Exhibit 10.1
FOURTH AMENDMENT TO CONSTRUCTION
LOAN AGREEMENT
This Fourth Amendment to
Construction Loan Agreement is dated as of the 22nd day of April,
2005, and is by and between DAKOTA ETHANOL, L.L.C., a South Dakota
limited liability company (“BORROWER”) and FIRST
NATIONAL BANK OF OMAHA (“BANK”), a national banking
association established at Omaha, Nebraska.
WHEREAS, BANK and BORROWER executed
a Construction Loan Agreement dated as of September 25, 2000 (the
Construction Loan Agreement, together with all amendments thereto
is herein called the “AGREEMENT”)
WHEREAS, the parties desire to
further amend the AGREEMENT.
Now, therefore, for valuable
consideration, receipt and adequacy of which is acknowledged, the
parties agree as follows:
1.
All capitalized terms herein that
are not otherwise defined shall have the meanings assigned to them
in the AGREEMENT. Any requirements, covenants and obligations of
BORROWER pursuant to the AGREEMENT with regard to the CONSTRUCTION
LOAN also apply to the TERM NOTES and REVOLVING LOAN;
2.
Effective immediately, Section 1.16
of the AGREEMENT is hereby amended to read:
1.16
“LOAN TERMINATION DATE”
means the earliest to occur of the following: (i) as to TERM NOTE
2, TERM NOTE 4, and TERM NOTE 5 , Sept
