0001371451-14-000017 Sample Contracts

SECURITY AGREEMENT
Security Agreement • March 5th, 2014 • Highwater Ethanol LLC • Industrial organic chemicals • Minnesota

THIS SECURITY AGREEMENT (this “Security Agreement”) is made as of February 27, 2014, by HIGHWATER ETHANOL, LLC, a Minnesota limited liability company (“Debtor”), in favor of AGSTAR FINANCIAL SERVICES, PCA, and its successors and assigns, as administrative agent (in such capacity, the “Secured Party”) for the benefit of itself and the Banks (as defined in the Credit Agreement) in connection with that certain Credit Agreement of even date herewith among the Debtor, the Secured Party, and the commercial, banking or financial institutions and other entities from time to time parties thereto as Banks (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”).

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CREDIT AGREEMENT by and among HIGHWATER ETHANOL, LLC and AGSTAR FINANCIAL SERVICES, PCA, as Administrative Agent, and the Banks named herein dated as of February 27, 2014
Credit Agreement • March 5th, 2014 • Highwater Ethanol LLC • Industrial organic chemicals • Minnesota

THIS CREDIT AGREEMENT, is entered into as of February 27, 2014, by and among HIGHWATER ETHANOL, LLC, a Minnesota limited liability company (“Borrower”), AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality, as administrative agent (the “Agent”), and the commercial, banking or financial institutions whose signatures appear on the signature pages hereof or which hereafter become parties hereto pursuant to Section 8.12 (such commercial, banking or financial institutions are sometimes hereinafter collectively the “Banks” and individually a “Bank”).

TERM NOTE
Term Note • March 5th, 2014 • Highwater Ethanol LLC • Industrial organic chemicals

This Term Note is one of the Term Notes evidencing the Term Loan referred to in that certain Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the “Agent”) (such agreement, as it may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”).

TERM REVOLVING NOTE
Term Revolving Note • March 5th, 2014 • Highwater Ethanol LLC • Industrial organic chemicals

This Term Revolving Note is one of the Term Revolving Notes evidencing the Term Revolving Loan referred to in that certain Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the “Agent”) (such agreement, as it may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”).

REVOLVING LINE OF CREDIT NOTE
Highwater Ethanol LLC • March 5th, 2014 • Industrial organic chemicals

This Revolving Line of Credit Note is one of the Revolving Line of Credit Notes evidencing the Revolving Line of Credit Loan referred to in that certain Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the “Agent”) (such agreement, as it may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”).

MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FINANCING STATEMENT
Mortgage, • March 5th, 2014 • Highwater Ethanol LLC • Industrial organic chemicals • Minnesota

THIS MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FINANCING STATEMENT (this “Mortgage”) made February 27, 2014, by and between Highwater Ethanol, LLC, a Minnesota limited liability company, as mortgagor (the “Mortgagor”), whose mailing address is P.O. Box 96, 24500 US Highway 14, Lamberton, MN 56152, and AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality, as mortgagee (the “Mortgagee”), whose mailing address is 1921 Premier Drive, P.O. Box 4249, Mankato, Minnesota 56002-4249.

AMENDMENT NO. 1 TO DISTILLER'S GRAIN MARKETING AGREEMENT
Grain Marketing Agreement • March 5th, 2014 • Highwater Ethanol LLC • Industrial organic chemicals

This Amendment No. to the Distiller's Grain Marketing Agreement (this "Amendment") is made effective as of February 13, 2014 (the "Amendment Effective Date") by and between Highwater Ethanol LLC, a Minnesota limited liability company ("Seller"), and CHS Inc., a Minnesota cooperative corporation ("Buyer").

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