OPERATING AGREEMENT OF HOMELAND ENERGY SOLUTIONS, LLC Dated: Effective March 9, 2006Operating Agreement • July 21st, 2006 • Homeland Energy Solutions LLC • Iowa
THIS OPERATING AGREEMENT (the “Agreement”) is entered into effective as of the 9th day of March, 2006, by and among Homeland Energy Solutions, LLC, an Iowa limited liability company (the “Company”), each of the Persons identified as Members on attached Exhibit “A,” and any other Persons that may from time-to-time be subsequently admitted as Members of the Company in accordance with the terms of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meaning set forth in Section 1.10.
AMENDED AND RESTATED OPERATING AGREEMENT OF HOMELAND ENERGY SOLUTIONS, LLC Dated: Effective April 4, 2013Operating Agreement • March 30th, 2022 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa
THIS AMENDED AND RESTATED OPERATING AGREEMENT (the “Agreement”) is entered into effective as of the 4th day of April, 2013, by and among Homeland Energy Solutions, LLC, an Iowa limited liability company (the “Company”), each of the Persons identified as Members on the Company’s Unit Holder Register and any other Persons that may from time-to-time be admitted as Members of the Company in accordance with the terms of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meaning set forth in Section 1.10.
HOMELAND ENERGY SOLUTIONS, LLC SUBSCRIPTION AGREEMENT Limited Liability Company Membership Units $1,000 per Unit Minimum Investment of 25 Units ($25,000) 5 Unit Increments Thereafter ($5,000)Subscription Agreement • October 12th, 2006 • Homeland Energy Solutions LLC • Industrial organic chemicals
The undersigned subscriber (“Subscriber”), desiring to become a member of Homeland Energy Solutions, LLC (“Homeland Energy”), an Iowa limited liability company, with its principal place of business at 951 North Linn Avenue, New Hampton, Iowa 50659 hereby subscribes for the purchase of membership units of Homeland Energy, and agrees to pay the related purchase price, identified below.
MEMBER AMENDED AND RESTATED ETHANOL MARKETING AGREEMENTEthanol Marketing Agreement • November 9th, 2012 • Homeland Energy Solutions LLC • Industrial organic chemicals • Minnesota
THIS AGREEMENT, entered into as of this 27th day of August, 2012, and effective as of October 1, 2012 ("Effective Date") by and between RPMG, Inc., a Minnesota corporation ("RPMG"); and Homeland Energy Solutions, LLC, an Iowa limited liability company ("Member").
CHANGE IN CONTROL AGREEMENTChange in Control Agreement • May 15th, 2013 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa
THIS CHANGE IN CONTROL AGREEMENT (the “Agreement”) is made and entered into as of January 1, 2013 (the “Effective Date”), by and between Kevin Howes (the “Executive”) and Homeland Energy Solutions, LLC, an Iowa limited liability company (the “Company”).
Third Amended and Restated Consulting Agreement Between Homeland Energy Solutions LLC And Cornerstone Resources LLC.Consulting Agreement • February 22nd, 2019 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa
This Third Amended and Restated Consulting Agreement (the “Agreement”) is entered into effective as of the 1ST day of January, 2019 by and between Cornerstone Resources, LLC, an Iowa limited liability company (“CR”) and Homeland Energy Solutions, LLC (“HES”), an Iowa limited liability company which parties may sometimes be referred to herein individually as a “Party”, or collectively as the “Parties”.
