THIRD AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • May 14th, 2012 • Lake Area Corn Processors LLC • Industrial organic chemicals
THIS THIRD AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT ("Amendment") is entered into and effective as of the 1st day of May, 2012 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").
SECOND AMENDED AND RESTATED PROMISSORY NOTE (Long Term Reducing Revolver)Promissory Note • May 14th, 2012 • 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 Third 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 First Amended and Restated Promissory Note (Long Term Reducing Revolver) dated May 12, 2011, but is not a novation thereof. All capitalized terms not otherwise defined in this Note shall have the meanings provided in the AGREEMENT.
