Common use of WAIVER OF PRESENTMENT AND NOTICE OF DISHONOR Clause in Contracts

WAIVER OF PRESENTMENT AND NOTICE OF DISHONOR. BORROWER and any other person who signs, guarantees or endorses this promissory note, to the extent allowed by law, hereby waives presentment, demand for payment, notice of dishonor, protest, and any notice relating to the acceleration of the maturity of this promissory note. By: /s/ Dxxx Xxx Xxxx Dxxx Xxx Xxxx Chairman of the Board of Governors STATE OF SOUTH DAKOTA ) ) ss. COUNTY OF LAKE ) On this 31st day July, 2002, before me, the undersigned, a Notary Public, personally appeared Dxxx Xxx Xxxx, Chairman of the Board of Governors of Dakota Ethanol, L.L.C., on behalf of said entity, who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. NOTARY PUBLIC My Commission Expires on 07/17/2004 Note Date. July 29, 2002 $9,623,636.88 Maturity Date: September 1, 2011 FOR VALUE RECEIVED, DAKOTA ETHANOL, L.L.C., a South Dakota limited liability company (“BORROWER”) promises to pay to the order of First National Bank of Omaha (“BANK”), at its principal office or such other address as BANK or holder may designate from time to time, the principal sum of Nine Million Six Hundred Twenty Three Thousand Six Hundred Thirty-six and eighty-eight hundredths Dollars ($9,623,636.88), or the amount shown on the BANK’s records to be outstanding, plus interest (calculated on the basis of 360-day year) accruing each day on the unpaid principal balance at the annual interest rates defined below. Absent manifest error, the BANK’s records shall be conclusive evidence of the principal and accrued interest owing hereunder. This promissory note is executed pursuant to a Construction Loan Agreement (“CONSTRUCTION LOAN AGREEMENT”) between BORROWER and BANK dated as of September 25, 2000, as it may have been amended, from time to time. This promissory note is a modification or substitution for the TERM NOTE described therein. All capitalized terms not otherwise defined in this note shall have the meanings provided in the CONSTRUCTION LOAN AGREEMENT.

WAIVER OF PRESENTMENT AND NOTICE OF DISHONOR. BORROWER and any other person who signs, guarantees or endorses this promissory note, to the extent allowed by law, hereby waives presentment, demand for payment, notice of dishonor, protest, and any notice relating to the acceleration of the maturity of this promissory note. PLATTE VALLEY FUEL ETHANOL, LLC, a Nebraska limited liability company By: /s/ Dxxx Xxx Xxxx Dxxx Xxx Xxxx Chairman of the Board of Governors Bxxxx X. Xxxxx, President STATE OF SOUTH DAKOTA NEBRASKA ) ) ss. COUNTY OF LAKE ) On this 31st ___day Julyof , 200220___, before me, the undersigned, a Notary Public, personally appeared Dxxx Xxx Xxxxof PLATTE VALLEY FUEL ETHANOL, Chairman of the Board of Governors of Dakota Ethanol, L.L.C.LLC, on behalf of said entity, who executed the foregoing instrument, and acknowledged that he executed the same as his his, her or their voluntary act and deed. NOTARY PUBLIC My Commission Expires on 07/17/2004 Notary Public Note Date. July 29, 2002 : $9,623,636.88 10,000,000.00 Maturity Date: September 1, 2011 FOR VALUE RECEIVED, DAKOTA PLATTE VALLEY FUEL ETHANOL, L.L.C.LLC, a South Dakota Nebraska limited liability company (“BORROWER”) promises to pay to the order of First National Bank of Omaha (“BANK”), at its principal office or such other address as BANK or holder may designate from time to time, the principal sum of Nine Ten Million Six Hundred Twenty Three Thousand Six Hundred Thirty-six and eighty-eight hundredths No/100 Dollars ($9,623,636.8810,000,000.00), or the amount shown on the BANK’s records to be outstanding, plus interest (calculated on the basis of actual days elapsed in a 360-day year) accruing each day on the unpaid principal balance at the annual interest rates defined below. Absent manifest error, the BANK’s records shall be conclusive evidence of the principal and accrued interest owing hereunder. This promissory note is executed pursuant to a Construction Loan Agreement (“CONSTRUCTION LOAN AGREEMENT”) between BORROWER and BANK dated as of September 25August 22, 20002006, as it may have been amendedwhich, from time to time. This promissory note together will all amendments thereto, is a modification or substitution for collectively called the TERM NOTE described therein“AGREEMENT”. All capitalized terms not otherwise defined in this note shall have the meanings provided in the CONSTRUCTION LOAN AGREEMENT.

WAIVER OF PRESENTMENT AND NOTICE OF DISHONOR. BORROWER and any other person who signs, guarantees or endorses this promissory note, to the extent allowed by law, hereby waives presentment, demand for payment, notice of dishonor, protest, and any notice relating to the acceleration of the maturity of this promissory note. By: By /s/ Dxxx Xxx Xxxx Dxxx Xxx Xxxx Brain Xxxxx Xxxxx Xxxxx, Chairman of the Board of Governors STATE OF SOUTH DAKOTA S. D. ) ) ss. COUNTY OF LAKE Lake ) On this 31st 28 day Julyof March, 20022006, before me, the undersigned, a Notary Public, personally appeared Dxxx Xxx XxxxXxxxx Xxxxx, Chairman of the Board of Governors of Dakota Ethanol, L.L.C., on behalf of said entity, who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. NOTARY PUBLIC My Commission Expires on 07/17/2004 /s/ Illegible Signature 9-22-2007 Notary Public Dakota Ethanol, LLC [Handwritten: Dakota] 2000060491-003 (Repl) Note Date. July 29: March 23, 2002 2006 $9,623,636.88 5,000,000.00 Maturity Date: September 1, 2011 FOR VALUE RECEIVED, DAKOTA ETHANOL, L.L.C., a South Dakota limited liability company (““ BORROWER”) promises to pay to the order of First National Bank of Omaha (“BANK”), at its principal office or such other address as BANK or holder may designate from time to time, the principal sum of Nine Five Million Six Hundred Twenty Three Thousand Six Hundred Thirty-six and eighty-eight no hundredths Dollars ($9,623,636.885,000,000.00), or the amount shown on the BANK’s ’S records to be outstanding, plus interest (calculated on the basis of 360-day year) accruing each day on the unpaid principal balance at the annual interest rates defined below. Absent manifest error, the BANK’s records shall be conclusive evidence of the principal and accrued interest owing hereunder. This promissory note is executed pursuant to a Construction Loan Agreement (“CONSTRUCTION LOAN AGREEMENT”) between BORROWER and BANK dated as of September 25, 2000, as it may have been amended, from time to time. This promissory note is a modification or substitution for the TERM NOTE described therein. All capitalized terms not otherwise defined in this note shall have the meanings provided in the CONSTRUCTION LOAN AGREEMENT.

