along the arc of said curve 59.09 feet; thence continue along said re-locatedright-of-way South 17 degrees 11 minutes 52 seconds East 123.56 feet to thepoint of curvature of a curve to the right, concave to the west having acentral angle of 17 degrees 04 minutes 11 seconds and a radius of 550.00 feetfrom which the chord bears South 08 degrees 39 minutes 46 seconds East adistance of 163.25 feet; thence continue along said relocated right-of-way,along the arc of said curve 163.86 feet; thence continue along said relocatedright-of-way South 00 degrees 07 minutes 41 seconds East 1149.28 feet to thepoint on a non-tangent curve to the right, concave to the west having a centralangle of 27 degrees 49 minutes 45 seconds and a radius of 567.23 feet fromwhich the chord bears South 17 degrees 11 minutes 17 seconds West a distance of272.81 feet; thence continue along said re-located right-of-way, along the arcof said curve 275.51 feet; thence continue along said re-located right-of-waySouth 16 degrees 13 minutes 15 seconds West 147.24 feet to a point 7.00 feetinside the 20 foot right-of-way line of an existing Port railroad, said pointbeing on a non-tangent curve to the right, concave to the northwest having acentral angle of 42 degrees 49 minutes 59 seconds and a radius of 536.80 feetfrom which the chord bears South 69 degrees 31 minutes 36 seconds West 392.02feet; thence along the arc of said curve 401.30: thence North 89 degrees 03minutes 25 seconds West 72.48 feet to the point of curvature of a curve to theright, concave to the north having a central angle of 04 degrees 31 minutes 19seconds and a radius of 500.00 feet from which the chord bears North 86 degrees47 minutes 46 seconds West a distance of 39.45 feet; thence along the arc ofsaid curve 39.46 feet; thence North 84 degrees 32 minutes 06 seconds West 24.56feet to the intersection with the east right-of-way line of the formerSouthwind Port Road; thence along said right-of-way line North 00 degrees 00minutes 08 seconds East 1263.90 feet; thence continue along said right-of-wayNorth 00 degrees 00 minutes 44 seconds East

 

E-3

----

 

624.57feet to the point of curvature of a curve to the left, concave to the westhaving a central angle of 13 degrees 12 minutes 06 seconds and radius of1796.80 feet from which the chord bears North 06 degrees 35 minutes 19 secondsWest a distance of 413.09 feet; thence continue along said right-of-way, alongthe arc of said curve 414.01 feet to the intersection with the southright-of-way line of re-located Southwind Port Road; thence along said southright-of-way North 76 degrees 48 minutes 38 seconds East 39.68 feet; thencecontinue along said south right-of way South 84 degrees 06 minutes 33 secondsEast 156.74 feet; thence continue along said south right-of-way South 82degrees 05 minutes 22 seconds East 44.55 feet to the point of curvature of acurve to the right, concave to the southwest having a central angle of 50degrees 40 minutes 08 seconds and a radius of 473.39 feet from which the chordbears South 54 degrees 49 minutes 08 seconds East 405.13 feet; thencecontinue-along said south right-of-way, along the arc of said curve 418.64 feetto the Point of Beginning, containing 1,321,269 square feet (30.33 acres).

 

(Note:All Port road and railroad rights-of-way referred to in this description arefor convenience and reference only).

 

**Parcel # 3A** (Leasehold-new description)

 

Part ofthe Northeast Quarter of Section 9, Township 7 South, Range 13 West andpart of the Southeast Quarter of Section 4, Township 7 South, Range 13West, in Black Township, Posey County, Indiana, being more particularlydescribed as follows:

 

