East Kansas Agri Energy LLC Sample Contracts

10 UNIT MINIMUM
Operating Agreement • July 18th, 2002 • East Kansas Agri Energy LLC
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SEAL] [U.S. WATER SERVICES UTILITY CHEMICALS LOGO] FILE COPY COMPLETE WATER TREATMENT SOLUTIONS U.S. Water Services Agreement East Kansas Agri-Energy TERM U.S. Water Services agrees to provide the necessary water treatment chemicals, service program...
East Kansas Agri Energy LLC • April 6th, 2005 • Industrial organic chemicals

This product is used to clean out the mil scale and cutting oils from the cooling system piping. It reduces the likelihood of a bacterial contamination at start up and reduces the amount of foaming that will take place when the tower comes on line. BOILER Boil out 30 gallons 2651bs $ 2.39/lb $ 633.35

CREDIT AGREEMENT dated as of November 23, 2004
Credit Agreement • December 16th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
EAST KANSAS AGRI-ENERGY, L.L.C. SUBSCRIPTION AGREEMENT Membership Units $1,100 PER UNIT
Note and Security Agreement • April 6th, 2005 • East Kansas Agri Energy LLC • Industrial organic chemicals
OPERATING AGREEMENT
Operating Agreement • July 18th, 2002 • East Kansas Agri Energy LLC • Kansas
OPTION TO PURCHASE
Option to Purchase • July 18th, 2002 • East Kansas Agri Energy LLC
LEASE AGREEMENT Dated as of December 1, 2005
Lease Agreement • March 31st, 2006 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas

THIS LEASE AGREEMENT, dated as of December 1, 2005 (the “Lease”), between the CITY OF GARNETT, KANSAS, a municipal corporation organized and existing under the laws of the State of Kansas (the “City”), as lessor, and EAST KANSAS AGRI-ENERGY, L.L.C., a Kansas limited liability company (the “Company”); as lessee;

SECTION ONE PERIOD OF OPTION
East Kansas Agri Energy LLC • July 18th, 2002
TRADING AGREEMENT
Trading Agreement • April 6th, 2005 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
MASTER AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • August 14th, 2006 • East Kansas Agri Energy LLC • Industrial organic chemicals • Minnesota

THIS MASTER AMENDED AND RESTATED CREDIT AGREEMENT is made and entered into as of June 10 2006, by and between EAST KANSAS AGRI-ENERGY, L.L.C., a Kansas limited liability company, (“Borrower”) and HOME FEDERAL SAVINGS BANK, a federally chartered stock savings bank organized under the laws of the United States (“Lender”).

AGREEMENT
Agreement • November 14th, 2005 • East Kansas Agri Energy LLC • Industrial organic chemicals

Agreement made October 11, 2005, between Mike Burns, 12 Lakeridge Drive, Garnett, Anderson County, Kansas, here referred to as seller, whether one or more, and East Kansas Agri-Energy, L.L.C., a limited liability company organized under the laws of the State of Kansas, doing business at 1304 South Main, Garnett, Anderson County, Kansas, here referred to as buyer.

TAX ABATEMENT AGREEMENT Dated as of December 1, 2005
Tax Abatement Agreement • March 31st, 2006 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas

THIS TAX ABATEMENT AGREEMENT, dated as of December 1, 2005 (the “Agreement”), between the CITY OF GARNETT, KANSAS, a municipal corporation organized and existing under the laws of the State of Kansas (the “City”), and EAST KANSAS AGRI-ENERGY, L.L.C., a Kansas limited liability company (the “Company”);

THIRD AMENDMENT TO FUTURE ADVANCE MORTGAGE AND SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT AND ASSIGNMENT OF LEASES AND RENTS
East Kansas Agri Energy LLC • August 14th, 2006 • Industrial organic chemicals

THIS AMENDMENT is made effective as of June , 2006, by and between EAST KANSAS AGRI-ENERGY, L.L.C., a Kansas limited liability company, with an address at 1304 South Main, Garnett, Kansas 66032 (the “Mortgagor”) and HOME FEDERAL SAVINGS BANK, a federal savings bank, with an address at 1016 Civic Center Drive N.W., Rochester, Minnesota 55903 (the “Mortgagee”).

