MORTGAGE

Exhibit 10.9

Space Above This Line For Recording Data

This instrument was prepared by Note Custodian, CENTRUE BANK, 000 X XXXX XX, XXXXXX, Xxxxxxxx 00000-0000

When recorded return to Note Custodian, CENTRUE BANK, 000 X XXXX XX, XXXXXX, Xxxxxxxx 00000-0000

DATE AND PARTIES. The date of this Mortgage (Security Instrument) is January 9, 2007. The parties and their addresses are:

MORTGAGOR:

NOVA BIOFUELS SENECA LLC
A Delaware Limited Liability Company
0000 XXXXX XXXXXXX XXXXX 000
XXXXXXX, Xxxxx 00000

LENDER:

CENTRUE BANK
Organized and existing under the laws of Illinois
000 X. Xxxx Xx.
Xxxxxxxx, Xxxxxxxx 00000

1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Xxxxxxxxx’s performance under this Security Instrument, Mortgagor grants, bargains, sells, conveys, mortgages and warrants to Lender, the following described property:

LOT 1 IN SHIPYARD INDUSTRIAL PARK, BEING A SUBDIVISION OF PART OF THE EAST FRACTIONAL HALF OF SECTION 25, TOWNSHIP 33 NORTH, RANGE 5 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 30, TOWNSHIP 33 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED IN LASALLE COUNTY ON 9 NOVEMBER 2006 AS DOCUMENT 2006-29449 AND RECORDED IN GRUNDY COUNTY ON 8 NOVEMBER 2006 AS DOCUMENT 471016;

SITUATED IN LASALLE AND GRUNDY COUNTIES, ILLINOIS.

PIN NO.

00-00-000-000

The property is located in LASALLE & GRUNDY County at XXX 0 XX XXXXXXXX XXXXXXXXXX XXXX, XXXXXX Xxxxxxxx.

Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, xxxxx, ditches and water stock, crops, timber, all diversion payments or third party payments made to crop producers and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Xxxxxx.

2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time will not exceed $2,520,000.00. This limitation of amount does not include interest, attorneys’ fees and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Xxxxxx’s security and to perform any of the covenants contained in this Security Instrument.

3. SECURED DEBTS. The term “Secured Debts” includes and this Security Instrument will secure each of the following:

A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 811006538, dated January 9, 2007, from Mortgagor to Lender, with a loan amount of $2,520,000.00, with an interest rate of 8.25 percent per year and maturing on January 9, 2010.

B. All Debts. All present and future debts from Mortgagor to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. In the event that Xxxxxx fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Mortgagor’s principal dwelling that is created by this Security Instrument. This Security Instrument will not secure any debt for which a non-possessory, non-purchase money security interest is created in “household goods” in connection with a “consumer loan,” as those terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in “margin stock” and Lender does not obtain a “statement of purpose,” as defined and required by federal law governing securities.

C. Sums Advanced. All sums advanced and expenses incurred by Xxxxxx under the terms of this Security Instrument.

4. PAYMENTS. Xxxxxxxxx agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument.

5. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Xxxxxxxxx agrees:

A. To make all payments when due and to perform or comply with all covenants.

B. To promptly deliver to Lender any notices that Xxxxxxxxx receives from the holder.

C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Xxxxxx’s prior written consent.

6. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor’s payment. Xxxxxxxxx will defend title to the Property against any claims that would impair the lien of this Security Instrument. Xxxxxxxxx agrees to assign to Xxxxxx, as requested by Xxxxxx, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property.

7. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. Xxxxxx acknowledges that Borrower may be funding construction improvements to the property. This construction will not trigger this clause unless liens of record are filed.

8. TRANSFER OF AN INTEREST IN THE MORTGAGOR. Other than as a result of efforts to maintain or increase capital, Lender may demand immediate payment if:

A. A beneficial interest in Mortgagor is sold or transferred.

B. There is a change in either the identity or number of members of a partnership or similar entity.

C. There is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity.

However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Security Instrument.

9. WARRANTIES AND REPRESENTATIONS. Xxxxxxxxx makes to Lender the following warranties and representations which will continue as long as this Security Instrument is in effect:

A. Power. Mortgagor is duly organized, and validly existing and in good standing in all jurisdictions in which Mortgagor operates. Xxxxxxxxx has the power and authority to enter into this transaction and to carry on Mortgagor’s business or activity as it is now being conducted and, as applicable, is qualified to do so in each jurisdiction in which Mortgagor operates.

