Southwest Iowa Renewable Energy, LLC Sample Contracts

AGREEMENT
Operating Agreement • October 23rd, 2008 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals • Iowa
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RECITALS
Security Agreement • January 28th, 2008 • Southwest Iowa Renewable Energy, LLC
RECITALS
Credit Agreement • March 21st, 2008 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals
Southwest Iowa Renewable Energy Amendment No. 01 Contract No. P0607M01032 Funding Agreement 07-HQJC-005 AMENDMENT
Funding Agreement • June 10th, 2008 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals
RECITALS
Environmental Indemnity Agreement • January 28th, 2008 • Southwest Iowa Renewable Energy, LLC • Minnesota
AGREEMENT
Membership Agreement • January 28th, 2008 • Southwest Iowa Renewable Energy, LLC • Iowa
VALUE-ADDED AGRICULTURAL PRODUCT MARKET DEVELOPMENT (VAPG) GRANT AGREEMENT
Grant Agreement • January 28th, 2008 • Southwest Iowa Renewable Energy, LLC

This Grant Agreement (Agreement) dated 11-03-06, between SOUTHWEST IOWA RENEWABLE ENERGY, LLC (Grantee), and the United States of America, acting through the Rural Business-Cooperative Service of the Department of Agriculture (Grantor), for $300,000.00 in grant funds under the VAPG program, delineates the agreement of the parties.

ALLONGE
Convertible Note Allonge • March 21st, 2008 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals
AGREEMENT BETWEEN OWNER AND DESIGN/BUILDER ON THE BASIS OF A STIPULATED PRICE
Design/Build Agreement • October 23rd, 2008 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals • Kansas
ENGINEERING SERVICES AGREEMENT
Engineering Services Agreement • January 28th, 2008 • Southwest Iowa Renewable Energy, LLC • Iowa
ALLONGE
Allonge • March 21st, 2008 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals
CONVERTIBLE NOTE
Convertible Note • March 21st, 2008 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals
RECITALS
Lien Subordination Agreement • January 28th, 2008 • Southwest Iowa Renewable Energy, LLC • Iowa
ALLONGE
Revolving Line of Credit Note • March 21st, 2008 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals
FIFTH AMENDED AND RESTATED OPERATING AGREEMENT OF SOUTHWEST IOWA RENEWABLE ENERGY, LLC Dated: June 19, 2020
Operating Agreement • June 23rd, 2020 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals • Iowa

THIS FIFTH AMENDED AND RESTATED OPERATING AGREEMENT (the “Agreement”) is entered into effective as of the 19th day of June, 2020, by and among Southwest Iowa Renewable Energy, LLC, an Iowa limited liability company (the “Company”), each of the Persons identified as Members on attached Exhibit “A” and any other Persons that may from time‑to‑time be subsequently admitted as Members of the Company in accordance with the terms of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meaning set forth in Section 1.10.

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TRICANTER PURCHASE AND INSTALLATION AGREEMENT
Tricanter Purchase and Installation Agreement • January 12th, 2011 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals • Kansas

THIS TRICANTER PURCHASE AND INSTALLATION AGREEMENT ("Agreement") is made and entered into on this 25th day of August, 2010, by and between ICM, Inc., a Kansas corporation ("Seller") and Southwest Iowa Renewable Energy, LLC an Iowa limited liability company ("Buyer").

SUBORDINATED TERM LOAN NOTE
Subordinated Term Loan Note • June 30th, 2014 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals

FOR VALUE RECEIVED, the undersigned, SOUTHWEST IOWA RENEWABLE ENERGY, LLC, an Iowa limited liability company (the “Borrower”), hereby promises to pay to the order of BUNGE NORTH AMERICA, INC., a New York corporation (the “Lender”), the principal sum of Nineteen Million Five Hundred Seventeen Thousand One Hundred and Thirty-Six and 99/100ths Dollars ($19,517,136.99) (plus any PIK Interest which is capitalized and added to the outstanding principal balance of this Note) on July 1, 2023. The Borrower hereby covenants and agrees to pay to the Lender as a mandatory prepayment on this Note, within three (3) Business Days’ after receipt thereof, its Pro-Rata Share (as defined in that certain Intercreditor Agreement by and between Lender and ICM INVESTMENTS, LLC and dated as of the date hereof) (excluding any such securities evidencing senior indebtedness (meaning indebtedness which the payment of this Note is contractually subordinated to), trade payables incurred in the ordinary course of bu

MASTER CONTRACT
Master Contract • January 28th, 2008 • Southwest Iowa Renewable Energy, LLC • Iowa
SECOND AMENDED AND RESTATED ETHANOL PURCHASE AGREEMENT
Ethanol Purchase Agreement • January 2nd, 2020 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals • Iowa

THIS SECOND AMENDED AND RESTATED ETHANOL PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of January 1, 2020 (the “Effective Date”) by and between Southwest Iowa Renewable Energy, LLC, an Iowa limited liability company (“Producer”), and Bunge North America, Inc., a New York corporation (“Bunge”) (each of Producer and Bunge, a “Party” and collectively, the “Parties”).

Exhibit 10.2 ETHANOL MERCHANDISING AGREEMENT
Ethanol Merchandising Agreement • October 23rd, 2008 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals • Iowa
RECITALS
Grain Feedstock Agency Agreement • October 23rd, 2008 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals • Iowa
STOCK PURCHASE AGREEMENT
Stock Purchase Agreement • December 30th, 2013 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals • Texas

THIS STOCK PURCHASE AGREEMENT (this “Agreement”) is made this 19th day of December, 2013 by and between the parties listed on Schedule A (each a “Seller” and collectively, the “Sellers”), and the parties listed on Schedule B (each a “Purchaser” and collectively, the “Purchasers”), setting forth the terms and conditions upon which the Sellers will sell Nine Million Eight Hundred Ninety-Two Thousand Nine Hundred Fifty-Six (9,892,956), shares of SMSA Gainesville Acquisition Corp. (“SMSA Gainesville”) common stock (the “Shares”) owned by the Sellers to the Purchasers. The Sellers and the Purchasers, may be referred to herein singularly as a “Party” and collectively, as the “Parties.”

NEGOTIABLE SUBORDINATED TERM LOAN NOTE
Negotiable Subordinated Term Loan Note • June 30th, 2014 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals
Contract
Ethanol Purchase Agreement • May 1st, 2012 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals

*PORTIONS OF THIS ETHANOL PURCHASE AGREEMENT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT WHICH HAS BEEN FILED

EMPLOYMENT AGREEMENT
Employment Agreement • September 28th, 2018 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals • Iowa

THIS EMPLOYMENT AGREEMENT (the “Agreement,”) is entered into and effective the 22nd day of October, 2018 (the “Effective Date”), by and between Southwest Iowa Renewable Energy, LLC (“SIRE” or the “Company”), and Michael D. Jerke (the “Executive”).

SIRE ICM UNIT AGREEMENT
Sire Icm Unit Agreement • December 23rd, 2014 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals • Iowa

This SIRE ICM UNIT AGREEMENT (this “Agreement”) is entered into as of the 17th day of December, 2014, by and between Southwest Iowa Renewable Energy, LLC, an Iowa limited liability Company (“SIRE”), and ICM Investments, LLC, a Kansas limited liability company (“ICM”). For the purposes of this Agreement, each of SIRE and ICM is sometimes referred to individually as a “Party,” and collectively as the “Parties.”

FIRST AMENDMENT TO SERIES C UNIT ISSUANCE AGREEMENT
Series C Unit Issuance Agreement • March 6th, 2009 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals • Missouri
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