0001104659-06-082940 Sample Contracts

AMENDMENT TO THE AGREEMENT OF LIMITED PARTNERSHIP OF HEARTLAND GRAIN FUELS, L.P.
The Agreement • December 20th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals

This Amendment to the Agreement of Limited Partnership of Heartland Grain Fuels, L.P. (the “Partnership”) is made and entered into as of November 8, 2006, by and among Heartland Producers, LLC (“HP”), HGF Acquisition, LLC (“Acquisition Sub”) and Dakota Fuels, Inc. (“DF”).

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LUMP SUM DESIGN-BUILD AGREEMENT BETWEEN ADVANCED BIOENERGY, LLC (“OWNER”) AND FAGEN, INC. (“DESIGN-BUILDER”) March 16, 2006
Lump Sum Design-Build Contract • December 20th, 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”).

SOUTH DAKOTA GRAIN FUELS, L.P. AGREEMENT OF LIMITED PARTNERSHIP August 27, 1991
Shareholders Agreement • December 20th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Kansas

THIS AGREEMENT OF LIMITED PARTNERSHIP, made and entered into as of the 27th day of August, 1991, by and among DAKOTA FUELS, INC., a Delaware corporation whose business address is c/o Farmland Industries, Inc., 3315 North Oak Trafficway, Kansas City, Missouri 64116, as the General Partner, and each of the persons set forth from time to time on Schedule A attached hereto, as the Limited Partners;

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