EAST KANSAS AGRI-ENERGY, L.L.C. SUBSCRIPTION AGREEMENT Membership Units $1,100 PER UNITSubscription Agreement • April 6th, 2005 • East Kansas Agri Energy LLC • Industrial organic chemicals
Contract Type FiledApril 6th, 2005 Company Industry
CREDIT AGREEMENT dated as of November 23, 2004Credit Agreement • December 16th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
Contract Type FiledDecember 16th, 2004 Company Industry Jurisdiction
OPERATING AGREEMENTOperating Agreement • July 18th, 2002 • East Kansas Agri Energy LLC • Kansas
Contract Type FiledJuly 18th, 2002 Company Jurisdiction
OPTION TO PURCHASEOption to Purchase Agreement • July 18th, 2002 • East Kansas Agri Energy LLC
Contract Type FiledJuly 18th, 2002 Company
Exhibit 10.11 MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT is made and entered into this 12th day of November, 2004, by and between East Kansas Agri- Energy, LLC, a Kansas limited liability company ("OWNER") and UNITED BIO ENERGY MANAGEMENT, LLC, a...Management Agreement • April 6th, 2005 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
Contract Type FiledApril 6th, 2005 Company Industry Jurisdiction
EXHIBIT 10.18 SECURITY AGREEMENT THIS SECURITY AGREEMENT, dated as of November 23, 2004, between EAST KANSAS AGRI-ENERGY, L.L.C., a Kansas limited liability company ("BORROWER"), and HOME FEDERAL SAVINGS BANK ("LENDER"). WHEREAS, Borrower has entered...Security Agreement • December 16th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals
Contract Type FiledDecember 16th, 2004 Company Industry
EXHIBIT 4.3 ESCROW AGREEMENT THIS ESCROW AGREEMENT (this "Agreement") is made this 15th day of April 2005, by and between East Kansas Agri-Energy, L.L.C. a Kansas limited liability company ("EKAE") and the Mission Bank as escrow agent (the "Escrow...Escrow Agreement • April 19th, 2005 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
Contract Type FiledApril 19th, 2005 Company Industry Jurisdiction
LEASE AGREEMENT Dated as of December 1, 2005Lease Agreement • March 31st, 2006 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
Contract Type FiledMarch 31st, 2006 Company Industry JurisdictionTHIS 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;
EXHIBIT 4.3 ESCROW AGREEMENT THIS ESCROW AGREEMENT (this "Agreement") is made this 14th day of November 2002, by and between East Kansas Agri-Energy, L.L.C. a Kansas limited liability company ("EKAE") and Garnett State Savings Bank as escrow agent...Escrow Agreement • December 20th, 2002 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
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TRADING AGREEMENTTrading Agreement • April 6th, 2005 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
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SECTION ONE PERIOD OF OPTIONOption to Purchase Real Property • July 18th, 2002 • East Kansas Agri Energy LLC
Contract Type FiledJuly 18th, 2002 Company
Exhibit 10.2 CONSULTING AGREEMENT THIS CONSULTING AGREEMENT (the "Agreement") is made effective as of the 1st day of July 2002, (the "Effective Date") by and between VALUE ADD VENTURES, LLC of Volga, South Dakota, a South Dakota limited liability...Consulting Agreement • July 18th, 2002 • East Kansas Agri Energy LLC • Kansas
Contract Type FiledJuly 18th, 2002 Company Jurisdiction
AGREEMENT BETWEEN OWNER AND DESIGN/BUILDER ON THE BASIS OF A STIPULATED PRICEDesign/Build Agreement • November 15th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
Contract Type FiledNovember 15th, 2004 Company Industry JurisdictionTHIS AGREEMENT is made and entered into this 9th day of August, 2004 by and between East Kansas Agri-Energy, LLC, a Kansas limited liability company (hereinafter called OWNER) and ICM, Inc., a Kansas corporation (hereinafter called DESIGN/BUILDER).
