0000950137-05-014967 Sample Contracts

AMENDED AND RESTATED MORTGAGE NOTE
Mortgage Note • December 15th, 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 of AMERICAN CHARTERED BANK, an Illinois state banking association (“Bank”), an Amended and Restated Mortgage Note dated December 31, 2004, in the original principal amount of $598,000.00 (the “Prior Note”); and

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THIRD MODIFICATION TO MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, AND SECURITY AGREEMENT
, and Security Agreement • December 15th, 2005 • Electric City Corp • Electronic & other electrical equipment (no computer equip)

THIS THIRD MODIFICATION TO MORTGAGE, ASSIGNMENT OF LEASES, AND RENTS, AND SECURITY AGREEMENT (“Modification”) is made as of the 13th day of December, 2005, by ELECTRIC CITY CORP., a Delaware corporation (“Mortgagor”) and AMERICAN CHARTERED BANK, an Illinois banking association (together with its successors and assigns “Bank”).

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