SIXTH AMENDED AND RESTATED GUARANTYGuaranty • July 1st, 2013 • 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 Sixth Amended and Restated Master Loan Agreement dated to be effective as of May 17, 2013 (as amended, modified, supplemented, extended or restated from time to time, the “MLA”), the undersigned (the “Guarantor”), hereby:
SIXTH AMENDED AND RESTATED MASTER LOAN AGREEMENT by and among HERON LAKE BIOENERGY, LLC and AGSTAR FINANCIAL SERVICES, PCA dated to be effective as of May 17, 2013Master Loan Agreement • July 1st, 2013 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS SIXTH AMENDED AND RESTATED MASTER LOAN AGREEMENT (this “Agreement”), dated to be effective as of May 17, 2013, between AGSTAR FINANCIAL SERVICES, PCA, a United States corporation (“Lender”) and HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (“Borrower”).
SIXTH AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT AND ASSIGNMENT OF RENTS AND LEASESMortgage, Security Agreement and Assignment of Rents and Leases • July 1st, 2013 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
THIS INDENTURE (hereinafter referred to as the “Mortgage”) made to be effective as of May 17, 2013, 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 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.
HERON LAKE BIOENERGY, LLC SUBSCRIPTION AGREEMENT INCLUDING INVESTMENT REPRESENTATIONS and SUBORDINATED LOAN AGREEMENTSubscription Agreement • July 1st, 2013 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS SUBSCRIPTION AGREEMENT AND SUBORDINATED LOAN AGREEMENT (this “Subscription and Subordinated Loan Agreement”) is entered into and made effective on May 17, 2013, by and between Heron Lake BioEnergy, LLC, a Minnesota limited liability company with its principal executive office located at 91246 390th Avenue, P.O. Box 198, Heron Lake, Minnesota 56137 (the “Company”), and (“Subscriber”).
SECOND AMENDED AND RESTATED TERM NOTETerm Note • July 1st, 2013 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
Top 3 inches reserved for recording data)Mortgage • July 1st, 2013 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS MORTGAGE (“Mortgage”) is given by HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company, as mortgagor (“Borrower”), to DAVID J. AND KRISTA R. WOESTEHOFF, SCHMITZ GRAIN, INC., DOUG SCHMITZ, MICHAEL KUNERTH AND DAWN KUNERTH AS TRUSTEES OF THE MICHAEL KUNERTH TRUST UNDER AGREEMENT DATED JULY 18, 2006, DAWN KUNERTH AND MICHAEL KUNERTH AS TRUSTEES OF THE DAWN KUNERTH TRUST UNDER AGREEMENT DATED JULY 18, 2006, ROBERT J. AND JEAN M. FERGUSON, AND PROJECT VIKING, L.L.C. as mortgagee (collectively, “Lender”). In consideration of the receipt of One Million Four Hundred Seven Thousand and no/100 Dollars ($1,407,000) (the “Indebtedness”) from Lender, Borrower hereby mortgages, with power of sale, the real property in Jackson County, Minnesota, legally described as follows:
SUBORDINATION AGREEMENTSubordination Agreement • July 1st, 2013 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
This SUBORDINATION AGREEMENT (this “Agreement”) is entered into and effective as of May 17, 2013, by and among AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality, as senior secured lender under the MLA (defined below) and the individuals or entities whose signatures appear on the signature pages to this document as the “Initial Sub-debt Holders” under the Subordinated Loan Agreement (defined below).
SUBORDINATED SECURITY AGREEMENTSubordinated Security Agreement • July 1st, 2013 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS SUBORDINATED SECURITY AGREEMENT (“Security Agreement”), is made and entered into as of the 17th day of May, 2013, by and between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (“Debtor”), and Taryl Enderson and Robert Wolf, in his capacity as collateral agent (together with his successors and assigns, the “Collateral Agent”) for the benefit of the following lenders (collectively, the “Initial Sub-debt Holders” or the “Lenders”): David J. and Krista R. Woestehoff, Schmitz Grain, Inc., Doug Schmitz, Michael Kunerth and Dawn Kunerth as Trustees of the Michael Kunerth Trust under agreement dated July 18, 2006, Dawn Kunerth and Michael Kunerth as Trustees of the Dawn Kunerth Trust under agreement dated July 18, 2006, Robert J. and Jean M. Ferguson, and Project Viking, L.L.C.
SECOND AMENDED AND RESTATED TERM REVOLVING NOTETerm Revolving Note • July 1st, 2013 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
