Common use of DUAL OBLIGEE RIDER Clause in Contracts

DUAL OBLIGEE RIDER. (TO BE ATTACHED TO BOND AT TIME OF ISSUANCE) TO BE ATTACHED TO AND FORM PART OF Performance and Payment Bond NO. ___, dated concurrently with the execution of this Rider, issued by the ___, a ___corporation, as Surety, on behalf of Fxxxx, Inc., as Principal, and in favor of ___, as Obligee. IT IS HEREBY UNDERSTOOD AND AGREED that the above described bond(s) are hereby amended to include the following paragraph: Notwithstanding anything contained herein to the contrary, there shall be no liability on the part of the Principal or Surety under this bond to the Obligees, or either of them, unless the Obligees, or either of them, shall make payments to the Principal or to the Surety in case it arranges for completion of the Contract upon default of the Principal, strictly in accordance with the terms of said Contract as to payments, and shall perform all the other obligations required to be performed under said Contract at the time and in the manner therein set forth. IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein contained shall be held to change, alter or vary the terms of the above described bond(s) except as hereinbefore set forth. SIGNED, SEALED AND DATED this ___day of ___, 200_. Fxxxx, Inc. (Contractor) By: [ ] (Surety) By: [Name of Project Company] ___ ___,2006 EXHIBIT I Form of Payment Bond PAYMENT BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Fxxxx, Inc. P. O. Bxx 000 Xxxxxxx Xxxxx, XX 00000 OWNER (Name and Address): [NAME AND ADDRESS] CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND # Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond: o None o See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Fxxxx, Inc. Signature: Signature: Name and Title: Name and Title: (Any additional signatures appear an page 2.) (FOR INFORMATION Only—Name, Address and Telephone) OWNER’S REPRESENTATIVE(Architect, Engineer or other party): AGENT or BROKER:

DUAL OBLIGEE RIDER. (TO BE ATTACHED TO BOND AT TIME OF ISSUANCE) TO BE ATTACHED TO AND FORM PART OF Performance and Payment Bond NO. ___, dated concurrently with the execution of this Rider, issued by the ___, a ___corporation, as Surety, on behalf of FxxxxXxxxx, Inc., as Principal, and in favor of ___, as Obligee. IT IS HEREBY UNDERSTOOD AND AGREED that the above described bond(s) are hereby amended to include the following paragraph: Notwithstanding anything contained herein to the contrary, there shall be no liability on the part of the Principal or Surety under this bond to the Obligees, or either of them, unless the Obligees, or either of them, shall make payments to the Principal or to the Surety in case it arranges for completion of the Contract upon default of the Principal, strictly in accordance with the terms of said Contract as to payments, and shall perform all the other obligations required to be performed under said Contract at the time and in the manner therein set forth. IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein contained shall be held to change, alter or vary the terms of the above described bond(s) except as hereinbefore set forth. SIGNED, SEALED AND DATED this ___day of ___, 200_200 . FxxxxXxxxx, Inc. (Contractor) By: [ ] (Surety) By: [Name of Project Company] ___ ___,2006 EXHIBIT I Form of Payment Bond PAYMENT BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Xxxxx, Inc. P. O. Xxx 000 Xxxxxxx Xxxxx, XX 00000 SURETY (Name and Principal Place of Business): Fxxxx, Inc. P. O. Bxx 000 Xxxxxxx Xxxxx, XX 00000 OWNER (Name and Address): [NAME AND ADDRESS] CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND # Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond: o ¨ None o ¨ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) FxxxxXxxxx, Inc. Signature: Signature: Name and Title: Signature: _____________________________________ Name and Title: _________________________________ (Any additional signatures appear an page 2.) (FOR INFORMATION Only—Name, Address and Telephone) OWNER’S REPRESENTATIVE(ArchitectREPRESENTATIVE (Architect, Engineer or other party): AGENT or BROKER:

DUAL OBLIGEE RIDER. (TO BE ATTACHED TO BOND AT TIME OF ISSUANCE) TO BE ATTACHED TO AND FORM PART OF Performance and Payment Bond NO. ___, dated concurrently with the execution of this Rider, issued by the ___, a ___corporation, as Surety, on behalf of FxxxxXxxxx, Inc., as Principal, and in favor of ___, as Obligee. IT IS HEREBY UNDERSTOOD AND AGREED that the above described bond(s) are hereby amended to include the following paragraph: Notwithstanding anything contained herein to the contrary, there shall be no liability on the part of the Principal or Surety under this bond to the Obligees, or either of them, unless the Obligees, or either of them, shall make payments to the Principal or to the Surety in case it arranges for completion of the Contract upon default of the Principal, strictly in accordance with the terms of said Contract as to payments, and shall perform all the other obligations required to be performed under said Contract at the time and in the manner therein set forth. IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein contained shall be held to change, alter or vary the terms of the above described bond(s) except as hereinbefore set forth. SIGNED, SEALED AND DATED this ___day of ___, 200_200 . FxxxxXxxxx, Inc. (Contractor) By: [ ] (Surety) By: [Name of Project Company] ___ ___,2006 EXHIBIT I Form of Payment Bond PAYMENT BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Xxxxx, Inc. Business): Fxxxx, Inc. P. O. Bxx Xxx 000 Xxxxxxx Xxxxx, XX 00000 OWNER (Name and Address): [NAME AND ADDRESS] CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND # Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond: o None o See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) FxxxxXxxxx, Inc. Signature: Signature: Name and Title: Name and Title: (Any additional signatures appear an page 2.) (FOR INFORMATION Only—Name, Address and Telephone) OWNER’S REPRESENTATIVE(ArchitectREPRESENTATIVE (Architect, Engineer or other party): AGENT or BROKER:

DUAL OBLIGEE RIDER. (TO BE ATTACHED TO BOND AT TIME OF ISSUANCE) TO BE ATTACHED TO AND FORM PART OF Performance and Payment Bond NO. ___, dated concurrently with the execution of this Rider, issued by the ___, a ___corporation, as Surety, on behalf of FxxxxXxxxx, Inc., as Principal, and in favor of ___, as Obligee. IT IS HEREBY UNDERSTOOD AND AGREED that the above described bond(s) are hereby amended to include the following paragraph: Notwithstanding anything contained herein to the contrary, there shall be no liability on the part of the Principal or Surety under this bond to the Obligees, or either of them, unless the Obligees, or either of them, shall make payments to the Principal or to the Surety in case it arranges for completion of the Contract upon default of the Principal, strictly in accordance with the terms of said Contract as to payments, and shall perform all the other obligations required to be performed under said Contract at the time and in the manner therein set forth. IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein contained shall be held to change, alter or vary the terms of the above described bond(s) except as hereinbefore set forth. SIGNED, SEALED AND DATED this ___day of ___, 200_200 . FxxxxXxxxx, Inc. (Contractor) By: [ ] (Surety) By: [Name of Project Company] ___ ___,2006 EXHIBIT I Form of Payment Bond PAYMENT BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Xxxxx, Inc. P. O. Xxx 000 Xxxxxxx Xxxxx, XX 00000 SURETY (Name and Principal Place of Business): Fxxxx, Inc. P. O. Bxx 000 Xxxxxxx Xxxxx, XX 00000 OWNER (Name and Address): [NAME AND ADDRESS] CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND # Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond: o None o See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) FxxxxXxxxx, Inc. Signature: Signature: Name and Title: Name and Title: (Any additional signatures appear an page 2.) (FOR INFORMATION Only—Name, Address and Telephone) OWNER’S REPRESENTATIVE(ArchitectREPRESENTATIVE (Architect, Engineer or other party): AGENT or BROKER:

DUAL OBLIGEE RIDER. (TO BE ATTACHED TO BOND AT TIME OF ISSUANCE) TO BE ATTACHED TO AND FORM PART OF Performance and Payment Bond NO. ___, dated concurrently with the execution of this Rider, issued by the ___, a ___corporation, as Surety, on behalf of Fxxxx, Inc., as Principal, and in favor of ___, as Obligee. IT IS HEREBY UNDERSTOOD AND AGREED that the above described bond(s) are hereby amended to include the following paragraph: Notwithstanding anything contained herein to the contrary, there shall be no liability on the part of the Principal or Surety under this bond to the Obligees, or either of them, unless the Obligees, or either of them, shall make payments to the Principal or to the Surety in case it arranges for completion of the Contract upon default of the Principal, strictly in accordance with the terms of said Contract as to payments, and shall perform all the other obligations required to be performed under said Contract at the time and in the manner therein set forth. IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein contained shall be held to change, alter or vary the terms of the above described bond(s) except as hereinbefore set forth. SIGNED, SEALED AND DATED this ____ day of , 200___, 200_. Fxxxx, Inc. (Contractor) By: [ ] (Surety) By: [Name of Project Company] ___ ___,ADVANCED BIOENERGY, LLC March 16, 2006 EXHIBIT I Form of Payment Bond PAYMENT BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Fxxxx, Inc. P. O. Bxx 000 Xxxxxxx Xxxxx, XX 00000 OWNER (Name and Address): [NAME AND ADDRESS] CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND # Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond: o None o See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Fxxxx, Inc. Signature: Signature: Name and Title: Name and Title: (Any additional signatures appear an page 2.) (FOR INFORMATION Only—Name, Address and Telephone) J Work Schedule NUMBER OF DAYS TO BE COMPLETED AFTER OWNER’S REPRESENTATIVE(ArchitectRESPONSIBILITIES NOTICE TO PROCEED Notice to Proceed [*] Storm Water Permits Complete [*] Natural Gas/Propane Supply Agreements Complete [*] Water Supply and Service Agreements Complete [*] Risk Insurance Provider Selected/Fire Protection Requirements Known [*] NPDES Discharge Point Selected [*] Electrical Service [*] Water Pre-Treatment System Design Complete [*] Wastewater Discharge System Complete [*] Operating Permits Complete [*] Discharge Permits Complete [*] Pumphouse/Water Pre-treatment System Complete [*] Fire Protection System Complete [*] Administration Building Complete [*] Paving (Plant Roads) Complete [*] Rail Spur Complete [*] Employees Hired and Ready for Training [*] Natural Gas Pipeline Complete [*] NUMBER OF DAYS TO BE COMPLETED AFTER DESIGN-BUILDER’S RESPONSIBILITIES NOTICE TO PROCEED Substantial Completion 485 Final Completion 575 * Portions omitted pursuant to a request for confidential treatment and filed separately with the SEC. ADVANCED BIOENERGY, Engineer or other party): AGENT or BROKER:LLC March 16, 2006 EXHIBIT K Preliminary Construction Documents To be furnished at a later date per Section 3.2.1 ADVANCED BIOENERGY, LLC March 16, 2006 EXHIBIT L Draw (Payment) Schedule ADVANCED BIO-ENERGY, LLC Fairmont, NE Monthly Draw Schedule — 16 Month Project (485 Days) Previously Month # This Month Completed Total % of Total 1 $ [*] $ [*] $ [*] [*] % 2 $ [*] $ [*] $ [*] [*] % 3 $ [*] $ [*] $ [*] [*] % 4 $ [*] $ [*] $ [*] [*] % 5 $ [*] $ [*] $ [*] [*] % 6 $ [*] $ [*] $ [*] [*] % 7 $ [*] $ [*] $ [*] [*] % 8 $ [*] $ [*] $ [*] [*] % 9 $ [*] $ [*] $ [*] [*] % 10 $ [*] $ [*] $ [*] [*] % 11 $ [*] $ [*] $ [*] [*] % 12 $ [*] $ [*] $ [*] [*] % 13 $ [*] $ [*] $ [*] [*] % 14 $ [*] $ [*] $ [*] [*] % 15 $ [*] $ [*] $ [*] [*] % 16 $ [*] $ [*] $ [*] [*] % $ [*] *** $8,000,000 Mobilization Fee included in 1st Billing * Portions omitted pursuant to a request for confidential treatment and filed separately with the SEC. ADVANCED BIOENERGY, LLC March 16, 2006 EXHIBIT M Construction Permit See Construction Permit attached hereto ADVANCED BIOENERGY, LLC March 16, 2006 M-1 EXHIBIT N Phase I and Phase II Engineering Services Agreement See Phase I and Phase II Engineering Services Agreement attached hereto

DUAL OBLIGEE RIDER. (TO BE ATTACHED TO BOND AT TIME OF ISSUANCE) TO BE ATTACHED TO AND FORM PART OF Performance and Payment Bond NO. __________, dated concurrently with the execution of this Rider, issued by the _______________, a _____________ corporation, as Surety, on behalf of FxxxxXxxxx, Inc., as Principal, and in favor of _________________, as Obligee. IT IS HEREBY UNDERSTOOD AND AGREED that the above described bond(s) are hereby amended to include the following paragraph: Notwithstanding anything contained herein to the contrary, there shall be no liability on the part of the Principal or Surety under this bond to the Obligees, or either of them, unless the Obligees, or either of them, shall make payments to the Principal or to the Surety in case it arranges for completion of the Contract upon default of the Principal, strictly in accordance with the terms of said Contract as to payments, and shall perform all the other obligations required to be performed under said Contract at the time and in the manner therein set forth. IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein contained shall be held to change, alter or vary the terms of the above described bond(s) except as hereinbefore set forth. SIGNED, SEALED AND DATED this ____ day of _____________, 200_. FxxxxXxxxx, Inc. (Contractor) By: [ ] (Surety) By: [Name of Project Company] ___ ___,2006 EXHIBIT I Form of Payment Bond PAYMENT BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Xxxxx, Inc. P. O. Xxx 000 Xxxxxxx Xxxxx, XX 00000 SURETY (Name and Principal Place of Business): Fxxxx, Inc. P. O. Bxx 000 Xxxxxxx Xxxxx, XX 00000 OWNER (Name and Address): [NAME AND ADDRESS] CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND # Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond: o None o See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) FxxxxXxxxx, Inc. Signature: Signature: Name and Title: Signature: Name and Title: (Any additional signatures appear an page 2.) (FOR INFORMATION Only—Name, Address and Telephone) OWNER’S REPRESENTATIVE(ArchitectREPRESENTATIVE (Architect, Engineer or other party): AGENT or BROKER: