Exhibit
10.10


 


OPTION TO  PURCHASE


 


Agreement made
this 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”.


 


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


 


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


 


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


 


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


 


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


 


(4) Purchaser
shall exercise this option to purchase by delivering a written notice of intent
to exercise the option to the Owner at his residence in Garnett, Kansas, no
later than five o’clock p.m. (5:00 p.m.) on September 1, 2004. Owner and
Purchaser shall thereafter enter into a binding contract for the sale and
purchase of the tract of real estate describes herein, which contract shall
provide for a closing date and other essential terms to the contract.


 


(5) The
contract for the sale of this real estate shall contain the following
provisions:


 


(A) The cost
of surveying the tract to be purchased together with all title insurance shall
be paid by Purchaser.


 


(B) The
purpose of this option to purchase is to provide Purchaser with a tract of
sufficient size to allow the placement of a railroad spur over and across the
tract to provide access from Purchaser’s anticipated Ethanol Plant to the
existing railroad track located in the city of Garnett, Kansas. It is
anticipated that this will require approximately ten (10) acres of ground from
Owner, however, after Purchaser determines the amount of ground required, it
will 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 straight
line running due North and South.


 


(C) Purchaser
will be responsible for replacing the Owner’s West boundary fence at
Purchaser’s expense with a fence approximately equal to
the new fence constructed by City of Garnett Sewer Project, which is also
located on property formerly owned by Owner.


 


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


 


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


 


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


 
















 


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


 


IN WITNESS
WHEREOF, the parties hereto have set their hands on the day and 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 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 was
acknowledged before me this 1st day of July, 2004, by William R. Pracht,
Chairperson of East Kansas Agri-Energy, L.L.C., a Kansas Limited Liability
Company, on behalf of the limited liability company.


 


	
  Term
  Expires:

  	
  /s/ Carol Foltz

  	
   

  
	
  10-31-2007

  	
  Notary Public

  	
  Carol Foltz