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March 9, 2004 Bill Pracht, President East Kansas Agri-Energy, LLC Garnett, KS 66032 RE: Agency Authorization Agreement Dear Mr. Pracht:
East Kansas Agri Energy LLC • May 17th, 2004 • Industrial organic chemicals

East Kansas Agri-Energy, LLC (EKAE) agrees to engage the services of U.S. Energy Services, Inc. (U.S. Energy) to manage EKAE’s natural gas and electric supply for its facilities. The EKAE facilities are in Garnett Kansas.

FIRST AMENDMENT TO THE ESCROW AGREEMENT
The Escrow Agreement • March 30th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals

THIS FIRST AMENDMENT TO THE ESCROW AGREEMENT BETWEEN EAST KANSAS AGRI-ENERGY, LLC (“EKAE”) AND GARNETT STATE SAVINGS BANK as escrow agent (the “Escrow Agent”) is made and entered into effective as of the 31st day of December, 2003 (the “Effective Date”) by and between EKAE and the Escrow Agent.

Burton, Kansas SERVICES, INC. Office 952 473-4300 Fax 316 835-6507 Fax 952 473-1224
East Kansas Agri Energy LLC • May 17th, 2004 • Industrial organic chemicals • Kansas

The purpose of this letter is to set forth the understanding and agreement between U.S. Energy Services, Inc. (“U.S. Energy”) and East Kansas Agri-Energy LLC (EKAE).

OPTION TO PURCHASE
Option to Purchase • May 17th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals

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”.

CONTRACT FOR SALE OF EQUIPMENT [Hand crossed off and written: May 10]
Contract for Sale of Equipment • August 15th, 2005 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
GRANT OF EASEMENT AND RIGHT OF WAY
Grant of Easement and Right of Way • August 15th, 2005 • East Kansas Agri Energy LLC • Industrial organic chemicals

This Agreement made this 05 day of April, 2005, between the State of Kansas, by and through the Kansas Department of Wildlife and Parks, hereinafter referred to as GRANTOR, and in favor of East Kansas Agri-Energy, LLC, hereinafter refereed to as GRANTEES.

UNIT PURCHASE AND REDEMPTION AGREEMENT
Unit Purchase and Redemption Agreement • November 15th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas

THIS UNIT PURCHASE AND REDEMPTION AGREEMENT, (the “Agreement”) dated September 27, 2004, is made by and between East Kansas Agri-Energy, LLC (the “Company”), ICM, Inc. (“ICM”) and Fagen, Inc. (“Fagen”) for the purpose of setting forth the terms and conditions under which the Company shall issue its membership units (“Units” as further described herein) to ICM and Fagen in exchange for capital contributions from ICM and Fagen and the terms and conditions under which the Company shall redeem such Units from ICM and Fagen.

RECITALS:
Disbursing Agreement • December 16th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals • Minnesota
EMPLOYMENT AGREEMENT
Employment Agreement • March 30th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas

THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of the 10th day of February, 2003, by and between EAST KANSAS AGRI-ENERGY, LLC (“EKAE”) and JILL A. ZIMMERMAN (“Zimmerman”).

OPTION TO PURCHASE
Option to Purchase • March 30th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals

Agreement made this 14th day of March, 2003, 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”.

EKAE Letterhead] December 13, 2006
Management Agreement • April 2nd, 2007 • East Kansas Agri Energy LLC • Industrial organic chemicals
FIRST SUPPLEMENT TO THE MASTER AMENDED AND RESTATED CREDIT AGREEMENT (Term Loans A & B)
Credit Agreement • August 14th, 2006 • East Kansas Agri Energy LLC • Industrial organic chemicals • Minnesota

THIS FIRST SUPPLEMENT TO THE MASTER AMENDED AND RESTATED CREDIT AGREEMENT (“First Supplement”) is made and entered into as of June , 2006, by and between EAST KANSAS AGRI-ENERGY, L.L.C., a Kansas limited liability company, and HOME FEDERAL SAVINGS BANK, a federally chartered stock savings bank. This First Supplement supplements the Master Amended and Restated Credit Agreement between the Lender and the Borrower dated as of even date herewith (as the same may be amended, restated, or otherwise modified (other than by Supplements entered into pursuant to Section 1.02 thereof) from time to time, the “Master Agreement”).

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