the trusts
hereby created, Wells Fargo Bank, National Association has caused these presents
to be signed in its name and on its behalf by one of its authorized officers,
[its official seal to be hereunto affixed], and the same to be attested by one
of its authorized officers, all as of the day and year first above written.
BROWN COUNTY, SOUTH DAKOTA
By
/s/ Mike Wiese
Its:
Chair
Attest:
/s/ Maxine Taylor
Its:
County Auditor
[Execution by Bond Trustee on following page.]
WELLS FARGO BANK, NATIONAL
ASSOCIATION
AS BOND TRUSTEE
By
/s/ Steven R. Gubrud
Its:
Vice President
By
Its:
EXHIBIT A
(FORM OF SERIES 2007A BOND)
UNITED STATES OF AMERICA
STATE OF SOUTH DAKOTA
BROWN COUNTY, SOUTH DAKOTA
SUBORDINATE SOLID WASTE FACILITIES REVENUE BOND
(HEARTLAND GRAIN FUELS, L.P. ETHANOL PLANT PROJECT), SERIES 2007A
R-_______
INTEREST RATE:
MATURITY DATE:
DATED DATE:
CUSIP:
REGISTERED OWNER:
PRINCIPAL SUM:
AS PROVIDED IN THE BOND INDENTURE REFERRED TO HEREIN, UNTIL THE TERMINATION OF
THE SYSTEM OF BOOK-ENTRY-ONLY TRANSFERS THROUGH THE DEPOSITORY TRUST COMPANY,
NEW YORK, NEW YORK (TOGETHER WITH ANY SUCCESSOR SECURITIES DEPOSITORY APPOINTED
PURSUANT TO THE BOND INDENTURE, "DTC"), AND NOTWITHSTANDING ANY OTHER PROVISIONS
OF THE BOND INDENTURE TO THE CONTRARY, (A) THIS BOND MAY BE TRANSFERRED, IN
WHOLE BUT NOT IN PART, ONLY TO A NOMINEE OF DTC, OR BY A NOMINEE OF DTC TO DTC
OR A NOMINEE OF DTC, OR BY DTC OR A NOMINEE OF DTC TO ANY SUCCESSOR SECURITIES
DEPOSITORY OR ANY NOMINEE THEREOF AND (B) A PORTION OF THE PRINCIPAL AMOUNT OF
THIS BOND MAY BE PAID OR REDEEMED WITHOUT SURRENDER HEREOF TO THE PAYING AGENT.
DTC OR A NOMINEE, TRANSFEREE OR ASSIGNEE OF DTC OF THIS BOND MAY NOT RELY UPON
THE PRINCIPAL AMOUNT INDICATED HEREON AS THE PRINCIPAL AMOUNT HEREOF OUTSTANDING
AND UNPAID.
THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID SHALL FOR ALL
PURPOSES BE THE AMOUNT DETERMINED IN THE MANNER PROVIDED IN THE BOND INDENTURE.
A-1
UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (A) TO THE
BOND REGISTRAR FOR REGISTRATION OF TRANSFER OR EXCHANGE OR (B) TO THE BOND
TRUSTEE FOR PAYMENT OF PRINCIPAL OR REDEMPTION PRICE, AND ANY BOND ISSUED IN
REPLACEMENT HEREOF OR SUBSTITUTION HEREFOR IS REGISTERED IN THE NAME OF DTC OR
ITS NOMINEE OR SUCH OTHER NAME AS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF
DTC AND ANY PAYMENT IS MADE TO DTC OR ITS NOMINEE, ANY TRANSFER, PLEDGE OR OTHER
USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL BECAUSE ONLY
THE REGISTERED OWNER HEREOF, CEDE & CO., AS NOMINEE OF DTC, HAS AN INTEREST
HEREIN.
BROWN COUNTY, SOUTH DAKOTA (the "Issuer"), a public body corporate and politic
and a political subdivision duly and validly created and existing under the laws
and constitution of the state of South Dakota and has all powers granted under
the provisions, restrictions and limitations of South Dakota Codified Laws
Chapter 9-54, as supplemented and amended (the "Act"), for value received,
hereby promises to