0000930413-08-002363 Sample Contracts

CONSTRUCTION LOAN AGREEMENT
Construction Loan Agreement • April 14th, 2008 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Nebraska

This Construction Loan Agreement (the "AGREEMENT") is dated as of the 20th day of September, 2007, and is by and among ONE EARTH ENERGY, LLC, an Illinois limited liability company ("BORROWER"), FIRST NATIONAL BANK OF OMAHA ("FNBO"), a national banking association headquartered at Omaha, Nebraska as a BANK and as administrative agent for the BANKS (in such capacity, the “ADMINISTRATIVE AGENT”), as accounts bank (in such capacity, the “ACCOUNTS BANK”) and as collateral agent for the BANKS (in such capacity, the “COLLATERAL AGENT”), and the other financial institutions which are or may become a party to this AGREEMENT in accordance with the terms of this AGREEMENT and listed in Exhibit H to this AGREEMENT.

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FIRST AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT AND OTHER LOAN DOCUMENTS
Construction and Term Loan Agreement • April 14th, 2008 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Illinois

THIS FIRST AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT AND OTHER LOAN DOCUMENTS (this "Amendment"), dated as of August 7, 2007, is executed by and among LEVELLAND/HOCKLEY COUNTY ETHANOL, LLC, a Texas limited liability company (the "Borrower"), each of the Lenders or other lending institutions which is a signatory hereto or any successor or assignee thereof, and MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., a Delaware corporation (in its capacity as administrative agent for the Lenders, together with its successors in such capacity, the "Administrative Agent").

AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
Employment Agreement • April 14th, 2008 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Ohio

THIS AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (the “Amendment”) is entered into as of the 10th day of December, 2007 between Rex Radio and Television, Inc., an Ohio corporation (the “Corporation”), and David L. Bearden (the “Employee”).

THIRD AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT
Construction and Term Loan Agreement • April 14th, 2008 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Illinois

THIS THIRD AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT (this "Amendment"), dated as of February 19, 2008, is executed by and among LEVELLAND/HOCKLEY COUNTY ETHANOL, LLC, a Texas limited liability company (the "Borrower"), each of the Lenders or other lending institutions which is a signatory hereto or any successor or assignee thereof, and MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., a Delaware corporation (in its capacity as administrative agent for the Lenders, together with its successors in such capacity, the "Administrative Agent").

AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT
Employment Agreement • April 14th, 2008 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Ohio

THIS AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT is entered into as of the 10th day of December, 2007 between Rex Radio and Television, Inc., an Ohio corporation (the “Corporation”), and Stuart A. Rose (the “Employee”).

AMENDED AND RESTATED AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
Employment Agreement • April 14th, 2008 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Ohio

THIS AMENDED AND RESTATED AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT is entered into as of the 10th day of December, 2007 between Rex Radio and Television, Inc., an Ohio corporation (the “Corporation”), and Stuart A. Rose (the “Employee”).

AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT
Employment Agreement • April 14th, 2008 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Ohio

THIS AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT (the “Amendment”) is entered into as of the 6th day of March, 2008 between Rex Radio and Television, Inc., an Ohio corporation (the “Corporation”), and David L. Bearden (the “Employee”).

SECOND AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT
Construction and Term Loan Agreement • April 14th, 2008 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Illinois

THIS SECOND AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT (this "Amendment"), dated as of February 15, 2008, is executed by and among LEVELLAND/HOCKLEY COUNTY ETHANOL, LLC, a Texas limited liability company (the "Borrower"), each of the Lenders or other lending institutions which is a signatory hereto or any successor or assignee thereof, and MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., a Delaware corporation (in its capacity as administrative agent for the Lenders, together with its successors in such capacity, the "Administrative Agent").

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