Common use of Security Agreement under Uniform Commercial Code; Fixture Filing Clause in Contracts

Security Agreement under Uniform Commercial Code; Fixture Filing. (a) It is the intention of the parties hereto that this Mortgage shall constitute a “security agreement” within the meaning of the Uniform Commercial Code (the “Code”) of the State in which the Mortgaged Property is located. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property in accordance with Mortgagee’s rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then ten (10) days’ notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At Mortgagee’s request, Mortgagors shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties. (b) Certain portions of the Mortgaged Property are or will become “fixtures” (as that term is defined in the Code) on the Land, and this Mortgage, upon being filed for record in the real estate records of the county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code upon such portions of the Mortgaged Property that are or become fixtures. The real property to which the fixtures relate is described in Schedule A hereto. The record owners of the real property described in Schedule A hereto are Mortgagors. The names, types of organization and jurisdictions of organization of the debtor for purposes of this financing statement are the names, types of organization and jurisdictions of organization of the Mortgagors set forth in the first paragraph of this Mortgage, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee set forth in the first paragraph of this Mortgage. The mailing addresses of the Mortgagors/debtor are the addresses of the Mortgagors set forth in the first paragraph of this Mortgage. The mailing address of the Mortgagee/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagee set forth in the first paragraph of this Mortgage. Mortgagors’ organizational identification numbers are [0750318] (Four Rivers Real Estate, Inc. (f/k/a Four Rivers STT Developments, Inc.)) and [0659433] (The Four Rivers BioEnergy Company, Inc.).

Security Agreement under Uniform Commercial Code; Fixture Filing. (a) It is the intention of the parties hereto that this Mortgage shall constitute a “security agreement” within the meaning of the Code, or if the perfection or nonperfection or priority of a Lien in any Mortgaged Property is governed by the Uniform Commercial Code (the “Code”) in effect in another jurisdiction, such other Uniform Commercial Code with respect to any part of the State in which the Mortgaged Property which may or might now or hereafter be deemed to be Personal Property. All of Mortgagor's right, title and interest in the Personal Property is locatedhereby assigned to Mortgagee, and Mortgagor hereby grants to Mortgagee a security interest therein, to secure the payment of the Obligations. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the option remedies of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by under the Code with respect Code, including without limitation the right to all take immediate and exclusive possession of the Personal Property or any portion part thereof. The remedies of Mortgagee hereunder are cumulative and the exercise of any one or more of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) remedies provided for herein or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property in accordance with Mortgagee’s rights, powers and remedies with respect to the real property (in which event the default provisions of under the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then ten (10) days’ notice be construed as a waiver of sale any of the personal property other remedies of Mortgagee, including having the Personal Property deemed part of the realty upon any foreclosure so long as any part of the Obligations remains unsatisfied. Mortgagor hereby authorizes Mortgagee to cause to be recorded in the County where the Land is located, as well as the applicable offices of the applicable jurisdiction, such financing statements and fixture filings as shall be deemed reasonable notice necessary in order to perfect and preserve the reasonable expenses priority of retakingMortgagee's security interest in the Personal Property, holding, preparing for sale, selling and the like incurred without execution thereof by Mortgagee shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At Mortgagee’s request, Mortgagors shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both partiesMortgagor. (b) Certain portions of the Mortgaged Property are or will become “fixtures” (as that term This Mortgage is defined in the Code) on the Land, and this Mortgage, upon being filed for record in the real estate records of the county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code upon such portions of the Mortgaged Property that are or become fixtures. The real property to which the fixtures relate is described in Schedule A hereto. The record owners of the real property described in Schedule A hereto are Mortgagors. The names, types of organization filing: (i) Name and jurisdictions of organization of the debtor for purposes of this financing statement are the names, types of organization and jurisdictions of organization of the Mortgagors set forth in the first paragraph of this Mortgage, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee set forth in the first paragraph of this Mortgage. The mailing addresses of the Mortgagors/debtor are the addresses of the Mortgagors set forth in the first paragraph of this Mortgage. The mailing address of the Mortgagee/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagee set forth in the first paragraph of this Mortgage. Mortgagors’ organizational identification numbers are [0750318] (Four Rivers Real EstateDelta Air Lines, Inc. of Debtor: 0000 Xxxxx Xxxxxxxxx Xxxxxxx, Xxxxxxx 00000 (f/k/a Four Rivers STT Developments, Inc.)ii) and [0659433] Type of Organization: corporation (The Four Rivers BioEnergy Company, Inc.).iii) Jurisdiction of Organization: Delaware

Security Agreement under Uniform Commercial Code; Fixture Filing. (a) It is the intention of the parties hereto that this Mortgage shall constitute a “security agreement” agreement within the meaning of the Uniform Commercial Code (the “Code”) of the State in which the Mortgaged Property is located. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Property which that is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property in accordance with Mortgagee’s rights, powers and remedies with respect to the real property Real Estate (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then ten (10) days’ notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At Mortgagee’s request, Mortgagors Mortgagor shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties. (b) Certain portions of the Mortgaged Property are or will become “fixtures” (as that term is defined in the Code) on the Owned Land, and this Mortgage, upon being filed for record in the real estate records of the city or county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code upon such portions of the Mortgaged Property that are or become fixtures. The real property to which the fixtures relate is described in Schedule A hereto. The record owners owner of the real property described in Schedule A hereto are Mortgagorsis Mortgagor. The namesname, types type of organization and jurisdictions jurisdiction of organization of the debtor for purposes of this financing statement are the namesname, types type of organization and jurisdictions jurisdiction of organization of the Mortgagors Mortgagor set forth in the first paragraph of this Mortgage, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee set forth in the first paragraph of this Mortgage. The mailing addresses address of the MortgagorsMortgagor/debtor are is the addresses address of the Mortgagors Mortgagor set forth in the first paragraph of this Mortgage. The mailing address of the Mortgagee/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagee set forth in the first paragraph of this Mortgage. Mortgagors’ Mortgagor’s organizational identification numbers are [0750318] (Four Rivers Real Estate, Inc. (f/k/a Four Rivers STT Developments, Inc.)) and [0659433] (The Four Rivers BioEnergy Company, Inc.)number is 0281119.

Security Agreement under Uniform Commercial Code; Fixture Filing.  (a) It is the intention of the parties hereto that this Mortgage shall constitute a “security agreement” within the meaning of the Uniform Commercial Code (the “Code”) of the State in which the Mortgaged Property is located. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to treat all or any portion of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding proceed with respect to both the real and personal property constituting the Mortgaged Property in accordance with Mortgagee’s rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then ten (10) days’ notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At Mortgagee’s request, Mortgagors Mortgagor shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties..  (b) Certain portions Mortgagor and Mortgagee agree, to the extent permitted by law, that: (i) all of the Mortgaged Property goods described within the definition of the word “Equipment” are or will are to become “fixtures” fixtures (as that term is defined in the Code) on the Land, Real Estate; (ii) this Mortgage shall constitute a financing statement filed as a “fixture filing” within the meaning of Sections 9-334 and this Mortgage, upon being 9-502 of the Code covering the fixtures included within the Premises and is to be filed for record in the real estate records of the each county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code upon such portions where any part of the Mortgaged Property that are or become Premises (including said fixtures. The ) is located; (iii) the real property to which the fixtures relate is described in Schedule A attached hereto. The ; (iv) Mortgagor is the record owners owner of the real property described in Schedule A hereto are Mortgagors. The namesLand; (v) the name, types type of organization and jurisdictions jurisdiction of organization of the debtor for purposes of this financing statement are the namesname, types type of organization and jurisdictions jurisdiction of organization of the Mortgagors Mortgagor set forth in the first paragraph on the first page of this Mortgage, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee set forth in the first paragraph on the first page of this Mortgage. The mailing addresses of the Mortgagors/debtor are the addresses of the Mortgagors ; (vi) Mortgagor’s state organizational identification number is set forth in the first paragraph on the first page of this Mortgage. The ; and (vii) the mailing address addresses of the Mortgagee/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagor and Mortgagee are as set forth in the first paragraph on the first page of this Mortgage. Mortgagors’ organizational identification numbers are [0750318] (Four Rivers Real Estate, Inc. (f/k/a Four Rivers STT Developments, Inc.)) and [0659433] (The Four Rivers BioEnergy Company, Inc.).

Security Agreement under Uniform Commercial Code; Fixture Filing. (a) It is the intention of the parties hereto that this Mortgage Deed of Trust shall constitute a “security agreement” within the meaning of the Uniform Commercial Code (UCC. To that end, Grantor hereby grants to Trustee and Beneficiary, for the “Code”) ratable benefit of the State Secured Parties, a security interest in which the Mortgaged Property is locatedFixtures, Leases, Rents, timber to be cut and as-extracted collateral, all to secure payment and performance of the Obligations. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee Beneficiary shall have the option of either (i) proceeding under the Code UCC and exercising such rights and remedies as may be provided to a secured party by the Code UCC with respect to all or any portion of the Mortgaged Property which that is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property in accordance with MortgageeBeneficiary’s rights, powers and remedies with respect to the real property Real Estate (in which event the default provisions of the Code UCC shall not apply). If Mortgagee Beneficiary shall elect to proceed under the CodeUCC, then ten (10) days’ notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee Beneficiary shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At MortgageeBeneficiary’s request, Mortgagors Grantor shall assemble the personal property and make it available to Mortgagee Beneficiary at a place designated by Mortgagee which Beneficiary Which is reasonably convenient to both parties. (b) Certain portions of the Mortgaged Property are or will become “fixtures”, “timber to be cut” or “as-extracted collateral” (as that term is defined in the CodeUCC) on the Owned Land, the Mortgage Leased Land, the Easement Land or the Improvements located thereon, and this MortgageDeed of Trust, upon being filed for record in the real estate records of the county wherein such fixtures fixtures, timber to be cut or as-extracted collateral are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code UCC upon such portions of the Mortgaged Property that are or become fixtures. The real property Land, Mortgaged Leased Land and Easement Land to which the fixtures relate is described in Schedule A Exhibit A, Exhibit B and Exhibit C respectively hereto. The record owners owner of (i) the Land described in Exhibit A hereto is the Grantor, (ii) the Mortgaged Leased Land described in Exhibit B hereto is the landlord under the Mortgaged Leases described in such exhibit or its successor in interest as owner of the real property Mortgaged Leased Land, and (iii) the Easement Land described in Schedule A Exhibit C hereto are Mortgagorsis grantor of the Easement Rights described in such exhibit or its successor in interest as owner of the Easement Land. The namesname, types type of organization and jurisdictions jurisdiction of organization of the debtor for purposes of this financing statement are the namesname, types type of organization and jurisdictions jurisdiction of organization of the Mortgagors Grantor set forth in the first paragraph of this MortgageDeed of Trust, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee Beneficiary set forth in the first paragraph of this MortgageDeed of Trust. The mailing addresses address of the MortgagorsGrantor/debtor are is the addresses address of the Mortgagors Grantor set forth in the first paragraph of this MortgageDeed of Trust. The mailing address of the MortgageeBeneficiary/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagee Beneficiary set forth in the first paragraph of this MortgageDeed of Trust. Mortgagors’ Grantor’s organizational identification numbers are [0750318] (Four Rivers Real Estate, Inc. (f/k/a Four Rivers STT Developments, Inc.)) and [0659433] (The Four Rivers BioEnergy Company, Inc.)number is set forth in the first paragraph of this Deed of Trust.

Security Agreement under Uniform Commercial Code; Fixture Filing. (a) It is the intention of the parties hereto that this Mortgage shall constitute a “security agreement” agreement within the meaning of the Uniform Commercial Code (the “Code”) of the State in which the Mortgaged Property is located. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property in accordance with Mortgagee’s rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then ten (10) days’ notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At Mortgagee’s request, Mortgagors Mortgagor shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties. (b) Certain portions of the Mortgaged Property are or will become “fixtures” (as that term is defined in the Code) on the Land, and this Mortgage, upon being filed for record in the real estate records of the county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code upon such portions of the Mortgaged Property that are or become fixtures. The real property to which the fixtures relate is described in Schedule A hereto. The record owners owner of the real property described in Schedule A hereto are Mortgagorshereto, if any, is Mortgagor. The namesname, types type of organization and jurisdictions jurisdiction of organization of the debtor for purposes of this financing statement are the namesname, types type of organization and jurisdictions jurisdiction of organization of the Mortgagors Mortgagor set forth in the first paragraph of this Mortgage, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee set forth in the first paragraph of this Mortgage. The mailing addresses of the Mortgagors/debtor are the addresses of the Mortgagors set forth in the first paragraph of this Mortgage. The mailing address of Mortgagor/debtor is the address of Mortgagor set forth in the first paragraph of this Mortgage. The mailing address of Mortgagee/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagee set forth in the first paragraph of this Mortgage. Mortgagors’ Mortgagor’s organizational identification numbers are [0750318] (Four Rivers Real Estate, Inc. (f/k/a Four Rivers STT Developments, Inc.)) and [0659433] (The Four Rivers BioEnergy Company, Inc.)number is 146599.

