OPERATING AGREEMENT OF NEK-SEN ENERGY, LLC Dated: Effective October 7, 2005Operating Agreement • May 25th, 2006 • Nek-Sen Energy LLC • Kansas
THIS OPERATING AGREEMENT (the “Agreement”) is entered into effective as of the 7th day of October, 2005, by and among NEK-SEN Energy, LLC, a Kansas limited liability company (the “Company”), each of the Persons identified as Members on attached Exhibit “A,” and any other Persons that may from time-to-time be subsequently admitted as Members of the Company in accordance with the terms of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meaning set forth in Section 1.10.
OPTION AGREEMENT FOR PURCHASE OF REAL PROPERTYOption Agreement • May 25th, 2006 • Nek-Sen Energy LLC • Kansas
THIS OPTION AGREEMENT (“Agreement”) is made and entered into this the 3rd day of May, 2006, by Robert K. Eis, Sr., Robert Kenneth Eis, Jr. and Victoria S. Eis, husband and wife, (hereinafter “Seller”), and NEK-SEN Energy, LLC, a Kansas limited liability company, (hereinafter “Purchaser”).
AGENCY AUTHORIZATION AGREEMENTAgency Authorization Agreement • May 25th, 2006 • Nek-Sen Energy LLC • Minnesota
NEK-SEN Energy, LLC (“Client”), 205 South 8th Street, Suite #2, Sabetha, KS 66534, desires to engage the services of U.S. Energy Services, Inc. (“U.S. Energy”), 1000 Superior Blvd, Suite 200, Wayzata, MN 55391, to manage its energy supplies for its facilities.
CONSULTING AGREEMENTConsulting Agreement • May 25th, 2006 • Nek-Sen Energy LLC • Kansas
This Consulting Agreement (the “Agreement”) is made this 6th day of March, 2006 (the “Effective Date”), by and between BioEnergy Capital Consultants, LLC, a South Dakota limited liability company, with an address of 44095 212th Street, Lake Preston, South Dakota 57249 (“BioEnergy”), and NEK-SEN Energy, LLC, a Kansas limited liability company, with an address of 205 South 8th Street, Sabetha, Kansas 66534 (“Client”).
AMENDMENT TO OPTION TO PURCHASE REAL ESTATEOption to Purchase Real Estate • May 25th, 2006 • Nek-Sen Energy LLC
THIS AMENDMENT TO OPTION TO PURCHASE REAL ESTATE (the “Amendment”) is made and entered into as of May 13th, 2006, by and between NEK-SEN ENERGY, LLC, a Kansas limited liability company (“Grantee”), and REESMAN INVESTMENT CORPORATION, a Nebraska corporation (“Grantor”). It amends that certain Option to Purchase Real Estate executed by Grantor and Grantee as of May 10, 2006 (hereinafter referred to as the “Option”), relating to certain real estate situated in Richardson County, Nebraska and legally described on EXHIBIT A attached hereto.
OPTION TO PURCHASE REAL ESTATEOption to Purchase Real Estate • May 25th, 2006 • Nek-Sen Energy LLC
Reesman Investment Corporation, a Nebraska Corporation, GRANTOR, whether one or more, for valuable consideration, hereby give and grant unto NEK-SEN Energy, LLC, GRANTEE, the option to purchase the following described real estate situated in Richardson County, Nebraska:
CONSULTING AGREEMENTConsulting Agreement • May 25th, 2006 • Nek-Sen Energy LLC • Kansas
THIS CONSULTING AGREEMENT (the “Agreement”) is made the twelfth day of September, 2005 (the “Effective Date”), by and between Pro-Vision Development Corporation of Eldora, Iowa (“Pro-Vision”) and NEK-SEN Energy Partners, of Sabetha, Kansas, a Kansas Partnership (“Client”).
OPTION AGREEMENT FOR PURCHASE OF REAL PROPERTYOption Agreement • May 25th, 2006 • Nek-Sen Energy LLC • Kansas
THIS OPTION AGREEMENT (“Agreement”) is made and entered into this the 10th day of May, 2006, by Charles A. Smith and Leattrice Ann Smith husband and wife, (hereinafter “Seller”) and NEK-SEN Energy, LLC, a Kansas limited liability company, (hereinafter “Purchaser”).
