0001156174-11-000019 Sample Contracts

FIRST AMENDED AND RESTATED PROMISSORY NOTE (Long Term Reducing Revolver)
Promissory Note • August 11th, 2011 • Lake Area Corn Processors LLC • Industrial organic chemicals • South Dakota

This Note is executed pursuant to and is governed by that certain First Amended and Restated Construction Loan Agreement (as amended, the "AGREEMENT") between BORROWER and BANK dated as of June 18, 2009, as it may have been and may be amended, from time to time, including by that certain Second Amendment of First Amended and Restated Construction Loan Agreement of even date with this Note. This Note evidences the LONG TERM REDUCING REVOLVING LOAN described in the AGREEMENT. This Note amends and restates that certain Promissory Note (Long Term Reducing Revolver) dated May 13, 2010, but is not a novation thereof. All capitalized terms not otherwise defined in this Note shall have the meanings provided in the AGREEMENT.

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SECOND AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT
Construction Loan Agreement • August 11th, 2011 • Lake Area Corn Processors LLC • Industrial organic chemicals

THIS SECOND AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT ("Amendment") is entered into and effective as of the 12th day of May, 2011 between DAKOTA ETHANOL, L.L.C., a South Dakota limited liability company ("Borrower") and FIRST NATIONAL BANK OF OMAHA ("Lender"), and amends that certain First Amended and Restated Construction Loan Agreement dated June 18, 2009 between Borrower and Lender (as amended, the "Loan Agreement").

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