THIRD AMENDED MANAGEMENT SERVICES AGREEMENTManagement Services Agreement • February 22nd, 2012 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa
This MANAGEMENT SERVICES AGREEMENT (“Agreement”) is made and entered into to be effective as of the 15th day of December, 2011, by and between Golden Grain Energy, LLC, an Iowa Limited Liability Company (“Golden”) and Homeland Energy Solutions, LLC, an Iowa Limited Liability Company (“Homeland”) and is as follows:
HOMELAND ENERGY SOLUTIONS, LLC SUBSCRIPTION AGREEMENT Limited Liability Company Membership Units $1,000 per Unit Minimum Investment of 25 Units ($25,000) 5 Unit Increments Thereafter ($5,000)Subscription Agreement • November 22nd, 2006 • Homeland Energy Solutions LLC • Industrial organic chemicals
The undersigned subscriber (“Subscriber”), desiring to become a member of Homeland Energy Solutions, LLC (“Homeland Energy”), an Iowa limited liability company, with its principal place of business at 106 W. Main Street, Riceville, lowa 50466 hereby subscribes for the purchase of membership units of Homeland Energy, and agrees to pay the related purchase price, identified below.
AMENDED AND RESTATED ESCROW AGREEMENTEscrow Agreement • November 9th, 2006 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa
THIS AMENDED AND RESTATED ESCROW AGREEMENT (this “Agreement”) is made this 8th day of November, 2006, by and between Homeland Energy Solutions, LLC an Iowa limited liability company (“Homeland Energy”) and Home Federal Savings Bank as escrow agent (the “Escrow Agent”).
PHASE I AND PHASE II ENGINEERING SERVICES AGREEMENT BETWEEN HOMELAND ENERGY SOLUTIONS, LLC AND FAGEN ENGINEERING, LLC December 5, 2006 * Portions omitted pursuant to a request for confidential treatment and filed separately with the Securities and...Engineering Services Agreement • May 15th, 2007 • Homeland Energy Solutions LLC • Industrial organic chemicals • Minnesota
THIS PHASE I AND PHASE II ENGINEERING SERVICES AGREEMENT (the “Agreement”) is made as of December 5, 2006, (the “Effective Date”) by and between Homeland Energy Solutions, LLC, an Iowa limited liability company (the “Client”) and Fagen Engineering, LLC a Minnesota Limited Liability Company (the “Engineer”). Each of the Client and Engineer are referred to herein individually as a “Party” and collectively as the “Parties.”
DISTILLER’S GRAIN MARKETING AGREEMENTDistiller’s Grain Marketing Agreement • August 14th, 2008 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa
THIS DISTILLER’S GRAIN MARKETING AGREEMENT (the “Agreement”), is entered into effective as of Aug 8 , 2008, by and between Homeland Energy Solutions, LLC an Iowa limited liability company (“Seller”) and CHS Inc., a Minnesota cooperative corporation (“Buyer”).
INDEPENDENT CONTRACTOR AGREEMENTIndependent Contractor Agreement • November 14th, 2014 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa
THIS INDEPENDENT CONTRACTOR AGREEMENT (“Agreement”) is made and entered into effective as of the 12th day of May, 2014 (the “Effective Date”), by and between Homeland Energy Solutions, LLC (“HES”) and Walter W. Wendland (“Wendland”).
SECURITY AGREEMENTSecurity Agreement • February 22nd, 2008 • Homeland Energy Solutions LLC • Industrial organic chemicals
TERMINATION AGREEMENTTermination Agreement • May 16th, 2014 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa
This Termination Agreement, dated as of May 16, 2014 (the “Termination Agreement”), between Golden Grain Energy, LLC, an Iowa limited liability company (“Golden”), and Homeland Energy Solutions, LLC, an Iowa limited liability company (“Homeland”, and together with Golden, the “Parties”, and each, a “Party”).
SEVENTH AMENDMENT TO MASTER LOAN AGREEMENTMaster Loan Agreement • February 27th, 2014 • Homeland Energy Solutions LLC • Industrial organic chemicals
This SEVENTH AMENDMENT TO MASTER LOAN AGREEMENT (this “Amendment”) is entered into as of November 29, 2013, by and between HOMELAND ENERGY SOLUTIONS, LLC, an Iowa limited liability company (“Borrower”), and HOME FEDERAL SAVINGS BANK, a federally chartered stock savings bank organized under the laws of the United States (“Lender”).
OPTIONOption • July 21st, 2006 • Homeland Energy Solutions LLC
THIS OPTION TO PURCHASE granted this 13th day of April, 2006, by F.H. Kestel, party of the first part, to Homeland Energy Solutions, LLC an Iowa Limited Liability Company, having its principal place of business at 951 North Linn Avenue, New Hampton, Iowa 50659, party of the second part.
APPENDIX I THIRD AMENDMENT TO AMENDED AND RESTATED OPERATING AGREEMENT OF HOMELAND ENERGY SOLUTIONS, LLCOperating Agreement • May 16th, 2018 • Homeland Energy Solutions LLC • Industrial organic chemicals
THIS THIRD AMENDMENT TO THE AMENDED AND RESTATED OPERATING AGREEMENT OF HOMELAND ENERGY SOLUTIONS, LLC dated April 4, 2013, as amended, (the “Operating Agreement”) is adopted and approved effective as of the 12th day of April, 2018, by the affirmative vote of a majority of the Membership Voting Interests represented at a Member meeting of Homeland Energy Solutions, LLC (the “Company”) at which a quorum was present, pursuant to Section 8.1 of the Operating Agreement.
AGREEMENT FOR PRIVATE DEVELOPMENTAgreement for Private Development • May 15th, 2008 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa
THIS AGREEMENT FOR PRIVATE DEVELOPMENT (hereinafter called “Agreement”) is made on the 18th day of December, 2007, by and between Chickasaw County, Iowa, a municipality (hereinafter called the “County”), a public body corporate and Homeland Energy Solutions, LLC (“Developer”), a limited liability company.
MEMBER ETHANOL FUEL MARKETING AGREMEENTHomeland Energy Solutions LLC • May 16th, 2011 • Industrial organic chemicals • Minnesota
THIS AGREEMENT, entered into as of March 1, 2011, by and between RPMG, Inc., a Minnesota corporation, hereinafter referred to as “RPMG”); and Homeland Energy Solutions, LLC, an Iowa limited liability company, hereinafter referred to as (“Member”).
Portions omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. First Amendment to the Lump Sum Design-Build Agreement between Homeland Energy Solutions, LLC and Fagen, Inc. dated...Fixture Filing and Security Agreement • August 14th, 2007 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa
CUSTOMER AGREEMENTCustomer Agreement • August 14th, 2008 • Homeland Energy Solutions LLC • Industrial organic chemicals
In consideration of the acceptance by ADM Investor Services, Inc. (“ADMIS”) acting as broker, of one or more accounts of the undersigned (“Customer”) for the purchase or sale of commodity futures, commodity options, forward contracts, foreign exchange, physical or cash commodities, and exchange for physical (“EFP”) transactions (Collectively “contracts”) it is agreed as follows:
MANAGEMENT SERVICES AGREEMENTManagement Services Agreement • February 26th, 2009 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa
This MANAGEMENT SERVICES AGREEMENT (“Agreement”) is made and entered into to be effective as of the 15th day of December, 2008, by and between Golden Grain Energy, LLC, an Iowa Limited Liability Company (“Golden”) and Homeland Energy Solutions, LLC, an Iowa Limited Liability Company (“Homeland”) and is as follows:
DISBURSING AGREEMENTDisbursing Agreement • February 22nd, 2008 • Homeland Energy Solutions LLC • Industrial organic chemicals • Minnesota
THIS DISBURSING AGREEMENT is made and entered into this 30th day of November, 2007, by and among HOMELAND ENERGY SOLUTIONS, LLC, an Iowa limited liability company, (the “Borrower”), HOME FEDERAL SAVINGS BANK (the “Lender”), and TRI-COUNTY ABSTRACT AND TITLE GUARANTY, INC., a Minnesota corporation, (the “Title Company” and “Disbursing Agent”).
THIRD AMENDMENT TO AMENDED AND RESTATED MASTER LOAN AGREEMENTMaster Loan Agreement • August 13th, 2021 • Homeland Energy Solutions LLC • Industrial organic chemicals • Minnesota
THIS THIRD AMENDMENT TO AMENDED AND RESTATED MASTER LOAN AGREEMENT (this “Amendment”) is made to be effective as of July 22, 2021, by and between HOMELAND ENERGY SOLUTIONS, LLC, an Iowa limited liability company (“Borrower”), and HOME FEDERAL SAVINGS BANK, a federally chartered stock savings bank organized under the laws of the United States (“Lender”).
SECOND SUPPLEMENT TO MASTER LOAN AGREEMENT (TERM REVOLVING LOAN)Master Loan Agreement • February 22nd, 2008 • Homeland Energy Solutions LLC • Industrial organic chemicals
THIS SECOND SUPPLEMENT TO MASTER LOAN AGREEMENT (this “Second Supplement”) is made and entered into as of November 30, 2007, by and between HOME FEDERAL SAVINGS BANK (“Lender”) and HOMELAND ENERGY SOLUTIONS, LLC, an Iowa limited liability company (“Borrower”), and supplements and incorporates all of the provisions of that certain Master Loan Agreement, of even date herewith, between Lender and Borrower (as the same may be amended, modified, supplemented, extended or restated from time to time, the “MLA”).
THIRD SUPPLEMENT TO MASTER LOAN AGREEMENT (REVOLVING LINE OF CREDIT LOAN)Master Loan Agreement • February 22nd, 2008 • Homeland Energy Solutions LLC • Industrial organic chemicals
THIS THIRD SUPPLEMENT TO MASTER LOAN AGREEMENT (this “Third Supplement”) is made and entered into as of November 30, 2007, by and between HOME FEDERAL SAVINGS BANK (“Lender”) and HOMELAND ENERGY SOLUTIONS, LLC, an Iowa limited liability company (“Borrower”), and supplements and incorporates all of the provisions of that certain Master Loan Agreement, of even date herewith, between Lender and Borrower (as the same may be amended, modified, supplemented, extended or restated from time to time, the “MLA”).
AMENDED AND RESTATED THIRD SUPPLEMENT TO MASTER LOAN AGREEMENT (REVOLVING LINE OF CREDIT LOAN)Master Loan Agreement • May 15th, 2012 • Homeland Energy Solutions LLC • Industrial organic chemicals
THIS AMENDED AND RESTATED THIRD SUPPLEMENT TO MASTER LOAN AGREEMENT (this “Supplement”) is made and entered into as of May 14, 2012, by and between HOME FEDERAL SAVINGS BANK (“Lender”), and HOMELAND ENERGY SOLUTIONS, LLC, an Iowa limited liability company (“Borrower”), and supplements and incorporates all of the provisions of the MLA (as defined below).
CHANGE IN TERMS AGREEMENTChange in Terms Agreement • November 14th, 2007 • Homeland Energy Solutions LLC • Industrial organic chemicals
DESCRIPTION OF EXISTING INDEBTEDNESS. That certain Promissory Note dated March 23, 2007 in the original principal amount of $3,517,572.00, amended by a Change in Terms Agreement dated April 23, 2007, amended by a Change in Terms Agreement dated May 4, 2007, amended by a Change in Terms Agreement dated May 9, 2007, with a current principal balance of $3,517,572.00.
MEMBERSHIP UNIT REPURCHASE AGREEMENTMembership Unit Repurchase Agreement • August 15th, 2013 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa
THIS MEMBERSHIP UNIT REPURCHASE AGREEMENT, (the “Agreement”) is executed as of June 13, 2013 (the “Effective Date”), by and between HOMELAND ENERGY SOLUTIONS, LLC, an Iowa limited liability company (the “Company”) and STEVEN J. RETTERATH, an individual resident of Florida (“Member”).