WAIVER OF PRESENTMENT AND NOTICE OF DISHONOR. BORROWER and any other person who signs, guarantees or endorses this promissory noteCONSTRUCTION NOTE, to the extent allowed by law, hereby waives presentment, demand for payment, notice of dishonor, protest, and any notice relating to the acceleration of the maturity of this promissory noteCONSTRUCTION NOTE. Xxx Xxxxx Energy, LLC, a North Dakota limited liability company By: /s/ Dxxx Xxx --------------------------------- Name: Xxxxxxx Xxxx Dxxx Xxx Xxxx Chairman of the Board of Governors Title: President And By: --------------------------------- Name: Xxxxxxx Xxxxxx Title: Tres STATE OF SOUTH DAKOTA North Dakota) ) )ss. COUNTY OF LAKE Xxxxx ) On this 31st 16 day Julyof December, 20022005, before me, the undersigned, a Notary Public, personally appeared Dxxx Xxx Xxxxxxx Xxxx, Chairman President of the Board of Governors of Red Trail Energy, LLC, a North Dakota Ethanol, L.L.C.limited liability company, on behalf of said entity, who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. NOTARY PUBLIC My Commission Expires ---------------------------------------- Notary Public STATE OF North Dakota) )ss. COUNTY OF Xxxxx ) On this 16 day of December, 2005, before me, the undersigned, a Notary Public, personally appeared Xxxxxxx XxXxxx, Tres. of Red Trail Energy, LLC, a North Dakota limited liability company, on 07/17/2004 behalf of said entity, who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. ---------------------------------------- Notary Public EXHIBIT B FIXED RATE NOTE Note Date. July 29: ____________, 2002 2007 $9,623,636.88 27,605,870.00 Maturity Date: September 1____________, 2011 2012 FOR VALUE RECEIVED, DAKOTA ETHANOLRED TRAIL ENERGY, L.L.C.LLC, a South North Dakota limited liability company (“"BORROWER”) "), promises to pay to the order of First National Bank of Omaha (“"BANK”"), at its principal office or such other address as BANK or holder may designate from time to time, the principal sum of Nine Twenty Seven Million Six Hundred Twenty Three and Five Thousand Six Eight Hundred Thirty-six Seventy and eighty-eight hundredths 00/100 Dollars ($9,623,636.8827,605,870.00), or the amount shown on the BANK’s 's records to be outstanding, plus interest (calculated on the basis of actual days elapsed in a 360-day year) accruing each day on the unpaid principal balance at the annual interest rates defined below. Absent manifest error, the BANK’s 's records shall be conclusive evidence of the principal and accrued interest owing hereunder. This promissory note is executed pursuant to a Construction Loan Agreement (“"CONSTRUCTION LOAN AGREEMENT”") between BORROWER and BANK dated as of September 25December 16, 20002005, as it may have been amended(the Construction Loan Agreement, from time to time. This promissory note together with all amendments thereto is a modification or substitution for called the TERM NOTE described therein"AGREEMENT"). All capitalized terms not otherwise defined in this note shall have the meanings provided in the CONSTRUCTION LOAN AGREEMENT.

WAIVER OF PRESENTMENT AND NOTICE OF DISHONOR. BORROWER and any other person who signs, guarantees or endorses this promissory note, to the extent allowed by law, hereby waives presentment, demand for payment, notice of dishonor, protest, and any notice relating to the acceleration of the maturity of this promissory note. By: /s/ Dxxx Xxx Xxxx Dxxx Xxx Xxxx Chairman of the Board of Governors PLATTE VALLEY FUEL ETHANOL, LLC, a Nebraska limited liability company By Bxxxx X. Xxxxx, President STATE OF SOUTH DAKOTA NEBRASKA ) ) ss. COUNTY OF LAKE ) On this 31st ___day Julyof , 200220___, before me, the undersigned, a Notary Public, personally appeared Dxxx Xxx XxxxBxxxx X. Xxxxx, Chairman President of the Board of Governors of Dakota EthanolPLATTE VALLEY FUEL ETHANOL, L.L.C.LLC, on behalf of said entity, who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. NOTARY PUBLIC My Commission Expires on 07/17/2004 Notary Public Note Date. July 29, 2002 $9,623,636.88 : $ Maturity Date: September 1, 2011 FOR VALUE RECEIVED, DAKOTA PLATTE VALLEY FUEL ETHANOL, L.L.C.LLC, a South Dakota Nebraska limited liability company (“BORROWER”) promises to pay to the order of First National Bank of Omaha (“BANK”), at its principal office or such other address as BANK or holder may designate from time to time, the principal sum of Nine Million Six Hundred Twenty Three Thousand Six Hundred Thirty-six and eighty-eight hundredths Dollars ($9,623,636.88$ 00), or the amount shown on the BANK’s records to be outstanding, plus interest (calculated on the basis of actual days elapsed in a 360-day year) accruing each day on the unpaid principal balance at the annual interest rates defined below. Absent manifest error, the BANK’s records shall be conclusive evidence of the principal and accrued interest owing hereunder. This promissory note is executed pursuant to a Construction Loan Agreement (“CONSTRUCTION LOAN AGREEMENT”) between BORROWER and BANK dated as of September 25August 22, 20002006, as it may have been amendedwhich, from time to time. This promissory note together will all amendments thereto, is a modification or substitution for collectively called the TERM NOTE described therein“AGREEMENT”. All capitalized terms not otherwise defined in this note shall have the meanings provided in the CONSTRUCTION LOAN AGREEMENT.