Security Agreement under Uniform Commercial Code; Fixture Filing. (a) It is the intention of the parties hereto that this Mortgage Deed of Trust shall constitute a “security agreement” within the meaning of the Uniform Commercial Code (the “Code”) of the State state in which the Mortgaged Property Real Estate is located. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee Beneficiary shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Property which that is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property in accordance with MortgageeBeneficiary’s and/or Trustee’s rights, powers and remedies with respect to the real property Real Estate (in which event the default provisions of the Code shall not apply). If Mortgagee Beneficiary shall elect to proceed under the Code, then ten (10) days’ notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee the Trustee and Beneficiary shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At Mortgageethe Trustee’s or Beneficiary’s request, Mortgagors Grantor shall assemble the personal property and make it available to Mortgagee the Trustee or Beneficiary at a place designated by Mortgagee which the Trustee or Beneficiary that is reasonably convenient to both parties. In the event of any conflict between the terms and provisions of the Security Agreement and this Deed of Trust with respect to any portion of the Mortgaged Property constituting Pledged Collateral (as defined in the Security Agreement), the Security Agreement shall control. With respect to the Mortgaged Property constituting Real Estate, this Deed of Trust shall control. (b) Certain portions of the Mortgaged Property are or will become “fixtures” (as that term is defined in the Code) on the Land, and this MortgageDeed of Trust, upon being filed for record in the real estate records of the city or county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code upon such portions of the Mortgaged Property that are or become fixtures. The real property to which the fixtures relate is described in Schedule A hereto. The record owners owner of the real property described in Schedule A hereto are Mortgagorsis Grantor. The namesname, types type of organization and jurisdictions jurisdiction of organization of the debtor for purposes of this financing statement are the namesname, types type of organization and jurisdictions jurisdiction of organization of the Mortgagors Grantor set forth in the first paragraph of this MortgageDeed of Trust, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee Beneficiary set forth in the first paragraph of this MortgageDeed of Trust. The mailing addresses address of the MortgagorsGrantor/debtor are is the addresses address of the Mortgagors Grantor set forth in the first paragraph of this MortgageDeed of Trust. The mailing address of the MortgageeBeneficiary/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagee Beneficiary set forth in the first paragraph of this MortgageDeed of Trust. Mortgagors’ Grantor/debtor’s organizational identification numbers are [0750318] number is [ ]. (Four Rivers Real Estatec) Grantor unconditionally and irrevocably authorizes the Beneficiary, Inc. (f/k/a Four Rivers STT Developmentsor any agent or designee of Beneficiary, Inc.)) to file any and [0659433] (The Four Rivers BioEnergy Companyall UCC financing statements, Inc.)and amendments to and continuations of any UCC financing statements, in any applicable jurisdiction deemed necessary or appropriate by such Beneficiary to evidence and perfect the security interest granted herein, including without limitation, any UCC financing statements naming the Grantor as “debtor” and describing the collateral as “all assets” of the Grantor or similar description.

