Common use of Security Interest and Collateral Clause in Contracts

Security Interest and Collateral. To secure the payment and performance of the Obligations, Borrower hereby grants Lender a security interest (herein called the "Security Interest") in the following Collateral, whether now owned or hereafter acquired by Borrower and wherever located, and all products and proceeds thereof: (a) Crops, whether annual or perennial, whether grown, growing or to be grown, and whether harvested or unharvested, the products and proceeds thereof and stored grain (including all of the foregoing designated as inventory) and any negotiable or nonnegotiable documents, scale tickets and the like resulting from the storage thereof; also seed, fertilizer, chemicals, and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (b) Livestock (including livestock in gestation) and their young, products and proceeds and progeny thereof and produce thereof, including all livestock designated as inventory; also feed, medicines and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (c) All of Borrower’s equipment and machinery, and all accessions and attachments thereto and replacements and substitutions therefore (the Equipment). Borrower shall not remove any of the Collateral from locations disclosed in this Agreement, nor sell, convey or encumber said Collateral, provided, however, that Borrower may sell said Collateral or any part thereof if, and only if: (i) the proceeds of such sale are made payable jointly to Lender and Borrower if requested by Xxxxxx, it being specifically understood and agreed that all Obligations secured by the Collateral to the extent of the sale price shall be due and payable at the time of such sale; and (ii) Borrower sells the Collateral only to buyers listed on the Credit Application if required pursuant to the terms of Subsection 2(c) below.

Security Interest and Collateral. To secure the payment and performance of the Obligations, Borrower hereby grants Lender a security interest (herein called the "Security Interest") in the following Collateral, whether now owned or hereafter acquired by Borrower and wherever located, and all products and proceeds thereof: (a) Crops, whether annual or perennial, whether grown, growing or to be grown, and whether harvested or unharvested, the products and proceeds thereof and stored grain (including all of the foregoing designated as inventory) and any negotiable or nonnegotiable documents, scale tickets and the like resulting from the storage thereof; also seed, fertilizer, chemicals, and other supplies used or produced by Borrower in farming operations; also accounts; (b) Accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents documents, chattel paper (whether tangible or electronic), investment property, documents, deposit accounts, letter-of-credit rights and supporting obligations, and general intangibles (including, without limitation, patents, trademarks, copyrights and other intellectual property and goodwill and payment intangibles), whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (bc) Livestock (including livestock in gestation) and their young, products and proceeds and progeny thereof and produce thereof, including all livestock designated as inventory; also feed, medicines and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder.; and (cd) All of Borrower’s inventory, goods, equipment and machinery, and all accessions and attachments thereto and replacements and substitutions therefore (the Equipment)substitutions, therefore. Borrower shall not remove any of the Collateral from locations disclosed in this Agreement, nor sell, convey or encumber said Collateral, provided, however, that Borrower may sell said Collateral or any part thereof if, and only if: (i) the proceeds of such sale are made payable jointly to Lender and Borrower if requested by XxxxxxLender, it being specifically understood and agreed that all Obligations secured by the Collateral to the extent of the sale price shall be due and payable at the time of such sale; and (ii) Borrower sells the Collateral only to buyers listed on the Credit Application if required pursuant to the terms of Subsection 2(c) below.and

Security Interest and Collateral. To secure the payment (a) All Your “property” held by or for CGM or any affiliate of CGM or due from any exchange or clearing broker (collectively, “Collateral”) is hereby pledged to MSSB and performance of the Obligations, Borrower hereby grants Lender CGM and shall be subject to a security interest in MSSB’s and CGM's favor to secure any amounts at any time owing from You to MSSB or CGM. The term "property" as used in this Agreement shall not include assets contained in an Individual Retirement Account (herein called including without limitation any Traditional, Xxxx, Rollover, SEP, SAR-SEP, or SIMPLE IRA), any qualified retirement or welfare benefit plan account, or any Education Savings Account (collectively, “Retirement and Education Savings Accounts”), and thus neither CGM nor MSSB looks to Retirement and Education Savings Accounts to satisfy any debt or obligation that exists in connection with any other account that CGM or MSSB maintains for You, nor does CGM or MSSB look to such other accounts to satisfy any debt or obligation that exists in connection with any Retirement and Education Savings Accounts. The parties agree that to the "Security Interest") extent permitted by Applicable Law, Your Accounts and the Collateral are “financial assets” as defined in Revised Article 8 of the Uniform Commercial Code as in effect in the following Collateral, whether now owned or hereafter acquired by Borrower and wherever located, and all products and proceeds thereof: State of New York (a) Crops, whether annual or perennial, whether grown, growing or to be grown, and whether harvested or unharvested, the products and proceeds thereof and stored grain (including all of the foregoing designated as inventory“UCC”) and any negotiable or nonnegotiable documents, scale tickets and that during the like resulting from term of this Agreement CGM shall have absolute control over the storage thereof; also seed, fertilizer, chemicals, and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (b) Livestock (including livestock in gestation) and their young, products and proceeds and progeny thereof and produce thereof, including all livestock designated as inventory; also feed, medicines and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (c) All of Borrower’s equipment and machinery, and all accessions and attachments thereto and replacements and substitutions therefore (the Equipment). Borrower shall not remove any of the Collateral from locations disclosed in this Agreement, nor sell, convey or encumber said Collateral, provided, however, that Borrower with CGM’s approval any excess Collateral may sell said Collateral or be withdrawn at any part thereof iftime upon Your request to MSSB. (b) CGM is authorized, and only if: (i) the proceeds of such sale are made payable jointly to Lender and Borrower if requested by Xxxxxx, it being specifically understood and agreed that all Obligations secured by the Collateral to the extent permitted by Applicable Law, from time to time and without notifying You, to invest, lend, pledge, repledge, enter into repurchase agreements with or for, hypothecate, or rehypothecate to itself or to others, for CGM’s account and benefit, Collateral (including but not limited to metals, warehouse receipts, or other negotiable instruments) held by CGM for You, and may fulfill any obligations to You by delivery of the sale price shall be due nonidentical property of like kind and payable at the time of such sale; and (ii) Borrower sells the Collateral only to buyers listed on the Credit Application if required pursuant to the terms of Subsection 2(c) belowamount.

Security Interest and Collateral. To secure the payment and performance of the Secured Obligations, Borrower the Debtor hereby grants Lender to the Secured Party a security interest (herein called the "“Security Interest"”) in and to the following property (hereinafter collectively referred to as the “Collateral”): (a) all of the Borrower’s accounts, contract rights, instruments (including those evidencing indebtedness owed to the Borrower by its affiliates), documents, chattel paper (including electronic chattel paper), general intangibles relating to accounts, drafts and acceptances, credit card receivables and all other forms of obligations owing to the Borrower arising out of or in connection with the sale or lease of Inventory or the rendition of services, all supporting obligations, guarantees and other security therefor, whether secured or unsecured, now existing or hereafter created, and whether or not specifically sold or assigned to the Lender hereunder, including, without limitation, any and all royalties, licenses and/or payments received by the Borrower in respect of that certain License Agreement between the Borrower and a subsidiary of PartyGaming, PLC (the “WPT License Agreement”) and any distributions, dividends and/or payments received by the Borrower or any subsidiary of the Borrower as a result of any working interest the Borrower or any subsidiary of the Borrower may have with respect to any working interest in any oil and gas well (collectively, “Receivables”); (b) all of the Borrower’s equipment whether now owned or hereafter acquired and wherever located including all equipment, machinery, apparatus, motor vehicles, fittings, furniture, furnishings, fixtures, parts, accessories and all replacements and substitutions therefor or accessions thereto (collectively, “Equipment”); (c) all of the Borrower’s general intangibles, whether now owned or hereafter acquired, including all payment intangibles, all choses in action, causes of action, corporate or other business records, inventions, designs, patents, patent applications, equipment formulations, manufacturing procedures, quality control procedures, trademarks, trademark applications, service marks, trade secrets, goodwill, copyrights, design rights, software, computer information, source codes, codes, records and updates, registrations, licenses, franchises, customer lists, tax refunds, tax refund claims, computer programs, all claims under guaranties, security interests or other security held by or granted to the Borrower to secure payment of any of the Receivables by a person that is either an account debtor with respect to any Receivable and/or the prospective purchaser of goods, services or both with respect to any contract or contract right, and/or any party who enters into or proposes to enter into any contract or other arrangement with the Borrower, pursuant to which the Borrower is to deliver any personal property or perform any services (a “Customer”) (other than to the extent covered by Receivables), all rights of indemnification and all other intangible property of every kind and nature (other than Receivables) (collectively, “General Intangibles”); (d) all of the Borrower’s now owned or hereafter acquired by Borrower goods, merchandise and other personal property, wherever located, to be furnished under any consignment arrangement, contract of service or held for sale or lease, all raw materials, work in process, finished goods and materials and supplies of any kind, nature or description which are or might be used or consumed in the Borrower’s business or used in selling or furnishing such goods, merchandise and other personal property, and all products documents of title or other documents representing them. Inventory shall include specifically, but not be limited to, petroleum, natural gas, and proceeds thereof:other minerals, chemicals and substances extracted from under the ground by way of any extraction procedures or processes (collectively, “Inventory”); (ae) Crops, whether annual or perennial, whether grown, growing or to be grown, and whether harvested or unharvested, the products and proceeds thereof and stored grain (including all of the foregoing designated as inventory) and any negotiable Borrower’s now owned or nonnegotiable documentshereafter acquired securities (whether certificated or uncertificated), scale tickets and the like resulting from the storage thereof; also seedsecurities entitlements, fertilizer, chemicals, and other supplies used or produced by Borrower in farming operations; also securities accounts, contract rights commodities contracts and commodities accounts (including proceeds from insurance policies covering collectively, “Investment Property”); (f) all of the other Collateral)Borrower’s right, instruments, documents title and general intangiblesinterest in and to, whether now owned or hereafter acquired and wherever located, (i) its respective goods and other property including, but not limited to, all merchandise returned or rejected by Customers, relating to or securing any of the Receivables; hedging (ii) all of the Borrower’s rights as a consignor, a consignee, an unpaid vendor, mechanic, artisan, or other lienor, including stoppage in transit, setoff, detinue, replevin, reclamation and commodity accounts or agreementsrepurchase; (iii) all additional amounts due to the Borrower from any Customer relating to the Receivables; (iv) other property, now or hereafter or in effectincluding warranty claims, together with relating to any goods securing the Note and the Advances; (v) all of the Borrower’s contract rights, rights of payment that have been earned under a contract right, instruments (including promissory notes), documents, chattel paper (including electronic chattel paper), warehouse receipts, deposit accounts, letters of credit and money, including all right, title and interest in and to such accounts the WPT License Agreement; (vi) all commercial tort claims (whether now existing or agreements hereafter arising) and all payments due other litigation claims (whether now existing or to become due thereunder. (b) Livestock (including livestock in gestation) and their young, products and proceeds and progeny thereof and produce thereofhereafter arising), including all livestock designated of the Borrower’s right, title and interest in and to (I) the litigation against Deloitte & Touche and (II) the litigation relating to the WPT License Agreement and the royalties relating thereto; (vii) if and when obtained by the Borrower, all real and personal property of third parties in which the Borrower has been granted a lien or security interest as inventorysecurity for the payment or enforcement of Receivables; also feed, medicines and other supplies used or produced by Borrower in farming operations; also accounts, contract (viii) all letter of credit rights (including proceeds from insurance policies covering whether or not the respective letter of credit is evidenced by a writing); (ix) all supporting obligations; and (x) any other Collateral)goods, instruments, documents and general intangibles, whether personal property or real property now owned or hereafter acquired and wherever located; hedging and commodity accounts in which the Borrower expressly has granted a security interest or agreementsmay in the future grant a security interest to the Lender under this Agreement, now or hereafter or in effectany amendment or supplement thereto, or under any other agreement between the Lender and the Borrower; (g) all oil, gas, other hydrocarbons, and other minerals at any time produced from or allocated to the “Borrower Property” (as defined in the Credit Agreement) and all products processed or obtained therefrom (herein collectively called the “Production”), together with all rights in accounts arising out of the sale of Production and to all other proceeds of Production (regardless of whether or not the Production, such accounts or agreements and all payments due or to become due thereunder. (c) All of Borrower’s equipment and machinerysuch proceeds constitute “as-extracted collateral” under the UCC), and all accessions liens and attachments thereto and replacements and substitutions therefore (the Equipment). Borrower shall not remove any security interests securing payment of the Collateral from locations disclosed in this Agreementproceeds of Production, nor sell, convey or encumber said Collateral, provided, however, that Borrower may sell said Collateral or any part thereof if, including those liens and only if: security interests provided for under (i) statutes enacted in the proceeds jurisdictions in which the Borrower Property are located, or (ii) statutes made applicable to the Borrower Property under federal law (or some combination of federal and state law); (h) without limitation of or by any other provisions of this Section 1.3, all payments received in lieu of Production (regardless of whether such payments accrued, or the events which gave rise to such payments occurred on, before or after the date hereof), including “take or pay” payments and similar payments, payments received in settlement of or pursuant to a judgment rendered with respect to take or pay or similar obligations or other obligations under a production sales contract, payments received in buyout or buydown or other settlement of a production sales contract, and payments received under a gas balancing or similar agreement as a result of (or received otherwise in settlement of or pursuant to judgment rendered with respect to) rights held by the Borrower as a result of the Borrower (or its predecessors in title) taking or having taken less gas from lands covered by a Borrower Property (or lands pooled or unitized therewith) than their ownership of such sale are made payable jointly Borrower Property would entitle them to Lender and Borrower if requested by Xxxxxx, it receive (the payments described in this subsection (h) being specifically understood and agreed that all Obligations secured herein called “Payments in Lieu of Production”); (i) without limitation of or by the Collateral to the extent foregoing, all rights and interests of the sale price shall be due Borrower under any hedging contract now or hereafter executed; (j) all geological, geophysical, engineering, accounting, title, legal, and payable at other technical or business data concerning the time Borrower Property, the Production or any other item of Property (as herein defined), which data is now or hereafter in the possession of the Borrower or in which the Borrower can otherwise grant a security interest, and all books, files, records, magnetic media, software, and other forms of recording or obtaining access to such saledata; (k) all of the Borrower’s ledger sheets, ledger cards, files, correspondence, records, books of account, business papers, computers, computer software (owned by the Borrower or in which it has an interest), computer programs, tapes, disks and documents relating to subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), and (j) above; and (l) all substitutions and replacements for and proceeds and products of subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), and (k) in whatever form, including, but not limited to: cash, deposit accounts (whether or not comprised solely of proceeds), certificates of deposit, insurance proceeds (including hazard, flood and credit insurance), negotiable instruments and other instruments for the payment of money, chattel paper, security agreements, documents, eminent domain proceeds, condemnation proceeds and tort claim proceeds and, in the case of all tangible Collateral, together with (i) all accessories, attachments, parts, equipment, accessions, and repairs now or hereafter attached or affixed to or used in connection with any such goods, and (ii) Borrower sells the Collateral only to buyers listed on the Credit Application if required pursuant to the terms all warehouse receipts, bills of Subsection 2(c) belowlading, and other documents of title now or hereafter covering such goods.

Security Interest and Collateral. To In order to secure the payment and performance of the Secured Obligations, Borrower the Grantor hereby grants Lender to the Secured Party a security interest (herein called the "“Security Interest"”) in and to the following Collateralproperties, rights and assets of the Grantor, wherever located, and whether now owned or hereafter acquired by Borrower (hereinafter collectively referred to as the “Collateral”): any and wherever locatedall furniture, fixtures, machinery, equipment, goods, inventory, accounts and any other rights to the payment of money (including, but not limited to, all health-care-insurance receivables), deposit accounts, money, vehicles, prepaid insurance, letter-of-credit rights, supplies, causes of action, patents and patent applications, patent rights, inventions, designs, registered and unregistered copyrights and applications, trademarks, goodwill, trade names, trade secrets, methods, know-how, processes, specifications, Internet addresses and sites, universal locators, software, license rights, royalty rights, franchise rights, chattel paper (including, without limitation, electronic chattel paper and tangible chattel paper), documents, instruments, investment property, payment intangibles, general intangibles, rights or benefits arising under any contracts, tax refund claims, choses in action and claims against third parties (including, without limitation, the right to xxx for past, present and future infringements), commercial tort claims, security deposits, security interests, rights to reimbursement and indemnification, and books, records and other information relating to the Grantor or the Collateral (whether in tangible or intangible form). together with all supporting obligations, additions, substitutions and replacements for and products and proceeds thereof: (a) Crops, whether annual or perennial, whether grown, growing or to be grown, and whether harvested or unharvested, the products and proceeds thereof and stored grain (including all of any of the foregoing designated as inventoryproperty and, in the case of all tangible Collateral, together with (i) all accessories, attachments, parts, equipment, accessions and any negotiable or nonnegotiable documents, scale tickets and the like resulting from the storage thereof; also seed, fertilizer, chemicals, and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, repairs now or hereafter attached or affixed to or used in effectconnection with any such goods, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (b) Livestock (including livestock in gestation) and their young, products and proceeds and progeny thereof and produce thereof, including all livestock designated as inventory; also feed, medicines and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (c) All of Borrower’s equipment and machinery, and all accessions and attachments thereto and replacements and substitutions therefore (the Equipment). Borrower shall not remove any of the Collateral from locations disclosed in this Agreement, nor sell, convey or encumber said Collateral, provided, however, that Borrower may sell said Collateral or any part thereof if, and only if: (i) the proceeds of such sale are made payable jointly to Lender and Borrower if requested by Xxxxxx, it being specifically understood and agreed that all Obligations secured by the Collateral to the extent of the sale price shall be due and payable at the time of such sale; and (ii) Borrower sells all warehouse receipts, bills of lading and other documents now or hereafter covering such goods. This Agreement shall create a continuing security interest in the Collateral only and shall, except as otherwise set forth in Section 6, remain in full force in effect until the satisfaction in full of the Secured Obligations. All terms not otherwise described herein shall have the meaning assigned to buyers listed on them in the Credit Application if required pursuant to the terms of Subsection 2(c) belowLoan Agreement.

Security Interest and Collateral. To secure the payment and performance of the Obligations, Borrower Debtor hereby grants Lender to Secured -------------------------------- Party a security interest (herein called the "Security Interest") in the following property (all of the following being herein sometimes referred to as the "Collateral, whether "): a. Whether now owned or hereafter acquired by Borrower and Debtor, wherever located, all present and all products and proceeds thereof: (a) Crops, whether annual or perennial, whether grown, growing or to be grown, and whether harvested or unharvested, the products and proceeds thereof and stored grain (including all of the foregoing designated as inventory) and any negotiable or nonnegotiable documents, scale tickets and the like resulting from the storage thereof; also seed, fertilizer, chemicals, and other supplies used or produced by Borrower in farming operations; also future accounts, contract rights (including proceeds from insurance policies covering the other Collateral)general intangibles, chattel paper, documents, instruments, documents inventory, equipment, fixtures, other goods, minerals, money, installment contracts, and general intangibles, whether now owned or hereafter acquired deposit accounts. b. The balance of every deposit account of Debtor and wherever located; hedging and commodity accounts or agreementsany claim of Debtor against Secured Party, now or hereafter existing, whether liquidated or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunderunliquidated. (b) Livestock (including livestock in gestation) c. All present and their youngfuture increases, profits, combinations, reclassifications, improvements, and products and proceeds and progeny thereof and produce thereofof, including all livestock designated as inventory; also feedaccessions, medicines attachments, and other supplies additions to, tools, parts, and equipment used in connection with, and substitutes and replacements for, all or produced by Borrower in farming operations; also part of the Collateral heretofore described. d. All present and future accounts, contract rights (including proceeds from insurance policies covering the other Collateral)general intangibles, chattel paper, documents, instruments, documents cash and general intangiblesnoncash proceeds, whether now owned and other rights arising from or hereafter acquired and wherever located; hedging and commodity accounts by virtue of, or agreementsfrom the voluntary or involuntary sale or other disposition of, now or hereafter collections with respect to, or insurance proceeds payable with respect to, or proceeds payable by virtue of warranty or other claims against manufacturers of, or claims against any other person or entity with respect to, all or any part of the Collateral heretofore described in effect, together with all rights in and to such accounts this subparagraph or agreements and all payments due or to become due thereunderotherwise. (c) e. All present and future security for the payment to Debtor of Borrower’s equipment and machinery, and all accessions and attachments thereto and replacements and substitutions therefore (the Equipment). Borrower shall not remove any of the Collateral from locations disclosed heretofore described and goods which gave or will give rise to any of such Collateral or are evidenced, identified, or represented therein or thereby; provided that the description of -------- ---- Collateral contained in this Agreement, nor sell, convey Paragraph 2(e) shall not be deemed to -------------- permit any action prohibited by this agreement or encumber said Collateral, provided, however, that Borrower may sell said Collateral or any part thereof if, and only if: (i) the proceeds of such sale are made payable jointly to Lender and Borrower if requested by Xxxxxx, it being specifically understood and agreed that all Obligations secured by the Collateral to the extent of the sale price shall be due and payable at the time of such sale; and (ii) Borrower sells the Collateral only to buyers listed on the Credit Application if required pursuant to the terms of Subsection 2(c) belowincorporated in this agreement.

Security Interest and Collateral. To secure the payment and performance of each and every debt, liability, and obligation of every type, and description which Borrower may now, or at any time hereafter owe to Secured Party, all such debts, liabilities, and obligations herein collectively referred to as the “Obligations, Borrower ,” Debtor hereby grants Lender Secured Party a security interest (herein called the "“Security Interest"”) in all of Debtor’s right, title and interest in and to the following Collateralproperty, whether now owned or hereafter acquired by Borrower (the “Collateral”): A. All of Debtor’s present and future accounts, receivables, contract rights, rents, instruments, unearned insurance premiums, chattel paper, deposits, deposit accounts, documents, tax refunds, proceeds from insurance and condemnation relating to any of the property of Debtor in which Secured Party has a security interest, all forms of obligations whatsoever owing to Debtor together with all right, title, security and guaranties with respect to each receivable or obligation owed to Debtor (the “Accounts”); B. All of Debtor’s present and future inventory, wherever located, including, but not limited to all merchandise, raw materials, parts, supplies, work in process, and finished products, intended for sale, rent, or lease, and all products packaging materials of every kind and proceeds thereof: (a) Cropsdescription now or at any time hereafter owned by and in the custody or possession, whether annual actual or perennialconstructive, whether grownof Debtor, growing including such inventory as is temporarily out of custody or to be grownpossession of Debtor and including any returns upon any accounts or other proceeds, and whether harvested including insurance proceeds, resulting from the sale or unharvested, the products and proceeds thereof and stored grain (including all disposition of any of the foregoing designated as inventory) (the “Inventory”); C. All of Debtor’s present and any negotiable or nonnegotiable documentsfuture supplies, scale tickets furniture, fixtures, machinery and the like resulting from the storage thereof; also seedequipment, fertilizerwherever located, chemicalsincluding, without limitation, data processing, computer equipment, software, computer software systems, office machinery, furniture, material handling equipment, conveyors, tools, attachments, accessories, automobiles, automotive equipment, trailers, trucks, forklifts, motor vehicles, and other equipment of every kind and nature, all whether now owned or hereafter acquired, and wherever situated, together with all additions and accessions thereto, replacements therefor, together with all maintenance and repair parts and supplies used or produced by Borrower in farming operations; also accountstherefor, contract all substitutes for any of the foregoing and all manuals, drawings, instructions, warranties and rights with respect thereto, and all proceeds thereof, of whatever kind, including insurance proceeds and condensation awards (including proceeds from insurance policies covering the other Collateral“Equipment”), instruments, documents ; D. All of Debtor’s general intangibles and general intangiblesintellectual property wherever located, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts acquired, created or arising, including without limitation all choses in action, customer lists, business records, corporate or other business records, commercial tort claims, sales literature, name plates, catalogs, dealer contracts, supplier contracts, distributor agreements, now confidential information, consulting agreements, engineering contracts, and such other assets as uniquely reflect the goodwill of the business of Debtor, applications for patents, patents, copyrights, trademarks, trade secrets, service marks, inventions, methods, processes, research and development, good will, trade names, customer lists, permits and franchises and Debtor’s name (the “General Intangibles and Intellectual Property”); E. All present and future cash, certificates of deposit, investment property, securities (whether certificated or hereafter or in effectuncertificated), together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (b) Livestock (including livestock in gestation) and their youngsecurity entitlements, products and proceeds and progeny thereof and produce thereof, including all livestock designated as inventory; also feed, medicines and other supplies used or produced by Borrower in farming operations; also securities accounts, contract rights (including proceeds from insurance policies covering the other Collateral)commodity contracts, instrumentscommodity accounts, documents and general intangiblesmembership interests, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreementsfinancial rights, now or hereafter or in effectgovernance rights, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (c) All brokerage accounts, bank accounts, letters of Borrower’s equipment and machinerycredit, and all accessions other assets of any type or nature; and F. All additions, accessions, increases, parts, fittings, accessories, replacements, substitutions, betterments, repairs and attachments thereto and replacements and substitutions therefore (the Equipment). Borrower shall not remove proceeds of or to any or all of the Collateral from locations disclosed in foregoing, including, without limitation, all insurance proceeds and condemnation awards. Upon default pursuant to the provisions of this Agreement, nor sell, convey Secured Party becomes entitled to all remedies set forth herein or encumber said Collateral, provided, however, that Borrower may sell said Collateral or any part thereof if, and only if: (i) the proceeds of such sale are made payable jointly otherwise provided to Lender and Borrower if requested by Xxxxxx, it being specifically understood and agreed that all Obligations secured parties by the Collateral to Uniform Commercial Code as adopted in the extent State of the sale price shall be due and payable at the time of such sale; and (ii) Borrower sells the Collateral only to buyers listed on the Credit Application if required pursuant to the terms of Subsection 2(c) belowNorth Dakota.

