FOURTH AMENDED AND RESTATED GUARANTYGuaranty • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
In consideration of and in order to induce AGSTAR FINANCIAL SERVICES, PCA, a United States instrumentality, with its main banking house located in Mankato, Minnesota (the “Lender”), to extend financial accommodations to HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (the “Borrower”), pursuant to that certain Fourth Amended and Restated Master Loan Agreement of even date herewith (the “Master Loan Agreement”), the Fourth Amended and Restated Second Supplement to the Master Loan Agreement dated May 18, 2007, the Third Supplement to the Master Loan Agreement of even date herewith, and the Fourth Supplement to the Master Loan Agreement of even date herewith, by and between the Lender and the Borrower (collectively with the Master Loan Agreement, the “Credit Agreement”), the undersigned (the “Guarantor”), hereby:
REVOLVING LINE OF CREDIT NOTERevolving Line of Credit Note • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
A Minnesota Limited Liability Company MEMBER CONTROL AGREEMENT (Contains Restrictions On Transfer Of Interests)Member Control Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS MEMBER CONTROL AGREEMENT is hereby adopted and entered into effective as of the Effective Date (as defined below), by the Members (as defined below), pursuant to the provisions of the Act (as defined below), on the terms and conditions set forth herein.
FOURTH AMENDED AND RESTATED MASTER LOAN AGREEMENT by and among HERON LAKE BIOENERGY, LLC and AGSTAR FINANCIAL SERVICES, PCA dated as of October 1, 2007Master Loan Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS FOURTH AMENDED AND RESTATED MASTER LOAN AGREEMENT (this “Agreement”), dated as of October 1, 2007, between AGSTAR FINANCIAL SERVICES, PCA, a United States corporation (“Lender”) and HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (the “Borrower”).
DISTILLER’S GRAIN MARKETING AGREEMENTDistiller’s Grain Marketing Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS DISTILLER’S GRAIN MARKETING AGREEMENT (the “Agreement”), is entered into effective as of October 5th, 2005, by Heron Lake Bio-energy LLC, a Minnesota Limited Liability Corporation (“Seller”), and Commodity Specialists Company, a Delaware Corporation (“Buyer”).
FIFTH SUPPLEMENT TO THE MASTER LOAN AGREEMENT (REVOLVING LINE OF CREDIT LOAN)Master Loan Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
THIS FIFTH SUPPLEMENT TO THE MASTER LOAN AGREEMENT (this “Fifth Supplement”), dated as of November 19, 2007, is between AGSTAR FINANCIAL SERVICES, PCA (the “Lender”) and HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (the “Borrower”), and supplements that certain Fourth Amended and Restated Master Loan Agreement, dated October 1, 2007, between the Lender and the Borrower (as the same may be amended, modified, supplemented, extended or restated from time to time, the “MLA”).
Standard Form of Agreement Between Owner and Design-Builder - Lump Sum This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification.Standard Form of Agreement Between Owner and Design-Builder - Lump Sum • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
This AGREEMENT is made as of the 28th day of September in the year of 2005, by and between the following parties, for services in connection with the Project identified below.
ESCROW AGREEMENTEscrow Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Iowa
This Escrow Agreement (the “Agreement”) is made and entered into effective as of November 16th, 2007, by and between Heron Lake Bio Energy, a Minnesota corporation (the “Company”) and Farmers State Bank of Hartland (the “Escrow Agent”) for the benefit of Interstate Power and Light Company (IPL) (the “Beneficiary”).
TERM REVOLVING NOTETerm Revolving Note • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
PERSONAL GUARANTYPersonal Guaranty • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
In consideration of and in order to induce AGSTAR FINANCIAL SERVICES, PCA, a United States instrumentality, with its main banking house located in Mankato, Minnesota (the “Lender”), to extend financial accommodations to HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (the “Borrower”), pursuant to that certain Fourth Amended and Restated Master Loan Agreement of even date herewith (the “Master Loan Agreement”), the Fourth Amended and Restated Second Supplement to the Master Loan Agreement dated May 18, 2007, the Third Supplement to the Master Loan Agreement of even date herewith, and the Fourth Supplement to the Master Loan Agreement of even date herewith, by and between the Lender and the Borrower (collectively with the Master Loan Agreement, the “Credit Agreement”), the undersigned (the “Guarantor”), hereby:
THIRD SUPPLEMENT TO THE MASTER LOAN AGREEMENT (TERM LOAN)Master Loan Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
THIS THIRD SUPPLEMENT TO THE MASTER LOAN AGREEMENT (this “Third Supplement”), dated as of October 1, 2007, is between AGSTAR FINANCIAL SERVICES, PCA (the “Lender”) and HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (the “Borrower”), and supplements that certain Fourth Amended and Restated Master Loan Agreement, dated October 1, 2007, between the Lender and the Borrower (as the same may be amended, modified, supplemented, extended or restated from time to time, the “MLA”).
INDUSTRIAL WATER SUPPLY TREATMENT AGREEMENTIndustrial Water Supply Treatment Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
This Agreement is entered into as of this 4th day of April, 2006, by and among the City of Heron Lake, Minnesota (the “City”), the County of Jackson, Minnesota (the “County”, and jointly with the City the “Municipalities”), and Heron Lake BioEnergy, LLC (the “Company”).
SERVICES CONTRACTServices Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS AGREEMENT is made effective on March 1st, 2007, for a period of one year, by and between Heron Lake BioEnergy, LLC (hereinafter “HLBE”), and Gerber & Haugen, P.L.L.P. (hereinafter “Contractor”).
