2 yr dl~~fj~ q . . ;? akj 9; ,. h*i.lj$&ei referred:jo;as · 2012. 8. 31. · sunflower purchase...

12
ANUtKSUN S t t U GO., INC. P:. ... ., .. DEFERRED PAYMENT GRAIN PURCHASE AGREEMENT 441 **; .*,d< AGREEMENT entered into this :2 7 -/ ' day of \h?dk? YR k? $;'A. , 20G., , DL~~FJ~ 'PldK by and between : . . ;? a q akj , 5% , 9 ; . 7 3- , - I ; . Iocated af(a+rfss) , : q , ,, . . . . . . . ..... , . ..... , .. ..... ,: ... . . . . ,::; , . . ,. ,. .J'!., ; , ,her&w&kr . . referred:jo;as ., ..... "~ilfk$,, , . and . . : . ,.: ..,, ~NPERSON,SEED , CO., INC,;;::. : ,,, h*i.lj$&ei refem&ib.&;$ui+, ...... ..... .... .......... , '~:(C,jmp~ny,'.:, , , : .. 'I . :*.. , ; . . , . . . . . .., ,. . , ....... .,;, . : , . . . . . . ,.>< .!,, , , . . . , . , : I,: ,; ,. ... '3 :.: ', , , .. .. , ,. , WHEREAS, Seller is the' owner 'of ' , . , . ,. CWT;;:,:.i . , . . of good, sound, dry, and merchantable 'o; \ <./A/ p/t>i)la/rc?~< grading , b (tiK?rn) now stored in AN-DERSON SEED,CO., INC. elevator $--'; [ , ,, a\. j' ici . , located at (city) (county) (state) , kepresented by grain storage or warehouse receipt or receipts as follows: '/' . . y .... .~ . . , i l . . . . . . . : NOW THEREFORE, in . consideration . of the mutual promises'of the parties.hereioas hereinafterset forth, it is agreed & follows: ': i. seller 'agrees tosell to BUG said grain, &above described,.by e n d o r i e m ~ k ' h d dilivery by Seller to Buyer of the said storage . , orwarehou$ receipt or receipts on ae'date of execution hereof, atwhich timti.title to said grain shall pass tobuyer. 2. Seller. warrants that all the above discribed grain and said'storage or warehouse receipt or receipts, are free and clearof a ! J liens, charges, and incumbrances of any nature whatsoever (except as here noted), and Seller agrees to warrant and defend the said described personal property against any and all lawful Claims.of any person,or persons whomsoever, excepting such claims above no$ed. * 3. Buyer agrees to buy the said described grain from Seller at the following: Price per CWT ......................... $ . ; Gross Amount ......................................... $ ' -* /I Less: Accrued charges ...... A&.! .) .... :z ..... A&...(. .i~!&.h. .... :&:..,$: .;.: ..... .: ....... : ; $ . . . Less: ....... .. ............ ........ ... ..................... ... . ............ ............. ................. ................................... .. . ~.., $ - .. .,.,;. ._+ ^ :_ _ "_ --- -, . . (ND Indemnity Fund Assessment; .2% (.002) x value of grain covered by this contract) ..... $ .............................................................................................. NET AMOUNT TO BE PAID $ - which ~ i ~ e r agrees to pay to Seller between the dates of $;iq d 7 ' '- . 20&-, and ? 4. Inentering into this contract, Seller recognizes and agrees that be shall have no right to receive payment for this grain except at , times above provided and Seller shall not have the right to assign, transfer, mortgage, encumber or use as collateral for a loan any of Seller's right to receive payment of the balance due under the terms of this contract. This contract shall be binding upon heirs, administrators, executors and successors of the respective parties. , . SOUTH DAKOTA PUBLIC UTILITIES COMMISSION

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  • ANUtKSUN S t t U GO., INC. P:. ... ., .. DEFERRED PAYMENT GRAIN PURCHASE AGREEMENT 4 4 1 **; .*,d< AGREEMENT entered into this :2 7 -/ ' day of \h?dk? YR k? $;'A. , 2 0 G . , ,

    D L ~ ~ F J ~ 'PldK by and between : . . ;? a q akj , 5% , 9 ; . 7 3- , - I ; . Iocated af(a+rfss) , : q , ,, . . . . . . . . . . . . , . . . . . . , . . ..... , : ... . . . . ,::; , . . , . ,. .J'!.,

    ; , ,her&w&kr . . referred:jo;as . , . . . . . "~ilfk$,, , . a n d . . : . , . : ..,, ~NPERSON,SEED , CO., INC,;;::. : , , , h*i.lj$&ei refem&ib.&;$ui+, . . . . . . . . . . . . . . . . . . . . . . . . . , ' ~ : ( C , j m p ~ n y , ' . : , , , : .. ' I . :*.. ,;. . , . . . . . .., ,. . , . . . . . . . .,;, . : , . . . . . . ,.>< .!,, , , . . . , . , : I , : ,; , .

    . . . '3 :.: ' , , , . . .. , ,. , WHEREAS, Seller is the' owner 'of ' , . , . ,. CWT;;:,:.i . , . . of good, sound, dry, and merchantable 'o; \ i)la/rc?~< grading , b

    ( t iK?rn)

    now stored in AN-DERSON SEED, CO., INC. elevator

    $--'; [ , ,, a\. j ' ici . , located at (city) (county) (state) , kepresented by grain storage or warehouse receipt or receipts as follows: '/' . .

    y . . . . .~ . . , i l . .

    . . . . . : NOW THEREFORE, in . consideration . of the mutual promises'of the parties.hereioas hereinafterset forth, it is agreed & follows:

    ': i. seller 'agrees tosell to BUG said grain, &above described,.by endor iem~k 'hd dilivery by Seller to Buyer of the said storage . , orwarehou$ receipt or receipts on ae'date of execution hereof, atwhich timti.title to said grain shall pass tobuyer.

    2. Seller. warrants that all the above discribed grain and said'storage or warehouse receipt or receipts, are free and clearof a!J liens, charges, and incumbrances of any nature whatsoever (except as here noted), and Seller agrees to warrant and defend the said described personal property against any and all lawful Claims.of any person, or persons whomsoever, excepting such claims above no$ed. *

    3. Buyer agrees to buy the said described grain from Seller at the following:

    Price per CWT ......................... $ . ; Gross Amount ......................................... $ '-* /I

    Less: Accrued charges ......A&.! .) .... :z ..... A&...(. . i~!&.h. .... :&:..,$: .;.:..... .: ....... :;$ . . . Less: . . . . . . . .. ............ ........ . . . ..................... ... ............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ~ . ~.., ~ $ - .. .,.,;. ._+ ^ :_ _ "_ --- - , . . (ND Indemnity Fund Assessment; .2% (.002) x value of grain covered by this contract) ..... $

    .............................................................................................. NET AMOUNT TO BE PAID $ - which ~ i ~ e r agrees to pay to Seller between the dates of $;iq d 7 ' ''- . 20&-, and ?

    4. Inentering into this contract, Seller recognizes and agrees that be shall have no right to receive payment for this grain except at , times above provided and Seller shall not have the right to assign, transfer, mortgage, encumber or use as collateral for a loan any

    of Seller's right to receive payment of the balance due under the terms of this contract. This contract shall be binding upon heirs, administrators, executors and successors of the respective parties.

    , .

    SOUTH DAKOTA PUBLIC UTILITIES COMMISSION

  • i,. ~. ,. :. :;

  • 16774 300th S

    972 92nd Street SE Strasburg, ND 58573

    lent Date SoUrce SourceRef Destination CheckRef SeWnits price GrossAmt

    11129ROl I Priced - Not Paid 51 Priced 431 32 270.60 32.7500 8.862.15 11/29/2011 Priced - Not Paid 56 Priced - ~ - ~ 431 32

    - - ~ ~ - .~ 495.31 32.5000 16,097.58

    . % z z ~ . $ . P*ki::~ot p a i d ' 191' ! ~ ~ ~ e f e ~ e d I ~ & i m e n t 441 53 .70.3%5aoa. 1 7.2&0255 , . ruz i ia~c~~i ic i id~-~~~t .. PSd 365 ~eferied-payment 441 - 280.72 ~ i)2.50W 9;~1234(~-

    1.578.33 51,363.38

    10/30R011 Scale Ticket 40371 Priced -Not Paid 51 270.60 327500 6.862.15 11/06/2011 Scale Xcket 40377 Priced - Not Paid 58 245.08 32.5000 7.965.10 11/06/2011 Scale Ticket 40384 Priced - Not Paid 58 250.23 32.5000 8.1 32.48 1 1/27/2011 Scale Ticket 40487 Priced -Not Paid 191 266.74 32.5000 8,669.05 1 li27ROI 1 Scale Ticket 40492 Priced - Not Paid 191 264.96 32.5000 8.611.20 12~18/2011 Scale Ticket 40565 Priced - Not Paid 365 280.72 32.5000 9,123.40

    1,578.33 51,363.38

    A - Dyk, Duane Deferred Payment #: 441 Commodity: Con Oil Reference Units - Price Amount Gmss Amount 26.403.65

    Not Paid 191 531.70 32.5000 17,280.25 ND Sunflower Tax 32.50 D

    I Not Paid I ent Number 427 Settlement Date 12~27/2011 Net Amount: 26,371.15

    A - Dyk. Duane Check #: 431 32 Commodity: Con Oil ee(s): USDA Farm SeNice Agencey-Linton i): Duane Dyk

    Reference Units - Price a t Gross Amount 24,959.73 Not Paid 51 270.60 32.7500 8,862.15 ND Sunflower Tax 30.64 D Not Paid 58 495.31 32.5000 16,097.58

    765.91 32.5883 24,959.73

    enf Number 342 Settlement Date 11/29/2011 Check Amount: 24,929.09

    Contract Contract Contract Assernblv Assernblv Assernblv DPR - Percent Contract Price Quantity Remainin Net m d Remaininq

    . .. Pridedi? 1OO.WOO 3908 --" ' , . - . . 33.0000 1596.0000 -.- 17.672 - . , 1578.3300 1578.3300 0.0000 I ! ::. . .. . . .. . . ~ , ..

    Page 2 ~ '." :. ..

  • SUNFLOWER PURCHASE CONTRAC1'#3908 THIS A(iKPEMEN'I' entered into on March 16,2011 between Anderson Seed Company (ASC) and Duane nyk (Grower). ADDRESS: 972 9znd St. SE COUNTY: CITY, STATE Strasburg, ND 58573 SSNITIN: HOME PHONE 701-336-7583 FOE: CELL PHONE EMAIL ADDRESS: FAX # DELIVERY: Half at Hawest and Half Jan. -March ,2012 BUYERS CALL: CROP 2011

    I Thla is a contract between ASC and Grower wherebv ASC amees to buv &om Grower and Grower agrees to sell to AS 1540.00 cwt. of US grown edible seeds o~z$as~jt?.be sold are "CON OILS"

    IS5 &"?A Il. ASC recommends and Grower agrees that -acres at a minimum will be planted to deliver the above stated contracted pounds. Grower

    agrees not to contract with any third party for production so as to impair Grower's obligation to deliver the above stated pounds to ASC. In event Grower does so contxact with a third patty or parties, Grower(s) is obligated without excuse to deliver the total stated pounds contracted to ASC. Grower and ASC agree that, under the tenns, standards and conditions of this contract, the following acreage will be planted by Grower lo fi~lfill the terms, sindards and condit~or~s of rile contract. Grower(s) ihnher agrees nor to uonuact or colntnit addttivnal productior from the fi,llowtnr! acreazej with~~ut corlsctlt of ASC and ihe etttirc production will be delivered to ASC with thc first dclivcrics applied to the fulfillment of the contract and with any additional deliveries marketed on the open market at the discretion of the Grower(s) within thc terms of the warehouse receipts.

    IIl.. If Grower's production on the acreage spec~fied above in iten1 I1 exceeds the pounds in item I, ASC will have the first right to purchase the excess pradncuon at the thenprevailiug price quoted by ASC.

    IV. (irowu mu,t notify ASC'no later than July 15.201 1 thnt thry have planted adequate acreage to fulfi l l dellvrry of tutal puunds stated in item Such not~ficar~on will also in~lude a legal description of the land where the sunfl~rwer acrcs nre plat~trd. Altcr h,wcst power must report tot; production and bin location.

    V (jmwer agrers that all sunfloweri produced under the tcnns of this conwact shall be delivered to and marketed througb ASC processtng plant! or onc of 11s suthonzcd rectivine swtions. lhis oroduct is to bc delivered to REDFIELD. SD.

    ~ ~ ~

    VI. The base price will he 90% at $3.00,80% at $32.75,70% at $32.50,60% at $32.25,50% at $32.00 delivered to ASC receiving locations

    based on the above clauses and the terms, standards, and conditions outhned onpage two

    W. Excused performance of this contract by either party shall be excused to the extent that pe~fomance is prevented by crop failure, fire, explosion, stlikes or labor disputes, transportation sho~tages, govemment acts, regulations or orders, act of God or public enemy, or any other L.ifCumstatCeS of similar hamre beyond the teascmablccontml of the affected party which prevents in whole or in pan, the performance of thi: contxact; PROVIDED HOWEVER, that should any such event occur, either patty must notify the other party within seven days of the event by certified mail, return receipt requested. In addition, the affected party shall provide the other party, within ten days of such notice, a complete written description together with copies of documents and such evidence as is available, concerning the circumstance that prevents rhc ;Iffcited party's pe~orn~an& t~nder this contract. (For purpoxs of this contra'< "affected parry" is defined to m a n the party asserting rllr oerfo~mwce urcventcd ) For example, in case of crop Filurc, thc Grower shall rcmaln bound by the tcnns of thjs coitmct to deliver any crup k conformit; wit11 tEs &ultract tha; 1s not destroyedor ruined. Should br thc rcsulung pruduct be of lcsscr quality than thc a)nrract quality, ASC has tllr onuon to occcpt or rctect thc lower quality. Alsu. e u t ~ c c m ~ t ~ ~ crop falure, II'ASC requests visual proul'wilhio lcn davs of . . receiving notice from Gro\;er, as &scribed above @owe1 shall show the damaged field(s) to A S C P I ~ O ~ to a l t e ~ g the damaged field(s) by olnwine. diskine.6eld cultivatine. etc. Failure to orovide titnelv notice as stated above, and/or failure to complv with m y tenns or conditiont

    u, w. . . ufd l~s contract, shall make null and void the excuscd pcrformancr pn~vidcd ltcrby, and, in such evcnt, the terms, standards a ~ ~ d arrtdirio~a of tile purcha5c contracr sl~all cunuul, hut widlout this cvcuscd performwce clause. EXCUSE FROM PERFORMANCE OF THIS CONTRACT IS DEPENDENT UPON DELIVERY Oli THIS NOTICE AND SUBJECT 1'0 TlllKU YAHTV CONFIRMATION O H PHYSICAL INSPECTION OF LOSS. FCIC OR ANY OTEtER AGENCY OR ENTITY CANNOT GIVE PERMISSION TO DESTROY THIS CONTRACTED ACREAGE WTHOUT CONSENT OF ASC.

    VIU. Grower(s) represents that helshe is quah6ed to execute and perform t h ~ contract, and any other jomt or joint lessee joins thls contract

    HAVING FIRST READ AND UNDERSTOOD +HE ABOVE AND "THE ADDENDUM; AND THE TERMS, SI'ANDARDS, AND CONIIITIONS. ACKNO\VLEUGES HlSlHER ACCEPTAYCE OF THE TERMS AND CONDITIONS OUTLLUEI) REREIN. ASC - -. -. -. -. -, . - - - - . - - - - - - -- RESERVES TEE RGIHT TO DEEM THIS CONTRACT AS NULL AND VOID IF IT IS NOT SIGNED AND RETURED WITHIN TEN DAYS FROM THE GROWER (Seller): DATE: 3-.2%-/(

    7.A- ,-

    ASC ( ~ u ~ e ; ) :

    Contract # 3908

  • /s A!& m C R E S @ m L B S PER ACRE FROM ACREAGE BELOW FOR PRODUCTION YEAR @J

    Grower(s) agree to plant, grow and hawest the sunflower commodity on the acreage specified below and to deliver and sell to ASC the contract quantit of the commodityproduced from such acreage. ASC agrees to receive and buy such production from &ower(s). Thiscontract applies only to the commodity @own on such acreage. Gmwerfs) must ptovide to ASC tlle location and legal description of the acreage above no later than July 15"' of th year in which Grower@) arc to plant, grow, and deliver the commodity for this contract, if Grower(s) does not provide this information to ASC by that date, ASC may void this contract at their sole option and discretion, but ASC is not obligated to do so.

    PRICING: A. Title to the commodity will pass to ASC at the time it 1s delivered to and acceptedby ASC under this contract. B. ASC 1s not obligated to purchase, under this contract sunflowers not meeting the qual~ty criteria. C. Sunflowers not meeting quality criteria are the property of the grower and may be sold based on the open market

    PAYMENT SCHEDULE: 1.740.00 per cwt. w~ l l be paid on the followmg schedule: Completion of Delivery & 100% of contracted amount**

    A. Grower has the option to defer payment to 2012 at their request to ASC. Payment of Contract paid in full by December 2012.

    **Produchon Records need to befirmished to ASCprior to payment. ADDITIONAL TERNIS:

    1. Grower is selling U6 grown sunflowers. 2. Production records WIII be maintained and *shed prior to payment, by grower, for the commodity grown, under the

    terms, standards and conditions of this contract. 3. Cirower(s) agrees to harvest at tbe most opportune time to maximize sunflower quality.

    Storage rate is at $20 per cwt. starting January, 2012 and ending when all contracted seed has been delivered.

    DATE:

    3 Contract # 3908

  • TERMS, STANDARDS AND CONDITIONS

    I. All sunflowers will be purchased on a basis of net delivered weights and size based on an 8 over 64 slot, moishlre and darkroast. 2. Any sunflowers delivered that do not meet the size standards will be subject to additional dockage andlor kiiscounts received on a consig?mcnt

    basis. 3. ASC will accurately weigh and take representative samples of each load of sunflowers delivered and grade it according to ASC, buying schsdule.

    ASC's we iwlg of the suntlowem shall be conclusive. A deduction &om the-gross weight of the sunflowers shall be made to cover excess moisture dark roast. and foreien material. Seller shall be furnished a record of weight and made of each load.

    4. AU sunRbwer seed ;axed by $e Grower and delivered hereunder as acceptable merchantabfe seed shall; be field nm (only excess dockage may be rentovcd): contatn 10% tnoistitre or Icss; be sound, InaNre attd bright colored, weigh at lease 261bs. per bushel; contain lcss than lo/" sclemtinia ata conuin less than 12% dockane. Seed shall be free rrom ahtxtures of cam, beans, ortogctl~er crops. Sm~tlowcr that dues not confoml to UIC - specified quality may be discontinued or rejected in whole or part, at the sole discretion of the company. Seed with more than 10% moisture will be subject to a drylng charge plus moisture dockage or will be purchased a discount price. A discount price of 2% of the contract price will be taken for each percent of insect damaged seed over 5%. Additional discount may apply if the Company determines that insect damage is excessive . Seed wit18 u~tmanageable levels uicocklcbur or sclenr~inia may bc subject to tejcc~iun or prtce discount; Seed sliall br. purc and oicdible qualtty md cumply with F.D.A. standards for human conaumprton. Quality shall be detcrmmrd by thc laboratory of the Company.

    5. Sunflower delivered under this contract will be subject ro posted naoisture shrink schedules ar rime of delivery 6 . Ner wci~h,hrs will he all ~ounds delivered n~inus din. dust. Coreicn material. dnmaced or diseaed sunllowers, sruaU or offwlor flowers, sticks, - .~ ~v -

    stones, weed seeds, and'anythiug determined to notbe a $ound-maketabli &;wer, plus any applicable moisture shrink deduction. 7. Grower guarantees that s~t&ow&rs delivcred shall be mcrcha~~table and will nut bc adulterated uudcr rhc pesticide rhetniul provision, of

    auolicable federal or ~ w t e law. If the su~~flowers do not lncct aradc, rl~e amount paid per cwr wwll be on 1)1c basis of market discounts as determine, A. . by ASC. Any amounts of smowers exceedmg the contract &e the Grower's pinper&, and heishe may elect to sell same on open n~arlet or store

    as they are delivered. 8. The contracted comrnoditv shall be fiee fiom admixture of cum, soybeans andlor contrasting crops. 9. In the event that foreign Aterials such as metal, glass or plastica are found in the conhlicted commodity, it mll be just cause for immed~ate

    rejection of the inwmine load. Freieht charge. if anv. on reiected load is moweds) responsibility. 10. Ail suntlowers accepteduby ASC shall comply k t h Fedekl, State, andiocal food &d drug r&lations. ASC will not accept any sunflowers

    containing contamination andlor does not meet the standards deftned in the US Federal Food, Dlug, and Cosmetic Act. 11. The grower shall receive payment for thepostion of the Crop 30 days after delivery and acceptance in accordance with the terms and conditions of

    this contract. No sunfiower oil premiums will be paid, and no oil discounts will be taken.

    IX Grower Agrees: a. To follow good cultural practices including appropriate crop rotation. b. To use only chem~cals and produchon aids that are legally reastered and labeled for use on sunflowers in the United States. c. 1.0 bear a~i~roduc~ion expenses and all decisions re1aid;her;in. (1. To ;rllow ASC to insncct Growers fields and all records related ro the wowmg, culttvaring and hawesrhg of h e sunllowera produced -

    under this contract. e. To sign and separate credit sale contract if deferred payment is requested. f. The crop shall be delivered free and clear of any claims, liens and encumbrances. If any liens exist at delivery, the company may make

    payment by check payable jointly to the grower and lien holder(s). g. To indemnify and hold ASC harmless for any liens or claims by third parties to the products specified in this agreement. li. To take any precautions necessary to prevent tampering of said product by outside parties, and to maintain the integrity of said product. i. This contract shall be binding upon Grower(s), hislher heirs, legal representative8 and assigns and upon ASC, it.; successors and assigns

    shall not he transferable by Grower(s) without written consent of ASC, its successors and assigns. j. Grower(s) or ASC may not change, amend, modify or waive any provision of this agreement, except in writing by a duly authorized

    agent. . .

    X. Grower may not assign any obligations under this agreement without prior written consentof ASC. XI. This contract cannot be amended except by written agreement signed by both Gmwer and ASC. Xtl. This agreement, when signed by Grower and Grower's Landlord (if applicable) is an offer to make a contact. No contract will arise until this

    agreement is received by and signed by an authorized representative of ASC. XUI. This document, when accepted by ASC, shalt constitute the entire agreement between the pmies. In the event of breach, ASC shall be

    entitled to all costs taken to enforce this contract, including reasonable attorney fees. XN. The laws of the States North Dakota, South Dakota and Minnesota shall govern this agreement as determined by the Growers main place of

    residence. A

    Grower Initials: a Contract # 3908

  • Warehouse Scale Ticket Ticket #: 40371 Anderson Seed Co., Inc.-Redfield 17284 384th Ave Redfield, SD 57469

    Received From: Duane Dyk (DYKDUA) 972 92nd Street SE Strasburg, ND 58573

    Comments: ct 3908 @ $32.75 201 1 crop

    Gross Wt: 47,940ib 09/30/2011 11.1 I A M MAN WT TW Tare Wt: 20,1001b 09/30/2011 11:31AM MAN WT Moist Net. Wt: 27,840 lb Dock

    Gross Units: 278.40 %Over8 Shrink Units: 0.00 %Over7

    Dock Units: 7.80 Frt Ded

    Net Units: 270.60 Splits Percent Duane Dvk (DYKDUA) 100.00%

    Inbound Ticket Date:

    Location: Carrier:

    BL# Vehicle:

    Axles: Driver On?

    Weighmaster: Bin:

    Commodity: Assembly:

    Price:

    09/30/2011 Redfld Grower Delivered Freight

    5 N o april 2 6 Con Oil (SunCon)

    27.36 DrkRst 6.20 Scl 2.80 IDK

    81.40 Delivery 88.80 Storage

    Net Units DPRStatus Contract 270.60 Priced

    Remarks:

    Warehouse Scale Ticket The oriqinal scale ticket shall be delivered t i the seller or depositor upon receipt of each load of grain. The warehouse operator shall keep a duplicate copy as a permanent record. The scale ticket shall state specifically whether the grain i s received for storage or on contract andlor sold, the price shall be considered stored at the time of delivery, unless arrangements have been made with the public grain warehouse operator prior to or at the time of the delivery to apply the grain on contract, for shipment or consignment or for cash sale.

    NOTICE: Credit contract sales including deferred payment and price later cantract sales are not covered by the grain buyers bond.

    THIS A MEMORANDUM, Non-Negotiatable possession of which does not signify that settlement has or has not been consummate.

    WHITE - Grower Copy. YELLOW - Trucker Copy, PINK - Sample Copy, GOLDEN ROD - Anderson Seed Copy

    Author ized Signature:

  • Warehouse Scale Ticket Ticket #: 40377 Anderson Seed Co., Inc.-Redfield 17284 384th Ave

    Inbound Redfield. SD 57469 Ticket Date: 10/03/2011

    Location: Redfld Carrier: Grower Delivered Freight

    BL# Vehicle:

    Received From: Duane Dyk (DYKDUA) Axles: 4 972 92nd Street SE Driver On? No Strasburg, ND 58573 Weighmaster: april

    Bin: 26 Commodity: Con Oil (SunCon)

    Assembly: Price: 0.00

    Comments: ct 3908 @ $32.50 201 1 crop

    Gross Wt: 46,3201b 1010312011 11:OOAM MAN WT TW Tare Wt: 20,0801b 1010312011 11:32AM MAN WT Moist Net.Wt: 26,24011, Dock

    Gross Units: 262.40 %Over8 Shrink Units: 0.00 %Over7

    Dock Units: 17.32 Frt Ded

    Net Units: 245.08 Splits Percent

    Duane Dvk (DYKDUA) 100.00%

    Remarks:

    27.21 DrkRst 5.00 Scl 6.60 IDK

    70.00 Delivery 73.80 Storage

    Net Units DPRStatus Contact 245.06 Priced

    Warehouse Scale Ticket ~ ~ ~ - ~ ~ ~ - ~ The original scale ticket shall be delivered to :he seller or depositor upon receipt of qach load of grain. The warehouse operator shall keep a duplicate copy

    ---. as a permanent record. The scale ticket shall state specifically whether the grain i s received formforage or on contract andlor sold, the price shall be considered stored at the time of delivery, unless arraneemenrs have been made witti the ~ i i b l i c erain warehouse oDerator ~ r i o r to or at the time of the - . . delivery to apply the grain on contract, for shrpment o;consignment or for cash sale.

    NOTICE: Credit contract sales including deferred payment and price later contract sales are not covered by the grain buyers bond

    THIS A MEMORANDUM, Non.Negotiotable possession of wh~ch does not slgnify that settlement has or has not been consummate.

    WHITE - Grower Copy, YELLOW - Trucker Copy, PINK - Sample Copy, GOLDEN ROD. Anderson Seed Copy

    Authorized Signature: w

  • I ! Warehouse Scale Ticket Ticket #: 40384 Anderson Seed Co., tnc.-Redfield Inbound 1 17284 384th Ave

    1 Redfield, SD 57469 Ticket Date: 10/04/2011

    ~ Location: Redfld I

    Carrier: Grower Delivered Freight EL# 1 Vehicle:

    Received From: Duane Dyk (DYKDUA) Axles: 4 972 92nd Street SE Driver On? No Strasburg,. ND 58573 Weighmaster: april

    ~ -~ ~. t y C o n Oil (Su~Con)

    I ~ Comments: ct 3908 @ $32.50 201 4 crop

    Gross Wt: 46,9801b 10/04/2011 08:58AM MAN WT TW 27.43 DrkRst Tare Wt: 19,8401b 10/04/2011 09:25AM MAN WT Moist 4.10 Scl

    Net, Wt: 27,140 lb Dock 7.80 IDK Gross Units: 271.40 %Over8 79.20 Delivery Shrink Units: 0.00 %Over7 83.60 Storage

    Dock Units: 21.17 Frt Ded

    Net Units: 250.23 Splits Percent Net Units DPRStatus Contract

    Duane DY~(D'YKDUA) 100.00% 250.23 Priced

    " ~ - . .. . .... ..~ ~ ~ ~

    Remarks:

    Warehouse Scale Ticket The original scale ticket shall be delivered to the seller or depositor upon receijx ?Peach load of grain. Thc wareh?use or~erator shall keep adup!icate copy ~ -. -- as a permanent record. The scale ticket shall state specifically whether the grain kd$$ejyed:foristorage or on.contract andlorsold, the price shall be considered stored at the tlme of delivery, unless arrangements have been made with the public grain warehouse operator prior to or at the time of the delivery to apply the grain on contract, for shipment or consignment or for cash sale.

    NOTICE: Credit contract sales including deferred payment and price later contract sales are not covered by the grain buyers bond.

    THIS A MEMORANDUM, Non-Negotiotable possession of which does not signify that settlement has or has not been consummate.

    WHITE . Grower Copy, YELLOW - Trucker Copy, PINK - Somple Copy, GOLDEN ROD - Anderson Seed Copy

    Authorized Signature: -%f" i/

    - -

  • Warehouse Scale Ticket Anderson Seed Co., Inc.-Redfield 17284 384th Ave Redfield, SD 57469

    Received From: Duane Dyk (DYKDUA) 972 92nd Street SE Strasburg. ND 58573

    Comments: ct 3908 @ $32.50

    Gross Wt: 48.0801b 10/24/2011 01:39PM MAN WT TW Tare Wt: 20,1201b 10/24/2011 01:39PM MAN WT Moist Net.Wt: 27,9601b Dock

    Gross Units: 279.60 %Over8 Shrink Units: 0.00 %Over7

    Dock Units: 12.86 Frt Ded

    Net Units: 266.74 Splits Percent Duane Dvk (DYKDUA) 100 00%

    Remarks:

    Ticket #: 40487 Inbound

    Ticket Date: Location:

    Carrier: BL#

    Vehicle: Axles:

    Driver On? Weighmaster:

    Bin: Commodity:

    Assembly: Price:

    10/24/2011 Redfld Grower Delivered Freight

    5 No april 26 Con Oil (SunCon)

    28.67 DrkRst 5.60 Scl 4.60 IDK 2.00

    76.00 Delivery 82.00 Storage

    Net Units DPRStatus Contract 266.74 Priced

    Warehouse Scale Ticket The origlnal scale ticket shall be delivered t o the seller or depositor upon recelpt of each load of gram. The warehouse operator shall keep a duplicate copy as a permanent record. The scale ticket shall state specifically whether the grain isrecelved for storage or on contract andlor sold, the rice shall be considered stored at the time of delivery, unless arrangements have been made with the public grain warehouse operator prior to or at the time of the delivery to apply the grain on contract, for shipment or consignment or for cash sale.

    NOTICE: Credit contract sales including deferred payment and price later contract sales are not covered by the grain buyers bond.

    THIS A MEMORANDUM, Non-Negotiotable possession of which does not signify that settlement has or has not been consummate.

    WHITE - Grower Copy, YELLOW - Trucker Copy, PINK - Sample Copy, GOLDEN ROD - Anderson Seed Copy

    Authorized Signature: u

  • Anderson Seed 17284 384th Ave Redfield, SD 57469

    Warehouse Scale ~ i c k e t Ticket #: 40492 Co., Inc.-Redfield Inbound

    Ticket Date: 10/25/2011 Location:

    Carrier: BW

    Vehicle: Received From: Duane Dyk (DYKDUA) Axles:

    972 92nd Street SE Driver On? Strasburg, ND 58573 Weighmaster:

    Bin: Commodity:

    Assembly: Price:

    Comments: ct 3908 @ $32.50

    Gross Wt: 47,4001b 10/25/2011 01:35PM MAN WT TW Tare Wt: 19,8001b 10/25/2011 01:36PM MAN WT Moist Net.Wt: 27.6001b Dock

    Gross Units: 276.00 %Over8 Shrink Units: 0.00 %Over7

    Dock Units: 11.04 Frt Ded

    Net Units: 264.96 Splits Percent

    Duane Dvk (DYKDUA) 100.00%

    Remarks:

    Redfid Grower Delivered Freight

    4 No april 26 Con Oil (SunCon)

    28.20 DrkRst 5.10 Scl 4.00 IDK

    79.00 Delivery 86.20 Storage

    Net Units DPRStatus Contract 264.96 Priced

    Warehouse Scale Ticket The original scale ticket shall be delivered70 the seller or depositor upon receipt of each load of grain. The warehouse operator shall keep a duplicate copy as a permanent record. The scale ticket shall state specifically whether the grain is received for storage or on contract andlor sold, the price shall be considered stored at the time of delivery, unless arrangements have been made with the public grain warehouse operator prior to or at the time of the delivety to apply the grain on contract, for shipment or consignment or for cash sale.

    NOTICE: Credit contract sales including deferred payment and price later contract sales are not covered by the grain buyers bond.

    THIS A MEMORANDUM, Non-Negotiotabie possession of which does not signify that settlement has or has not been consummate.

    WHITE . Grower Copy, YELLOW - Trucker Copy, PINK. Sample Copy, GOLDEN ROD . Anderson Seed Copy

    Authorized Signature: 2~

  • Anderson Seed 17284 384th Ave Redfield, SD 57469

    Warehouse Scale Ticket Ticket #: 40565 Co., Inc.-Redfield

    Received From: Duane Dyk (DYKDUA) 972 92nd Street SE Strasburg, N D 58573

    Comments: c t 3908 @ $32.50

    Gross Wt: 49.3201b 11/15/2011 12:16PM MAN WT TW Tare Wt: 20,2001b 11/15/2011 12:17PM MAN WT Moist Net Wt: 29.1201b Dock

    Gross Units: 291.20 %Over8 Shrink Units: 0.00 %Over7

    Dock Uni ts 10.48 Frt Ded

    Net Units: 280.72 Splits Percent Duane Dvk (DYKDUA) 100.00%

    Remarks:

    Inbound Ticket Date: 11/1512011

    Location: Redfld Carrier: Grower Delivered Freight

    BL# Vehicle:

    Axles: 4 Driver On? No

    Weighmaster: aprii Bin: 26

    Commodity: Con Oil (SunCon) Assembly:

    Price: 0.00

    28.16 DrkRst 5.70 Scl 3.60 IDK

    77.80 Delivery 83.80 Storage

    Net Units DPRStatus Contract 280.72 Priced

    Warehouse Scale Ticket The origlnal scale tlcket shall be delivered to the seller or depositor upon receipt of each load of grain. The warehouse operator shall keep a dupllcate copy as a permanent record. The scale ticket shall state specifically whether the grain i s received for storage or on contract and/or sold, the price shall be considered stored at the time of delivery, unless arrangements have been made with the public grain warehouse operator prior to or at the timeof the delivery to apply the grain on contract, for shipment or consignment or for cash sale.

    NOTICE: Credit contract sales including deferred payment and price later contract sales are not covered by the grain buyers bond.

    THIS A MEMORANDUM, Non-Negotlotable possession of which does not signify that settlement has or has not been consummate

    WHITE - Grower Copy, YELLOW - Trucker Copy, PINK - Sample Copy, GOLDEN ROD - Anderson Seed Copy

    Authorized Signature: V 7