0000930413-13-002135 Sample Contracts

FIRST AMENDMENT OF LOAN AGREEMENT
Loan Agreement • April 9th, 2013 • REX AMERICAN RESOURCES Corp • Industrial organic chemicals

THIS FIRST AMENDMENT OF LOAN AGREEMENT (“Amendment”) is entered into and effective as of the 1st day of November, 2012 among NUGEN ENERGY, LLC, a South Dakota limited liability company (“Borrower”), FIRST NATIONAL BANK OF OMAHA in its capacities as Agent and a Bank (“Agent”) and the Banks party to the Loan Agreement referenced below, and amends that certain Loan Agreement dated November 1, 2011 among Borrower, the Agent and Banks (as amended, the “Loan Agreement”).

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SEVENTH AMENDMENT OF CONSTRUCTION LOAN AGREEMENT
Construction Loan Agreement • April 9th, 2013 • REX AMERICAN RESOURCES Corp • Industrial organic chemicals • Nebraska

THIS SEVENTH AMENDMENT OF CONSTRUCTION LOAN AGREEMENT (“Amendment”) is made this 13 day of March, 2013 by and among ONE EARTH ENERGY, LLC, an Illinois limited liability company (“BORROWER”), FIRST NATIONAL BANK OF OMAHA (“FNBO”), a national banking association headquartered in 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 BANKS party to the AGREEMENT. This Amendment amends that certain Construction Loan Agreement dated September 20, 2007 among the AGENT, BANKS and BORROWER (“AGREEMENT”).

SECOND AMENDMENT OF LOAN AGREEMENT
Loan Agreement • April 9th, 2013 • REX AMERICAN RESOURCES Corp • Industrial organic chemicals • Nebraska

THIS SECOND AMENDMENT OF LOAN AGREEMENT (“Amendment”) is entered into and effective as of the 13th day of March, 2013 among NUGEN ENERGY, LLC, a South Dakota limited liability company (“Borrower”), FIRST NATIONAL BANK OF OMAHA in its capacities as Agent and a Bank (“Agent”) and the Banks party to the Loan Agreement referenced below, and amends that certain Loan Agreement dated November 1, 2011 among Borrower, the Agent and Banks (as amended, the “Loan Agreement”).

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