Security Agreement under Uniform Commercial Code; Fixture Filing. (a) It is the intention of the parties hereto that this Mortgage shall constitute a “security agreement” agreement within the Table of Contents meaning of the Uniform Commercial Code (the “Code”) of the State in which the Mortgaged Property is located. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property in accordance with Mortgagee’s rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then ten (10) days’ notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At Mortgagee’s request, Mortgagors Mortgagor shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties. (ba) Certain portions of the Mortgaged Property are or will become “fixtures” (as that term is defined in the Code) on the Land, and this Mortgage, upon being filed for record in the real estate records of the county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code upon such portions of the Mortgaged Property that are or become fixtures. The real property to which the fixtures relate is described in Schedule Exhibit A hereto. The record owners owner of the real property described in Schedule Exhibit A hereto are Mortgagorsis Mortgagor. The namesname, types type of organization and jurisdictions jurisdiction of organization of the debtor for purposes of this financing statement are the namesname, types type of organization and jurisdictions jurisdiction of organization of the Mortgagors Mortgagor set forth in the first paragraph of this Mortgage, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee set forth in the first paragraph of this Mortgage. The mailing addresses address of the MortgagorsMortgagor/debtor are is the addresses address of the Mortgagors Mortgagor set forth in the first paragraph of this Mortgage. The mailing address of the Mortgagee/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagee set forth in the first paragraph of this Mortgage. Mortgagors’ Mortgagor’s organizational identification numbers are [0750318] (Four Rivers Real Estate, Inc. (f/k/a Four Rivers STT Developments, Inc.)) and [0659433] (The Four Rivers BioEnergy Company, Inc.)number is 1900513748.

Security Agreement under Uniform Commercial Code; Fixture Filing. (a) It is the intention of the parties hereto that this Mortgage shall constitute a “security agreement” agreement within the meaning of the Uniform Commercial Code (the “Code”) of the State in which the Mortgaged Property is located. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property in accordance with Mortgagee’s rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then ten (10) days’ notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At Mortgagee’s request, Mortgagors Mortgagor shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties. (ba) Certain portions of the Mortgaged Property are or will become “fixtures” (as that term is defined in the Code) on the Land, and this Mortgage, upon being filed for record in the real estate records of the county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code upon such portions of the Mortgaged Property that are or become fixtures. The real property to which the fixtures relate is described in Schedule Exhibit A hereto. The record owners owner of the real property described in Schedule Exhibit A hereto are Mortgagorsis Mortgagor. The namesname, types type of organization and jurisdictions jurisdiction of organization of the debtor for purposes of this financing statement are the namesname, types type of organization and jurisdictions jurisdiction of organization of the Mortgagors Mortgagor set forth in the first paragraph of this Mortgage, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee set forth in the first paragraph of this Mortgage. The mailing addresses address of the MortgagorsMortgagor/debtor are is the addresses address of the Mortgagors Mortgagor set forth in the first paragraph of this Mortgage. The mailing address of the Mortgagee/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagee set forth in the first paragraph of this Mortgage. Mortgagors’ Mortgagor’s organizational identification numbers are [0750318] (Four Rivers Real Estate, Inc. (f/k/a Four Rivers STT Developments, Inc.)) and [0659433] (The Four Rivers BioEnergy Company, Inc.)number is 1M16263.

Security Agreement under Uniform Commercial Code; Fixture Filing. (a) It is the intention of the parties hereto that this Mortgage shall constitute a “security agreement” agreement within the meaning of the Uniform Commercial Code (the “Code”) of the State in which the Mortgaged Property is located. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property in accordance with Mortgagee’s rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then ten (10) days’ notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At Mortgagee’s request, Mortgagors Mortgagor shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties. (ba) Certain portions of the Mortgaged Property are or will become “fixtures” (as that term is defined in the Code) on the Land, and this Mortgage, upon being filed for record in the real estate records of the county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code upon such portions of the Mortgaged Property that are or become fixtures. The real property to which the fixtures relate is described in Schedule Exhibit A hereto. The record owners owner of the real property described in Schedule Exhibit A hereto are Mortgagorsis Mortgagor. The namesname, types type of organization and jurisdictions jurisdiction of organization of the debtor for purposes of this financing statement are the namesname, types type of organization and jurisdictions jurisdiction of organization of the Mortgagors Mortgagor set forth in the first paragraph of this Mortgage, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee set forth in the first paragraph of this Mortgage. The mailing addresses address of the MortgagorsMortgagor/debtor are is the addresses address of the Mortgagors Mortgagor set forth in the first paragraph of this Mortgage. The mailing address of the Mortgagee/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagee set forth in the first paragraph of this Mortgage. Mortgagors’ Mortgagor’s organizational identification numbers are [0750318] (Four Rivers Real Estate, Inc. (f/k/a Four Rivers STT Developments, Inc.)) and [0659433] (The Four Rivers BioEnergy Company, Inc.).number is 1M16263. Table of Contents

