EXHIBIT 3.2.3 Amendment No. 2 To the Second Amended and Restated Operating AgreementOperating Agreement • April 30th, 2002 • Husker Ag Processing LLC • Industrial organic chemicals
Exhibit 99.3 PROMISSORY NOTEPromissory Note • July 6th, 2004 • Husker Ag LLC • Industrial organic chemicals
BUSINESS LOAN AGREEMENT ------------------------------------------------------- -------------------------Business Loan Agreement • March 30th, 2004 • Husker Ag Processing LLC • Industrial organic chemicals • Minnesota
Exhibit (3)(ii) Amendment No. 4 to the Husker Ag Processing, LLC Second Amended and Restated Operating AgreementOperating Agreement • March 27th, 2002 • Husker Ag Processing LLC • Industrial organic chemicals
EXHIBIT 10.3 COMMERCIAL SECURITY AGREEMENTCommercial Security Agreement • May 15th, 2003 • Husker Ag Processing LLC • Industrial organic chemicals • Nebraska
EXHIBIT 10.2 CHANGE IN TERMS AGREEMENTChange in Terms Agreement • December 29th, 2003 • Husker Ag Processing LLC • Industrial organic chemicals • Minnesota
1. GRANT OF SECURITY INTEREST. For value received, the undersigned Debtor, whether one or more, grants to Agstar Financial Services, PCA ("Secured ------------------------------ Party"), whose address is 1921 Premier Drive Mankato, Minnesota 58001, a...Security Agreement • May 10th, 2002 • Husker Ag Processing LLC • Industrial organic chemicals
AGREEMENT BETWEEN HUSKER AG PROCESSING, LLC AND THE NEBRASKA DEPARTMENT OF AGRICULTUREGrant Agreement • May 10th, 2001 • Husker Ag Processing LLC
COMMERCIAL SECURITY AGREEMENTCommercial Security Agreement • March 29th, 2002 • Husker Ag Processing LLC • Industrial organic chemicals • Nebraska
SECOND AMENDED AND RESTATED OPERATING AGREEMENTOperating Agreement • March 30th, 2004 • Husker Ag Processing LLC • Industrial organic chemicals • Nebraska
SECOND AMENDED and RESTATED OPERATING AGREEMENT of HUSKER AG, LLC a Nebraska limited liability company THIS OPERATING AGREEMENT CONTAINS RESTRICTIONS ON TRANSFERABILITY OF MEMBERSHIP INTERESTSOperating Agreement • March 31st, 2008 • Husker Ag LLC • Industrial organic chemicals • Nebraska
THIS SECOND AMENDED AND RESTATED OPERATING AGREEMENT (this “Agreement”) is made and entered into as of April 30, 2001 by Husker Ag, LLC (the “Company”), a Nebraska limited liability company.
WHEN RECORDED MAIL TO: STEARNS BANK NATIONAL ASSOCIATION 4191 SO 2ND ST PO BOX 7338 ST CLOUD, MN 56302 FOR RECORDER'S USE ONLY ------------------------------- ------------------------------------------------- CONSTRUCTION DEED OF TRUST THIS DEED OF...Construction Deed of Trust • March 29th, 2002 • Husker Ag Processing LLC • Industrial organic chemicals • Nebraska
LOGO] DBIAStandard Form of Agreement Between Owner and Design-Builder - Lump Sum • March 29th, 2002 • Husker Ag Processing LLC • Industrial organic chemicals
CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • March 29th, 2002 • Husker Ag Processing LLC • Industrial organic chemicals • Minnesota
COMMERCIAL LOAN AGREEMENTCommercial Loan Agreement • May 26th, 2006 • Husker Ag LLC • Industrial organic chemicals
LOAN STRUCTURE. This Commercial Loan Agreement (Agreement) contemplates a revolving multiple advance draw loan in the amount of $5,000,000.00 from Union Bank & Trust Company (hereinafter “Lender”), to Borrower. Borrower may prepay either Loan under the following terms and conditions (any partial prepayment will not excuse any later scheduled payments until the Loan is paid in full): N/A
RISK MANAGEMENT AND ETHANOL MARKETING CONTRACTRisk Management and Ethanol Marketing Contract • April 2nd, 2007 • Husker Ag LLC • Industrial organic chemicals • Nebraska
THIS AGREEMENT is entered into by and among FCStone, LLC (“FCStone”), an Iowa limited liability company with its main office at 2829 Westown Parkway, West Des Moines, Iowa 50266, and Eco-Energy, Inc. (“Eco”) a Tennessee Corporation with its main office located at 730 Cool Springs Blvd. Suite 130, Franklin, Tennessee 37067, and Husker AG, LLC. (HA) with its main office located at 54048 Hwy 20, Plainview, NE 68769.
ETHANOL MARKETING AGREEMENTEthanol Marketing Agreement • March 31st, 2008 • Husker Ag LLC • Industrial organic chemicals • Nebraska
This Ethanol Marketing Agreement (“Agreement”) is made and entered into as of the 3rd day of December, 2007 by and between HUSKER AG, LLC, a Nebraska limited liability company (“Husker”) and AVENTINE RENEWABLE ENERGY, INC., a Delaware corporation (“ARE”) (each a “Party”, and collectively the “Parties”).
EXHIBIT 4.3 ESCROW AGREEMENT This Escrow Agreement is made this 10th day of July, 2001, by and between Husker Ag Processing LLC, a Nebraska limited liability company ("Husker Ag"), and Midwest Bank N.A. d/b/a Plainview National Bank, a Nebraska...Escrow Agreement • July 23rd, 2001 • Husker Ag Processing LLC • Industrial organic chemicals • Nebraska
AGREEMENT BETWEEN OWNER AND DESIGN/BUILDER ON THE BASIS OF A STIPULATED PRICEDesign/Build Agreement • August 14th, 2006 • Husker Ag LLC • Industrial organic chemicals • Kansas
THIS AGREEMENT is made and entered into this 14th day of July, 2006 by and between Husker Ag, LLC, a Nebraska limited liability company_ (hereinafter called OWNER) and ICM, Inc., a Kansas corporation (hereinafter called DESIGN/BUILDER).
AGREEMENTEthanol Production Tax Credit Transfer Agreement • May 15th, 2003 • Husker Ag Processing LLC • Industrial organic chemicals
RISK MANAGEMENT AND ETHANOL MARKETING CONTRACTRisk Management and Ethanol Marketing Contract • March 31st, 2005 • Husker Ag LLC • Industrial organic chemicals • Iowa
THIS AGREEMENT is entered into by and among FCStone, LLC ("FCStone"), an Iowa limited liability company with its main office at 2829 Westown Parkway, West Des Moines, Iowa 50266, and Eco-Energy, Inc. ("Eco"), a Tennessee Corporation with its main office located at 730 Cool Springs Blvd. Suite 130, Franklin, Tennessee 37067, and Husker AG, LLC, (HA), with its main office located at P.O. Box 10, Plainview, NE 68769.
Amendment No. 10 to the Second Amended and Restated Operating AgreementOperating Agreement • August 16th, 2004 • Husker Ag LLC • Industrial organic chemicals
CHANGE IN TERMS AGREEMENTChange in Terms Agreement • September 30th, 2003 • Husker Ag Processing LLC • Industrial organic chemicals • Minnesota
PROMISE TO PAY. HUSKER AG, LLC (“Borrower”) promises to pay to STEARNS BANK NATIONAL ASSOCIATION (“Lender”), or order, in lawful money of the United States of America, the principal amount of Twenty Million & 00/100 Dollars ($20,000,000.00), together with interest on the unpaid principal balance from September 30, 2003, until paid in full.
