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Exhibit 10.28

 

STATE OF KANSAS}

 

[SEAL: REGISTER OF DEEDS]

ANDERSON COUNTY} S.S.                             Fee $20.00

 

 

This Instrument was filed for Record on this 27th day of

 

Entered in Transfer Record in my office this 27 th day of

Dec. A.D. 2005 at 2:55 P.M. and duly Recorded Book 164 of

December 2005

Deeds on Page 88

/s/Phyllis Gettler

 

 

 

/s/ Sandra J. Baugher

 

 

 

County Clerk

 

REGISTER OF DEEDS

 

 

 

 

By 

/s/ Connie S. Prine 

 Deputy

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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


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