FIFTH AMENDMENT TO CONSTRUCTION
LOAN AGREEMENT
This Fifth
Amendment to Construction Loan Agreement is dated as of the 17
th day of July, 2008, and is by and between RED TRAIL
ENERGY, LLC, a North Dakota limited liability company
(“BORROWER”), and FIRST NATIONAL BANK OF OMAHA
(“BANK”), a national banking association established at
Omaha, Nebraska.
WHEREAS, the
BANK and BORROWER executed a written Construction Loan Agreement
dated as of December 16, 2005 (“AGREEMENT”).
Now, Therefore,
in consideration of the AGREEMENT, and their mutual promises made
herein, BANK and BORROWER agree as follows: