AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • January 28th, 2016 • Highwater Ethanol LLC • Industrial organic chemicals • Minnesota
THIS AMENDED AND RESTATED SECURITY AGREEMENT (this "Security Agreement") is made as of January 22, 2016, by HIGHWATER ETHANOL, LLC, a Minnesota limited liability company ("Debtor"), in favor of AGSTAR FINANCIAL SERVICES, PCA, and its successors and assigns, as administrative agent (in such capacity, the "Secured Party") for the benefit of itself and the Banks (as defined in the Credit Agreement) in connection with that certain Second Amended and Restated Credit Agreement of even date herewith among the Debtor, the Secured Party, and the commercial, banking or financial institutions and other entities from time to time parties thereto as Banks (as amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement"). This Security Agreement amends and restates that certain Security Agreement dated February 27, 2014 between the Debtor and Secured Party.
SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • January 28th, 2016 • Highwater Ethanol LLC • Industrial organic chemicals • Minnesota
THIS SECOND AMENDED AND RESATED CREDIT AGREEMENT, is entered into as of January 22, 2016, by and among HIGHWATER ETHANOL, LLC, a Minnesota limited liability company ("Borrower"), AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality, as administrative agent (the "Agent"), and the commercial, banking or financial institutions whose signatures appear on the signature pages hereof or which hereafter become parties hereto pursuant to Section 8.12 (such commercial, banking or financial institutions are sometimes hereinafter collectively the "Banks" and individually a "Bank").
SECOND AMENDED AND RESTATED TERM NOTETerm Note • January 28th, 2016 • Highwater Ethanol LLC • Industrial organic chemicals
This Term Note is one of the Term Notes evidencing the Term Loan referred to in that certain Second Amended and Restated Credit Agreement dated January 22, 2016 (the "Credit Agreement"), among the Borrower, the Banks, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent").
SECOND AMENDED AND RESTATED TERM REVOLVING NOTETerm Revolving Note • January 28th, 2016 • Highwater Ethanol LLC • Industrial organic chemicals
This Term Revolving Note is one of the Term Revolving Notes evidencing the Term Revolving Loan referred to in that certain Second Amended and Restated Credit Agreement dated January 22, 2016 (the "Credit Agreement"), among the Borrower, the Banks, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent").
SECOND AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FINANCING STATEMENTFixture Financing Statement • January 28th, 2016 • Highwater Ethanol LLC • Industrial organic chemicals • Minnesota
THIS SECOND AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FINANCING STATEMENT (this "Mortgage") made January 22, 2016, by and between HIGHWATER ETHANOL, LLC, a Minnesota limited liability company, as mortgagor (the "Mortgagor"), whose mailing address is P.O. Box 96, 24500 US Highway 14, Lamberton, MN 56152 and AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality, as mortgagee (the "Mortgagee"), whose mailing address is 1921 Premier Drive, P.O. Box 4249, Mankato, Minnesota 56002-4249.
GRAIN ORIGINATION AGREEMENTGrain Origination Agreement • January 28th, 2016 • Highwater Ethanol LLC • Industrial organic chemicals • Minnesota
THIS GRAIN ORIGINATION AGREEMENT (this “Agreement”) is made effective as of July 1, 2016 (the “Effective Date”) by and between CHS Inc., with offices at 5500 Cenex Drive, Inver Grove Heights, Minnesota 55077 (“CHS”), and Highwater Ethanol, L.L.C., with offices at 24500 US Highway 14, Lamberton, MN 56152 (“Customer”). Any reference herein to a “Party” shall refer to CHS or Customer individually, and any reference herein to “Parties” shall refer to both CHS and Customer.