Security Interest and Collateral. To secure the payment and performance of each and every debt, liability, and obligation of every type, and description which Borrower may now, or at any time hereafter, owe to DSC, or any renewals, replacements or extensions thereof, whether such debt, liability, or obligation now exists or is hereafter created or incurred, and whether it is or may be direct or indirect, due or to become due, absolute or contingent, primary or secondary, liquidated or unliquidated, or joint, several, or joint and several; all such debts, liabilities, and obligations herein collectively referred to as the Obligations"OBLIGATIONS", Borrower hereby grants Lender to DSC a security interest (herein called the "Security InterestSECURITY INTEREST") in all assets of Borrower, together with all accessions, products, replacements, substitutes, and proceeds thereof, including but not limited to the following Collateral(the "COLLATERAL"): A. All accounts, deposit accounts, commercial tort claims, credit balances, rights to payment, receivables, contract rights, investment property, instruments, chattel paper, documents, loans and obligations receivable, tax refunds, unbilled time and fees, and work in process of Borrower, letter of credit rights, software, and money, together with the proceeds from insurance and condemnation relating to any of the property of Borrower in which Bank has a security interest, all forms of obligations whatsoever owing to Borrower, together with all right, title, security and guaranties with respect to each receivable or obligation owed to Borrower; B. All present and future inventory, wherever located, including, but not limited to all merchandise, raw materials, parts, supplies, work in process, finished products intended for sale, rent, or lease, and all packaging materials of every kind and description now or at any time hereafter owned by and in the custody or possession, actual or constructive, of Borrower, including such inventory as is temporarily out of custody or possession of Borrower and including any returns upon any accounts or other proceeds, including insurance proceeds, resulting from the sale or disposition of any of the foregoing (the "INVENTORY"); C. All equipment of Borrower, whether now owned or hereafter acquired acquired, including but not limited to all present and future machinery, furniture, fixtures, medical equipment and devices, and equipment, shop equipment, office and recordkeeping equipment, parts and tools, and the goods described in any equipment schedule or list furnished to Bank by Borrower (but no such schedule or list need be furnished in order for the security interest to be valid as to all of Borrower's equipment) (the "EQUIPMENT"); and D. All tangible personal property and wherever locatedchattels, including but not limited to all plumbing, heating, and lighting apparatus, mantels, floor coverings, furniture, beds, furnishings and supplies, draperies, screens, storm windows and doors, awnings, shrubbery, plants, boilers, tanks, machinery, stoves, blinds, gas, electric, air-conditioning, heating, ventilating and sprinkling and other fire prevention or fire extinguishing equipment of whatsoever kind and nature, if any, and all products other articles of personal property which are located on or used or usable in connection with the management, operation and proceeds thereof:maintenance of the premises of the Borrower; and (a) CropsE. All of Borrower's right, whether annual or perennialtitle and interest in and to any and all licenses, whether grownpermits, growing or permissions and approvals relating to be grownthe current and future use, occupancy, maintenance and operation pertaining any premises occupied by Borrower, including all federal, state and local governmental requirements including, without limitation, all environmental and other use permits, and whether harvested or unharvested, those relating to sewage disposal and water (the products and proceeds thereof and stored grain (including all "LICENSES AND PERMITS"); and F. All general intangibles of the foregoing designated as inventory) and any negotiable or nonnegotiable documents, scale tickets and the like resulting from the storage thereof; also seed, fertilizer, chemicals, and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangiblesBorrower, whether now owned or hereafter acquired acquired, including, but not limited to, applications for patents, patents, copyrights, trademarks, trade secrets, good will, tradenames, customers lists, permits and wherever located; hedging franchises, and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and the right to such accounts or agreements and all payments due or to become due thereunderuse Borrower's name (the "GENERAL INTANGIBLES"). (b) Livestock (including livestock in gestation) and their youngG. Without limiting the foregoing, products and proceeds and progeny thereof and produce thereof, including all livestock designated as inventory; also feed, medicines and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (c) All of Borrower’s equipment 's title and machineryinterest in telephone hardware inventory, and all accessions and attachments thereto and replacements and substitutions therefore (the Equipment). Borrower shall not remove any of the Collateral from locations disclosed in this Agreement, nor sell, convey or encumber said Collateral, provided, however, that Borrower may sell said Collateral or any part thereof if, and only if: (i) the proceeds of such sale are made payable jointly to Lender and Borrower if requested by Xxxxxx, it being specifically understood and agreed that all Obligations secured by the Collateral to the extent of the sale price shall be due and payable at the time of such sale; and (ii) Borrower sells the Collateral only to buyers listed on the Credit Application if required pursuant to the terms of Subsection 2(c) below.sale(s)

Security Interest and Collateral. To secure the full and timely payment and performance of the Obligations, Borrower Pledgor hereby assigns, transfers, and grants Lender to Pledgee a security interest in all of its right, title, and interest in and to all of Pledgor’s assets, including, without limitation: (herein called the "Security Interest"a) in the following Collateralaccounts, commercial tort claims, deposit accounts, contract rights, chattel paper (whether electronic or tangible), instruments, promissory notes, documents, general intangibles, payment intangibles, securities, security entitlements and other investment property, software, letter of credit rights, health-care insurance receivables, and other rights to payment of every kind now existing or at any time hereafter arising; (b) inventory, goods held for sale or lease or to be furnished under contracts for service, or goods so leased or furnished, now or at any time hereafter owned or hereafter acquired by Borrower and Pledgor, wherever located, and all products and proceeds thereof: (a) Crops, whether annual in the possession of Pledgor, any warehousemen, any bailee or perennialany other Person, whether grown, growing or to be grownin process of delivery, and whether harvested located at Pledgor's place or unharvestedplaces of business or elsewhere; (c) warehouse receipts, bills of sale, bills of lading, and other documents of every kind (whether or not negotiable) in which Pledgor now has or at any time hereafter acquires any interest, and all additions and accessions thereto, whether in the products possession or custody of Xxxxxxx, any bailee or any other third party; (d) money and proceeds thereof property previously, now or hereafter delivered to or deposited with Pledgor or otherwise coming into the possession, custody or control of Pledgor (or any agent or bailee of Pledgor) in any manner or for any purpose whatsoever during the existence of this Agreement and stored grain whether held in a general or special account or deposit for safekeeping or otherwise; (e) all right, title, and interest of Pledgor under licenses, guaranties, warranties, management agreements, marketing or sales agreements, escrow contracts, indemnity agreements, insurance policies, service or maintenance agreements, supporting obligations, and other similar contracts of every kind in which Pledgor now has or at any time hereafter has or will have an interest; (f) all equipment, machinery, furnishings, furniture, tools and other items of like nature and fixtures of every kind now existing or hereafter acquired, and all improvements, replacements, accessions, and additions thereto and embedded software included therein, whether located on any property owned or leased by Pledgor or elsewhere, including all any of the foregoing designated as inventory) and now or at any negotiable time hereafter located at or nonnegotiable documents, scale tickets and installed on the like resulting from land or in the storage thereof; also seed, fertilizer, chemicalsimprovements at any of the real property owned or leased by Pledgor, and all such goods after they have been severed and removed from any of the real property; (g) all motor vehicles, boats, other supplies used or produced by Borrower in farming operations; also accountsrolling stock, contract rights (including proceeds from insurance policies covering the other Collateral)if any, instruments, documents and general intangibles, whether related equipment of every kind now owned existing or hereafter acquired and wherever located; hedging all additions and commodity accounts accessories thereto, whether located on any property owned or agreements, leased by Pledgor or elsewhere; (h) all rights now or hereafter accruing to Pledgor under contracts, leases, agreements, licenses, or in effectother instruments to perform services, to hold and use land and facilities, and other instruments of every character and description, including those relating to indemnification, together with all extensions, modifications, supplements, renewals, amendments, assignments, and replacements of any of the foregoing, and also together with the rights in of Pledgor to enforce any and all of the agreements, terms, covenants, and conditions therein and to such accounts or agreements give notices thereunder and to enforce all payments due or to become due rights thereunder.; and (bi) Livestock (including livestock in gestation) and their youngwhatever is receivable or received when any of the foregoing or the proceeds thereof are sold, products and proceeds and progeny thereof and produce thereofleased, collected, exchanged, or otherwise disposed of, whether such disposition is voluntary or involuntary, including all livestock designated as inventory; also feed, medicines rights to payment and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from returned premiums with respect to any insurance policies covering relating to any of the other Collateral), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (c) All of Borrower’s equipment and machineryforegoing, and all accessions and attachments thereto and replacements and substitutions therefore (the Equipment). Borrower shall not remove rights to payment with respect to any claim or cause of action affecting or relating to any of the Collateral from locations disclosed in this Agreement, nor sell, convey or encumber said Collateral, provided, however, that Borrower may sell said Collateral or any part thereof if, and only if: foregoing (i) the proceeds of such sale are made payable jointly to Lender and Borrower if requested by Xxxxxx, it being specifically understood and agreed that all Obligations secured by the Collateral to the extent of the sale price forgoing assets shall collectively be due and payable at referred to hereafter as the time of such sale; and (ii) Borrower sells the Collateral only to buyers listed on the Credit Application if required pursuant to the terms of Subsection 2(c) below“Collateral”).

Security Interest and Collateral. To secure the payment and performance of the Obligations, Borrower hereby grants Lender a security interest (herein called the "Security Interest") in the following Collateral, whether now owned or hereafter acquired by Borrower and wherever located, and all products and proceeds thereof: (a) Crops, whether annual or perennial, whether grown, growing or to be grown, and whether harvested or unharvested, the products and proceeds thereof and stored grain (including all of the foregoing designated as inventory) and any negotiable or nonnegotiable documents, scale tickets and the like resulting from the storage thereof; also seed, fertilizer, chemicals, and other supplies used or produced by Borrower in farming operations; also accounts; (b) Accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents documents, chattel paper (whether tangible or electronic), investment property, documents, deposit accounts, letter-of-credit rights and supporting obligations, and general intangibles (including, without limitation, patents, trademarks, copyrights and other intellectual property and goodwill and payment intangibles), whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (bc) Livestock (including livestock in gestation) and their young, products and proceeds and progeny thereof and produce thereof, including all livestock designated as inventory; also feed, medicines and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder.; and (cd) All of Borrower’s inventory, goods, equipment and machinery, and all accessions and attachments thereto and replacements and substitutions therefore substitutions, therefore. (the Equipment). e) Borrower shall not remove any of the Collateral from locations disclosed in this Agreement, nor sell, convey or encumber said Collateral, provided, however, that Borrower may sell said Collateral or any part thereof if, and only if: (i) the proceeds of such sale are made payable jointly to Lender and Borrower if requested by XxxxxxLender, it being specifically understood and agreed that all Obligations secured by the Collateral to the extent of the sale price shall be due and payable at the time of such sale; and (ii) Borrower sells the Collateral only to buyers listed on the Credit Application if required pursuant to the terms of Subsection 2(c) below.and

Security Interest and Collateral. To secure the payment and performance of each and every debt, liability, and obligation of every type and description which Debtor may now, or at any time hereafter, owe to Secured Party (whether such debt, liability, or obligation now exists or is hereafter created or incurred, and whether it is or may be direct or indirect, due or to become due, absolute or contingent, primary or secondary, liquidated or unliquidated, or joint, several, or joint and several; all such debts, liabilities and obligations herein collectively referred to as the "Obligations"), Borrower Debtor hereby grants Lender Secured Party a security interest (herein called the "Security Interest") in the following property (the "Collateral"): The Ground Lease between West Acres Development, LLP, as Landlord, and Debtor, as Tenant, dated January 18, 2001; All inventory of Debtor, whether now owned or hereafter acquired by Borrower and wherever located, and all products and proceeds thereof: (a) Crops, whether annual or perennial, whether grown, growing or pertaining to be grown, and whether harvested or unharvested, the products and proceeds thereof and stored grain (including all Leased Premises; All equipment of Debtor pertaining to the foregoing designated as inventory) and any negotiable or nonnegotiable documents, scale tickets and the like resulting from the storage thereof; also seed, fertilizer, chemicals, and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangiblesLeased Premises, whether now owned or hereafter acquired acquired, including but not limited to, all present and wherever located; hedging future machinery, vehicles, furniture, fixtures, office and commodity accounts record keeping equipment, and the goods described in any equipment schedule or agreements, now list herewith or hereafter furnished to Secured Party by Debtor (but no such schedule or list need be furnished in effectorder for the Security Interest granted herein to be valid as to all of Debtor's equipment); Each and every right of Debtor to the payment of money, whether such right to payment now exists or hereafter arises, whether such right to payment arises out of a sale, lease, or other disposition of goods or other property by Debtor, out of a rendering of services by Debtor, out of a loan by Debtor, out of the overpayment of taxes or other liabilities of Debtor, or otherwise arises under any contract or agreement, whether such right to payment is or is not already earned by performance, and howsoever such right to payment may be evidenced, together with all other rights in and to such accounts or agreements and all payments due or to become due thereunder. (b) Livestock interests (including livestock in gestationall liens and security interests) which Debtor may at any time have by law or agreement against any account debtor or other obligor obligated to make any such payment or against any of the property of such account debtor or other obligor; all including but not limited to all present and their youngfuture debt instruments, products and proceeds and progeny thereof and produce thereofchattel paper, including all livestock designated as inventory; also feed, medicines and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering loans, and obligations receivable, and tax refunds; All general intangibles of Debtor related to the other Collateral), instruments, documents and general intangiblesLeased Premises, whether now owned or hereafter acquired acquired, including but not limited to, trademarks, trade secrets, goodwill, trade names, customer lists, permits and wherever locatedfranchises, and the right to use Debtor's name, Deposit Accounts; hedging and commodity accounts All room rentals, licenses and agreements including without limitation all receivables and other amounts arising in the ordinary course of Debtor's business conducted on or agreementsfrom the Premises; together with all substitutions and replacements for and products of any of the foregoing property, now or hereafter or all proceeds (including insurance proceeds) of any and all of the foregoing property and, in effectthe case of all tangible Collateral, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (c) All of Borrower’s equipment and machinery, and all accessions and attachments thereto and replacements and substitutions therefore (the Equipment). Borrower shall not remove any of the Collateral from locations disclosed in this Agreement, nor sell, convey or encumber said Collateral, provided, however, that Borrower may sell said Collateral or any part thereof if, and only if: (i) the proceeds of such sale are made payable jointly to Lender and Borrower if requested by Xxxxxxaccessions, it being specifically understood and agreed that all Obligations secured by the Collateral to the extent of the sale price shall be due and payable at the time of such sale; and (ii) Borrower sells accessories, attachments, parts, equipment, and repairs now or hereafter attached or affixed to or used in connection with any such goods, and (iii) warehouse receipts, bills of lading, and other documents of title now or hereafter covering such goods. Any item used in the Collateral only to buyers listed on Uniform Commercial Code ("UCC") and not defined in this Agreement shall have the Credit Application if required pursuant meaning given to the terms of Subsection 2(c) belowterm in the UCC now or hereafter in effect.

