0000950137-05-000051 Sample Contracts

AMENDED AND RESTATED MORTGAGE NOTE
Mortgage Note • January 4th, 2005 • Electric City Corp • Electronic & other electrical equipment (no computer equip)

WHEREAS, the undersigned, ELECTRIC CITY CORP., a Delaware corporation, and GREAT LAKES CONTROLLED ENERGY CORPORATION, a Delaware corporation (collectively, “Borrowers” individually, a “Borrower”), have executed and delivered to the order AMERICAN CHARTERED BANK, an Illinois state banking association (“Bank”), a Mortgage Note dated September 30, 2003, in the original principal amount of $640,000.00 with a principal balance of $598,000 now outstanding (the “Prior Note”); and

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SECOND AMENDED AND RESTATED MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, AND SECURITY AGREEMENT
And Security Agreement • January 4th, 2005 • Electric City Corp • Electronic & other electrical equipment (no computer equip) • Illinois

THIS MORTGAGE is made as of the 31st day of December, 2004 by ELECTRIC CITY CORP., a Delaware corporation (“Mortgagor”) with a mailing address of 1280 Landmeier Road, Elk Grove Village, Illinois, 60007 and AMERICAN CHARTERED BANK, an Illinois state banking association, with a mailing address of 1119 East Higgins Road, Schaumburg, Illinois 60173, Attn: William D. Provan (“Bank”).

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