0000950137-08-005304 Sample Contracts

THIRD AMENDMENT TO CONSTRUCTION LOAN AGREEMENT
Construction Loan Agreement • April 11th, 2008 • Red Trail Energy, LLC • Industrial organic chemicals

This Third Amendment to Construction Loan Agreement is dated as of the 15th day of November, 2007, 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.

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DISTILLER’S GRAIN MARKETING AGREEMENT
Distiller’s Grain Marketing Agreement • April 11th, 2008 • Red Trail Energy, LLC • Industrial organic chemicals • Minnesota

THIS DISTILLER’S GRAIN MARKETING AGREEMENT (the “Agreement”), is entered into effective as of March 10, 2008, by and between Red Trail Energy, LLC, a North Dakota limited liability company (“Seller”) and CHS Inc., a Minnesota cooperative corporation (“Buyer”),

FOURTH AMENDMENT TO CONSTRUCTION LOAN AGREEMENT
Construction Loan Agreement • April 11th, 2008 • Red Trail Energy, LLC • Industrial organic chemicals

This Fourth Amendment to Construction Loan Agreement is dated as of the 11th day of December, 2007, 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.

CONTRIBUTION AGREEMENT
Contribution Agreement • April 11th, 2008 • Red Trail Energy, LLC • Industrial organic chemicals • Minnesota

THIS AGREEMENT, made and entered into as of the 1st day of January, 2008, by and between RENEWABLE PRODUCTS MARKETING GROUP, LLC (“RPMG”), and RED TRAIL ENERGY, LLC (“Red Trail”), a North Dakota limited liability company, PO Box 11, Richardton, North Dakota 58652.

FIRST NATIONAL BANK OF OMAHA CONFIRMATION
Swap Transaction Confirmation • April 11th, 2008 • Red Trail Energy, LLC • Industrial organic chemicals • New York

The purpose of this letter agreement is to set forth the terms and conditions of the Swap Transaction entered into between First National Bank of Omaha and Red Trail Energy, LLC (the “Counterparty”) on the Trade Date specified below (the “Swap Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the Master Agreement specified below.

MEMBER ETHANOL FUEL MARKETING AGREEMENT
Ethanol Fuel Marketing Agreement • April 11th, 2008 • Red Trail Energy, LLC • Industrial organic chemicals • Minnesota

THIS AGREEMENT, entered into as of this 1st day of January, 2008, (“Effective Date”) by and between RPMG, Inc., a Minnesota corporation, hereinafter referred to as “RPMG”); and Red Trail Energy, a North Dakota limited liability company, hereinafter referred to as “Member”).

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