Commencingat the Southeast Corner of the Southeast Quarter of said Section 4, thencealong the south line of said Quarter, South 89 degree 50 minutes 01 secondsWest 586.20 feet to the west line of an existing Port railroad right of way,said point being the Point of Beginning and being North 89 degrees 50 minutes01 seconds East 2107.34 feet from the Southwest corner of the Southeast quarterof said Section 4; thence along said right-of-way South 19 degrees 05minutes 17 seconds East 40.34 feet to the point of intersection with the northright-of-way line of re-located Southwind Port Road, said point being on anon-tangent curve to the left, concave to the southwest having a central angleof 58 degrees 48 minutes 46 seconds and radius of 533.39 feet from which thechord bears North 50 degrees 51 minutes 33 seconds West a distance of 523.79feet; thence along said north right-of-way, along the arc of said curve 547.51feet; thence continue along said north right-of-way line North 82 degrees 05minutes 22 seconds West 46.59 feet; thence continue along said northright-of-way North 84 degrees 06 minutes 33 seconds West 219.87 feet; thenceNorth 67 degrees 19 minutes 33 seconds East 237.71 feet; thence North 22degrees 40 minutes 27 seconds West 79.51 feet to a point on the south limitedaccess right-of-way line of State Road 62 (Project No. F-845 (19) dated1966), said point being the point of curvature of a non-tangent curve to theright, concave to the southeast, having a central angle of 02 degrees 53minutes 44 seconds and a radius of 5636.44 feet from which a chord bears North67 degrees 36 minutes 37 seconds East 284.81 feet; thence along saidright-of-way, along the arc of said curve 284.84 feet to the west right of wayline of an existing Port railroad; thence along said west right-of- way line,South 19 degrees 05 minutes 17 seconds East 629.58 feet to the point ofbeginning containing 113,022 square feet (2.59 acres).

 

(Note:All Port road and railroad rights-of-way referred to in this description arefor convenience and reference only).

 

**Parcel # 4** (Leasehold-new description)

 

Part ofthe Northeast Quarter of Section 9, Township 7 South, Range 13 West andpart of the Southeast Quarter of Section 9, Township 7 South, Range 13West, in Black Township, Posey County, Indiana, being more particularlydescribed as follows:

 

E-4

----

 

Commencingat the Northeast Corner of the Southeast Quarter of said Section 9, thencealong the north line of said Quarter, South 89 degrees 48 minutes 03 secondsWest 373.82 feet to the west line of an existing railroad right-of way; thencealong said west line of the railroad right-of way, South 00 degree 00 minute 00second East 8.07 feet to the north right of way line of Port Road # 570; thencealong said north right-of-way line, South 89 degrees 57 minutes 39 seconds West227.96 feet to the west right-of-way line of re-located Southwind Port Roadbeing the Point of Beginning; thence continue along said right-of-way line ofPort Road # 570 South 89 degrees 57 minutes 39 seconds West 461.45 feet to theeast right-of-way line of former Southwind Port Road; thence along said eastright-of-way line North 00 degrees 00 minutes 08 seconds East 597.36 feet tothe south tight-of-way line of an existing railroad; thence along said southright-of way line, North 89 degrees 56 minutes 02 seconds East 136.43 feet tothe point of curvature of a curve to the left, concave to the northwest, havinga central angle of 36 degrees 20 minutes 24 seconds and a radius of 592.96 feetfrom which a chord bears North 71 degrees 45 minutes 50 seconds East 369.81feet, thence along the southeasterly right-of-way line of said railroad andalong the arc of said curve 376.09 feet to the west right-of-way line ofre-located Southwind Port Road; thence along said right-of-way line South 16 degrees13 minutes 15 seconds West 1.12 feet to the point of curvature of curve to theleft, concave to the east having a central angle of 16 degrees 26 minutes 11seconds and a radius of 700.00 feet from which the chord bears South 08 degrees00 minutes 10 seconds West 200.12 feet; thence along said right-of-way line andalong the arc of said curve 200.81 feet; thence continue along saidright-of-way line South 00 degrees 12 minutes 56 seconds East 513.68 feet tothe Point of Beginning, containing 286,541 square feet (6.58 acres).

 

(Note:All Port road and railroad rights-of-way referred to in this description arefor convenience and reference only).

 

**Parcel #4A** (Leasehold-new description)

 

Part ofthe Northeast Quarter of Section 9, Township 7 South, Range 13 West andpart of the Southeast Quarter of Section 9, Township 7 South, Range 13West, in Black Township, Posey County, Indiana, being more particularlydescribed as follows:

 

