Common use of Collection Costs and Attorneys’ Fees Clause in Contracts

Collection Costs and Attorneys’ Fees. I agree to pay all costs of collection, replevin or any other or similar type of cost if I am in default. In addition, if you hire an attorney to collect this note, I also agree to pay any fee you incur with such attorney plus court costs (except where prohibited by law). To the extent permitted by the United States Bankruptcy Code, I also agree to pay the reasonable attorney’s fees and costs you incur to collect this debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. WAIVER: I give up my rights to require you to do certain things. I will not require you to: (1) demand payment of amounts due (presentment); (2) obtain official certification of nonpayment (protest); or (3) give notice that amounts due have not been paid (notice of dishonor). I waive any defenses I have based on suretyship or impairment of collateral. OBLIGATIONS INDEPENDENT: I understand that I must pay this note even if someone else has also agreed to pay it (by, for example, signing this form or a separate guarantee or endorsement). You may sue me alone, or anyone else who is obligated on this note, or any number of us together, to collect this note. You may do so without any notice that it has not been paid (notice of dishonor). You may without notice release any party to this agreement without releasing any other party. If you give up any of your rights, with or without notice, it will not affect my duty to pay this note. Any extension of new credit to any of us, or renewal of this note by all or less than all of us will not release me from my duty to pay it. (Of course, you are entitled to only one payment in full.) I agree that you may at your option extend this note or the debt represented by this note, or any portion of the note or debt, from time to time without limit or notice and for any term without affecting my liability for payment of the note. I will not assign my obligation under this agreement without your prior written approval.

Collection Costs and Attorneys’ Fees. I agree to pay all costs of collection, replevin or any other or similar type of cost if I am in default. In addition, if you hire an attorney to collect this note, I also agree to pay any fee you incur with such attorney plus court costs (except where prohibited by law). To the extent permitted by the United States Bankruptcy Code, I also agree to pay the reasonable attorney’s 's fees and costs you incur to collect this debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. .WAIVER: I give up my rights to require you to do certain things. I will not require you to: (1) demand payment of amounts due (presentment); (2) obtain official certification of nonpayment (protest); or (3) give notice that amounts due have not been paid (notice of dishonor). I waive any defenses I have based on suretyship or impairment of collateral. .OBLIGATIONS INDEPENDENT: I understand that I must pay this note even if someone else has also agreed to pay it (by, for example, signing this form or a separate guarantee or endorsement). You may sue me alone, or anyone else who is obligated on this note, or any number of us together, to collect this note. You may do so without any notice that it is has not been paid (notice of dishonor). You may without notice release any party to this agreement without releasing any other party. If you give up any of your rights, with or without notice, it will not affect my duty to pay this note. Any extension of new credit to any of us, or renewal of this note by all or less than all of us will not release me from my duty to pay it. (Of course, you are entitled to only one payment in full.) I agree that you may at your option extend this note or the debt represented by this note, or any portion of the note or debt, from time to time without limit or notice and for any term without affecting my liability for payment of the note. I will not assign my obligation under this agreement without your prior written approvalaxxxxxxx.XXXXXXXXX INFORMATION: I agree to provide you, upon request, any financial statement or information you may deem necessary. I warrant that the financial statements and information I provide to you are or will be accurate, correct and complete.NOTICE: Unless otherwise required by law, any notice to me shall be given by delivering it or by mailing it by first class mail addressed to me at my last known address. My current address is on page 1. I agree to inform you in writing of any change in my address. I will give any notice to you by mailing it first class to your address stated on page 1 of this agreement, or to any other address that you have designated. DATE OF TRANSACTION PRINCIPAL ADVANCE BXXXXXXX'S INITIALS (not required) PRINCIPAL PAYMENTS PRINCIPAL BALANCE INTEREST RATE INTEREST PAYMENTS INTEREST PAID THROUGH $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ BORROWER NAME AND ADDRESS HEARTLAND FINANCIAL USA INC.1000 XXXXXXX XXXXXXXXXXXXX, XXXX 00000-0078 LENDER NAME AND ADDRESS VALLEY BANK3455 AVENUE OF THE CITIESMOLINE, IL 81285 LOAN DESCRIPTION Number 538008 _______________________Amount $ 5,000,000.00___________________Date 11-12-2010_________________________ £ Refer to the amended Signature Addendum, incorporated herein, for additional Borrowers and their signatures. COMMERICAL LOAN AGREEMENT LOAN STRUCTURE. This Commercial Loan Agreement (Agreement) contemplates £ a single advance term Loan £ a multiple advance draw Loan S a revolving multiple advance draw Loan. The principal balance will not exceed $ 5,000,000.00 . Borrower will pay down a revolving draw Loan's outstanding Principal to $________________ (Pay Down Balance) __________________ (Time Period). This Loan is for £ agricultural S business purposes. S Borrower may not voluntarily prepay the Loan in full at any time. £ Borrower may prepay the Loan under the following terms and conditions (Any partial prepayment will not excuse any later scheduled payments until the Loan is paid in full.):

Collection Costs and Attorneys’ Fees. I agree to pay all costs of collection, replevin or any other or similar type of cost if I am in default. In addition, if you hire an attorney to collect this note, I also agree to pay any fee you incur with such attorney plus court costs (except where prohibited by law). To the extent permitted by the United States Bankruptcy Code, I also agree to pay the reasonable attorney’s 's fees and costs you incur to collect this debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. WAIVER: I give up my rights to require you to do certain things. I will not require you to: (1) demand payment of amounts due (presentment); (2) obtain official certification of nonpayment (protest); or (3) give notice that amounts due have not been paid (notice of dishonor). I waive any defenses I have based on suretyship or impairment of collateral. OBLIGATIONS INDEPENDENT: I understand that I must pay this note even if someone else has also agreed to pay it (by, for example, signing this form or a separate guarantee or endorsement). You may sue me alone, or anyone else who is obligated on this note, or any number of us together, to collect this note. You may do so without any notice that it has not been paid (notice of dishonor). You may without notice release any party to this agreement without releasing any other party. If you give up any of your rights, with or without notice, it will not affect my duty to pay this note. Any extension of new credit to any of us, or renewal of this note by all or less than all of us will not release me from my duty to pay it. (Of course, you are entitled to only one payment in full.) I agree that you may at your option extend this note or the debt represented by this note, or any portion of the note or debt, from time to time without limit or notice and for any term without affecting my liability for payment of the note. I will not assign my obligation under this agreement without your prior written approval., FINANCIAL INFORMATION: I agree to provide you, upon request, any financial statement or information you may deem necessary. I warrant that the financial statements and information I provide to you are or will be accurate, correct and complete. NOTICE: Unless otherwise required by law, any notice to me shall be given by delivering it or by mailing it by first class mail addressed to me at my last known address. My current address is on page 1. I agree to inform you in writing of any change in my address. I will give any notice to you by mailing it first class to your address stated on page 1 of this agreement, or to any other address that you have designated. CONFESSION OF JUDGMENT: In addition to your remedies listed herein, I authorize any attorney to appear in a court of record and confess judgment, without process, against me, in favor of you, for any sum unpaid and due on this note, together with costs of suit. DATE OF TRANSACTION PRINCIPAL ADVANCE XXXXXXXX'S INITIALS (not required) PRINCIPAL PAYMENTS PRINCIPAL BALANCE INTEREST RATE INTEREST PAYMENTS INTEREST PAID THROUGH: $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ ATTACHED TO AND MADE A PART OF PROMISSORY NOTE DATED 02/25/2010 FOR FFD FINANCIAL CORPORATION, LN#00-00-000000. COVENANTS FINANCIAL COVENANTS [X] Receipt and Review of [ ] Monthly [ ] Quarterly [ ] Semi Annual [X] Annual Financial Statement- within 30 days [ ] Internal Financial Statement [ ] Complied [ ] Reviewed [ ] Audited [ ] Annual Federal Corporate Tax Returns - Signed and Dated - All schedules and K-1 are to be included within 15 days [ ] Annual Federal Personal Tax Return- Signed and Dated- All Schedules and K-1 are to be included within 15 days [ ] Annual Personal Financial Statement - Signed and Dated - Due no later than April 30 of each year

Collection Costs and Attorneys’ Fees. I agree to pay all costs of collection, replevin or any other or similar type of cost if I am in default. In addition, if you hire an attorney to collect this noteNote, I also agree to pay any fee you incur with such attorney plus court costs (except where prohibited by law). To the extent permitted by the United States Bankruptcy Code, . I also agree to pay the reasonable attorney’s fees and costs you incur to collect this debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. WAIVER: WAIVER – I give up my rights to require you to do certain things. I will not require you to: (1) demand Demand payment of amounts due (presentment); (2) obtain Obtain official certification of nonpayment (protest); or (3) give Give notice that amounts due have not been paid (notice of dishonor); (4) Give notice of intent to accelerate; or (5) Give notice of acceleration. I waive any defenses I have based on suretyship or impairment of collateral. OBLIGATIONS INDEPENDENT: INDEPENDENT – I understand that I must pay this note Note even if someone else has also agreed to pay it (by, for example, signing this form or a separate guarantee or endorsement). You may sue me sux xe alone, or anyone else who is obligated on this noteNote, or any number of us together, to collect this note. You may do so without any notice that it has not been paid (notice of dishonor)Note. You may without notice notice, release any party to this agreement Agreement without releasing any other party. If you give up any of your rights, with or without notice, it will not affect my duty to pay this noteNote. Any person who signs within this box does so to giver you a security interest in the Property described on page 1 and this page. This person does not promise to pay the Note. “I” as used in this Security Agreement will include the borrower and any person who signs within this box. Date: ___________________ Signed: _________________________________ Any extension of new credit to any of us, or renewal of this note Note by all or less than all of us will not release me from my duty to pay it. (Of course, you are entitled to only one payment in full.) I agree that you may may, at your option extend this note Note or the debt represented by this noteNote, or any portion of the note Note or debt, from time to time without limit or to notice and for any term without affecting my liability for payment of the noteNote. I will not assign my obligation under this agreement without your prior written approval.. FINANCIAL INFORMATION – I agree to provide you, upon request, any financial statement or information you may deem necessary. I warrant that the financial statements and information I provide to you are or will be accurate, correct and complete. THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT, ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE AND SECURITY AGREEMENT (INCLUDING THOSE ON PAGES 1, 2, AND 3). I have received a copy of this Note and Security Agreement on today’s date. ENERGYTEC, INC. ENERGYTEC, INC. DOX XXXXXXX, PRESIDENT DOXXXXXX XREMPEIN, VICE PRESIDENT SIGNATURE FOR LENDER SIGNATURE FOR LENDER REXXXXX XXXXXX, PRESIDENT

Collection Costs and Attorneys’ Fees. I agree to pay all costs of collection, replevin or any other or similar type of cost if I am in default. In addition, if you hire an attorney to collect this note, I also agree to pay any fee you incur with such attorney plus court costs (except where prohibited by law). To the extent permitted by the United States Bankruptcy Code, I also agree to pay the reasonable attorney’s 's fees and costs you incur to collect this debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. WAIVER: I give up my rights to require you to do certain things. I will not require you to: (1) demand payment of amounts due (presentment); (2) obtain official certification of nonpayment (protest); or (3) give notice that amounts due have not been paid (notice of dishonor). I waive any defenses I have based on suretyship or impairment of collateral. OBLIGATIONS INDEPENDENT: I understand that I must pay this note even if someone else has also agreed to pay it (by, for example, signing this form or a separate guarantee or endorsement). You may sue me alone, or anyone else who is obligated on this note, or any number of us together, to collect this note. You may do so without any notice that it has not been paid (notice of dishonor). You may without notice release any party to this agreement without releasing any other party. If you give up any of your rights, with or without notice, it will not affect my duty to pay this note. Any extension of new credit to any of us, or renewal of this note by all or less than all of us will not release me from my duty to pay it. (Of course, you are entitled to only one payment in full.) I agree that you may at your option extend this note or the debt represented by this note, or any portion of the note or debt, from time to time without limit or notice and for any term without affecting my liability for payment of the note. I will not assign my obligation under this agreement without your prior written approval.. FINANCIAL INFORMATION: I agree to provide you, upon request, any financial statement or information you may deem necessary. I warrant that the financial statements and information I provide to you are or will be accurate, correct and complete. NOTICE: Unless otherwise required by law, any notice to me shall be given by delivering it or by mailing it by first class mail addressed to me at my last known address. My current address is on page 1. I agree to inform you in writing of any change in my address. I will give any notice to you by mailing it first class to your address stated on page 1 of this agreement, or to any other address that you have designated. CREDIT AGREEMENT: A "credit agreement" under Iowa Code §535.17 means any contract made or acquired by a lender to loan money or extend credit for any purpose. A "credit agreement" does not mean a contract to extend credit by means of a credit card, or open end credit, or a home equity line of credit. This note is not subject to Iowa Code § 535.17 if it is a "credit agreement" made primarily for a personal, family, or household purpose where the credit extended is twenty thousand dollars or less. DATE OF TRANSACTION PRINCIPAL ADVANCE XXXXXXXX'S INITIALS (not required) PRINCIPAL PAYMENTS PRINCIPAL BALANCE INTEREST RATE INTEREST PAYMENTS INTEREST PAID THROUGH $ $ $ % $ $ $ $ % $ $ $ $ % $ $ $ $ % $