Security Interest and Collateral. To secure the payment and performance of the Obligations, (a) Borrower hereby mortgages, pledges and assigns to Lender, and grants to Lender a continuing security interest (herein called the "“Security Interest"”) in in, and a continuing Lien upon, all of the following Collateralproperty and assets of Borrower, wherever located and whether now owned or hereafter acquired by Borrower acquired, including but not limited to the property and wherever located, and all products and proceeds thereof: assets listed on Exhibit C (a) Crops, whether annual or perennial, whether grown, growing or to be grown, and whether harvested or unharvested, the products and proceeds thereof and stored grain (including all of the foregoing designated as inventory) and any negotiable or nonnegotiable documents, scale tickets and the like resulting from the storage thereof; also seed, fertilizer, chemicals, and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other “Collateral”), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (b) Livestock (including livestock in gestation) The Security Interest secures payment and their young, products and proceeds and progeny thereof and produce thereof, including the performance of all livestock designated as inventory; also feed, medicines and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangiblesObligations, whether now owned existing or hereafter acquired incurred or arising, of every kind and wherever locatedcharacter, primary or secondary, direct or indirect, absolute or contingent, sole, joint or several, and whether any amount due under the Loan Documents is from time to time reduced and thereafter increased, or entirely extinguished and thereafter reincurred, including, without limitation: (a) all Loans under the Revolving Credit Facility; hedging (b) all interest which accrues on amounts due under the Revolving Credit Facility, until payment of such amounts in full, including, without limitation, all interest provided for under this Agreement or the Revolving Note; and commodity accounts or agreements(c) all other monies payable by Borrower, now or hereafter and all obligations and agreements of Borrower to Lender, pursuant to this Agreement, the Revolving Note or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunderthe other Loan Documents. (c) All Borrower agrees that the Security Interest shall, and that Borrower shall take all action necessary, or that Lender may reasonably request, so that the Security Interest shall at all times be valid, perfected and enforceable against Borrower and all third parties, in accordance with the terms hereof, as security for the Obligations, including, without limitation, the filing of Uniform Commercial Code financing statements and any filing with the United States Patent and Trademark Office or any foreign patent office, as applicable (which Borrower authorizes Lender to file). (d) The Questionnaire is, as of the date hereof, correct and accurate in all material respects. (e) After the occurrence and during the continuation of an Event of Default, Borrower shall hold all proceeds of Collateral in trust for Lender, not commingle the same with other property or funds of Borrower and, unless Lender shall have otherwise instructed Borrower, deliver the same or cause the same to be delivered in the exact form received, together with any necessary endorsements, to Lender. (f) Effective upon the occurrence of an Event of Default, Borrower hereby designates and appoints Lender and its designees as attorney in fact of Borrower, irrevocably and with power of substitution, with authority to endorse Borrower’s equipment name on any notes, acceptances, checks, drafts, money orders, instruments or other evidences of payment or proceeds of the Collateral that may come into Lender’s possession; to execute proofs of claim and machineryloss; to adjust and compromise any claims under insurance policies; and to perform all other acts necessary and advisable, in Lender’s sole discretion, to carry out and all accessions enforce this Agreement and attachments thereto the other Loan Documents. All acts of said attorney or designee are hereby ratified and replacements approved by Borrower and substitutions therefore (the Equipment). Borrower said attorney or designee shall not remove be liable for any acts of commission or omission nor for any error of judgment or mistake of fact or law. This power of attorney is coupled with an interest and is irrevocable so long as any of the Collateral from locations disclosed in this AgreementObligations remain unpaid or unperformed. (g) Lender shall have, nor sell, convey or encumber said with respect to the Collateral, providedin addition to all of its rights and remedies under the Loan Documents, however(a) the rights and remedies of a secured party under the Uniform Commercial Code, that Borrower may sell said whether or not the Uniform Commercial Code would otherwise apply to the Collateral or any part thereof ifin question, and only if: (ib) the proceeds rights and remedies of such sale are made payable jointly to Lender and Borrower if requested by Xxxxxx, it being specifically understood and agreed that a secured party under all Obligations secured by the Collateral to the extent of the sale price shall be due and payable at the time of such sale; and (ii) Borrower sells the Collateral only to buyers listed on the Credit Application if required pursuant to the terms of Subsection 2(c) belowother Applicable Law.

Security Interest and Collateral. To secure the payment and performance of the Obligations, Borrower Debtor hereby grants Lender to Secured Party a security interest (herein called the "“Security Interest"”) in the following property (collectively referred to as the “Collateral”): (a) all of its accounts, accounts receivable, contract rights, general intangibles, chattel paper, instruments, documents, promissory notes, deposit accounts, funds on deposit with Secured Party, investment property, investment securities, financial assets, letter of credit rights, electronic chattel paper, software, supporting obligations, payment intangibles, commercial tort claims and all other personal property, whether now owned or hereafter acquired by Borrower acquired, including without limitation, all lease receivables and wherever note receivables, all cash, notes, drafts and acceptances arising therefrom, all returned and repossessed goods arising from or relating to any such accounts, or other proceeds of any sale, lease or other disposition of inventory, all tradenames, trademarks, patents and other licenses, and all proceeds (including insurance proceeds) and products thereof; (b) all of its inventory, whether now owned or hereafter acquired, including, without limitation, all raw materials, goods in process, finished goods and other tangible personal property held for sale or lease or furnished or to be furnished under contracts for service or used or consumed in Debtor's trade or business and all additions, accessions, substitutions, attachments and replacements thereto and all contracts with respect thereto and all documents of title evidencing or representing any part thereof and all products and proceeds (including insurance proceeds) thereof; and (c) all of its machinery, equipment, rolling stock, furniture, fixtures and personalty of every nature and description, whether now owned or hereafter acquired, and all appurtenances, accessions and additions thereto and substitutions and replacements therefor, wheresoever located, including all tools, parts and accessories used in connection therewith, and all products and proceeds thereof: (a) Crops, whether annual or perennial, whether grown, growing or to be grown, and whether harvested or unharvested, the products and proceeds thereof and stored grain (including all insurance proceeds). All terms used herein that are defined in the Uniform Commercial Code as adopted in the State of Texas shall have the foregoing designated meanings specified in the Uniform Commercial Code as inventory) and any negotiable or nonnegotiable documents, scale tickets and adopted by the like resulting State of Texas as in effect from the storage thereof; also seed, fertilizer, chemicals, and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and time to such accounts or agreements and all payments due or to become due thereunder. (b) Livestock (including livestock in gestation) and their young, products and proceeds and progeny thereof and produce thereof, including all livestock designated as inventory; also feed, medicines and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (c) All of Borrower’s equipment and machinery, and all accessions and attachments thereto and replacements and substitutions therefore time (the Equipment"UCC"). Borrower shall not remove any of the Collateral from locations disclosed in this Agreement, nor sell, convey or encumber said Collateral, provided, however, that Borrower may sell said Collateral or any part thereof if, and only if: (i) the proceeds of such sale are made payable jointly to Lender and Borrower if requested by Xxxxxx, it being specifically understood and agreed that all Obligations secured by the Collateral to the extent of the sale price shall be due and payable at the time of such sale; and (ii) Borrower sells the Collateral only to buyers listed on the Credit Application if required pursuant to the terms of Subsection 2(c) below.

