SECURITY AGREEMENTSecurity Agreement • January 29th, 2008 • One Earth Energy LLC • Industrial organic chemicals • Nebraska
This Security Agreement (“Agreement”), dated as of September 20, 2007, is between ONE EARTH ENERGY, LLC, an Illinois limited liability company (the “Debtor”), and FIRST NATIONAL BANK OF OMAHA, a national banking association (the “Secured Party”), as collateral agent for the Banks.
CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • January 29th, 2008 • One Earth Energy LLC • Industrial organic chemicals • Nebraska
This Construction Loan Agreement (the “AGREEMENT”) is dated as of the 20th day of September, 2007, and is by and among ONE EARTH ENERGY, LLC, an Illinois limited liability company (“BORROWER”), FIRST NATIONAL BANK OF OMAHA (“FNBO”), a national banking association headquartered at Omaha, Nebraska as a BANK and as administrative agent for the BANKS (in such capacity, the “ADMINISTRATIVE AGENT”), as accounts bank (in such capacity, the “ACCOUNTS BANK”) and as collateral agent for the BANKS (in such capacity, the “COLLATERAL AGENT”), and the other financial institutions which are or may become a party to this AGREEMENT in accordance with the terms of this AGREEMENT and listed in Exhibit H to this AGREEMENT.
[Space Above This Line For Recording Data] _____________________________ CONSTRUCTION LOAN MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FINANCING STATEMENTOne Earth Energy LLC • January 29th, 2008 • Industrial organic chemicals • Illinois
THIS CONSTRUCTION LOAN MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FINANCING STATEMENT (“Mortgage”) is made as of September 20th, 2007, by ONE EARTH ENERGY, LLC, an Illinois limited liability company (“Mortgagor”), whose address is 1306 West 8th Street, Gibson City, Illinois 60936-0546, in favor of FIRST NATIONAL BANK OF OMAHA, a National Banking Association, in its capacity as the administrative agent and collateral agent under the Loan Agreement (as herein defined) (“Mortgagee”), whose address is 1620 Dodge Street, Stop 1050, Omaha, Nebraska 68197-1050.
DESIGN/BUILD CONSTRUCTION CONTRACT (LUMP SUM COST)Build Construction Contract • January 29th, 2008 • One Earth Energy LLC • Industrial organic chemicals
THIS AGREEMENT, made this 21st day of December , 2007 , by and between Hogenson Construction Company, a North Dakota corporation, hereinafter called “Contractor”, and One Earth Energy, of Gibson City, Illinois hereinafter called “Owner”.