B. Authority. The execution, delivery and performance of this Security Instrument and the obligation evidenced by this Security Instrument are within Mortgagor’s powers, have been duly authorized, have received all necessary governmental approval, will not violate any provision of law, or order of court or governmental agency, and will not violate any agreement to which Mortgagor is a party or to which Mortgagor is or any of Mortgagor’s property is subject.

C. Name and Place of Business. Other than previously disclosed in writing to Lender, Xxxxxxxxx has not changed Xxxxxxxxx’s name or principal place of business within the last 10 years and has not used any other trade or fictitious name. Without Xxxxxx’s prior written consent, Xxxxxxxxx does not and will not use any other name and will preserve Mortgagor’s existing name, trade names and franchises.

10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor will not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Xxxxxxxxx agrees that the nature of the occupancy and use will not substantially change without Xxxxxx’s prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Xxxxxx’s prior written consent. Xxxxxxxxx will notify Xxxxxx of all demands, proceedings, claims, and actions against Xxxxxxxxx, and of any loss or damage to the Property.

No portion of the Property will be removed, demolished or materially altered without Xxxxxx’s prior written consent except that Xxxxxxxxx has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Mortgagor will not partition or subdivide the Property without Xxxxxx’s prior written consent.

Lender or Xxxxxx’s agents may, at Xxxxxx’s option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender will give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property will be entirely for Xxxxxx’s benefit and Mortgagor will in no way rely on Xxxxxx’s inspection.

11. AUTHORITY TO PERFORM. If Xxxxxxxxx fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Xxxxxxxxx appoints Xxxxxx as attorney in fact to sign Xxxxxxxxx’s name or pay any amount necessary for performance. Xxxxxx’s right to perform for Xxxxxxxxx will not create an obligation to perform, and Xxxxxx’s failure to perform will not preclude Lender from exercising any of Lender’s other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Xxxxxx’s security interest in the Property, including completion of the construction.

12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor assigns, grants, bargains, conveys, mortgages and warrants to Lender as additional security all the right, title and interest in the following (Property).

A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including but not limited to any extensions, renewals, modifications or replacements (Leases).

B. Rents, issues and profits, including but not limited to security deposits, minimum rents, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, “loss of rents” insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Mortgagor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property (Rents).

In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Mortgagor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Mortgagor will not collect in advance any Rents due in future lease periods, unless Xxxxxxxxx first obtains Lender’s written consent. Upon default, Mortgagor will receive any Rents in trust for Lender and Xxxxxxxxx will not commingle the Rents with any other funds. When Lender so directs, Xxxxxxxxx will endorse and deliver any payments of Rents from the Property to Lender. Xxxxxxx collected will be applied at Xxxxxx’s discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, and other necessary expenses. Xxxxxxxxx agrees that this Security Instrument is immediately effective between Xxxxxxxxx and Lender and effective as to third parties on the recording of this Assignment. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Mortgagor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Mortgagor or any party to the Lease defaults or fails to observe any applicable law, Mortgagor will promptly notify Lender. If Xxxxxxxxx neglects or refuses to

enforce compliance with the terms of the Leases, then Lender may, at Lender’s option, enforce compliance. Mortgagor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Xxxxxx’s consent. Mortgagor will not assign, compromise, subordinate or encumber the Leases and Rents without Xxxxxx’s prior written consent. Lender does not assume or become liable for the Property’s maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender’s gross negligence or intentional torts. Otherwise, Xxxxxxxxx will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases.

13. DEFAULT. Mortgagor will be in default if any of the following occur:

A. Payments. Xxxxxxxxx fails to make a payment in full when due.

B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against Mortgagor, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or any other obligations Borrower has with Lender.

C. Business Termination. Mortgagor merges, dissolves, reorganizes, ends its business or existence, or a partner or majority owner dies or is declared legally incompetent.

D. Failure to Perform. Xxxxxxxxx fails to perform any material condition or to keep any material promise or covenant of this Security Instrument.

E. Other Documents. A material default occurs under the terms of any other document relating to the Secured Debts.

F. Other Agreements. Mortgagor is in material default on any other debt or agreement Mortgagor has with Lender.

G. Misrepresentation. Mortgagor makes any verbal or written statement or provides any financial information that is materially untrue, inaccurate, or conceals a material fact at the time it is made or provided.

H. Judgment. Xxxxxxxxx fails to satisfy or appeal any judgment against Xxxxxxxxx.

I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority.

J. Name Change. Mortgagor changes Xxxxxxxxx’s name or assumes an additional name without notifying Lender before making such a change.

K. Property Transfer. Mortgagor transfers all or a substantial part of Xxxxxxxxx’s money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section.

L. Property Value. Lender determines in good faith that the value of the Property has materially declined or is impaired.

M. Material Change. Without first notifying Lender, there is a material change in Mortgagor’s business, including ownership, management, and financial conditions.

N. ~~Insecurity.~~ Lender determines in good faith that a material adverse change has occurred in Mortgagor’s financial condition from the conditions set forth in Mortgagor’s most recent financial statement before the date of this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired for any reason.

Other than payment defaults, the aforementioned defaults will not be considered to be a material default unless they continue for 30 days after Xxxxxx has notified Borrower of said default. Making payments within the 10 day Grace Period provided in the Note will not be considered a default.

14. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or federal law or in any document relating to the Secured Debts. Any amounts advanced on Xxxxxxxxx’s behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Mortgagor’s default.

Subject to any right to cure, required time schedules or any other notice rights Mortgagor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or anytime thereafter.

Upon default, Xxxxxx will have the right, without declaring the whole indebtedness due and payable, to foreclose against all or any part of the Property and will have the right to possession provided by law. This Security Instrument will continue as a lien on any part of the Property not sold on foreclosure.

All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender’s right to require full and complete cure of any existing default. By not exercising any remedy, Xxxxxx does not waive Lender’s right to later consider the event a default if it continues or happens again.

15. COLLECTION EXPENSES AND ATTORNEYS’ FEES. On or after Default, to the extent permitted by law, Xxxxxxxxx agrees to pay all expenses of collection, enforcement or protection of Xxxxxx’s rights and remedies under this Security Instrument or any other document relating to the Secured Debts. Xxxxxxxxx agrees to pay expenses for Xxxxxx to inspect and preserve the Property and for any recordation costs of releasing the Property from this Security

Instrument. Expenses include all costs and disbursements, including reasonable attorneys’ fees and collection agency charges, incurred to collect or enforce this debt. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Xxxxxxxxx agrees to pay the reasonable attorneys’ fees incurred by Xxxxxx to protect Xxxxxx’s rights and interests in connection with any bankruptcy proceedings initiated by or against Xxxxxxxxx.

16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as “hazardous material,” “toxic substance,” “hazardous waste,” “hazardous substance,” or “regulated substance” under any Environmental Law.

Xxxxxxxxx represents, warrants and agrees that (except as disclosed in the Environmental Reports identified on Schedule A attached hereto):

A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law.

B. Except as previously disclosed and acknowledged in writing to Lender, Xxxxxxxxx has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property.

C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with Environmental Law.

D. Except as previously disclosed and acknowledged in writing to Lender, Xxxxxxxxx has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Xxxxxxxxx will immediately notify Xxxxxx in writing as soon as Xxxxxxxxx has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to

participate in any such proceeding including the right to receive copies of any documents relating to such proceedings.

E. Except as previously disclosed and acknowledged in writing to Lender, Xxxxxxxxx and every tenant have been, are and will remain in full compliance with any applicable Environmental Law.

F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open xxxxx located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing.

X. Xxxxxxxxx will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with.

X. Xxxxxxxxx will permit, or cause any tenant to permit, Lender or Xxxxxx’s agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law.

I. Upon lender’s request and at any time, Xxxxxxxxx agrees, at Xxxxxxxxx’s expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Xxxxxx’s approval.

X. Xxxxxx has the right, but not the obligation, to perform any of Mortgagor’s obligations under this section at Mortgagor’s expense.

K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Lender and Xxxxxx’s successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys’ fees, which Lender and Xxxxxx’s successors or assigns may sustain; and (2) at Lender’s discretion, Xxxxxx may release this Security Instrument and in return Mortgagor will provide lender with collateral of at least equal value to the Property without prejudice to any lender’s rights under this Security Instrument.

K. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived.

17. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Xxxxxxxxx authorizes Xxxxxx to intervene in Xxxxxxxxx’s name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document.

18. INSURANCE. Xxxxxxxxx agrees to keep the Property insured against the risks reasonably associated with the Property. Mortgagor will maintain this insurance in the amounts Lender requires. This insurance will last until the Property is released from this Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts. Mortgagor may choose the insurance company, subject to Lender’s approval, which will not be unreasonably withheld.

