EXHIBIT
10.23
STATE OF
NEBRASKA
NEBRASKA DEPARTMENT OF
REVENUE
ETHANOL PRODUCTION CREDIT
AGREEMENT
This agreement
is entered into pursuant to NEB. REV. STAT. § 66-1344 and Laws
2001, LB 536, Section 7, between Husker Ag Processing, LLC,
hereinafter referred to as "Husker Ag," and the State of Nebraska,
by the State Tax Commissioner, hereinafter referred to as "the
State."
It is hereby
agreed between Husker Ag and the State that:
1.
Husker Ag is in the process of
planning and constructing an ethanol production facility and, upon
completion of the anticipated construction, will own and control an
ethanol production facility located along Highway 20, three miles
east of Plainview, Nebraska.
2.
Husker Ag hereby agrees to produce
ethanol at the facility and any expansion thereof.
3.
The State agrees to furnish Husker
Ag the tax credits as provided by and limited in NEB. REV. STAT.
§ 66-1344 in effect on the date of the agreement. Credits in
the amount of eighteen cents per gross gallon of ethanol produced,
before denaturing, will be furnished following the procedures
described below. The tax credits furnished by the State shall be in
the form of nonrefundable, transferable motor vehicle fuel tax
credit certificates.
4. The name
plate design capacity for the production of ethanol, before
denaturing, at this facility at the commencement of production will
be twenty million (20,000,000) gross gallons.
5.
The credits will be given only for
ethanol produced at the ethanol production facility identified
above at which all fermentation, distillation and dehydration take
place.
6.
Husker Ag may begin to apply for
credits once it attains a minimum rate of ethanol production,
before denaturing, of one hundred thousand (100,000) gross gallons
annually. This minimum rate of ethanol production must be
accomplished prior to June 30, 2004.
7.
In order to show that it can
accurately measure the requisite minimum rate of production, Husker
Ag shall initially provide the State with documentation indicating
that the metering devices used to measure the minimum rate of
production have been approved by the State of Nebraska, Department
of Agricu