Portions omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.*** VBV ETHANOL MARKETING AGREEMENTVBV Ethanol Marketing Agreement • August 14th, 2008 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa
This Ethanol Marketing Agreement (“Agreement”) is made and entered into as of this 14th day of August, 2008 by and between Homeland Energy Solutions, LLC (“HES”), an Iowa Limited Liability Company, and VBV, LLC., a Delaware Limited Liability Company (“VBV”) (each a “Party”, and collectively the “Parties”).
LOCK-UP AGREEMENTLock-Up Agreement • November 9th, 2006 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa
THIS LOCK-UP AGREEMENT (the “Agreement”) is made and entered into this 6th day of November, 2006 by and between HOMELAND ENERGY SOLUTIONS, LLC (the “Company”), an Iowa limited liability company, STEPHEN EASTMAN (“Eastman”), JAMES BOEDING (“Boeding”), BERNARD RETTERATH (“B. Retterath”), PAT BOYLE (“Boyle”), STEVE DIETZ (“Dietz”), CHAD KUHLERS (“Kuhlers”), STEVEN H. CORE (“Core”) and STEVE RETTERATH (“S. Retterath”). Eastman, Boeding, B. Retterath, Boyle, Dietz, Kuhlers, Core and S. Retterath are hereby collectively referred to herein as “Security Holders.” The Agreement shall be filed with the Company.
SECOND AMENDMENT TO AMENDED AND RESTATED MASTER LOAN AGREEMENTMaster Loan Agreement • November 13th, 2020 • Homeland Energy Solutions LLC • Industrial organic chemicals • Minnesota
THIS SECOND AMENDMENT TO AMENDED AND RESTATED MASTER LOAN AGREEMENT (this “Amendment”) is made to be effective as of November, 2020, by and between HOMELAND ENERGY SOLUTIONS, LLC, an Iowa limited liability company (“Borrower”), and HOME FEDERAL SAVINGS BANK, a federally chartered stock savings bank organized under the laws of the United States (“Lender”).
FIRST AMENDMENT TO OPERATING AGREEMENT OF HOMELAND ENERGY SOLUTIONS, LLCOperating Agreement • November 22nd, 2006 • Homeland Energy Solutions LLC • Industrial organic chemicals
THIS FIRST AMENDMENT TO THE OPERATING AGREEMENT OF HOMELAND ENERGY SOLUTIONS, LLC dated March 9, 2006 (the “Operating Agreement”) is adopted and approved effective as of the 14th day of November, 2006, by the affirmative vote of a majority of the members of Homeland Energy Solutions, LLC (the “Company”) pursuant to Section 8.1 of the Operating Agreement of the Company at a Meeting of the Members held on November 14, 2006.
AGREEMENT FOR ELECTRIC SERVICEAgreement for Electric Service • May 15th, 2009 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa
THIS AGREEMENT is entered into and effective this 6th day of March, 2009, by and between Hawkeye Tri-County Electric Cooperative d/b/a Hawkeye REC (“Seller”), 24049 State Hwy 9, Cresco, Iowa 52136-0090, a cooperative corporation, organized and existing under the laws of the State of Iowa, and Homeland Energy Solutions, LLC (“Customer”), a corporation organized and existing under the laws of the State of Iowa, as operator of the Homeland Energy Ethanol Production Plant to be located in Chickasaw County, Iowa.
MASTER CONTRACT BY AND BETWEEN Homeland Energy Solutions, LLC AND THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT CONTRACT NUMBER: P0705M01382Funding Agreement • May 15th, 2008 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa
This FINANCIAL ASSISTANCE CONTRACT (the “Master Contract”) is made as of the CONTRACT EFFECTIVE DATE by and between the Iowa Department of Economic Development (“IDED”), 200 East Grand Avenue, Des Moines, IA 50309 and Homeland Energy Solutions, LLC an Iowa Limited Liability Company (“Business”), 106 West Main, P.O. Box C, Riceville, IA 50466.
