Renewal of $3.5 million Revolving Promissory Note

Contract Categories: Business Finance - Note Agreements
EX-10.1 2 c47008exv10w1.htm 10.1 RENEWAL OF $3.5 MILLION REVOLVING PROMISSORY NOTE EX-10.1
Exhibit 10.1
REVOLVING PROMISSORY NOTE
     
Omaha, Nebraska
Note Date: July 17, 2008
  $3,500,000.00
Maturity Date: July 16, 2009
     On or before July 16, 2009, Red Trail Energy, LLC (“BORROWER”), promises to pay to the order of First National Bank of Omaha (“BANK”) at any of its offices in Omaha, Nebraska the principal sum hereof, which shall be Three Million Five Hundred Thousand and no/100 ($3,500,000.00) Dollars or so much thereof as may have been advanced by BANK and shown on the records of the BANK to be outstanding, under this Note and the Construction Loan Agreement executed by the BANK and BORROWER dated as of December 16, 2005, as it may, from time to time, be amended (the “LOAN AGREEMENT”). Interest on the principal balance from time to time outstanding will be payable at a rate equal to the LIBOR RATE plus three hundred forty (340) basis points from time to time until maturity, and six hundred (600) basis points in excess of said aggregate interest rate from time to time after maturity, whether by acceleration or otherwise. Interest shall be calculated on the basis of a 360-day year, counting the actual number of days elapsed. Interest on this NOTE shall be payable quarterly, commencing October 10, 2008, and continuing on the same date of each third month thereafter. Provided, however, the LOAN AGREEMENT contains provisions for reduction of the interest rate under certain circumstances.
     This note is executed pursuant to the LOAN AGREEMENT. The LOAN AGREEMENT contains additional terms of this Note, including, but not limited to enumerated events of default, and the granting of liens to secure BORROWER’S performance. All capitalized terms not otherwise defined herein shall have the same meanings as set forth in the LOAN AGREEMENT.
     As provided in the LOAN AGREEMENT, upon any such enumerated default, BANK may accelerate the due date of this Note and declare all obligations set forth herein immediately due and payable, and BANK shall also have such other remedies as are described in the LOAN AGREEMENT and are provided by law. All makers and endorsers hereby waive presentment, demand, protest and notice of dishonor, consent to any number of extensions and renewals for any period without notice; and consent to any substitution, exchange or release of collateral, and to the addition or releases of any other party primarily or secondarily liable.
     Executed as of the Note Date set forth above.
Red Trail Energy, LLC, a North Dakota limited liability company
                     
 
                   
By:   /s/ MIKE APPERT   By:   /s/ JODY HOFF
             
 
  Name:   MIKE APPERT       Name:   JODY HOFF
 
  Title:   CHAIRMAN       Title:   VICE CHAIRMAN
REVOLVING PROMISSORY NOTE 71807

 


 

IN WITNESS whereof the parties set their hands as of the date first written above.
                     
 
                   
First National Bank of Omaha   Red Trail Energy, LLC
 
                   
 
                   
By:   /s/ Andrew Wong   By:   /s/ MIKE APPERT
             
    Andrew Wong       Name:   MIKE APPERT
 
  Commercial Loan Officer       Title:   CHAIRMAN
 
                   
 
          And        
 
                   
            By:   /s/ JODY HOFF
                 
 
              Name:   JODY HOFF
 
              Title:   VICE CHAIRMAN
     
STATE OF NORTH DAKOTA

COUNTY OF STARK
  )
) ss.
)
On this 25 day of September, 2008, before me, the undersigned Notary Public, personally appeared Mike Appert, the Chairman of Red Trail Energy, LLC, on behalf of said entity, and each acknowledged that he executed the foregoing Amendment to Loan Agreement as his voluntary act and deed and that of Red Trail Energy, LLC.
         
     
  /s/ DEELL HOFF    
  Notary Public   
     
 
         
STATE OF NORTH DAKOTA

COUNTY OF STARK
  )
) ss.
)
  DEELL HOFF
Notary Public
State of North Dakota
My Commission Expires Oct. 21, 2011
On this 25 day of September, 2008, before me, the undersigned Notary Public, personally appeared Jody Hoff, the Vice-Chair of Red Trail Energy, LLC, on behalf of said entity, and each acknowledged that he executed the foregoing Amendment to Loan Agreement as his voluntary act and deed and that of Red Trail Energy, LLC.
         
     
  /s/ DEELL HOFF    
  Notary Public   
     
 
         
    
         DEELL HOFF
Notary Public
State of North Dakota
My Commission Expires Oct. 21, 2011
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