0000950137-07-005619 Sample Contracts

Equity Grant Agreement
Equity Grant Agreement • April 17th, 2007 • Red Trail Energy, LLC • Oil & gas field services, nec • North Dakota

This Equity Grant Agreement (“Agreement”) is entered into this 8th of September, 2006 by and between Red Trail Energy, LLC, a North Dakota limited liability company (the “Company”), and Mickey Miller (the “Grantee”).

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OPTION TO PURCHASE
Option to Purchase • April 17th, 2007 • Red Trail Energy, LLC • Oil & gas field services, nec

For and in consideration of the sum of Ten Dollars and other good and valuable consideration paid by Red Trail Energy, LLC, of 3754 Highway 8, Richardton, ND 58652, hereinafter referred to as “Optionee” (whether one or more), to the North Dakota Development Fund and Stark County, hereinafter referred to as “Owner” (whether one or more), and for and in consideration of the terms and conditions herein contained, Owner does hereby give, grant and convey unto the Optionee the option to purchase up to 200,000 units at any time within one year from date of this Option.

FIRST AMENDMENT TO CONSTRUCTION LOAN AGREEMENT
Construction Loan Agreement • April 17th, 2007 • Red Trail Energy, LLC • Oil & gas field services, nec

This First Amendment to Construction Loan Agreement is dated as of the 16th day of August, 2006, and is by and between RED TRAIL ENERGY, LLC, a North Dakota limited liability company (“BORROWER”), and FIRST NATIONAL BANK OF OMAHA (“BANK”), a national banking association established at Omaha, Nebraska.

OPERATING AGREEMENT OF RED TRAIL ENERGY, LLC MEMBERS
Operating Agreement • April 17th, 2007 • Red Trail Energy, LLC • Oil & gas field services, nec
MEMBER CONTROL AGREEMENT RED TRAIL ENERGY, LLC
Member Control Agreement • April 17th, 2007 • Red Trail Energy, LLC • Oil & gas field services, nec • North Dakota

WHEREAS, the undersigned constitute all of the current members of Red Trail Energy, LLC, a North Dakota limited liability company; and

SECURITY AGREEMENT & DEPOSIT ACCOUNT CONTROL AGREEMENT
Security Agreement • April 17th, 2007 • Red Trail Energy, LLC • Oil & gas field services, nec

THIS AGREEMENT, made effective this 16th day of August, 2006, by and among First National Bank of Omaha (hereinafter called “SECURED PARTY”), Red Trail Energy, LLC, a North Dakota limited liability company (hereinafter called “DEBTOR”), and Bremer Bank (“DEPOSITARY BANK”), a bank organized under the laws of North Dakota, whose mailing address is PO Box 352, Richardton, ND 58652.

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