ASSIGNMENT and PLEDGE AGREEMENT (Electric Service Agreement)
Exhibit 10.4
(Electric Service Agreement)
Amaizing Energy, LLC (“Assignor”), an Iowa limited liability company, for valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants,
pledges, and assigns to CoBank, ACB (“Assignee”), all of Assignor’s right, title and interest in
and to:
That certain Agreement for Electric Service (“Agreement for Electric Service”) between
Assignor, and Xxxxxxxx County Rural Electric Cooperative. (“Xxxxxxxx County REC”) dated as
of October 29, 2004, pursuant to which the Xxxxxxxx County REC will transmit and distribute
electric power and energy to Assignor pursuant to the terms contained in such Agreement for
Electric Service
to secure payment and performance of all obligations of Assignor to Assignee under that certain
Master Loan Agreement, that certain Construction and Revolving Term Loan Supplement, that certain
Statused Revolving Credit Supplement, and that certain Non-Revolving Credit Supplement, all between
Assignor and Assignee, which by this reference are made a part hereof.
It is the intention of Assignor that by this assignment Assignee shall acquire all of the
rights previously enjoyed by Assignor as owner under the Agreement for Electric Service and that
Assignee shall be a secured creditor holding a security interest in the Agreement for Electric
Service.
Assignor agrees to execute such other documents as may reasonably be requested by Assignee,
from time to time to evidence the above and foregoing assignment.
Dated: February 11 , 2005 | Amaizing Energy, LLC |
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By: | /s/ Xxx X. Xxxxxxx | |||
Xxxxxx Xxxxxxx, Chairman | ||||
By its execution hereof, Xxxxxxxx County Rural Electric Cooperative consents to and acknowledges
the foregoing collateral assignment of the described agreement.
Xxxxxxxx County Rural Electric Cooperative | ||||||||
Dated February , 2005
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By: | |||||||
Its: | ||||||||
STATE OF IOWA ) |
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COUNTY OF XXXXXXXX ) |
On this 11th day of February, 2005, before me, the undersigned, a Notary
Public personally appeared Xxxxxx Xxxxxxx, Chairman of Amaizing Energy,LLC on behalf of said
entity, who executed the foregoing instrument, and acknowledged that he executed the same as his
voluntary act and deed.
SEAL XXXXX X. XXXXXX
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/s/ Xxxxx Xxxxxx | |||
Commission Number 727183
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Xxxxx Xxxxxx Notary Public | |||
My Commission Expires
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In and for said Xxxxx | |||
Xxxxx 0, 0000
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Xx commission expires: Xxxxx 0, 0000 | |||
XXXXX OF )
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)ss. |
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COUNTY OF ) |
On this day of February, 2005, before me, the undersigned, a Notary Public, personally
appeared , the of Xxxxxxxx County Rural Electric Cooperative on behalf of said entity, who executed
the foregoing instrument, and acknowledged that s/he executed the same as his/her voluntary act and
deed.
Notary Public
In and for said State
My commission expires: