0001144204-11-021790 Sample Contracts

TERM NOTE (CONVERTED LOAN)
Term Note (Converted Loan) • April 13th, 2011 • Banyan Rail Services Inc. • Real estate investment trusts • Ohio

FOR VALUE RECEIVED, The Wood Energy Group, Inc., a Missouri corporation (the “Maker”) promises to pay to the order of Fifth Third Bank , an Ohio banking corporation (“Bank”) at its offices at 222 South Riverside Plaza, 32nd Floor, Chicago, Illinois 60606 or at such other place as the holder of this Note may designate in writing to the Maker, on or before September 3, 2014, the principal sum of Seven Hundred Twenty Thousand Seven Hundred Thirty Nine and No/100 Dollars ($720,739.00). This Note represents a term loan made to the Maker by the Bank pursuant 10, and is governed by, a certain Loan and Security Agreement made by and between the Maker and the Bank dared as of September 4, 2009, as amended on May 21, 2010 and April 7,2011, as the same may be further amended from time to time (the “Loan Agreement”), the terms of which are incorporated by reference and made a part of this Note as though fully set out herein. Capitalized terms used and not otherwise defined herein shall have the me

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SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • April 13th, 2011 • Banyan Rail Services Inc. • Real estate investment trusts

THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (the “Amendment”) is dated and effective as of April 7, 2011, by and among The Wood Energy Group, Inc., a Missouri corporation (the “Borrower”), whose address is 2255 Glades Road, Suite 342-W, Boca Raton, Florida 33431, and FIFTH THIRD BANK, an Ohio banking corporation, whose address is 222 South Riverside Plaza, 32nd Floor, Chicago, Illinois, 60606 (the “Bank”).

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