Master Coal Purchase and Sale Agreement between Northern Coal Transportation Company and Heron Lake BioEnergy, LLCMaster Coal Purchase and Sale Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Wyoming
This MASTER COAL PURCHASE AND SALE AGREEMENT (“Agreement”) is entered into and is effective as of the 1” day of June, 2007, between Northern Coal Transportation Company, (“NCTC”), Seller and Heron Lake BioEnergy, LLC, (“Heron Lake”), Buyer. Both NCTC and Heron Lake may be individually referred to herein as a “Party” or collectively as “Parties”.
FOURTH SUPPLEMENT TO THE MASTER LOAN AGREEMENT (TERM REVOLVING LOAN)Master Loan Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
THIS FOURTH SUPPLEMENT TO THE MASTER LOAN AGREEMENT (this “Fourth Supplement”), dated as of October 1, 2007, is between AGSTAR FINANCIAL SERVICES, PCA, an United States corporation (the “Lender”) and HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (the “Borrower”), and supplements and incorporates all of the provisions of that certain Fourth Amended and Restated Master Loan Agreement, of even date herewith, between the Lender and the Borrower (as the same may be amended, modified, supplemented, extended or restated from time to time, the “MLA”).
ETHANOL FUEL MARKETING AGREEMENTEthanol Fuel Marketing Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS AGREEMENT, entered into this 7th day of August, 2006, by and between RENEWABLE PRODUCTS MARKETING GROUP, L.L.C., hereinafter referred to as “RENEWABLE PRODUCTS”; and HERON LAKE BIOENERGY, LLC, a Minnesota Limited Liability Company, hereinafter referred to as “HERON LAKE BIOENERGY.”
SECURITY AGREEMENTSecurity Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
This Security Agreement is made this 28th day of December 2007, by Heron Lake BioEnergy, LLC, a Minnesota limited liability company (the “Debtor” or “Borrower”), in favor of Federated Rural Electric Association, a Minnesota cooperative corporation (the “Secured Party”).
COAL LOADING, TRANSPORT, AND DELIVERY AGREEMENTCoal Loading, Transport, and Delivery Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
This “Agreement” between Tersteeg Transport Inc. (“Tersteeg”) located at 110 1st St. North Olivia, MN 56277 and Heron Lake BioEnergy, LLC (“HLBE”) located at 91246 390th Avenue, Heron Lake, MN is valid as of April 1, 2007. The term of this Agreement shall be contingent upon the execution of, and coincide with, HLBE’s other five-year coal Agreements which will terminate no sooner than December 31, 2011 and no later than April 1, 2012, provided that Tersteeg performs in accordance with this Agreement.
Shared Savings Contract MinnesotaEnergy Services Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS ENERGY SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into as of the 16th day of November, 2007, by and between, Interstate Power and Light Company (IPL), an Alliant Energy company, a Iowa corporation having its principal offices at 200 First St., Cedar Rapids, Iowa 52401 (hereinafter, “Utility”), and Heron Lake BioEnergy LLC, a Minnesota corporation having its principal offices at Heron Lake, MN (hereinafter, “Client”), relating to property owned by Client at 91246 390th Ave, Heron Lake, MN 56137 (hereinafter, “Premises”, which are more particularly described in Part I of Schedule A attached hereto),
ELECTRIC SERVICE AGREEMENT INTERSTATE POWER AND LIGHT COMPANYElectric Service Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
This agreement made this 17th day of October, 2007 by and between Interstate Power and Light Company (a wholly owned subsidiary of Alliant Energy Corporation), an Iowa corporation headquartered at 200 First Street SE, Cedar Rapids, Iowa, (hereinafter referred to as “the Company”) and Heron Lake BioEnergy LLC, a corporation / partnership / proprietorship with principal offices at 91246 390th Ave., Heron Lake, MN 56137, (hereinafter referred to as “the Customer”):
INDUSTRIAL WATER SUPPLY DEVELOPMENT AND DISTRIBUTION AGREEMENTIndustrial Water Supply Development and Distribution Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
THIS INDUSTRIAL WATER SUPPLY DEVELOPMENT AND DISTRIBUTION AGREEMENT (“Agreement”), is made this 27rd day of October, 2003, between the CITY OF HERON LAKE, MINNESOTA, a Minnesota municipal corporation (the “City”), JACKSON COUNTY, MINNESOTA, a Minnesota municipal corporation (the “County”), GENERATION II ETHANOL, LLC, a Minnesota limited liability company (“Generation II”) and MINNESOTA SOYBEAN PROCESSORS, a Minnesota cooperative corporation (“MNSP”)
LOAN AGREEMENTLoan Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
This LOAN AGREEMENT between Federated Rural Electric Ass’n, a Minnesota cooperative corporation (Lender), and Heron Lake BioEnergy, LLC, a Minnesota limited liability company (Borrower) is made and executed as of the day of December 28, 2007.
TERM NOTETerm Note • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
COAL TRANSLOADING AGREEMENTCoal Transloading Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS COAL TRANSLOADING AGREEMENT (this “Agreement”) is entered into and made effective as of the 1st day of June, 2007 (the “Effective Date”), by and between SOUTHERN MINNESOTA BEET SUGAR COOPERATIVE, a Minnesota cooperative association (“SMBSC”), and HERON LAKE BIOENERGY, LLC a Minnesota limited liability company (“HLBE”)(SMBSC and HLBE are also referred to herein individually as a “Party” and collectively as the “Parties”).
EMPLOYMENT AGREEMENTEmployment Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
This Agreement is made between Robert J. Ferguson (“FERGUSON”) and Heron Lake BioEnergy, LLC (“HLBE”) a Minnesota Company organized under the laws of Minnesota, whose principal place of business is Heron Lake, Minnesota. The headings contained in this Agreement are for convenience only, have no legal significance and are not intended to change or limit this agreement in any matter whatsoever.