Commencingat the Northeast corner of the Southeast Quarter of said Section 9, thencealong the north line of said quarter section, South 89 degrees 48 minutes 03seconds West 373.82 feet to the west line of an existing railroad right of-way,being the Point of Beginning; thence along said west line of the railroadright-of-way, South 00 degrees 00 minutes 00 seconds East 8.07 feet to thenorth right-of-way line of Port Road # 570; thence along said northright-of-way line, South 89 degrees 57 minutes 39 seconds West 127.96 feet tothe east right-of-way line of relocated Southwind Port Road; thence along saideast right-of-way line North 00 degrees 12 minutes 56 seconds West 513.99 feetto the point of curvature of a curve to the right, concave to the east having acentral angle of 16 degrees 26 minutes 11 seconds and a radius of 600.00 feetfrom which the chord bears North 08 degrees 00 minutes 10 seconds East 171.53feet; thence along said east right-of-way line along the arc of said curve172.12 feet; thence North 16 degrees 13 minutes 15 seconds East 201.98 feet tothe southeasterly right-of-way line of an existing railroad, said point beingon a non-tangent curve to the left, concave to the northwest having a centralangle of 10 degrees 47 minutes 59 seconds and a radius of 592.96 feet, fromwhich the chord bears North 26 degrees 22 minutes 54 seconds East 111.60 feet;thence along said southeasterly right-of-way line of said railroad and alongthe arc of said curve 111.77 feet to the west right-of-way line of an existingrailroad running north-south; thence along said west railroad right-of-wayline, South 00 degrees 00 minutes 00 seconds East 969.62 feet to the point ofbeginning containing 104,374 square feet (2.40 acres).

 

(Note:All Port road and railroad rights-of-way referred to in this description arefor convenience and reference only).

 

E-5

----

 

**Parcel #5** (Easement-revised)

 

Non-exclusiveRights of Ingress and Egress to and from the nearest public roads over existingroads within the Port as may be granted and changed by the Indiana PortCommission as created within the unrecorded Lease Agreement dated October 31,2006 by and between the Indiana Port Commission and Aventine RenewableEnergy-Mt Vernon, LLC, the leasehold interest further placed of record by aMemorandum of Lease by and between the Indiana Port Commission and AventineRenewable Energy-Mt Vernon, LLC, recorded January 30, 2007 as Instrument No. 200700454.

 

**Parcel #6** (Easement-revised)

 

Non-exclusiveRights of Ingress and Egress to and from all public wharves, docks and relatedfacilities serving the Port and existing railroads within the Port as may begranted and changed by the Indiana Port Commission as created within theunrecorded Lease Agreement dated October 31, 2006 by and between theIndiana Port Commission and Aventine Renewable Energy-Mt Vernon, LLC, theleasehold interest further placed of record by a Memorandum of Lease by andbetween the Indiana Port Commission and Aventine Renewable Energy-Mt Vernon,LLC, recorded January 30, 2007 as Instrument No. 200700454.

 
| **To:**    | **Aventine Renewable Energy-Mt Vernon, LLC, Aventine  Renewable Energy Holdings,** |
|------------|------------------------------------------------------------------------------------|
| ** ** | **Inc., Indiana Port Commission (client)**                                         |
| ** ** | **JPMorgan Chase Bank, N.A., as Administrative Agent (lender)**                    |
|       | **First American Title Insurance Company**                                         |

 

Theundersigned certifies that to the best of his professional knowledge,information and belief, this map or plat and the Survey on which it is basedwhere made on the date shown below of the premises specifically described inFirst American Title Insurance Company Commitment No. NCS-259759-NY, datedOctober 29, 2006, further:

 

Thisis to certify that this map or plat and the survey on which it is based weremade in accordance with **the “Minimum StandardDetail Requirements for ALTA/ACSM Land Title Surveys,”** jointlyestablished and adopted by ALTA and NSPS in 2005, and includes items1,2,3,4,6,7a,7c,8,9,10,11a,12 and 13 of Table A thereof. Pursuant to theAccuracy Standards as adopted by ALTA and NSPS and in effect on the date ofthis certification, undersigned further certifies that in my professionalopinion, as a land surveyor registered in the State of Indiana, the maximumRelative Positional Accuracy of this survey does exceed that which is specifiedtherein.

 
| Date:  | June 13, 2008 |   |                                 | /s/ Danny K. Leek |
|--------|---------------|--------|--------------------------------------|-------------------|
|   |          |   |                                 |
|   |          |   | Dan K. Leek PLS                      |
|   |          |   | Indiana Registration No. S 0480      |
|   |          |   | Morley and Associates Inc.           |
|   |          |   | 4800 Rosebud Lane                    |
|   |          |   | Newburgh, In 47630                   |
|   |          |   | Telephone No. (812) 464-9585         |
|   |          |   |                                 |
|   |          |   | Field Work Completed:                |
|   |          |   |                                 |
|   |          |   | Date of Last Revision: June 11, 2008 |

 

E-6

----