**                Exhibit 10.21**

 

**DakotaCommodities**

**DDGSMARKETING CONTRACT**

 

This DDGS MarketingContract is made and entered into this 7th day of January, 2003, by and betweenGreat Plains Ethanol, LLC having an address of Post Office Box 172, Lennox,South Dakota, 57039 (hereinafter referred to as Owner), and Broin Enterprises,Inc. d/b/a/ DAKOTA COMMODITIES, having an address of 851 Washington Street,Scotland, South Dakota, 57059 (hereinafter referred to as Marketer).

 

**WITNESSETH:**

 

**WHEREAS**, the Owner would like to utilizethe services of Marketer to market Dry Distiller’s Grain with Solubles,Modified Wet Distiller’s Grain, Wet Distiller’s Grain, and Solubles (Syrup),hereinafter referred to as DDGS from its plant in Turner county, South Dakota;and

 

**WHEREAS**, Marketer has the ability andexperience to market DDGS; and,

 

**WHEREAS**, the parties desire to enter intoand execute this Contract for the purpose of setting forth terms andconditions.

 

**NOW,THEREFORE**,in consideration of the foregoing and the mutual covenants and agreements setforth herein, the parties agree as follows:

 

**AGREEMENT**

 

Owner gives Marketerexclusive rights to market all Distiller’s Feed Products from its ethanol plantin Turner County, South Dakota.

 

Owner will inform theMarketer of daily inventories, plant shutdowns, daily production projections,and any other information requested by Marketer.

 

Marketer will beresponsible for arranging truck and rail transportation.

 

Owner agrees toparticipate in and share in the cost for DDGS promotional activities withMarketer.

 

**FEES**

 

Marketer will guaranteethe sale of Owner’s DDGS at available market prices. The Marketing Fee will be3% of gross monthly DDGS sales, with a minimum annual marketing fee of $200,000per year, F.O.B. the plant site. Fees will not be earned on uncollectedaccounts receivable. Adjustment for the fee will be made at the time write offoccurs.

 

----

 

**BILLING**

 

Marketer will be responsible for billing andreceipt of payment for all DDGS. Each Thursday a payment will be made to Ownerfor all DDGS invoiced 13-19 days prior that have been paid by the customer.When weekly payment is made, any unpaid invoices greater than 30 days at thattime will be paid to Owner. The Marketing Fee will be deducted from eachpayment to Owner.

 

Marketer will be responsible for invoicingall loads, receiving payments from customers, and paying freight whennecessary. Owner will be responsible for entering information at the end ofeach workday into the Broin Companies Marketing Network system of the currentday’s shipments. Marketer will send invoices to the customers the next dayafter information is entered.

 

**COLLECTIONS**

 

Marketer will require credit applicationsfrom all credit customers and make reasonable efforts to review theircreditworthiness. As deemed necessary at Marketer’s discretion, Marketer willobtain at its expense, Credit Bureau reports or Dunn and Bradstreet reports forcustomers of the Owner. Marketer will then recommend to Owner, which if anyaccount Marketer feels should be rejected. Owner will have the right to requestand review the rejection recommendations and/or reports and notify Marketer inwriting of any customers that should not be rejected and additional customersthat are rejected by owner. Marketer will not sell product to any customersrejected by Marketer or Owner.

 

Marketer will make reasonable efforts tocollect any past due accounts. Any collection agency fees resulting from thecollection process will be borne by Owner. All accounts receivable lossesarising from the marketing of DDGS are the sole responsibility of Owner.

**TERMS**

 

The term of this agreement shall continue forthe length of the original primary debt financing or a minimum of seven (7)years from the time the plant begins processing corn, whichever is longer. Thiscontract renews for an additional three (3) years, at the end each of three (3)year period, unless discontinued by either party. Notice of discontinuationmust be made in writing at least three (3) months prior to the expiration dateof the contract.

 

Within 15 days of written notice ofdiscontinuation Marketer will provide owner with a quantity per month for up toone year from the discontinuation that will be needed to fulfill salescontracts in existence at the time of discontinuation. Owner agrees that allexisting contracts provided in the 15 day period will be fulfilled, and theterms of this contract will remain in effect for all such tons.