AMENDMENT NO. 12 TO THE HUSKER AG, LLC SECOND AMENDED AND RESTATED OPERATING AGREEMENTOperating Agreement • November 30th, 2007 • Husker Ag LLC • Industrial organic chemicals
SECURITY INTEREST SUBORDINATION AGREEMENT (Personal Property) ("Lender") ("Subordinating Bank") STEARNS BANK NATIONAL ASSOCIATION STEARNS BANK NATIONAL ASSOCIATION 4191 2ND STREET SOUTH 4191 2ND STREET SOUTH ST. CLOUD, MN 56301 ST. CLOUD, MN 56301 For...Security Interest Subordination Agreement • May 15th, 2003 • Husker Ag Processing LLC • Industrial organic chemicals
MEMBERSHIP INTEREST PURCHASE AGREEMENTMembership Interest Purchase Agreement • May 15th, 2006 • Husker Ag LLC • Industrial organic chemicals • South Dakota
This MEMBERSHIP INTEREST PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of April 30, 2006, by, between and among US BioEnergy Corporation, a South Dakota corporation (“Buyer”), and each of the persons identified on Schedule A attached hereto (collectively referred to herein as the “Sellers” and individually as a “Seller”). Val-E Ethanol, LLC, a Nebraska limited liability company (“Val-E”), has also executed this Agreement and is a party to this Agreement solely for the purpose of acknowledging agreement to the specific provisions identified with respect to Val-E on the signature page of this Agreement. Buyer, Sellers and Val-E (limited as stated) are herein referred to as “Parties” and individually as a “Party” to this Agreement.
EXHIBIT 10.6 RISK MANAGEMENT AND ETHANOL MARKETING CONTRACT THIS AGREEMENT is entered into by and among FCStone, LLC ("FCStone"), an Iowa limited liability company with its main office at 2829 Westown parkway, West Des Moines, Iowa 50266, and...Risk Management and Ethanol Marketing Contract • May 15th, 2003 • Husker Ag Processing LLC • Industrial organic chemicals • Iowa
Amendment No. 11 to the Husker Ag, LLC Second Amended and Restated Operating AgreementOperating Agreement • August 30th, 2005 • Husker Ag LLC • Industrial organic chemicals
RECITALSContract Labor Agreement • August 20th, 2001 • Husker Ag Processing LLC • Industrial organic chemicals • Nebraska
GRAIN PROCUREMENT AGREEMENTGrain Procurement Agreement • August 14th, 2007 • Husker Ag LLC • Industrial organic chemicals • Nebraska
THIS GRAIN PROCUREMENT AGREEMENT (the “Agreement”) is made and entered into as of April 26, 2007, by and between Husker Ag, LLC, a Nebraska limited liability company (“Husker Ag”), and J.E. Meuret Grain Co., Inc., a Nebraska corporation (“Meuret”).
CREDIT AGREEMENTCredit Agreement • April 2nd, 2007 • Husker Ag LLC • Industrial organic chemicals • Nebraska
This Credit Agreement (“Agreement”) dated as of January 5, 2007 by and between Union Bank and Trust Company (“Lender”) and Husker Ag, LLC (“Borrower”), in consideration of credit extended by Lender under the terms and conditions set forth below the parties hereto agree as follows:
SUBSCRIPTION AGREEMENTSubscription Agreement • December 29th, 2005 • Husker Ag LLC • Industrial organic chemicals • Nebraska
The undersigned subscriber (“Subscriber”) understands that Val-E Ethanol, LLC, a limited liability company organized and operating pursuant to the laws of the state of Nebraska (the “Company”), is offering for sale certain Units of Membership Interest (the “Units”) at $5,000 per Unit (the “Offering”).
Husker AG, LLC 54048 Highway 20 Plainview, NE 68769 BORROWER’S NAME AND ADDRESS “I” includes each borrower above, jointly and severally. Union Bank and Trust Company 3643 South 48th Street, PO Box 82535 Lincoln, NE 68501-2535 LENDER’S NAME AND ADDRESS...Loan Agreement • May 26th, 2006 • Husker Ag LLC • Industrial organic chemicals
For value received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL sum of Five Million AND 00/100 Dollars $5,000,000.00.
Type: |_| individual |_| partnership |X| corporation |_| ________________ State of organization/registration (if applicable) SD______________________________ |_| If checked, refer to addendum for additional Debtors and signatures....Commercial Security Agreement • November 6th, 2002 • Husker Ag Processing LLC • Industrial organic chemicals
CHANGE IN TERMS AGREEMENTChange in Terms Agreement • August 14th, 2003 • Husker Ag Processing LLC • Industrial organic chemicals • Minnesota
PROMISE TO PAY. HUSKER AG, LLC (“Borrower”) promises to pay to STEARNS BANK NATIONAL ASSOCIATION (“Lender”), or order, in lawful money of the United States of America, the principal amount of Twenty Million & 00/100 Dollars ($20,000,000.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance.