Security Agreement under Uniform Commercial Code; Fixture Filing. (a) It is the intention of the parties hereto that this Mortgage Deed of Trust shall constitute a “security agreement” within the meaning of the Uniform Commercial Code (the “Code”) of the State in which the Mortgaged Property is Premises are located. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee Beneficiary shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Trust Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Trust Property in accordance with MortgageeBeneficiary’s rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Mortgagee Beneficiary shall elect to proceed under the Code, then ten (10) days’ notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee Beneficiary shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At MortgageeBeneficiary’s request, Mortgagors Grantor shall assemble the personal property and make it available to Mortgagee Beneficiary at a place designated by Mortgagee Beneficiary which is reasonably convenient to both parties. (b) Certain portions Grantor and Beneficiary agree, to the extent permitted by law, that: (i) all of the Mortgaged Property goods described within the definition of the word “Equipment” are or will are to become “fixtures” (as that term is defined in the Code) fixtures on the Land, Real Estate; (ii) this Deed of Trust shall constitute a financing statement filed as a “fixture filing” within the meaning of Sections 9-334 and this Mortgage, upon being 9-502 of the Code covering the fixtures included within the Premises and is to be filed for record in the real estate records of the each county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code upon such portions where any part of the Mortgaged Property that are or become Premises (including said fixtures. The ) is located; (iii) the real property to which the fixtures relate is described in Schedule A attached hereto. The ; (iv) Grantor is the record owners owner of the real property described in Schedule A hereto are Mortgagors. The namesLand; (v) the name, types type of organization and jurisdictions jurisdiction of organization of the debtor for purposes of this financing statement are the namesname, types type of organization and jurisdictions jurisdiction of organization of the Mortgagors Grantor set forth in the first paragraph on the first page of this MortgageDeed of Trust, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee Beneficiary set forth in the first paragraph on the first page of this Mortgage. The mailing addresses Deed of the Mortgagors/debtor are the addresses of the Mortgagors Trust; (vi) Grantor’s state organizational identification number is set forth in the first paragraph on the first page of this Mortgage. The Deed of Trust; and (vii) the mailing address addresses of the Mortgagee/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagee Grantor and Beneficiary are as set forth in the first paragraph on the first page of this Mortgage. Mortgagors’ organizational identification numbers are [0750318] (Four Rivers Real Estate, Inc. (f/k/a Four Rivers STT Developments, Inc.)) and [0659433] (The Four Rivers BioEnergy Company, Inc.)Deed of Trust.

Security Agreement under Uniform Commercial Code; Fixture Filing. (a) It is the intention of the parties hereto that this Mortgage shall constitute a “security agreement” within the meaning of the Uniform Commercial Code (the “Code”) of the State in which the Mortgaged Property is located. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property in accordance with Mortgagee’s rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then ten (10) days’ notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At Mortgagee’s request, Mortgagors Mortgagor shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties. (b) . Certain portions of the Mortgaged Property are or will become “fixtures” (as that term is defined in the Code) on the Land, and this Mortgage, upon being filed for record in the real estate records of the county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code upon such portions of the Mortgaged Property that are or become fixtures. The real property to which the fixtures relate is described in Schedule A hereto. The record owners owner of the real property described in Schedule A hereto are Mortgagorsis Mortgagor. The namesAs of the date hereof, types the name, type of organization and jurisdictions jurisdiction of organization of the debtor for purposes of this financing statement are the namesname, types type of organization and jurisdictions jurisdiction of organization of the Mortgagors Mortgagor set forth in the first paragraph of this Mortgage, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee set forth in the first paragraph of this Mortgage. The mailing addresses As of the Mortgagorsdate hereof, the mailing address of the Mortgagor/debtor are is the addresses address of the Mortgagors Mortgagor set forth in the first paragraph of this Mortgage. The As of the date hereof, the mailing address of the Mortgagee/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagee set forth in the first paragraph of this Mortgage. Mortgagors’ As of the date hereof, Mortgagor’s organizational identification numbers are [0750318] (Four Rivers Real Estate, Inc. (f/k/a Four Rivers STT Developments, Inc.)) and [0659433] (The Four Rivers BioEnergy Company, Inc.)number is [ ].

Security Agreement under Uniform Commercial Code; Fixture Filing.  (a) It is the intention of the parties hereto that this Mortgage shall constitute a “security agreement” within the meaning of the Uniform Commercial Code (the “Code”) of the State in which the Mortgaged Property is located. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to treat all or any portion of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding proceed with respect to both the real and personal property constituting the Mortgaged Property in accordance with Mortgagee’s rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then ten (10) days’ notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At Mortgagee’s request, Mortgagors Mortgagor shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties..  (b) Certain portions Mortgagor and Mortgagee agree, to the extent permitted by law, that: (i) all of the Mortgaged Property goods described within the definition of the word “Equipment” are or will are to become “fixtures” fixtures (as that term is defined in the Code) on the Land, Real Estate; (ii) this Mortgage shall constitute a financing statement filed as a “fixture filing” within the meaning of Sections 9-334 and this Mortgage, upon being 9-502 of the Code covering the fixtures included within the Premises and is to be filed for record in the real estate records of the each county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code upon such portions where any part of the Mortgaged Property that are or become Premises (including said fixtures. The ) is located; (iii) the real property to which the fixtures relate is described in Schedule A attached hereto. The ; (iv) Mortgagor is the record owners owner of the real property described in Schedule A hereto are Mortgagors. The namesLand; (v) the name, types type of organization and jurisdictions jurisdiction of organization of the debtor for purposes of this financing statement are the namesname, types type of organization and jurisdictions jurisdiction of organization of the Mortgagors Mortgagor set forth in the first paragraph on the first page of this Mortgage, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee set forth in the first paragraph on the first page of this Mortgage. The mailing addresses of the Mortgagors/debtor are the addresses of the Mortgagors ; (vi) Mortgagor’s state organizational identification number is set forth in the first paragraph on the first page of this Mortgage. The ; and (vii) the mailing address addresses of the Mortgagee/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagor and Mortgagee are as set forth in the first paragraph on the first page of this Mortgage. Mortgagors’ organizational identification numbers are [0750318] (Four Rivers Real Estate, Inc. (f/k/a Four Rivers STT Developments, Inc.)) and [0659433] (The Four Rivers BioEnergy Company, Inc.).

Security Agreement under Uniform Commercial Code; Fixture Filing. (a) It is the intention of the parties hereto that this Mortgage shall constitute a “security agreement” agreement within the meaning of the Uniform Commercial Code (the “"Code”") of the State in which the Mortgaged Property is located. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property in accordance with Mortgagee’s 's rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then ten (10) days’ ' notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, reasonable attorneys’ ' fees and legal expenses. At Mortgagee’s 's request, Mortgagors Mortgagor shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties. (b) Certain portions of the Mortgaged Property are or will become “"fixtures” " (as that term is defined in the Code) on the Land, and this Mortgage, upon being filed for record in the real estate records of the county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code upon such portions of the Mortgaged Property that are or become fixtures. The real property to which the fixtures relate is described in Schedule Exhibit A hereto. The record owners owner of the real property described in Schedule Exhibit A hereto are Mortgagorsis Mortgagor. The namesname, types type of organization and jurisdictions jurisdiction of organization of the debtor for purposes of this financing statement are the namesname, types type of organization and jurisdictions jurisdiction of organization of the Mortgagors Mortgagor set forth in the first paragraph of this Mortgage, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee set forth in the first paragraph of this Mortgage. The mailing addresses address of the MortgagorsMortgagor/debtor are is the addresses address of the Mortgagors Mortgagor set forth in the first paragraph of this Mortgage. The mailing address of the Mortgagee/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagee set forth in the first paragraph of this Mortgage. Mortgagors’ Mortgagor's organizational identification numbers are [0750318] (Four Rivers Real Estate, Inc. (f/k/a Four Rivers STT Developments, Inc.)) and [0659433] (The Four Rivers BioEnergy Company, Inc.)number is 3833596.

