Exhibit
10.9


 


OPTION
TO 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 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
option dated March 14, 2002, and the one dated March 14, 2003.


 


(3) The term of this option shall run from March 15, 2004, to
July 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 July 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 will 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 19th
day of March, 2004, by Clarence L. White and Berniece F. White, husband and
wife.


 


	
  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 of
March, 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

  	
   

  
	
  ###-##-####

  	
  Notary Public