All insurance policies and renewals will include a standard “mortgage clause” and, where applicable, “loss payee clause.” If required by Xxxxxx, Xxxxxxxxx agrees to maintain comprehensive general liability insurance and rental loss or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive general liability insurance must name Xxxxxx as an additional insured. The rental loss or business interruption insurance must be in an amount equal to at least coverage of one year’s debt service, and required escrow account deposits (if agreed to separately in writing).

Mortgagor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender’s option. If Xxxxxx acquires the Property in damaged condition, Xxxxxxxxx’s rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts.

Mortgagor will immediately notify Lender of cancellation or termination of insurance. If Xxxxxxxxx fails to keep the Property insured, Lender may obtain insurance to protect Xxxxxx’s interest in the Property and Mortgagor will pay for the insurance on Xxxxxx’s demand. Lender may demand that Mortgagor pay for the insurance all at once, or Lender may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts. This insurance may include coverages not originally required of Mortgagor, may be written by a company other than one Xxxxxxxxx would choose, and may be written at a higher rate than Mortgagor could obtain if Mortgagor purchased the insurance. Xxxxxxxxx acknowledges and agrees that Lender or one of Xxxxxx’s affiliates may receive commissions on the purchase of this insurance.

19. ESCROW FOR TAXES AND INSURANCE. Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow.

20. CO-SIGNERS. If Mortgagor signs this Security Instrument but is not otherwise obligated to pay the Secured Debts, Xxxxxxxxx does so only to mortgage Mortgagor’s interest in

the Property to secure payment of the Secured Debts and Xxxxxxxxx does not agree by signing this Security Instrument to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Xxxxxx and Xxxxxxxxx, Xxxxxxxxx agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws.

21. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all homestead exemption, redemption, reinstatement and appraisement rights relating to the Property.

22. FIXTURE FILING. Xxxxxxxxx gives to Lender a security interest in all goods that Xxxxxxxxx owns now or in the future and that are or will become fixtures related to the Property.

23. PERSONAL PROPERTY. Mortgagor gives to Lender a security interest in all personal property located on or connected with the Property, including all farm products, inventory, equipment, accounts, documents, instruments, chattel paper, general intangibles, and all other items of personal property Mortgagor owns now or in the future and that are used or useful in the construction, ownership, operation, management, or maintenance of the Property (all of which shall also be included in the term Property). The term “personal property” specifically excludes that property described as “household goods” secured in connection with a “consumer” loan as those terms are defined in applicable federal regulations governing unfair and deceptive credit practices.

24. APPLICABLE LAW. This Security Instrument is governed by the laws of Illinois, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law.

25. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Mortgagor’s obligations under this Security Instrument are independent of the obligations of any other Mortgagor. Lender may sue each Mortgagor individually or together with any other Mortgagor. Lender may release any part of the Property and Mortgagor will still be obligated under this Security Instrument for the remaining Property. If this Security Instrument secures a guaranty between Xxxxxx and Xxxxxxxxx, Xxxxxxxxx agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Xxxxxxxxx agrees that Xxxxxx and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Xxxxxxxxx’s consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Xxxxxx and Xxxxxxxxx.

26. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing and executed by Xxxxxxxxx and Xxxxxx. This Security Instrument and any other documents relating to the Secured Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is

unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable.

27. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument.

28. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party’s address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Mortgagor will be deemed to be notice to all Mortgagors. Xxxxxxxxx will inform Xxxxxx in writing of any change in Mortgagor’s name, address or other application information. Mortgagor will provide Lender any financial statements or information Lender requests. All financial statements and information Xxxxxxxxx gives Xxxxxx will be correct and complete. Xxxxxxxxx agrees to pay all expenses, charges and taxes in connection with the preparation and recording of this Security Instrument. Xxxxxxxxx agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Xxxxxxxxx’s obligations under this Security Instrument and to confirm Xxxxxx’s lien status on any Property, and Xxxxxxxxx agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is of the essence.

SIGNATURES. By signing, Xxxxxxxxx agrees to the terms and covenants contained in this Security Instrument. Xxxxxxxxx also acknowledges receipt of a copy of this Security Instrument.

MORTGAGOR:

	NOVA BIOFUELS SENECA LLC,


By:		/s/ Xxxxxx Xxxx
		Xxxxxx Xxxx, Manager

ACKNOWLEDGMENT.

(Business or Entity)

OF , OF ss.

This instrument was acknowledged before me this day of , by Xxxxxx Xxxx - Manager of NOVA BIOFUELS SENECA LLC a Limited Liability Company on behalf of the Limited Liability Company.

My commission expires:


	(Notary Public)

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MORTGAGE

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