exv10w4



 









Exhibit 10.4




OPTION




THIS
OPTION TO PURCHASE granted this
12th day of April, 2006, by Dale Kout, a
single person; Leo Kout and Paula Kout, husband and wife; and Bill Kout and Julianne Kout, husband
and wife, party of the first part, to Homeland Energy Solutions, LLC an Iowa Limited Liability
Company, having its principal place of business at 951 North Linn Avenue, New Hampton, Iowa 50659,
party of the second part.



WITNESSETH that in consideration of the agreements and conditions herein contained, and the sum of
Five Thousand Dollars ($5,000.00) which is consideration for the option only, paid by the said
party of the second part to the said party of the first part, the receipt whereof is hereby
acknowledged, the party of the first part hereby grants unto the party of the second part the
exclusive right, at the option of the party of the second part, for and during the period until
April 1, 2007, to purchase the following tract or parcel of land, or a portion thereof (hereinafter
referred to as “the premises”), situated in the County of Chickasaw, State of Iowa, to-wit:




The Northeast Quarter (NE 1/4) and the Northwest Quarter (NW 1/4) of the Southeast
Quarter (SE 1/4) and all that part of the East One-Half (E 1/2) of the Southeast
Quarter (SE 1/4) lying north of the Chicago Milwaukee St. Paul & Pacific Railroad in
Section 1, Township 95 North, Range 12 West of the 5th P.M., except the
South Sixty Acres thereof, more or less



AND





The Southwest Quarter (SW 1/4) of the Northwest Fractional Quarter (NW frl. 1/4) and
all that part of the North One-Half (N 1/2) of the Southwest Fractional Quarter (SW
frl. 1/4) lying north of the Chicago Milwaukee St. Paul & Pacific Railroad in
Section 6, Township 95 North, Range 11 West of the 5th P.M.



All of the foregoing is subject to a legal description based on an actual site survey. Said site
survey shall be obtained at the sole cost and expense of the party of the second part.



It is understood and agreed that the party of the first part upon the signing of this Option, does
immediately grant the party of the second part the right and privilege without liability, to enter
upon the premises herein described, by foot and/or vehicle, to obtain soil borings, samples, and
make other tests, land and archaeological surveys, as said party of the second part deems necessary
to determine the suitability of the premises for the use and type of construction proposed. All
such operations shall be conducted so as to cause the least interference with farming operations
being conducted on the premises.



In the event of the exercise of this Option, the party of the second part shall have the obligation
to purchase that portion of the premises specified in the election for the same price per acre as
paid for any previous property purchased from the party of the first part pursuant to any option
between the two parties, plus an additional five percent (5%) for each year since the first
purchase. Any purchase made under the terms of this option shall be at least twenty (20) acres in
size.



It is further understood that in the event that party of the second part exercises its option to
purchase the property that the party of the second part, in addition to payment of the purchase
price specified herein, shall make all relocation payments and render all relocation assistance to,
for, or on behalf of the party of the first part as may be required, if such be the case, by
federal or state law.



This transaction shall be closed no later than 90 days after the date upon which the party of the
second part gives written notice to the party of the first part of its election to exercise this
option to purchase. This
transaction will be closed at the office of the Buyer’s attorney or at such other date or place
that is mutually agreeable to the parties.



 









 





This option is governed by the laws of the State of Iowa, and any court action which may be taken
by either party as a result of this Option shall be resolved within the jurisdiction of Chickasaw
County, Iowa.



All notices to either party hereunder shall be effective only when made in writing and deposited,
postage and/or feeds prepaid, in the U.S. Mail, via certified or registered mail, return receipt
requested, and addressed to the party as follows:



	 	 	 	 	 	 	 
	If for the party of the first part:

	 	 	 	If for the party of the second part:	 	 
	 

	 	 	 	 	 	 
	Bill Kout

	 	 	 	Homeland Energy Solutions, LLC	 	 
	2902 Ridgeway Lane

	 	 	 	951 North Linn Avenue	 	 
	Lawler, IA 52154

	 	 	 	New Hampton, IA 50659
	 	 






The party of the first part hereby agrees to execute an affidavit and/or memorandum of this option
to purchase upon request and as may be determined reasonably necessary by the party of the second
part, and further consents to the recording of such instrument with the county recorder.