 

2

----

 

**DISCONTINUATIONOF PRODUCTION**

 

In the case that owner wishes to discontinuethe production of DDGS, Owner will notify Marketer one year in advance so thatall contract commitments made by Marketer may be met. If less than one yearnotice of discontinuation of production is provided to Marketer, or ifunforeseen circumstances cause the cease of production, Owner grants Marketerthe right to buy in product shortfalls for the account of owner on any unfilledcontracts, and that any associated losses will be reimbursed by Owner toMarketer.

 

**LIABILITY**

 

Any and all liability related to the productshall remain the sole liability of Owner.

 

**INSURANCE**

 

Marketer will furnish Owner with acertificate of insurance showing a minimum of one million dollars in liabilitycoverage.

 

Owner will provide Marketer with acertificate of insurance showing a minimum of one million dollars in liabilitycoverage.

 

**REPORTING**

 

Marketer will provideOwner with the following report on a regular basis during the term of thisContract:

 

**List ofReports**

 

| **Report**         |   | **Frequency** |
|--------------------|--------|---------------|
| Shipping Orders    |   | Daily         |
| Market Information |   | Weekly        |
| Sales Summary      |   | Monthly       |

 

Marketer will share current and agedreceivable reports with Owner on a weekly basis.

 

**INDEMNIFICATION**

 

1.                                       Indemnity by the Owner. Owner shall indemnify, holdharmless and defend Marketer and its officers, directors, employees and agentsfrom and against any and all claims, actions, damages, liabilities andexpenses, including but not limited to, attorneys’ and other professional fees,in connection with loss of life, personal injury and/or damage to property ofthird parties, arising from or out of Marketer’s services provided under theterms and conditions of this Agreement, except that the Owner shall notindemnify, hold harmless and defend Marketer from (i) the negligent orintentional acts of Marketer and its officers, directors, employees and agents,(ii) any act beyond the scope of Marketer’s services to be rendered under theterms and conditions of this Agreement, and (iii) any violation of laws,regulations,

 

3

----

 

ordinances and/or court orders. Any and all liability related to theproduct shall remain the sole liability of the Owner.

 

2.                                       Indemnity by the Marketer. Marketer shall indemnify, holdharmless and defend Owner, and its governors, employees and agents from andagainst any and all claims, actions, damages, liabilities and expenses,including, but not limited to, attorneys’ and other professional fees, inconnection with loss of life, personal injury and/or damage to property ofthird parties arising from or out of (i) the negligent or intentional acts ofMarketer and its officers, directors, employees and agents, (ii) any act beyondthe scope of Marketer’s services to be rendered under the terms and conditionsof this Agreement, and (iii) any violation of laws, regulations, ordinancesand/or court orders.

 

**ENTIREAGREEMENT AND AMENDMENT**

 

This contract contains the entire DDGSMarketing agreement between the parties. No oral statements, representations orprior written matter not contained in this contract shall have any effectregarding products Marketing. This contract shall not be amended or modifies inany manner except by a writing executed by both parties.

 

**NOASSIGNMENT**

 

Marketer shall not, without the prior writtenconsent of the Owner, assign, transfer or subcontract any rights or obligationsof Marketer under this Contract. If the shareholders of Marketer sell, assignor transfer a controlling interest in Marketer, or if Marketer sellssubstantially all of its assets, the Owner shall have the right to terminatethis contract without liability to Marketer.

 

**INWITNESS WHEREOF**, the parties hereto have executed this contract on the date andyear above written.

 

Great Plains Ethanol, LLC

 
| BY     | /s/ Darrin Ihnen | ,      | Pres.  |   |
|--------|------------------|--------|--------|--------|
|   |             |   | Title  |   |
|   |             |   |   |

 
| DAKOTA COMMODITIES                       | (Marketer) |
|------------------------------------------|------------|
| (A Division of Broin  Enterprises, Inc.) |       |

 
| BY     | /s/ Jeff Broin | ,      | President |   |
|--------|----------------|--------|-----------|--------|
|   |           |   | Title     |   |

 

4

----