**Exhibit10.10**

 

OPTION TOPURCHASE

 

Agreement madethis 1st day of July, 2004, by and between Clarence L. White and Berniece F.White, husband and wife, hereinafter “ Owner”, and East Kansas Agri-Energy,L.L.C., a Kansas Limited Liability Company, hereinafter “Purchaser”.

 

Inconsideration of the sum of $5,000.00 cash in hand paid from Purchaser toOwner, the receipt of which is hereby acknowledged, the parties hereto agree asfollows:

 

(1) Ownergrants, bargains and conveys to Purchaser the option to purchase a tractconsisting of approximately ten (10) acres located in the following describedtract of real property situated in Anderson County, Kansas, to-wit:

 

The SouthwestQuarter (SW/4) of the Southeast Quarter (SE/4) of Section Thirty (30), TownshipTwenty (20) South, Range Twenty (20) East of the Sixth Principal Meridian.

 

(2) Thepurchase price shall be $9,000.00 per acre, based upon the size of the tract asto be determined by survey, with Purchaser to receive credit against thepurchase price for the amount paid for this option as well as the options datedMarch 14, 2002, March 14, 2003, and the one dated March 15, 2004.

 

(3) The termof this option shall run from July 1, 2004, to September 1, 2004.

 

(4) Purchasershall exercise this option to purchase by delivering a written notice of intentto exercise the option to the Owner at his residence in Garnett, Kansas, nolater than five o’clock p.m. (5:00 p.m.) on September 1, 2004. Owner andPurchaser shall thereafter enter into a binding contract for the sale andpurchase of the tract of real estate describes herein, which contract shallprovide for a closing date and other essential terms to the contract.

 

(5) Thecontract for the sale of this real estate shall contain the followingprovisions:

 

(A) The costof surveying the tract to be purchased together with all title insurance shallbe paid by Purchaser.

 

(B) Thepurpose of this option to purchase is to provide Purchaser with a tract ofsufficient size to allow the placement of a railroad spur over and across thetract to provide access from Purchaser’s anticipated Ethanol Plant to theexisting railroad track located in the city of Garnett, Kansas. It isanticipated that this will require approximately ten (10) acres of ground fromOwner, however, after Purchaser determines the amount of ground required, itwill through its survey cause the boundaries of the tract to be squared off,such that the Western boundary of Owner’s remaining property will be a straightline running due North and South.

 

(C) Purchaserwill be responsible for replacing the Owner’s West boundary fence atPurchaser’s expense with a fence approximately equal tothe new fence constructed by City of Garnett Sewer Project, which is alsolocated on property formerly owned by Owner.

 

(D) Purchaserwill also pay to replace the current loafing barn and concrete pad, togetherwith a potable water hydrant and a dusk to dawn pole light. The barn will bemoved to the East of its present site and wall be provided with water andelectric utilities.

 

(6) ThisOption to Purchase cannot be assigned by Purchaser without the written consentof Owner.

 

(7) Time is ofthe essence in the performance of this agreement.

 

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(8) Thisagreement shall be binding upon the heirs, successors and assigns of Owner andPurchaser.

 

IN WITNESSWHEREOF, the parties hereto have set their hands on the day and date abovewritten.

 
| OWNER:                  |        | PURCHASER:                     |                    |
|-------------------------|-------------|--------------------------------|-------------------------|
|                    |        |                           |                    |
|                    |        | EAST KANSAS  AGRI-ENERGY, LLC  |                    |
|                    |        |                           |                    |
| */s/ Clarence T. White* |        | By:                            | */s/ William R. Pracht* |   |
| Clarence T. White       |        | William R. Pracht, Chairperson |                    |
|                    |        |                           |                    |
| */s/ Berniece F. White* |        |                           |                    |
| Berniece F. White       |        |                           |                    |
|                    |        |                           |                    |
|                    |        |                           |                    |
| STATE OF  KANSAS        | )           |                           |                    |
|                    | )  ss: |                           |                    |
| COUNTY OF  ANDERSON     | )           |                           |                    |
|                         |             |                                |                         |  |  |

 

The foregoing instrument was acknowledgedbefore me this 30th day of June, 2004, by Clarence L. White and Berniece F.White, husband and wife.

 
| Term  Expires:      | */s/ Monica M. Wilper*         |   |   |   |
|---------------------|--------------------------------|--------|--------|--------|
| 7-5-06              | Notary Public Monica M. Wilper |   |   |   |
|                |                           |   |   |   |
|                |                           |   |   |   |
| STATE OF  KANSAS    | )                              |   |   |   |
|                | ) ss:                          |   |   |   |
| COUNTY OF  ANDERSON | )                              |   |   |   |

 

The foregoing instrument wasacknowledged before me this 1st day of July, 2004, by William R. Pracht,Chairperson of East Kansas Agri-Energy, L.L.C., a Kansas Limited LiabilityCompany, on behalf of the limited liability company.

 
| Term  Expires: | */s/ Carol Foltz* |        |
|----------------|-------------------|-------------|
| 10-31-2007     | Notary Public     | Carol Foltz |   |
|                |                   |             |  |

 

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