Exhibit 10.28
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STATE OF KANSAS}
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[SEAL: REGISTER OF DEEDS]
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ANDERSON COUNTY} S.S.
Fee
$20.00
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This Instrument was filed for Record
on this 27th day of
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Entered in Transfer Record in my
office this 27 th day of
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Dec. A.D. 2005 at
2:55 P.M. and duly Recorded Book 164 of
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December 2005
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Deeds on Page 88
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/s/Phyllis Gettler
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/s/ Sandra J. Baugher
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County Clerk
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REGISTER OF DEEDS
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By
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/s/ Connie S. Prine
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Deputy
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WARRANTY DEED
THIS WARRANTY DEED
, made as of December 20, 2005,
by and between. EAST KANSAS AGRI-ENERGY, L.L.C., a Kansas
limited liability company duly organized and existing udder the
laws of the State of Kansas, and having its principal place of
business at 210 ½ East 4th Avenue, Garnett, Kansas, party of
the first part, and the CITY OF GARNETT, KANSAS , a
municipal corporation duly organized and existing under the laws of
the State of Kansas, and having its principal place of business at
131 W. 5th Avenue, Garnett Kansas 66032, party of the second
part.
WITNESSETH: THAT SAID PARTY OF
THE FIRST PART , in
consideration of the sum of TEN DOLLARS ($10.00) and other
good and valuable consideration, the receipt of which is hereby
acknowledged, does by these presents WARRANT AND CONVEY ,
unto the party of the second part, its municipal successors and
assigns, all of the following described REAL ESTATE situated
in the County of Johnson and State of Kansas, to-wit:
See attached
Exhibit A.
SUBJECT, HOWEVER TO THE FOLLOWING
PERMITTED ENCUMBRANCES :
as of any particular time (a) liens for ad valorem taxes and
special assessments not then delinquent, (b) the Future
Advance Mortgage in favor of Home Federal Savings Bank, as lender,
recorded in Book 210 MTG at Page 10, as supplemented and
amended, (c) the Trust Indenture dated as of December 1,
2005, by and between the party of the first part and Security
Bank of Kansas City, as trustee, (d) the Lease Agreement dated
as of December 1, 2005, by and between the party of the first
part and the party of the second part, (e) utility,
access and other easements and rights-of-way, mineral rights,
restrictions, exceptions and encumbrances