Security Agreement under Uniform Commercial Code; Fixture Filing. (a) It is the intention of the parties hereto that this Mortgage shall constitute a “security agreement” agreement within the meaning of the Uniform Commercial Code (the “Code”) of the State in which the Mortgaged Property is located. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Property which that is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property in accordance with Mortgagee’s rights, powers and remedies with respect to the real property Real Estate (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then ten (10) days’ notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At Mortgagee’s request, Mortgagors Mortgagor shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties. In the event of any conflict between the terms and provisions of the Security Agreement and this Mortgage, the Security Agreement shall control. (b) Certain portions of the Mortgaged Property are or will become “fixtures” (as that term is defined in the Code) on the Land, and this Mortgage, upon being filed for record in the real estate records of the city or county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code upon such portions of the Mortgaged Property that are or become fixtures. The real property to which the fixtures relate is described in Schedule A hereto. The record owners owner of the real property described in Schedule A hereto are Mortgagorsis Mortgagor. The namesname, types type of organization and jurisdictions jurisdiction of organization of the debtor for purposes of this financing statement are the namesname, types type of organization and jurisdictions jurisdiction of organization of the Mortgagors Mortgagor set forth in the first paragraph of this Mortgage, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee set forth in the first paragraph of this Mortgage. The mailing addresses address of the MortgagorsMortgagor/debtor are is the addresses address of the Mortgagors Mortgagor set forth in the first paragraph of this Mortgage. The mailing address of the Mortgagee/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagee set forth in the first paragraph of this Mortgage. Mortgagors’ Mortgagor’s organizational identification numbers are [0750318] (Four Rivers Real Estate, Inc. (f/k/a Four Rivers STT Developments, Inc.)) and [0659433] (The Four Rivers BioEnergy Company, Inc.)number is [ ].

Security Agreement under Uniform Commercial Code; Fixture Filing. (a) 5. It is the intention of the parties hereto that this Mortgage Deed of Trust shall constitute a “security agreement” within the meaning of the Uniform Commercial Code (the “Code”) of the State state in which the Mortgaged Trust Property is located. If an Event of Default shall occur and be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee Beneficiary shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Trust Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Trust Property in accordance with MortgageeBeneficiary’s rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Mortgagee Beneficiary shall elect to proceed under the Code, then ten (10) days’ notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee Beneficiary shall include, but not be limited to, reasonable attorneys’ fees and legal expenses. At MortgageeBeneficiary’s request, Mortgagors Grantor shall assemble the personal property and make it available to Mortgagee Beneficiary at a place designated by Mortgagee Beneficiary which is reasonably convenient to both parties. (bi) Certain portions of the Mortgaged Trust Property are or will become “fixtures” (as that term is defined in the Code) on the Land, and this MortgageDeed of Trust, upon being filed for record in the real estate records of the county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said Code upon such portions of the Mortgaged Trust Property in which the Grantor has rights that are or become fixtures. The real property to which the fixtures relate is described in Schedule A and Schedule B hereto. The record owners owner of the real property described in Schedule A hereto are Mortgagorshereto, if any, is Grantor. The namesrecord owner of the real property described in Schedule B hereto, types if any, is the landlord identified in Schedule C hereto. The name, type of organization and jurisdictions jurisdiction of organization of the debtor for purposes of this financing statement are the namesname, types type of organization and jurisdictions jurisdiction of organization of the Mortgagors Grantor set forth in the first paragraph of this MortgageDeed of Trust, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee Beneficiary set forth in the first paragraph of this MortgageDeed of Trust. The mailing addresses address of the MortgagorsGrantor/debtor are is the addresses address of the Mortgagors Grantor set forth in the first paragraph of this MortgageDeed of Trust. The mailing address of the MortgageeBeneficiary/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagee Beneficiary set forth in the first paragraph of this MortgageDeed of Trust. Mortgagors’ Grantor’s organizational identification numbers are [0750318] (Four Rivers Real Estate, Inc. (f/k/a Four Rivers STT Developments, Inc.)) and [0659433] (The Four Rivers BioEnergy Company, Inc.)number is [ ].