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AMENDMENT NO. 1 TO SECURITY AGREEMENT

Security Agreement

AMENDMENT NO. 1 TO SECURITY AGREEMENT | Document Parties: EAST FORK BIODIESEL, LLC You are currently viewing:
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EAST FORK BIODIESEL, LLC

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Title: AMENDMENT NO. 1 TO SECURITY AGREEMENT
Date: 6/23/2008

AMENDMENT NO. 1 TO SECURITY AGREEMENT, Parties: east fork biodiesel  llc
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EXHIBIT 10.2 –

Amendment No. 1 to Security Agreement by and between Farm Credit Services of America, FLCA and East Fork Biodiesel, LLC dated June 17, 2008


AMENDMENT NO. 1 TO SECURITY AGREEMENT

          Amendment No. 1 (this “Amendment”) dated as of June 17, 2008 to the Security Agreement entered into as of January 30, 2007 between Farm Credit Services of America, FLCA (“Farm Credit”) and East Fork Biodiesel, LLC, Algona, Iowa (“EFB”).

RECITALS

A.      Capitalized terms used herein which are not otherwise defined herein shall have the respective meanings ascribed in the Security Agreement.

B.      The parties hereto desire to amend and restate certain terms and provisions of the Security Agreement.

C.      Accordingly, in consideration of the Recitals and the terms and conditions hereinafter set forth and for other good and valuable consideration, the receipt and accuracy of which are hereby acknowledged, Farm Credit and EFB hereby agree as follows:

AGREEMENT

1.       Amendment to Section 1 . Section 1 of the Security Agreement is hereby amended by restating the Section to read in its entirety as follows:

 

 

 

 

 

 

Grant of Security Interest. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged the Debtor hereby grants to the Secured Party a security interest in the following described personal property of the Debtor, wherever located and whether now existing or hereafter acquired, together with all accessions and additions thereto, and proceeds thereof:

 

 

 

 

 

 

 

 

all equipment, fixtures, furniture, and articles of tangible personal property (except inventory and supplies), now owned or hereafter acquired by the Company and now or hereafter located on, attached to or used on or about the Facility which are necessary for the operation of the Facility for all purposes which it is intended, or the activities conducted therein, and all renewals or replacements thereof or substitutions therefor, whether or not the same shall be attached to the Facility in any manner (the “Collateral”).

 

 

 

 

 

 

 

 

Where applicable, all terms used herein shall have the same meaning as presently and as hereafter defined in the Uniform Commercial Code (the “UCC”).

 

 

 

 

 

 

2.       Amendment to Section 3.D . Section 3.D of the Security Agreement is hereby amended by restating the Section in its entirety to read as follows:

 

 

 

 

 

 

Location of Collateral. All Collateral is now located or will be located at the Facility as defined in the Restated Term Loan Agreement.

 

 

 

 

3.       Amendment to Section 3.G . Section 3.G of the Security Agreement is hereby amended by restating the Section in its entirety to read as follows:



 


 

 

 

 

 

 

Further Assurances. Upon the request of the Secured Party, the Debtor shall do all acts and things as the Secured Party may from time to time deem necessary or advisable to enable it to perfect, maintain, and continue the perfection and priority of the security interest of the Secured Party in the Collateral, or to facilitate the exercise by the Secured Party of any rights or remedies granted to the Secured Party hereunder or provided by law. Without limiting the foregoing, the Debtor agrees to execute, in form and substance satisfactory to the Secured Party, such financing statements, amendments thereto, supplemental agreements, assignments, notices of assignments, and other instruments and documents as the Secured Party may from time to time request. The Secured Party shall use reasonable care in the custody and preservation of such Collateral in its possession, but shall not be required to take any steps necessary to preserve rights against prior parties. All costs and expenses incurred by the Secured Party to establish, perfect, maintain, determine the priority of, or release the security interest granted hereunder (including the cost of all filings, recordings, and taxes thereon and the fees and expenses of any agent retained by Secured Party) shall become part of the Obligations secured hereby and be paid by the Debtor on demand.

 

 

4.       Amendment to Section 3.K . Section 3.K of the Security Agreement regarding “Receivables” is hereby deleted in its entirety.

 

 

 

 

 

5.       Amendment to Section 3.L . Section 3.L of the Security Agreement is hereby renumbered as Section 3.K and the Section in its entirety reads as follows:

 

 

Condition of Collateral. All Collateral is now in good repair and condition and the Debtor shall at all times hereafter, at its own expense, maintain all such Collateral in good repair and condition.

 

 

 

 

 

 

6.       Amendment to Section 3.M . Section 3.M of the Se


 
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