0000950137-03-005916 Sample Contracts

MORTGAGE NOTE
Electric City Corp • November 13th, 2003 • Electronic & other electrical equipment (no computer equip)

FOR VALUE RECEIVED, the undersigned, ELECTRIC CITY CORP., a Delaware corporation, and GREAT LAKES CONTROLLED ENERGY CORPORATION, a Delaware corporation (collectively, “Borrowers”) hereby promise to pay to the order of AMERICAN CHARTERED BANK, an Illinois state banking association (“Bank”), in immediately available funds, on February 1, 2005, or such earlier maturity date as provided for herein, the principal sum of $640,000.00 (the “Loan”), as follows:

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ASSIGNMENT OF LEASES AND RENTS
Electric City Corp • November 13th, 2003 • Electronic & other electrical equipment (no computer equip)

This ASSIGNMENT OF LEASES AND RENTS (“Assignment”) is made as of the 30th day of September, 2003, by and between Electric City Corp., a Delaware corporation (“Assignor”) to American Chartered Bank, an Illinois banking association (“Assignee”). Assignor is the sole owner of the real property and improvements commonly known as 1280 Landmeier Road, Elk Grove Village, Illinois and legally described on Exhibit A, attached hereto and by this reference made a part hereof (the “Premises”).

AMENDED AND RESTATED MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, AND SECURITY AGREEMENT
Security Agreement • November 13th, 2003 • Electric City Corp • Electronic & other electrical equipment (no computer equip) • Illinois

THIS MORTGAGE is made as of the 30th day of September, 2003 by ELECTRIC CITY CORP., a Delaware corporation (“Mortgagor”) with a mailing address of 1280 Landmeier Road, Elk Grove Village, Illinois, 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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