AMENDED AND RESTATED GUARANTYGuaranty • January 30th, 2012 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
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 Fifth Amended and Restated Master Loan Agreement dated to be effective as of September 1, 2011 (as the same has been amended, modified, supplemented, extended or restated from time to time, the “MLA”), the undersigned (the “Guarantor”), hereby:
FIFTH AMENDED AND RESTATED MASTER LOAN AGREEMENT by and among HERON LAKE BIOENERGY, LLC and AGSTAR FINANCIAL SERVICES, PCA dated to be effective as of September 1, 2011Master Loan Agreement • January 30th, 2012 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS FIFTH AMENDED AND RESTATED MASTER LOAN AGREEMENT (this “Agreement”), dated to be effective as of September 1, 2011, between AGSTAR FINANCIAL SERVICES, PCA, a United States corporation (“Lender”) and HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (“Borrower”).
FOURTH AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT AND ASSIGNMENT OF RENTS AND LEASESMortgage, Security Agreement and Assignment of Rents and Leases • January 30th, 2012 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
THIS INDENTURE (hereinafter referred to as the “Mortgage”) made to be effective as of September 1, 2011 by and between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (the “Mortgagor”), whose mailing address is 201 10th Street, Heron Lake, Minnesota 56137, and whose Minnesota identification number is 22013-LLC, and AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality (the “Mortgagee”) whose mailing address is 1921 Premier Drive, P.O. Box 4249, Mankato, MN 56002-4249.
MASTER NETTING, SETOFF, CREDIT AND SECURITY AGREEMENT (HERON LAKE, MINNESOTA)Master Netting, Setoff, Credit and Security Agreement • January 30th, 2012 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Nebraska
THIS MASTER NETTING, SETOFF, CREDIT AND SECURITY AGREEMENT (the “Master Agreement”) is dated and made effective as of September 1, 2011, by and between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (“Producer”), and GAVILON, LLC, a Delaware limited liability company (“Gavilon”) (each of Producer and Gavilon is a “Party” and together they are collectively referred to as the “Parties.”)
CORN STORAGE AGREEMENTCorn Storage Agreement • January 30th, 2012 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Nebraska
This Corn Storage Agreement (this “Agreement”) is dated and made effective as of September 1, 2011, by and among Lakefield Farmers Elevator, LLC, a Minnesota limited liability company (“Contractor”), Heron Lake BioEnergy, LLC, a Minnesota limited liability company (“Producer”), and Gavilon, LLC, a Delaware limited liability company (“Gavilon”) (each of Contractor, Producer and Gavilon is a “Party” and together they are collectively referred to as the “Parties”).
AMENDED AND RESTATED TERM NOTETerm Note • January 30th, 2012 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
COLLATERAL ASSIGNMENTCollateral Assignment • January 30th, 2012 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
This Collateral Assignment (this “Assignment”) is made to be effective as of September 1, 2011, by and between Lakefield Farmers Elevator, LLC, a Minnesota limited liability company (the “Company”) and AgStar Financial Services, PCA, an United States instrumentality (the “Lender”).
AMENDED AND RESTATED TERM REVOLVING NOTETerm Revolving Note • January 30th, 2012 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
COLLATERAL ASSIGNMENTCollateral Assignment • January 30th, 2012 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
This Collateral Assignment (this “Assignment”) is made to be effective as of September 1, 2011, by and between Heron Lake BioEnergy, LLC, a Minnesota limited liability company (the “Company”) and AgStar Financial Services, PCA, an United States instrumentality (the “Lender”).
CORN SUPPLY AGREEMENT (HERON LAKE, MINNESOTA)Corn Supply Agreement • January 30th, 2012 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Nebraska
THIS CORN SUPPLY AGREEMENT (the “Agreement”) is dated and made effective as of September 1, 2011, by and between Heron Lake BioEnergy, LLC, a Minnesota limited liability company (“Buyer”), and Gavilon, LLC, a Delaware limited liability company (“Gavilon”) (each of Buyer and Gavilon is a “Party” and together they are collectively referred to as the “Parties”).
ETHANOL AND DISTILLER’S GRAINS MARKETING AGREEMENT (HERON LAKE, MINNESOTA)Ethanol and Distiller’s Grains Marketing Agreement • January 30th, 2012 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Nebraska
THIS ETHANOL AND DISTILLER’S GRAINS MARKETING AGREEMENT (the “Agreement”) is dated and made effective as of September 1, 2011 (the “Commencement Date”), by and between Heron Lake BioEnergy, LLC, a Minnesota limited liability company (“Producer”), and Gavilon, LLC, a Delaware limited liability company (“Gavilon”).