Security Interest and Collateral. (a) To secure the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of all of the Obligationsobligations and liabilities of Maker to Payee under this Note, Borrower together with all costs of enforcement in connection herewith and therewith, Maker hereby grants Lender to Payee a continuing security interest (herein called the "Security Interest") in the following Collateralin, and lien upon, all of Maker’s and its Subsidiaries’ property and assets, whether real or personal, tangible or intangible, and whether now owned or hereafter acquired by Borrower and wherever locatedacquired, and all products and proceeds thereof: (a) Cropsor in which it now has or at any time in the future may acquire any right, whether annual title or perennialinterest, whether grown, growing or to be grown, and whether harvested or unharvested, the products and proceeds thereof and stored grain (including all of the foregoing designated as following property in which it now has or at any time in the future may acquire any right, title or interest: all accounts, accounts receivable, deposit accounts, inventory) and any negotiable or nonnegotiable , equipment, goods, documents, scale tickets and the like resulting from the storage thereof; also seed, fertilizer, chemicals, and other supplies used or produced by Borrower in farming operations; also accountsinstruments (including promissory notes), contract rights rights, general intangibles (including payment intangibles), chattel paper, supporting obligations, investment property, letter-of-credit rights, commercial tort claims, Maker’s and its Subsidiaries’ right, title and interest in and to all shares of capital stock, securities and equity interests in the Subsidiaries of Maker, permits, licenses, intellectual property, trademarks, trade styles, patents and copyrights in which Maker or its Subsidiaries now has or hereafter may acquire, title and interest, all books, records, computer programs, tapes, disks and related data processing software, all proceeds and products thereof (including proceeds from insurance policies covering of insurance) and all additions, accessions and substitutions thereto or therefor (the other foregoing, collectively, the “Maker Collateral”), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or . The security interest granted hereby shall be senior in effect, together right with all rights in and other security interests that have been granted by Maker prior to such accounts or agreements and all payments due or to become due thereunderthe date hereof. (b) Livestock As security and collateral for the Guaranty of the Guaranteed Obligations, Guarantor hereby pledges, hypothecates and grants to Payee a continuing, first priority security interest in and lien upon, and assigns to Payee all right, title and interest in and to (including livestock in gestation) and their youngcollectively, products and proceeds and progeny thereof and produce thereof, including all livestock designated as inventory; also feed, medicines and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect“Pledged Interests” and, together with the Maker Collateral, the “Collateral”): (i) all of the capital stock or other equity interests owned by Guarantor in Maker (or its successors); (ii) any certificates representing such capital stock, equity interests or other Pledged Interests; (iii) any interest of Guarantor in the entries on the books of any financial intermediary pertaining to the Pledged Interests, and all distributions, return of capital, redemptions, dividends, cash, warrants, rights, instruments and other property or proceeds from time to time received, receivable or otherwise distributed in respect of or in exchange for any or all of the Pledged Interests; (iv) all additional interest in, and all securities convertible into and warrants, options and other rights to purchase or otherwise acquire an interest in any issues of the Pledged Interests from time to time acquired by Guarantor in any manner (which interest shall be deemed to be part of the Pledged Interests), the certificates or other instruments representing such additional interest, if any, securities, warrants, options or other rights and any interest of Guarantor in the entries on the books of any financial intermediary pertaining to such additional interest, and all dividends, cash, warrants, rights, instruments and other property or proceeds from time to time received, receivable or otherwise distributed in respect of or in exchange for any or all of such additional interest, securities, warrants, options or other rights; and (v) to the extent not covered by clauses (i) through (iv) above, all proceeds of any or all of the foregoing collateral. For purposes of this Note, the term “proceeds” includes whatever is receivable or received when the collateral or proceeds are sold, exchanged, collected or otherwise disposed of, whether such disposition is voluntary or involuntary, and includes proceeds of any indemnity or guaranty payable to Guarantor, Maker or Payee from time to time with respect to any of the collateral. Upon the occurrence of an Event of Default and during the continuance thereof, Guarantor agrees to deliver to the Payee such other documents of transfer and to take such other actions as Payee may reasonably request to enable the Payee to transfer the Pledged Interests into its name. Guarantor agrees that so long as any Guaranteed Obligations remain outstanding, Guarantor will, unless Payee shall otherwise consent in writing, (i) at its expense, defend Payee’s security interest in and to the Pledged Interests against the claims of any Person; (ii) at its expense, at any time and from time to time, promptly execute and deliver all further instruments and documents and take all further action that may be reasonably necessary in order to (A) perfect and protect the security interest created or purported to be created hereby, (B) enable Payee to exercise and enforce its rights and remedies hereunder in respect of the Pledged Interests or (C) otherwise effect the purposes of this Note; (iii) not sell, assign, exchange or otherwise dispose of any of the Pledged Interests or any interest therein or create or suffer to exist any lien, security interest or other charge or encumbrance upon or with respect to any Pledged Interests except for the pledge hereunder and the security interest created hereby; and (iv) not make or consent to any amendment or other modification or waiver with respect to any Pledged Interests or enter into any agreement or permit to exist any restriction with respect to any Pledged Interests. During the term of this Note and for so long as the Pledged Interests are owned by Guarantor and no Event of Default shall have occurred and be continuing, Guarantor shall have the right to vote all securities constituting part of the Pledged Interests, and to exercise any other voting rights pertaining to such accounts or agreements Pledged Interests, and to give consents, ratifications and waivers with respect thereto, and to exercise all payments due or of Guarantor’s rights as an equity holder thereof for all purposes. Unless an Event of Default shall have occurred and be continuing, all distributions payable in respect of the Pledged Interests shall be paid to become due thereunderGuarantor. (c) All Maker and Guarantor authorize Payee to file such financing statements and amendments thereto, in all applicable jurisdictions, necessary to establish and maintain a valid, enforceable, perfected security interest in the Collateral as provided herein and the other rights and security contemplated hereby all in accordance with the Uniform Commercial Code of Borrower’s equipment the State of Delaware as in effect from time to time (or of any other applicable jurisdiction where such filings are made to the extent that they control) (the “UCC”). Each of Maker and machineryGuarantor hereby authorizes Payee, and hereby grants a power-of-attorney to Payee (which is irrevocable and is coupled with an interest), to execute in the name and on behalf of Maker or Guarantor any and all accessions financing statements, instruments, agreements or documents that Payee deems necessary or appropriate in order to perfect Payee’s security interest in the Collateral. If the equity interests of Maker are certificated, simultaneously with the execution and attachments thereto delivery of this Note (or in the event that after the date of this Note, the equity interests of Maker become certificated, then upon issuance of each such certificate), Guarantor shall deliver to Payee its original certificate for such equity interests, along with an equity transfer form in blank duly executed by Guarantor and replacements in form and substitutions therefore substance reasonably acceptable to Payee, to be held by Payee or its designee so long as any obligations are due and owing under this Note. (d) At any time and from time to time, Maker shall take such steps as Payee may reasonably request for Maker (i) to obtain an acknowledgment, in form and substance reasonably satisfactory to Payee, of any bailee having possession of any of the Equipment). Borrower Collateral, that such bailee holds such Collateral for Payee, (ii) to obtain control of any investment property, deposit accounts, letter-of-credit rights or electronic chattel paper (as such terms are defined in Article 9 of the UCC) as set forth in Article 9 of the UCC, and, where control is established by written agreement, such agreement shall not remove be in form and substance reasonably satisfactory to Payee, and (iii) otherwise to insure the continued perfection of Payee’s security interest in any of the Collateral from locations disclosed in this Agreement, nor sell, convey or encumber said Collateral, provided, however, that Borrower may sell said Collateral or any part thereof if, and only if: (i) the proceeds of such sale are made payable jointly to Lender and Borrower if requested by Xxxxxx, it being specifically understood and agreed that all Obligations secured by the Collateral to the extent of the sale price shall be due and payable at the time preservation of such sale; and (ii) Borrower sells the Collateral only to buyers listed on the Credit Application if required pursuant to the terms of Subsection 2(c) belowits rights therein.