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SIXTH AMENDMENT TO CONSTRUCTION LOAN AGREEMENT

Construction Loan Agreement

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LAKE AREA CORN PROCESSORS LLC | DAKOTA ETHANOL, L.L.C | FIRST NATIONAL BANK OF OMAHA

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Title: SIXTH AMENDMENT TO CONSTRUCTION LOAN AGREEMENT
Governing Law: Nebraska     Date: 5/15/2006

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Exhibit 10

Exhibit 10.1

 

SIXTH AMENDMENT TO CONSTRUCTION LOAN AGREEMENT

 

This Sixth Amendment to Construction Loan Agreement is dated as of the 23rd day of March, 2006, 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”);

 

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.

 

2.             BORROWER acknowledges and agrees it owes BANK (as part of its OBLIGATIONS):

                  TERM NOTE 2 which has a current principal balance of $9,360,401.39

                  TERM NOTE 4 which has a current principal balance of $88,121.03 that is to be paid on April 1, 2006;

                  TERM NOTE 5 which has a current principal balance of $0, and a commitment of $5,000,000;

                  REVOLVING NOTE which has a current principal balance of $0, and a commitment of $3,000,000.00.

 

3.             The parties desire to revise TERM NOTE 5 to amend it from a Reducing Revolver to a Long Term Revolving Note, which will provide at all times a $5,000,000 revolving facility to BORROWER after TERM NOTE 4 is paid, and to revise the repayment schedule of TERM NOTE 5.

 

4.             Attached hereto as Exhibit 6-A is a replacement TERM NOTE 5, which by execution hereof, will replace the TERM NOTE 5 Reducing Revolver with a new TERM NOTE 5 Long Term Revolver, with the revised repayment terms as described in the new TERM NOTE 5.

 

5.             Section 1.17 of the AGREEMENT (definition of MANAGEMENT CONTRACT) is hereby deleted in its entirety, effective immediately.

 

6.             Section 1.18 of the AGREEMENT is hereby amended to read, effective immediately:

 

1.18 “MARKETING CONTRACTS” means the written contract dated as of November 30, 2005, between BORROWER and Renewable Products Marketing

 



 

Group, L.L.C. to market ethanol, and the written contract dated as of November 28, 2005, between BORROWER and Commodity Specialists Company to market Dry Distiller’s Grain.

 

7.             Section 7.1.13 of the AGREEMENT (regarding Broin and Associates as management company) is hereby deleted in its entirety, effective immediately.

 

8.             Effective immediately, Section 7.1.14 of the AGREEMENT is hereby amended to read:

 

7.1.14 The BORROWER shall fail to keep MARKETING CONTRACTS in force.

 

9.             Effective immediately, the BANK’s address as stated in Section 8.7 is hereby amended to read, effective immediately:

 

If to the BANK:

 

First National Bank of Omaha

1620 Dodge St., STOP 1050

Omaha, NE 68197-1050

Attention: Chris Reiner

 

10.           BORROWER certifies by its execution hereof that the representations and warranties set forth in Section 5.1. of the AGREEMENT are true as of this date, and that no EVENT OF DEFAULT Ender the AGREEMENT, and no event which, with the giving of notice or passage of time or both, would become such an EVENT OF DEFAULT, has occurred as of this date.

 

11.           Except as amended hereby the parties ratify and confirm as binding upon them all of the terms of the AGREEMENT.

 

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers or managers thereunto duly authorized, as of the date first above written.

 

Dakota Ethanol, L.L.C.

 

First National Bank of Omaha

 

 

 

 

 

 

By:

  /s/ Brian Woldt

 

By:

  /s/ Mark A. Baratta

 

Brian Woldt

 

 

 

Chairman of the Board of Governors

 

Its:

  Vice President

 

 

 

 

 

 

 

 



 

Exhibit 6-A

 

TERM NOTE 5
(Long Term Revolver)

 

Note Date: March

 

, 2006

 

$5,000,000.00 

 

 

 

 

 

Maturity Date: September 1, 2011

 

 

 

FOR VALUE RECEIVED, DAKOTA ETHANOL, L.L.C., a South Dakota limi

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