Single Advance Term Promissory Note
Loan No. 00090497T02
SINGLE ADVANCE TERM PROMISSORY NOTE
THIS SINGLE ADVANCE TERM PROMISSORY NOTE (this "Promissory Note") to the Credit Agreement dated March 29, 2018 (such agreement, as may be amended, hereinafter referred to as the "Credit Agreement"), is entered into as of June 19, 2020 between COMPEER FINANCIAL, FLCA, a federally-chartered instrumentality of the United States ("Lender") and HERON LAKE BIOENERGY, LLC, Heron Lake, Minnesota, a limited liability company (together with its permitted successors and assigns, the "Borrower"). Capitalized terms not otherwise defined in this Promissory Note will have the meanings set forth in the Credit Agreement.
SECTION 1.SINGLE ADVANCE TERM COMMITMENT. On the terms and conditions set forth in the Credit Agreement and this Promissory Note, Lender agrees to make a single advance loan to the Borrower in an amount not to exceed $3,000,000.00 (the "Commitment").
SECTION 2.PURPOSE. The purpose of the Commitment is to finance the construction of a new grain bin and to provide a principal reduction on the Amended and Restated Revolving Term Promissory Note 00090497T01-B.
SECTION 3.TERM. The Commitment will expire at 12:00 p.m. Denver, Colorado time on the date hereof, or on such later date as Agent may, in its sole discretion, authorize in writing.
SECTION 4.LIMITS ON ADVANCES, AVAILABILITY, ETC.The loans will be made
available as provided in Article 2 of the Credit Agreement.
SECTION 5.INTEREST. The Borrower agrees to pay interest on the unpaid balance of the loan(s) in accordance with the following interest rate option(s):
|(B)||Fixed Rate. At a rate of 3.800% per annum.|
Interest will be calculated on the actual number of days each loan is outstanding on the basis of a year consisting of 360 days and will be payable semi-annual in arrears on the 20th day of each June and December or on such other day as Agent will require in a written notice to the Borrower ("Interest Payment Date").
SECTION 6.PROMISSORY NOTE. The Borrower promises to repay the unpaid principal balance of the loan in 10 consecutive, semi-annual installments, payable on the 20th day of each June and December, with the first installment due on December 20, 2020, and the last installment due on June 20, 2025. The amount of each installment will be the same principal amount that would be required to be repaid if the loan(s) were scheduled to be repaid in level payments of principal and interest and such schedule was calculated utilizing the rate of interest in effect on the date funds are advanced under this Promissory Note. Principal due on the first payment date will constitute a amortization, regardless of any partial interest due in accordance with the provisions set forth herein.
In addition to the above, the Borrower promises to pay interest on the unpaid principal balance of the loan at the times and in accordance with the provisions set forth herein.
SECTION 7.PREPAYMENT. Subject to the broken funding surcharge provision of the Credit Agreement, the Borrower may, on one Business Day's prior written notice, prepay all or any portion of the loan(s). Unless otherwise agreed by Agent, all prepayments will be applied to principal installments in the inverse order of their maturity and to such balances, fixed or variable, as Agent will specify.
SECTION 8.SECURITY. The Borrower' s obligations hereunder and, to the extent related hereto, under the Credit Agreement, will be secured as provided in Section 2.4 of the Credit Agreement.
(A)Loan Origination Fee. In consideration of the Commitment, the Borrower agrees to pay to Agent on the execution hereof a loan origination fee in the amount of $3,000.00.
SIGNATURE PAGE FOLLOWS
SIGNATURE PAGE TO PROMISSORY NOTE
IN WITNESS WHEREOF, the parties have caused this Promissory Note to the Credit Agreement to be executed by their duly authorized officer(s).
HERON LAKE BIOENERGY, LLC
By:/s/ Steve A. Christensen
Name:Steve A. Christensen
HERON LAKE BIOENERGY. LLC
Heron Lake, Minnesota
Promissory Note No. 00090 97T02
SIGNATURE PAGE TO PROMISSORY NOTE
IN WITNESS WHEREOF, the parties have cause d this Promissory Note to the Credit Agreement to be executed by their duly authorized officer(s).
COMPEER FINANCIAL, FLCA
By:/s/ Troy Mostaert
Name: Troy Mostaert