Exhibit 10.14 DISTILLER'S GRAINS MARKETING AGREEMENT THIS AGREEMENT (this "Agreement"), made and entered into this 12th of November, 2004, by and between East Kansas Agri-Energy, LLC, a Kansas limited liability company ("EKAE"), and United Bio Energy...Distiller's Grains Marketing Agreement • April 6th, 2005 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
Contract Type FiledApril 6th, 2005 Company Industry Jurisdiction
Exhibit 10.12 RAW GRAINS AGREEMENT THIS RAW GRAINS MARKETING AGREEMENT (this "Agreement"), made and entered into this 12TH of November, 2004, by and among East Kansas Agri-Energy, LLC, a Kansas limited liability company ("EKAE"), and United Bio Energy...Raw Grains Marketing Agreement • April 6th, 2005 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
Contract Type FiledApril 6th, 2005 Company Industry Jurisdiction
RECITALS:Disbursing Agreement • December 16th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals • Minnesota
Contract Type FiledDecember 16th, 2004 Company Industry Jurisdiction
Exhibit 10.13 ETHANOL AGREEMENT THIS ETHANOL AGREEMENT (this "Agreement"), made and entered into this 12th day of November, 2004, by and among East Kansas Agri-Energy, LLC, a Kansas limited liability company ("EKAE"), and United Bio Energy Fuels, LLC,...Ethanol Agreement • April 6th, 2005 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
Contract Type FiledApril 6th, 2005 Company Industry Jurisdiction
MASTER AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 14th, 2006 • East Kansas Agri Energy LLC • Industrial organic chemicals • Minnesota
Contract Type FiledAugust 14th, 2006 Company Industry JurisdictionTHIS 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”).
Exhibit 10.23 Page 1 Real Estate Contract City of Garnett - East Kansas Agri- Energy L.L.C. REAL ESTATE CONTRACT THIS CONTRACT made and entered into this 16th day of February, 2005 by and between City of Garnett, Kansas, a Kansas Municipal...Real Estate Contract • April 6th, 2005 • East Kansas Agri Energy LLC • Industrial organic chemicals
Contract Type FiledApril 6th, 2005 Company Industry
EXHIBIT 10.11 MANAGEMENT AGREEMENT* THIS MANAGEMENT AGREEMENT is made and entered into this 12th day of November, 2004, by and between East Kansas Agri- Energy, LLC, a Kansas limited liability company ("OWNER") and UNITED BIO ENERGY MANAGEMENT, LLC, a...Management Agreement • December 16th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
Contract Type FiledDecember 16th, 2004 Company Industry Jurisdiction
AGREEMENTSales Contract • November 14th, 2005 • East Kansas Agri Energy LLC • Industrial organic chemicals
Contract Type FiledNovember 14th, 2005 Company IndustryAgreement 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, 2005Tax Abatement Agreement • March 31st, 2006 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
Contract Type FiledMarch 31st, 2006 Company Industry JurisdictionTHIS 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 RENTSFuture Advance Mortgage and Security Agreement • August 14th, 2006 • East Kansas Agri Energy LLC • Industrial organic chemicals
Contract Type FiledAugust 14th, 2006 Company IndustryTHIS 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”).
March 9, 2004 Bill Pracht, President East Kansas Agri-Energy, LLC Garnett, KS 66032 RE: Agency Authorization Agreement Dear Mr. Pracht:Agency Authorization Agreement • May 17th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals
Contract Type FiledMay 17th, 2004 Company IndustryEast 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 AGREEMENTEscrow Agreement • March 30th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals
Contract Type FiledMarch 30th, 2004 Company IndustryTHIS 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 952 473-1224Project Agreement • May 17th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
Contract Type FiledMay 17th, 2004 Company Industry JurisdictionThe 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).
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...u.s. Water Services Agreement • April 6th, 2005 • East Kansas Agri Energy LLC • Industrial organic chemicals
Contract Type FiledApril 6th, 2005 Company IndustryThis 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
OPTION TO PURCHASEOption to Purchase • May 17th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals
Contract Type FiledMay 17th, 2004 Company IndustryAgreement 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
Contract Type FiledAugust 15th, 2005 Company Industry Jurisdiction
GRANT OF EASEMENT AND RIGHT OF WAYGrant of Easement and Right of Way • August 15th, 2005 • East Kansas Agri Energy LLC • Industrial organic chemicals
Contract Type FiledAugust 15th, 2005 Company IndustryThis 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 AGREEMENTUnit Purchase and Redemption Agreement • November 15th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
Contract Type FiledNovember 15th, 2004 Company Industry JurisdictionTHIS 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.
EMPLOYMENT AGREEMENTEmployment Agreement • March 30th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas
Contract Type FiledMarch 30th, 2004 Company Industry JurisdictionTHIS 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 PURCHASEOption to Purchase Agreement • March 30th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals
Contract Type FiledMarch 30th, 2004 Company IndustryAgreement 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, 2006Termination Agreement • April 2nd, 2007 • East Kansas Agri Energy LLC • Industrial organic chemicals
Contract Type FiledApril 2nd, 2007 Company Industry
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
Contract Type FiledAugust 14th, 2006 Company Industry JurisdictionTHIS 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”).