The party of the first part, upon exercise of the Option and payment of the balance of the purchase
price, agrees to execute and deliver to the party of the second part a Warranty Deed, conveying the
premises free and clear of all liens and encumbrances, except public roads, restrictions of record
and taxes not due and payable to the party of the second part. This agreement shall be binding
upon the parties hereto, their heirs, executors, administrators, successors, and assigns.



In the event that this Option is not exercised, then the party of the first part shall retain all
payments made by the party of the second part as liquidated damages, and the party of the second
part shall remove all its facilities from the premises and restore the surface to as near as
possible its pre-disturbed condition.



Party of the second part shall pay party of the first part for damages to crops, fences, and other
physical improvements damages as a result of its exploratory work on the premises. In the event
that the Option is exercised and possession is required by party of second part prior to crop
harvest, then party of second part shall pay party of the first part for standing crops.



Said option may be extended by said party of the second part for nine successive periods of one
year upon the additional payment of the sum of five thousand dollars ($5,000.00) for each year,
prior to the expiration of the option. In the event of the exercise of the Option, the additional
payments made for extension of the Option shall be applied to the purchase price of the premises.
In the event party of the second part does not elect purchase all of the remaining land owned by
party of the first part, the Option may still be continued for successive periods by party of the
second part upon the additional payment of the sum of five thousand dollars ($5,000.00) per year.



In the event the party of the first part wishes to utilize a tax-free exchange pursuant to Section
1031 of the Internal Revenue Code, party of the second part agrees to cooperate and execute
whatever documents may be necessary for purposes of the tax free exchange.



IN WITNESS WHEREOF, the party of the first part have hereunto set their hands and seals the day and
year first above written.



	 	 	 	 	 	 	 
	/s/ Dale Kout
 

Dale Kout

	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	/s/ Leo Kout

	 	 	 	/s/ Paula Kout	 	 
	 

	 	 	 	 	 	 
	Leo Kout

	 	 	 	Paula Kout	 	 
	 
	 	 	 	 	 	 
	/s/ Bill Kout

	 	 	 	/s/ Julianne Kout	 	 
	 

	 	 	 	 	 	 
	Bill Kout

	 	 	 	Julianne Kout
	 	 






 









 





INDIVIDUAL ACKNOWLEDGEMENT




STATE OF IOWA, COUNTY OF CHICKASAW, ss:




     On this 12 day of April, 2006, before me personally appeared Dale Kout, a single
person, to me known to be the persons named in and who executed the foregoing instrument and
acknowledged that they executed the same as their voluntary act and deed.



	 	 	 	 	 	 	 	 	 
	[SEAL

	 	KENNETH R. BENNING ]
	 	 	 	/s/ Kenneth R. Benning	 	 
	 

	 	 	 	 	 	 	 	 
	[

	 	Commission Number 106227]
	 	 	 	Notary Public in the State of Iowa	 	 
	[

	 	My Comm. Exp. 1-18-2008 ]
	 	 	 	My Commission Expires 1-18-2008
	 	 






STATE OF IOWA, COUNTY OF CHICKASAW, ss:




     On this 12 day of April, 2006, before me personally appeared Leo Kout and Paula Kout,
husband and wife, to me known to be the persons named in and who executed the foregoing instrument
and acknowledged that they executed the same as their voluntary act and deed.



	 	 	 	 	 	 	 	 	 
	[SEAL

	 	KENNETH R. BENNING ]
	 	 	 	/s/ Kenneth R. Benning	 	 
	 

	 	 	 	 	 	 	 	 
	[

	 	Commission Number 106227]
	 	 	 	Notary Public in the State of Iowa	 	 
	[

	 	My Comm. Exp. 1-18-2008 ]
	 	 	 	My Commission Expires 1-18-2008
	 	 






STATE OF IOWA, COUNTY OF CHICKASAW, ss:




     On this 12 day of April, 2006, before me personally appeared Bill Kout and Julianne
Kout, husband and wife, to me known to be the persons named in and who executed the foregoing
instrument and acknowledged that they executed the same as their voluntary act and deed.



	 	 	 	 	 	 	 	 	 
	[SEAL

	 	KENNETH R. BENNING ]
	 	 	 	/s/ Kenneth R. Benning	 	 
	 

	 	 	 	 	 	 	 	 
	[

	 	Commission Number 106227]
	 	 	 	Notary Public in the State of Iowa	 	 
	[

	 	My Comm. Exp. 1-18-2008 ]
	 	 	 	My Commission Expires 1-18-2008