SECOND AMENDED AND RESTATED MEMBER CONTROL AGREEMENT OF HIGHWATER ETHANOL, LLC Dated: Effective March 4, 2011.Member Control Agreement • March 22nd, 2011 • Highwater Ethanol LLC • Industrial organic chemicals • Minnesota
THIS SECOND AMENDED AND RESTATED MEMBER CONTROL AGREEMENT (the “Agreement”) is entered into effective as of the 4th of March, 2011, by and among Highwater Ethanol, LLC, a Minnesota limited liability company (the “Company”), each of the Persons identified as Members on attached Exhibit “A,” and any other Persons that may from time-to-time be subsequently admitted as Members of the Company in accordance with the terms of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meaning set forth in Section 1.10.
FOURTH AMENDMENT OF CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • March 22nd, 2011 • Highwater Ethanol LLC • Industrial organic chemicals
THIS FOURTH AMENDMENT OF CONSTRUCTION LOAN AGREEMENT (“Amendment”) is made this 26th day of February, 2011 between FIRST NATIONAL BANK OF OMAHA, a national banking association as a Bank and as the Administrative Agent and Collateral Agent for the Banks (in such capacities, “Bank”), the other Banks a party to the Loan Agreement referenced below and HIGHWATER ETHANOL, LLC, a Minnesota limited liability company (“Borrower”). This Amendment amends that certain Construction Loan Agreement dated April 24, 2008 between Bank, Banks and Borrower (“Loan Agreement”).
