**Exhibit10.9**

 

## OPTIONTO PURCHASE

 

Agreement made this 15th day of March, 2004, by and between Clarence L.White and Berniece E. White, husband and wife, hereinafter “Owner” and EastKansas Agri-Energy, L.L.C., a Kansas Limited Liability Company, hereinafter“Purchaser”.

 

In consideration of the sum of $5,000.00 cash in hand paid fromPurchaser to Owner, the receipt of which is hereby acknowledged, the partieshereto agree as follows:

 

(1) Owner grants, bargains and conveys to Purchaser the option topurchase a tract consisting of approximately ten (10) acres located in thefollowing described tract of real property situated in Anderson County, Kansas,to-wit:

 

The Southwest Quarter (SW/4) of the Southeast Quarter (SE/4) ofSection Thirty (30), Township Twenty (20) South, Range Twenty (20) East ofthe Sixth Principal Meridian.

 

(2) The purchase price shall be $9,000.00 per acre, based upon the sizeof the tract as to be determined by survey, with Purchaser to receive creditagainst the purchase price for the amount paid for this option as well as theoption dated March 14, 2002, and the one dated March 14, 2003.

 

(3) The term of this option shall run from March 15, 2004, toJuly 1, 2004.

 

(4) Purchaser shall exercise this option to purchase by delivering awritten notice of intent to exercise the option to the Owner at his residencein Garnett, Kansas, no later than five o’clock p.m. (5:00 p.m.) on July 1,2004.  Owner and Purchaser shallthereafter enter into a binding contract for the sale and purchase of the tractof real estate describes herein, which contract shall provide for a closingdate and other essential terms to the contract.

 

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

 

(A)        Thecost of surveying the tract to be purchased together with all title insuranceshall be 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 is anticipated that this will requireapproximately ten (10) acres of ground from Owner, however, after Purchaserdetermines the amount of ground required, it will through its survey cause theboundaries of the tract to be squared off, such that the Western boundary ofOwner’s remaining property will bea straight line 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 to the new fenceconstructed by City of Garnett Sewer Project, which is also located on propertyformerly 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 will be provided with water andelectric utilities.

 

(6) This Option to Purchase cannot be assigned by Purchaser without thewritten consent of Owner.

 

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

 

(8) This agreement shall be binding upon the heirs, successors andassigns of Owner and Purchaser.

 

IN WITNESS WHEREOF, the parties hereto have set their hands on the dayand date above written.

 
| 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 acknowledged before me this 19thday of March, 2004, by Clarence L. White and Berniece F. White, husband andwife.

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

 

 
| STATE OF KANSAS    | )     |
|--------------------|-------|
|               | ) ss: |
| COUNTY OF ANDERSON | )     |

 

The foregoing instrument was acknowledged before me this 2nd day ofMarch, 2004, by William R. Pracht, Chairperson of East Kansas Agri-Energy,L.L.C., a Kansas Limited Liability Company, on behalf of the limited liabilitycompany.

 
| Term Expires: | */s/ Carol Foltz* |   |
|---------------|-------------------|--------|
| ###-##-####   | Notary Public     |   |
|               |                   |        |  |

 

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