LUMP SUM DESIGN-BUILD AGREEMENT BETWEEN ADVANCED BIOENERGY, LLC (“OWNER”) AND FAGEN, INC. (“DESIGN-BUILDER”) March 16, 2006License Agreement • May 15th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota
This LUMP SUM DESIGN-BUILD CONTRACT (the “Agreement”) is made as of March 16, 2006, (the “Effective Date”) by and between Advanced BioEnergy, LLC, a Delaware Limited Liability Company (the “Owner”) and Fagen, Inc., a Minnesota corporation (the “Design-Builder”).
MASTER LOAN AGREEMENTMaster Loan Agreement • May 15th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Colorado
THIS MASTER LOAN AGREEMENT is entered into as February 17, 2006, between FARM CREDIT SERVICES OF AMERICA, FLCA (“Farm Credit”) and ADVANCED BIOENERGY, LLC, Fairmont, Nebraska (the “Company”).
ContractLicense Agreement • May 15th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals
THIS LICENSE AGREEMENT (this “License Agreement”) is entered into and made effective as of the 13th day of March, 2006 (“Effective Date”) by and between Advanced BioEnergy, LLC, a Delaware Limited Liability Company (“OWNER”), and ICM, Inc., a Kansas corporation (“ICM”).
CONSTRUCTION AND REVOLVING TERM LOAN SUPPLEMENTAdvanced BioEnergy, LLC • May 15th, 2006 • Industrial organic chemicals
THIS SUPPLEMENT to the Master Loan Agreement dated February 17, 2006, (the “MLA”), is entered into as of February 17, 2006, and effective as of December 1, 2006, (the “Effective Date”) between FARM CREDIT SERVICES OF AMERICA, FLCA (“Farm Credit”) and ADVANCED BIOENERGY, LLC, Fairmont, Nebraska (the “Company”).
FORM 5130 (10-2005) CTL 2:102 CTL 3:268 Customer No:141967 Note No:101 Note Date: February 13, 2006Advanced BioEnergy, LLC • May 15th, 2006 • Industrial organic chemicals
For value received, the undersigned Maker(s) jointly and severally promise to pay in U.S. dollars to Farm Credit Services of America, PCA, Lender, at its office in Omaha, Nebraska, or order, the principal sum of ONE MILLION, $1,000,000.00, (Maximum Principal Balance), plus interest on the principal remaining from time to time unpaid.
CONTRACT FOR ELECTRIC SERVICE Between PERENNIAL PUBLIC POWER DISTRICT And ADVANCED BIOENERGY, LLCContract for Electric Service • May 15th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Nebraska
This CONTRACT is entered into this 25th day of April, 2006, between Perennial Public Power District, a public corporation and political subdivision of the State of Nebraska (Perennial), and Advanced BioEnergy, LLC, a Delaware limited liability company (ABE), each sometimes hereinafter referred to singularly as “Party” and collectively as the “Parties”. Perennial hereby agrees to sell and deliver to ABE and ABE agrees to purchase and receive from Perennial all of the electric power and energy needed at the ABE ethanol production facility located in Section 36, Township 8 North, Range 3 West in Fillmore County, Nebraska.
ADVANCED BIOENERGY, LLC SERIES 2006 PROMISSORY NOTEPromissory Note • May 15th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Nebraska
This Promissory Note (“Note”) made and entered into as of the 27th day of April, 2006, by and among Advanced BioEnergy, LLC, a Delaware limited liability company (the “Company”) as debtor, and the County of Fillmore, in the State of Nebraska, duly existing under the laws of the State of Nebraska (the “Issuer”), and Wells Fargo Bank, N.A., as assignee of the Issuer (the “Trustee”); witnesseth:
Employment AgreementEmployment Agreement • May 15th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota
This Employment Agreement (this “Agreement”) is entered into on April 7, 2006 (the “Effective Date”) by and between Advanced BioEnergy, LLC, a Delaware limited liability company (the “Company”), and Don Gales, a resident of Kansas (“Executive”).
Employment AgreementEmployment Agreement • May 15th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota
This Employment Agreement (this “Agreement”) is entered into on April 7, 2006 (the “Effective Date”) by and between Advanced BioEnergy, LLC, a Delaware limited liability company (the "Company”), and Revis L. Stephenson III, a resident of Minnesota (“Executive”).
TRACK MATERIAL PURCHASE AGREEMENTTrack Material Purchase Agreement • May 15th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals
This Track Material Purchase Agreement (“Agreement”) is entered this ___ day of May, 2006 by and between The Tie Yard of Omaha, 8202 “F” Street, Omaha, NE 68127 (“Seller”) and Advanced Bioenergy, LLC, 137 N.8thStreet, P.O. Box 424, Geneva,Nebraska 68361 (“Buyer”).
7,000,000 County of Fillmore, State of Nebraska, Subordinate Exempt Facilities Revenue Bonds, Series 2006A (Advanced BioEnergy, LLC Ethanol Plant Project) LOAN AND TRUST AGREEMENT by and among COUNTY OF FILLMORE STATE OF NEBRASKA, as Issuer, ADVANCED...Loan and Trust Agreement • May 15th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Nebraska
SUBORDINATE DEED OF TRUST AND CONSTRUCTION SECURITY AGREEMENT (Hereinafter referred to as “Deed of Trust”) MADE BY ADVANCED BIOENERGY, LLC (Hereinafter referred to as “Trustor”) TO WELLS FARGO BANK, N.A., as trustee 1248 “O” Street Lincoln, Nebraska...Trust and Construction Security Agreement • May 15th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Nebraska
THIS INSTRUMENT ALSO CONSTITUTES A CONSTRUCTION SECURITY AGREEMENT AND SECURES AN OBLIGATION OF THE TRUSTOR INCURRED FOR THE PURPOSE OF MAKING AN IMPROVEMENT OF THE REAL ESTATE DESCRIBED HEREIN.
STATUSED REVOLVING CREDIT SUPPLEMENTAdvanced BioEnergy, LLC • May 15th, 2006 • Industrial organic chemicals
THIS SUPPLEMENT to the Master Loan Agreement dated February 17, 2006, (the “MLA”), is entered into as of February 17, 2006, and effective March 1, 2007, or such earlier date as Agent (as that term is defined in the MLA) may establish in its sole discretion, (the “Effective Date”) between FARM CREDIT SERVICES OF AMERICA, FLCA (“Farm Credit”) and ADVANCED BIOENERGY, LLC, Fairmont, Nebraska (the “Company”).
AMENDMENT TO THE MASTER LOAN AGREEMENTMaster Loan Agreement • May 15th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals
THIS AMENDMENT is entered into as of April 11, 2006, between FARM CREDIT SERVICES OF AMERICA, FLCA (“Farm Credit”) and ADVANCED BIOENERGY, LLC, Fairmont, Nebraska (the “Company”).
REAL ESTATE OPTION AGREEMENTReal Estate Option Agreement • May 15th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Nebraska
THIS AGREEMENT is made this 5th day of May , 2005, by and between Fillmore Western Railway Company and , (hereinafter referred to as “Seller”) and Advanced BioEnergy, LLC, a Delaware limited liability company (hereinafter referred to as “Buyer”).
