MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FINANCING STATEMENT (CONSTRUCTION MORTGAGE)And Fixture Financing Statement • November 14th, 2006 • Northern Growers LLC • Industrial organic chemicals • South Dakota
This Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement (this “Mortgage”) is made as of August 28, 2006, by Northern Lights Ethanol, LLC, a South Dakota limited liability company (“Borrower”), having its principal offices at Big Stone City, South Dakota, in favor of U.S. Bank National Association, a national banking association (“Lender”), having its principal offices at 141 North Main Avenue, Sioux Falls, South Dakota.
CORN and NATURAL GAS PRICE RISK MANAGEMENT AGREEMENTPrice Risk Management Agreement • November 14th, 2006 • Northern Growers LLC • Industrial organic chemicals • South Dakota
THIS CORN and NATURAL GAS PRICE RISK MANAGEMENT AGREEMENT is made and entered into as of the 1st day of January, 2007 by and between Broin Management, LLC, a Minnesota limited liability company (“Manager”) and Northern Lights Ethanol, LLC an South Dakota limited liability company (the “Company”).
AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • November 14th, 2006 • Northern Growers LLC • Industrial organic chemicals • South Dakota
This Amended and Restated Loan Agreement (this “Amended Loan Agreement”, “Loan Agreement” or “Agreement”) dated as of August 28, 2006, is by and between Northern Lights Ethanol, LLC, a South Dakota limited liability company (the “Borrower”), and U.S. Bank National Association, a national banking association (the “Lender”).
SECURITY AGREEMENTSecurity Agreement • November 14th, 2006 • Northern Growers LLC • Industrial organic chemicals • South Dakota
This Security Agreement is entered into between NORTHERN LIGHTS ETHANOL, LLC, a South Dakota limited liability company, as grantor and obligor (the “Borrower”), and U.S. BANK NATIONAL ASSOCIATION (the “Secured Party”), is made effective August 28, 2006, and is executed and delivered by Borrower to Secured Party pursuant to that Amended and Restated Loan Agreement between Borrower and Secured Party dated as of August 28, 2006 (the “Loan Agreement”):
PROMISSORY NOTEPromissory Note • November 14th, 2006 • Northern Growers LLC • Industrial organic chemicals
FOR VALUE RECEIVED, NORTHERN LIGHTS ETHANOL, LLC, a South Dakota Limited Liability Company (“Borrower”), hereby promises to pay to the order of U.S. BANK NATIONAL ASSOCIATION, a national banking association (“Lender”, which term shall include any future holder hereof), at 141 N. Main Avenue, Sioux Falls, South Dakota, or at such other place as Lender may from time-to-time designate in writing, in lawful money of the United States of America, the principal sum of Eight Million & 00/100 Dollars ($8,000,000.00) or so much thereof as may be advanced hereunder, including all amounts due or incurred by Borrower in accordance with the terms of the Amended and Restated Loan Agreement between Borrower and Lender dated as of August 28, 2006 (the “Amended Loan Agreement”), or due or incurred by Borrower under the terms of any other Loan Document as defined in such Amended Loan Agreement.
EXPANSION CONSTRUCTION NOTENorthern Growers LLC • November 14th, 2006 • Industrial organic chemicals
FOR VALUE RECEIVED, Northern Lights Ethanol, LLC, a South Dakota limited liability company (“Borrower”), hereby promises to pay to the order of U.S. Bank National Association, a national banking association (“Lender”, which term shall include any future holder hereof), at or at such other place as Lender may from time to time designate in writing, in lawful money of the United States of America, the principal sum of Thirty-Three Million and no/100 Dollars ($33,000,000.00) (the “Expansion Loan”) or so much thereof as may be advanced hereunder, and to pay interest on the outstanding principal balance hereof from time to time at the rate set forth herein. This Note is given pursuant to that Amended and Restated Loan Agreement (the “Amended Loan Agreement”) between Lender and Borrower dated the same date as this Note. The Expansion Loan shall initially be known as the “Expansion Loan” and in the event the Expansion Loan converts to long term financing, will be known as the “Term Loan” as o