NEK-SEN ENERGY, LLC SUBSCRIPTION AGREEMENT Limited Liability Company Membership Units $1,000.00 per Unit Minimum Investment of 25 Units ($25,000) 1 Unit Increments Thereafter ($1,000)Subscription Agreement • May 25th, 2006 • Nek-Sen Energy LLC
The undersigned subscriber (hereafter sometimes referred to as “you” or the “Subscriber”), desiring to become a member of NEK-SEN Energy, LLC, a Kansas limited liability company, with its principal place of business at 205 South 8th Street, Suite 2, Sabetha, Kansas 66534 (hereafter sometimes referred to as “we” or “NEK-SEN”), hereby subscribes for the purchase of the membership interests of NEK-SEN, and agrees to pay the related purchase price, identified below.
ESCROW AGREEMENTEscrow Agreement • May 25th, 2006 • Nek-Sen Energy LLC • Iowa
This Escrow Agreement (the “Agreement”) dated as of May 9, 2006 is by and between, NEK-SEN Energy, LLC, a Kansas limited liability company (the “Company”) and United Bank And Trust, Sabetha, Kansas (the “Escrow Agent”) (the “Escrow Agent” and the “Company” may also be hereinafter referred to as the “Parties”).
OPTION TO PURCHASE REAL ESTATEOption to Purchase Real Estate • May 25th, 2006 • Nek-Sen Energy LLC
Phebe H. Lee and Stanley W. Lee, wife and husband, Sara Maxwell and Robert W. Maxwell, wife and husband, Craig D. Lee and Susan Kitahara Lee, husband and Wife, Scott B. Lee and Eghsapeth Elizabeth Aghbashian, husband and wife, Melissa L. Hortik and Dale H. Hortik, wife and husband, Virginia Larson and Mark R. Larson, wife and husband a married woman dealing with her separate estate[/s/ VL], and Jeanette Maxwell, a single person, GRANTOR, whether one or more, for valuable consideration, hereby give and grant unto NEK-SEN Energy, LLC, GRANTEE, the option to purchase the following described real estate situated in Richardson County, Nebraska:
AGREEMENT AND PLAN OF MERGERMerger Agreement • May 25th, 2006 • Nek-Sen Energy LLC
THIS AGREEMENT AND PLAN OF MERGER (the “Plan and Agreement”) is hereby adopted and entered into this 28th day of November, 2005, by and between NEK-SEN ENERGY PARTNERS, a Kansas general partnership (the “Partnership”), and NEK-SEN ENERGY, LLC, a Kansas limited liability company (the “Company”), said entities also collectively referred to in this Plan and Agreement as the “Constituent Entities.”
Agriculture Products Development Division Award and Security AgreementAward and Security Agreement • May 25th, 2006 • Nek-Sen Energy LLC • Kansas
This agreement is dated as of the 22th day of June, 2005, between NEK-SEN Energy Partners hereafter referred to as the “Partnership” and the Agricultural Products Development Division of the Kansas Department of Commerce, hereafter referred to as “Commerce”. The award identification number is 2006-05.
FIRST AMENDMENT TO THE OPERATING AGREEMENT OF NEK-SEN ENERGY, LLCOperating Agreement • May 25th, 2006 • Nek-Sen Energy LLC
THIS FIRST AMENDMENT TO THE OPERATING AGREEMENT OF NEK-SEN ENERGY, LLC is adopted and approved effective as of the 3rd day of April, 2006 pursuant to the Kansas Limited Liability Company Act and Section 8.1 of the Operating Agreement (the “Operating Agreement”) of NEK-SEN Energy, LLC (the “Company”).
OPTION TO PURCHASE REAL ESTATEOption to Purchase Real Estate • May 25th, 2006 • Nek-Sen Energy LLC
Dennis L. Hullman and Cheryl A. Hullman, husband and wife, GRANTOR, whether one or more, for valuable consideration, hereby give and grant unto NEK-SEN Energy, LLC, GRANTEE, the option to purchase the following described real estate situated in Richardson County, Nebraska:
