0001352081-17-000011 Sample Contracts

CROSS REFERENCE INSTRUMENT NUMBERS 20066145 and 20132845] THIRD AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FINANCING STATEMENT
Fixture Financing Statement • May 8th, 2017 • Cardinal Ethanol LLC • Industrial organic chemicals

This THIRD AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FINANCING STATEMENT (this “Amendment”) is dated as of February 28, 2017, is by and between CARDINAL ETHANOL, LLC (“Mortgagor”), an Indiana limited liability company whose address is 1554 North 600 E, Union City, Indiana 47390 and FIRST NATIONAL BANK OF OMAHA, a national banking association (“Mortgagee”), whose address is 1620 Dodge St., Stop 1029, Omaha, Nebraska 68197, Attention: Brad Brummund and amends that certain First Amended and Restated Construction Loan Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement dated June 10, 2013 (as amended, the "Mortgage") to and for the benefit of Mortgagee, encumbering certain property in Randolph County, Indiana legally described on Exhibit A attached hereto and made a part hereof, which Mortgage was recorded with the Randolph County Recorder on June 11, 2013 as In

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CONSTRUCTION NOTE
Construction Note • May 8th, 2017 • Cardinal Ethanol LLC • Industrial organic chemicals

FOR VALUE RECEIVED, the undersigned, Cardinal Ethanol, LLC, an Indiana limited liability company (“Borrower”), hereby promises to pay to the order of First National Bank of Omaha (together with any subsequent holder hereof, “Lender”) at its offices in Omaha, Nebraska or at such other place as directed by the holder of this Construction Note, on the Soybean Facility Completion Date as defined in the First Amended and Restated Construction Loan Agreement dated as of June 10, 2013, (as the same may be amended, restated, supplemented or otherwise modified from time to time, including, but not limited to that certain Tenth Amendment of First Amended and Restated Construction Loan Agreement of even date with this Construction Note (the “Tenth Amendment”), the “Credit Agreement”), between Borrower and Lender, the aggregate unpaid principal amount of up to Ten Million and No/100 Dollars ($10,000,000.00) or the amount of advances hereunder made by Lender to Borrower under the Construction Loan

TENTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT
Construction Loan Agreement • May 8th, 2017 • Cardinal Ethanol LLC • Industrial organic chemicals • Nebraska

THIS TENTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT (“Amendment”) is made as of the 28th day of February, 2017 between FIRST NATIONAL BANK OF OMAHA, a national banking association ("Lender") and CARDINAL ETHANOL, LLC, an Indiana limited liability company (“Borrower”). This Amendment amends that certain First Amended and Restated Construction Loan Agreement dated June 10, 2013 between Lender and Borrower (as amended, the "Loan Agreement”).

DISBURSING AGREEMENT
Disbursing Agreement • May 8th, 2017 • Cardinal Ethanol LLC • Industrial organic chemicals • Indiana

THIS DISBURSING AGREEMENT (“Agreement”) is made and entered into as of February 28, 2017 by and among Cardinal Ethanol, LLC, an Indiana limited liability company (“Borrower”); First National Bank of Omaha, a national banking association (“Lender”) and Stewart Title Company (“Title Company”).

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