GRAIN FACILITY LEASE AND SUBLEASEFacility Lease and Sublease • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • Nebraska
THIS GRAIN FACILITY LEASE AND SUBLEASE (this “Lease”) is made and entered into this 25th day of September, 2006 (“Signing Date”), by and between Cargill, Incorporated, a Delaware corporation with principal offices and place of business at 15407 McGinty Road West, Wayzata, Minnesota 55391 (hereinafter referred to as “Landlord”), and Pioneer Trail Energy, LLC, a Delaware limited liability company with principal offices and place of business in Wood River, Nebraska (hereinafter referred to as “Tenant”). The Effective Date of this Lease shall be the date of Provisional Acceptance (as defined in the Agreement for Engineering, Procurement and Construction, dated as of April 28, 2006, between Tenant and TIC - The Industrial Company Wyoming, Inc.) (“Effective Date”). Landlord and Tenant are each a “Party” and collectively are the “Parties” to this Lease.
