ASSIGNMENT and PLEDGE AGREEMENT (Large Volume Transportation Service Agreement)
Exhibit 10.5
(Large Volume Transportation 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 Large Volume Transportation Service Agreement (“Large Volume Transportation
Service Agreement”) between Assignor and Aquila, Inc. d/b/a Aquila Networks (“Aquila”)
dated as of the 6th day of December, 2004 pursuant to which the Aquila will
furnish transportation of Assignor’s natural gas to Assignor pursuant to the terms
contained in such Large Volume Transportation Service Agreement.
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 and obligations previously enjoyed by Assignor as owner under the Large Volume
Transportation Service Agreement.
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, Aquila, Inc. d/b/a Aquila Networks consents to and acknowledges the foregoing collateral
assignment of the described agreement.
Aquila, Inc. d/b/a Aquila Networks |
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Dated February , 2005
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By: | |||||||
Its: | ||||||||
STATE OF IOWA ) |
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)ss. |
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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 Aquila, Inc. d/b/a Aquila Networks 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: