Common use of SUCCESSOR INTERESTS Clause in Contracts

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer of the Collateral, this Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. 5 09-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 (CONTINUED) =============================================================================== WAIVER. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT, AND GRANTOR AGREES TO ITS TERMS. THIS AGREEMENT IS DATED SEPTEMBER 3, 1999. GRANTOR: PODS, INC. F/K/A PODS EQUITY, INC. SUCCESSOR IN INTEREST TO PODS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. Xxxxxxxx, Xxesident -------------------------------- Petex X. Xxxxxxxx, Xxesident

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer The terms of the Collateral, this Agreement Note shall be binding upon Xxxxxxxx, and upon Xxxxxxxx's heirs, personal representatives, successors and assigns, and shall inure to the benefit of the parties, their Lender and its successors and assigns. 5 09-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 PROMISSORY NOTE Loan No: 7657418442 (CONTINUEDContinued) =============================================================================== WAIVERPage 7 GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender shall not be deemed to have waived may delay or forgo enforcing any of its rights or remedies under this Agreement unless such waiver is given in writing Note without losing them. Borrower and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other rightperson who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment; and notice of dishonor. A waiver by Lender of a provision Upon any change in the terms of this Agreement Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall not prejudice be released from liability. All such parties agree that Lender may renew or constitute a waiver extend (repeatedly and for any length of Lendertime) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Xxxxxx's right otherwise to demand strict compliance with that provision or security interest in the collateral; and take any other provision of this Agreement. No prior waiver action deemed necessary by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever Xxxxxx without the consent of Lender or notice to anyone. All such parties also agree that Xxxxxx may modify this loan without the consent of or notice to anyone other than the party with whom the modification is required made. The obligations under this AgreementNote are joint and several. PRIOR TO SIGNING THIS NOTE, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENTNOTE, AND GRANTOR INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX AGREES TO ITS TERMSTHE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS AGREEMENT IS DATED SEPTEMBER 3, 1999. GRANTORPROMISSORY NOTE BORROWER: PODSROCKY MOUNTAIN CHOCOLATE FACTORY, INC. F/K/A PODS EQUITY, INC. SUCCESSOR IN INTEREST TO PODS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. Xxxxx Xxxxxxxx Xxxxx Xxxxxxxx, Xxesident -------------------------------- Petex X. Xxxxxxxx, XxesidentCFO/COO of Rocky Mountain

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer The terms of the Collateral, this Agreement Note shall be binding upon Borrower, and upon Borrower's heirx, xxxxxnal represexxxxxxxx, successors and assigns, and shall inure to the benefit of the parties, their Lender and its successors and assigns. 5 09-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 (CONTINUED) =============================================================================== WAIVERGENERAL PROVISIONS. Lender shall not be deemed to have waived may delay or forgo enforcing any of its rights or remedies under this Agreement unless such waiver is given in writing Note without losing them. Borrower and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other rightperson who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. A waiver Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the xxxxxxeral; and take any other action deemed necessary by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever without the consent of or nxxxxx to anyone. All such parties also agree that Lender may modify this loan withoux xxx consent of or notice to anyone other than the party with whom the modification is required made. The obligations under this AgreementNote are joint and several. PRIOR TO SIGNING THIS NOTE, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS TXX XXXXXSIONS OF THIS COMMERCIAL SECURITY AGREEMENTNOTE, AND GRANTOR INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO ITS TERMSTHE TERMS OF THX XXXX. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS AGREEMENT IS DATED SEPTEMBER 3, 1999PROMISSORY NOTE. GRANTORBORROWER: PODS, PEOPLES BANCORP INC. F/K/A PODS EQUITY, INC. SUCCESSOR IN INTEREST TO PODS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. XxxxxxxxRobert E. Evans -------------------------------------------------- Robert E. Evans, Xxesident -------------------------------- Petex X. XxxxxxxxPresident of Peopxxx Xxxxxxx Xxx. By: /s/ John W. Conlon ------------------------------------------------- John W. Conlon, XxesidentChief Financixx Xxxxxxx xx Peoples Bancorp Inc.

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer The terms of the Collateral, this Agreement Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of the parties, their Lender and its successors and assigns. 5 09-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 (CONTINUEDNOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) =============================================================================== WAIVERto a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: GATEWAY BANK & TRUST P. O. Box 129 RINGGOLD, GA 30730. XXXXXXX XXXXXXXXXX. Xx xxy part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender shall not be deemed to have waived may delay or forgo enforcing any of its rights or remedies under this Agreement Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising parties waive any right shall operate as a waiver of such right or to require Lender to take action against any other right. A waiver by party who signs this Note as provided in O.C.G.A. Section 10-7-24 and agree that Lender may renew or extend (repeatedly and for any length of a provision of time) this Agreement shall not prejudice loan or constitute a waiver of release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's right otherwise to demand strict compliance with that provision or security interest in the collateral; and take any other provision of this Agreement. No prior waiver action deemed necessary by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever Lander without the consent of or notice 1o anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is required made. The obligations under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required Note are joint and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT, AND GRANTOR AGREES TO ITS TERMSseveral. THIS AGREEMENT NOTE IS DATED SEPTEMBER 3, 1999GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTORBORROWER: PODSAMERICAN CONSUMERS, INC. F/K/A PODS EQUITYDBA SHOP RITE By: /s/ Michael A. Richardson (Xxxx) Xx: /x/ Paul R. Cook (Xxxx) -------------------------------------- ---------------------------------------- MICHAEL A. RICHARDSON, Presidxxx xx PAUL R. COOK, Chief Financial Xxxxxxx xx AMERICAN CONSUMERS, INC. SUCCESSOR IN INTEREST TO PODSDBA SHOP RITE AMERICAN CONSUMERS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. Xxxxxxxx, Xxesident -------------------------------- Petex X. Xxxxxxxx, XxesidentINC. DBA SHOP RITE

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer The terms of the Collateral, this Agreement Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of the parties, their Lender and its successors and assigns. 5 09NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: The Leaders Bank X.X. Xxx 0000 Xxx Xxxxx, XX 00000-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 (CONTINUED) =============================================================================== WAIVER0000 GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of preclude Lender's right to declare payment of this Note on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to demand strict compliance realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. ILLINOIS INSURANCE NOTICE. Unless Borrower provides Lender with evidence of the insurance coverage required by Borrower's agreement with Lender, Lender may purchase insurance at Borrower's expense to protect Lender's interests in the collateral. This insurance may, but need not, protect Borrower's interests. The coverage that provision Lender purchases may not pay any claim that Borrower makes or any other provision of this Agreementclaim that is made against Borrower in connection with the collateral. No prior waiver Borrower may later cancel any insurance purchased by Lender, nor but only after providing Lender with evidence that Borrower has obtained insurance as required by their agreement. If Lender purchases insurance for the collateral, Borrower will be responsible for the costs of that insurance, including interest and any course other charges Lender may impose in connection with the placement of dealing between Lender and Grantorthe insurance, shall constitute a waiver until the effective date of any the cancellation or expiration of Lender's rights or the insurance. The costs of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent insurance may be granted added to Borrower's total outstanding balance or withheld in obligation. The costs of the sole discretion insurance may be more than the cost of Lenderinsurance Borrower may be able to obtain on Borrower's own. GRANTOR ACKNOWLEDGES HAVING PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENTNOTE, AND GRANTOR INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO ITS TERMSTHE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS AGREEMENT IS DATED SEPTEMBER 3, 1999PROMISSORY NOTE. GRANTORBORROWER: PODSADVANCED LIFE SCIENCES, INC. F/K/A PODS EQUITY, INC. SUCCESSOR IN INTEREST TO PODS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex Xxxx X. XxxxxxxxXxxxxx ------------------------------------------ Xxxx X. Xxxxxx, Xxesident -------------------------------- Petex X. XxxxxxxxPresident of Advanced Life Sciences, XxesidentInc. [ILLEGIBLE] DISBURSEMENT REQUEST AND AUTHORIZATION Borrower: Advanced Life Sciences, Inc. Lender: THE LEADERS BANK 0000 Xxxxx Xxxxx 0000 XXXX XXXX, XXXXX 000 Xxxxxxxxx, XX 00000 XXX XXXXX, XX 00000 1000705 LOAN TYPE. This is a Variable Rate Nondisclosable Revolving Line of Credit Loan to a Corporation for $3,000,000.00 due on December 21, 2006. The reference rate (Leaders Bank Index Rate as periodically announced by The Leaders Bank, currently 5.250%) is added to the margin of 1.000%, resulting in an initial rate of 6.250. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: / / Personal, Family, or Household Purposes or Personal Investment. /X/ Business. SPECIFIC PURPOSE. The specific purpose of this loan is: working capital line of credit. REAL ESTATE DOCUMENTS. If any party to this transaction is granting a security interest in any real property to Lender and Advanced Life Sciences, Inc. is not also a party to the real estate document or documents (the "Real Estate Documents") granting such security interest, Borrower agrees to perform and comply with the Real Estate Documents just as if Borrower has signed as a direct and original party to the Real Estate Documents. This means Borrower agrees to all the representations and warranties made in the Real Estate Documents. In addition, Borrower agrees to perform and comply strictly with all the terms, obligations and covenants to be performed by either Borrower or any Grantor or Trustor, or both, as those words are defined in the Real Estate Documents. Lender need not tell Borrower about any action or inaction Lender takes in connection with the Real Estate Documents. Borrower assumes the responsibility for being and keeping informed about the property. Borrower also waives any defenses that may arise because of any action or inaction of Lender, including without limitation any failure of Lender to realize upon the property, or any delay by Lender in realizing upon the property. FLOOD INSURANCE. As reflected on Flood Map No. 170197 0065B dated 04-15-1982, for the community of DuPage County, some of the property that will secure the loan is not located in an area that has been identified by the Director of the Federal Emergency Management Agency as an area having special flood hazards. Therefore, although flood insurance may be available for the property, no special flood hazard insurance is required by law for this loan.

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer The terms of the Collateral, this Agreement Note shall be binding upon Borrower, and upon Borrower's heixx, xxxxonal represxxxxxxxxs, successors and assigns, and shall inure to the benefit of the parties, their Lender and its successors and assigns. 5 09-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 (CONTINUED) =============================================================================== WAIVERGENERAL PROVISIONS. Lender shall not be deemed to have waived may delay or forgo enforcing any of its rights or remedies under this Agreement Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising parties waive any right shall operate as a waiver of such right or to require Lender to take action against any other right. A waiver party who signs this Note as provided in O.C.G.A. Section 10-7-24 and agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the xxxxxteral; and take any other action deemed necessary by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan withoxx xxx consent of or notice to anyone other than the party with whom the modification is required made. The obligations under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required Note are joint and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT, AND GRANTOR AGREES TO ITS TERMSseveral. THIS AGREEMENT NOTE IS DATED SEPTEMBER 3, 1999GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTORBORROWER: PODSGEORGIA BANCSHARES, INC. F/K/A PODS EQUITY, INC. SUCCESSOR IN INTEREST TO PODS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. XxxxxxxxIra Pat Shepherd, Xxesident -------------------------------- Petex X. XxxxxxxxIII -------------------------------------------- Ira Pat Shepherd, XxesidentIII, President xx Xxxxxxx Bancshares, Inc. LENDER: THE BANKERS BANK By: /s/ Michelle M. Collins, Commercial Bxxxxxx Xxxxxxx --------------------------------------------------- Authorized Signer

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer of the Collateral, this Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. 5 09-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 (CONTINUED) =============================================================================== WAIVERWaiver. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Waiver of Co-obligor's Rights. If more than one person is obligated for the Indebtedness, Borrower irrevocably waives, disclaims and relinquishes all claims against such other person which Borrower has or would otherwise have by virtue of payment of the Indebtedness or any part thereof, specifically including but not limited to all rights of indemnity, contribution or exoneration. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT, AND GRANTOR AGREES TO ITS TERMS. THIS AGREEMENT IS DATED SEPTEMBER 3OCTOBER 26, 19991998. GRANTOR: PODS, U.S. LABORATORIES INC. F/K/A PODS EQUITY, INC. SUCCESSOR IN INTEREST TO PODS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. Xxxxxxxx/S/ Xxxxxxxxx Xxxxxx ---------------------------- XXXXXXXXX XXXXXX, Xxesident -------------------------------- Petex X. Xxxxxxxx, XxesidentPresident NORTH COUNTY BANK SUBORDINATION AGREEMENT

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer The terms of the Collateral, this Agreement Note shall be binding upon Xxxxxxxx, and upon Xxxxxxxx's heirs, personal representatives, successors and assigns, and shall inure to the benefit of the parties, their Lender and its successors and assigns. 5 09-13-1999 NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES.. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: ZIONS FIRST NATIONAL BANK, LOGAN COMMERCIAL SECURITY AGREEMENT PAGE 5 (CONTINUED) =============================================================================== WAIVERBANKING CENTER, 000 XXXXX XXXX XXXXXX, XXXXX, XX 00000 GENERAL PROVISIONS. Lender shall not be deemed to have waived may delay or forgo enforcing any of its rights or remedies under this Agreement unless such waiver is given in writing Note without losing them. Borrower and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other rightperson who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. A waiver by Lender of a provision Upon any change in the terms of this Agreement Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall not prejudice be released from liability. All such parties agree that Lender may renew or constitute a waiver extend (repeatedly and for any length of Lendertime) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Xxxxxx's right otherwise to demand strict compliance with that provision or security interest in the collateral; and take any other provision of this Agreement. No prior waiver action deemed necessary by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever Xxxxxx without the consent of Lender or notice to anyone. All such parties also agree that Xxxxxx may modify this loan without the consent of or notice to anyone other than the party with whom the modification is required made. The obligations under this AgreementNote are joint and several. PRIOR TO SIGNING THIS NOTE, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING XXXXXXXX READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENTNOTE, AND GRANTOR INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. XXXXXXXX AGREES TO ITS TERMSTHE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS AGREEMENT IS DATED SEPTEMBER 3, 1999PROMISSORY NOTE. GRANTORBORROWER: PODSNACO INDUSTRIES, INC. F/K/A PODS EQUITYBy: ----------------- W XXXXXXX XXXXXXX, President of NACO INDUSTRIES, INC. SUCCESSOR IN INTEREST TO PODS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. Xxxxxxxx, Xxesident -------------------------------- Petex X. Xxxxxxxx, Xxesident.

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer The terms of the Collateral, this Agreement Note shall be binding upon Borrower, and upon Borrower's hxxxx, xersonal repxxxxxxxxives, successors and assigns, and shall inure to the benefit of the parties, their Lender and its successors and assigns. 5 09GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties waive any right to require Lender to take action against any other party who signs this Note as provided in O.C.G.A. Section 10-137-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 24 and agree that Lender may renew or extend (CONTINUEDrepeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in thx xxxxateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan wxxxxxx the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: SOUTHEAST COMMUNITY INVESTORS, LLC By: /s/ Lloyd Gunter (SEAL) ---------------------------- Lloyd Gunter, President and CEO ox XXXXXXXXX COMMUNITY PROMISSORY NOTE Page 3 (continued) ================================================================================ WAIVER. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT, AND GRANTOR AGREES TO ITS TERMS. THIS AGREEMENT IS DATED SEPTEMBER 3, 1999. GRANTOR: PODS, INC. F/K/A PODS EQUITY, INC. SUCCESSOR IN INTEREST TO PODSINVESTORS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP ByLENDER: /s/ Petex X. Xxxxxxxx, Xxesident -------------------------------- Petex X. Xxxxxxxx, XxesidentTHE BANKERS BANK X___________________________ Authorized Signer

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer of the Collateral, The agreements in this Agreement Lease shall be binding upon on Owner and inure You and on those who succeed to the benefit interest of Owner or You by law, by approved assignment, sublet or by transfer. OWNER’S RULES – FORM PART OF THIS LEASE – SEE NEXT PAGE. TO CONFIRM OUR AGREEMENTS, OWNER AND YOU RESPECTIVELY SIGN THIS LEASE AS OF THE DAY AND YEAR FIRST WRITTEN ON PAGE 1. X Lessor- Print, Sign, & Date. X Tenant- Print, Sign, & Date. X Tenant- Print, Sign, & Date. X X GUARANTY To be filled in if required by Owner. The undersigned Guarantor guarantees to Owner the strict performance of and observance by Tenant of all the agreements, provisions and rules in the attached Lease. Guarantor agrees to waive all notices when Tenant is not paying rent or not observing and complying with all of the partiesprovisions of the attached Lease. Guarantor agrees to be equally liable with Tenant so that Owner may xxx Guarantor directly without first suing Tenant. The Guarantor further agrees that his guaranty shall remain in full effect even if the Lease is renewed, their successors and assigns. 5 09-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 (CONTINUED) =============================================================================== WAIVER. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay changed or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender extended in any instance shall not constitute continuing consent way and even if Owner has to subsequent instances where such consent is required make a claim against Guarantor. Owner and Guarantor agree to waive trial by jury in all cases such consent may be granted any action, proceeding or withheld in counterclaim brought against the sole discretion other on any matters concerning the attached Lease or the Guaranty. Date Guarantor #1 Signature x SS# Print Full Name Date of Lender. GRANTOR ACKNOWLEDGES HAVING READ ALL Birth Print Address Driver’s License # State Date Issued Date Expires Date Guarantor #2 Signature x SS# Print Full Name Date of Birth Print Address Driver’s License # State Date Issued Date Expires ATTACHED RULES WHICH ARE A PART OF THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT, AND GRANTOR AGREES TO ITS TERMS. THIS AGREEMENT IS DATED SEPTEMBER 3, 1999. GRANTOR: PODS, INC. F/K/A PODS EQUITY, INC. SUCCESSOR IN INTEREST TO PODS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST LEASE AS PROVIDED BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. Xxxxxxxx, Xxesident -------------------------------- Petex X. Xxxxxxxx, XxesidentARTICLE 11 Public Access Ways

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer The terms of the Collateral, this Agreement shall be binding on the Borrower, and upon Borrower’s heirs, personal representatives, successors, and inure to the benefit of the partiesassigns, their and shall be enforceable by Lender and its successors and assigns. 5 09-13-1999 COMMERCIAL SECURITY CHANGE IN TERMS AGREEMENT PAGE 5 (CONTINUEDContinued) =============================================================================== WAIVERMISCELLANEOUS PROVISIONS. This Agreement is payable on demand. The inclusion of specific default provisions or rights of Lender shall not be deemed preclude Lender’s right to have waived declare payment of this Agreement on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement unless such waiver is given in writing without losing them. Each Borrower understands and signed by Lender. No delay agrees that, with or omission without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the part indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in exercising its discretion may determine; (e) release, substitute, agree not to xxx, or deal with any right one or more of Borrower’s sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall operate as a waiver of such right or be made on any other rightindebtedness owing by such other Borrower. A waiver Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand far payment, protest and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender’s security interest in the collateral; and take any other action deemed necessary by Lender without the consent of a provision or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Agreement are joint and several. If any portion of this Agreement shall is for any reason determined to be unenforceable, it will not prejudice or constitute a waiver affect the enforceability of Lender's right otherwise to demand strict compliance with that provision or any other provision provisions of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT, AND GRANTOR AGREES TO ITS TERMS. THIS AGREEMENT IS DATED SEPTEMBER 3, 1999. GRANTOR: PODS, INC. F/K/A PODS EQUITY, INC. SUCCESSOR IN INTEREST TO PODS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. Xxxxxxxx, Xxesident -------------------------------- Petex X. Xxxxxxxx, Xxesident.

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer The terms of the Collateral, this Agreement Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, succxxxxxx xnd assigns, xxx xxxll inure to the benefit of the parties, their Lender and its successors and assigns. 5 09-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: Nevada State Bank, Corporate Lending Department, 750 E. Warm Springs Road, Las Vegas, NV 89119 GENERAL PROVISIONS. Xxxxxx xxx xxxxx xx xxxxx xxxxxxxxx xxx xx xxs rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note. PROMISSORY NOTE LOAN NO: 9001 (CONTINUED) PAGE 3 =============================================================================== WAIVERwhether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender shall not be deemed may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to have waived any rights under this Agreement unless such waiver is given realize upon or perfect Lender's security interest in writing the collateral; and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or take any other right. A waiver acxxxx xeemed necessary by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever without the consent of or notice to anyone. All such parties xxxx agree that Lender may modify this loan without the consent of or notice to anyxxx xxher than the party with whom the modification is required made. The obligations under this AgreementNote are joint and several. PRIOR TO SIGNING THIS NOTE, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENTNOTE, AND GRANTOR INCLUXXXX XXX VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO ITS TERMSTHE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES REXXXXX XX A COMPLETED COPY OF THIS AGREEMENT IS DATED SEPTEMBER 3, 1999PROMISSORY NOTE. GRANTORBORROWER: PODSREADY MIX, INC. F/K/A PODS EQUITYBY:_____________________________________________ ROBERT MORRIS, PRESIDENT OF READY MIX, INC. SUCCESSOR IN INTEREST TO PODS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. Xxxxxxxx, Xxesident -------------------------------- Petex X. Xxxxxxxx, Xxesident===============================================================================

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer The terms of the Collateral, this Agreement Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, succexxxxx xxd assigns, xxx xxxxl inure to the benefit of the parties, their Lender and its successors and assigns. 5 09-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 PROMISSORY NOTE (CONTINUED) =============================================================================== WAIVERNOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Lender shall not Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be deemed sent to have waived any us at the following address: Independent Bank West Michigan, 4200 E. Beltline NE, Grand Rapids, MI 49525. GENERAL PROVISIONS. Lexxxx xxx xxxxx xx xxxxx xxxxxxxxx xxx xx xxs rights or remedies under this Agreement unless such waiver is given in writing Note without losing them. Borrower and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other rightperson who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. A waiver Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other actxxx xxemed necessary by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever without the consent of or notice to anyone. All such parties xxxx xgree that Lender may modify this loan without the consent of or notice to anyoxx xxxer than the party with whom the modification is required made. The obligations under this AgreementNote are joint and several. PRIOR TO SIGNING THIS NOTE, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENTNOTE, AND GRANTOR INCLUDXXX XXX VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO ITS TERMSTHE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECXXXX XX A COMPLETED COPY OF THIS AGREEMENT IS DATED SEPTEMBER 3PROMISSORY NOTE. BORROWER: OCM DEVELOPMENT, 1999. GRANTOR: PODS, INC. F/K/A PODS EQUITY, INC. SUCCESSOR IN INTEREST TO PODS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. Xxxxxxxx, Xxesident -------------------------------- Petex X. Xxxxxxxx, XxesidentLLC

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer The terms of the Collateral, this Agreement Note shall be binding upon Borrower, and upon Borrower’s heirs, personal representatives, successors and assigns, and shall inure to the benefit of the parties, their Lender and its successors and assigns. 5 09-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 (CONTINUEDNOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us If we report any Inaccurate information about your account(s) =============================================================================== WAIVERto a consumer reporting agency. Your written notice describing the specific ineccurecy(ies) should be sent to us at the following address: COLORADO BUSINESS BANK ATTN: LOAN OPERATIONS 000 00XX XXXXXX XXXXXX, XX 00000. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender shall not be deemed to have waived may delay or forgo enforcing any of its rights or remedies under this Agreement unless such waiver is given in writing Note without losing them. Borrower and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other rightperson who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. A waiver Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender’s security Interest in the collateral; and take any other action deemed necessary by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is required made. The obligations under this AgreementNote are joint and several. Loan No: 582956 PROMISSORY NOTE (Continued) PRIOR TO SIGNING THIS NOTE, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENTNOTE, AND GRANTOR INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO ITS TERMSTHE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS AGREEMENT IS DATED SEPTEMBER 3, 1999PROMISSORY NOTE. GRANTORBORROWER: PODSADA-ES, INC. F/K/A PODS EQUITYBy: /s/ Xxxx X. XxXxxxxxx XXXX X. XxXXXXXXX, Chief Financial Officer of ADA-ES, INC. SUCCESSOR CHANGE IN INTEREST TERMS AGREEMENT Principal Loan Date Maturity Loan No call i con Account Officer Initials $ 6,600.000.00 08-22-2008 582956 106 Any item above containing “•’ •” has been omitted due to text length limitations. Borrower: ADA-ES, INC. Lender: COLORADO BUSINESS BANK 0000 XXXXXXXXX XX., XXXX X0 XXXXXXXXX XXXXXXXXX, XX 00000 0000 XXXXXX XX. XXXXXX, XX 00000 Principal Amount: $6,600,000.00 Date of Agreement: August 22, 2008 $4,000,000.00 WITH AN ORIGINAL MATURITY DATE OF PURE DEMAND AND INCLUDING ANY AND ALL SUBSEQUENT EXTENSIONS OR MODIFICATIONS THEREFROM. DESCRIPTION OF CHANGE IN TERMS. THE MATURITY DATE WILL REMAIN PURE DEMAND. THE PURPOSE OF THIS CHANGE IN TERMS IS TO PODSHEREBY INCREASE THE PRINCIPAL AMOUNT FROM $4,000,000.00 TO $6,600,000.00. ALL OTHER TERMS AND CONDITIONS WILL REMAIN THE SAME. PROMISE TO PAY. ADA-ES, LLC F/K/A PORTABLES ON DEMAND STORAGEINC. (“Borrower”) promises to pay to COLORADO BUSINESS BANK (“Lender”), LLC SUCCESSORor order. In lawful money of the United States of America, IN INTEREST BY MERGERon demand, TO ROPE DEVELOPMENTSthe principal amount of Six Million Six Hundred Thousand & 00/100 Dollars 1$6,600,000.00) or so much as may be outstanding, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. Xxxxxxxx, Xxesident -------------------------------- Petex X. Xxxxxxxx, Xxesidenttogether with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance.

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer The terms of the Collateral, this Agreement Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, xxccessors anx xxxxxxs, and shall inure to the benefit of the parties, their Lender and its successors and assigns. 5 09-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: Nevada State Bank, Corporate Lending Department, 750 E. Warm Springs Road, Las Vegas, NV 89119 GENERAL PRXXXXXXXX. Xxxxxx xxx xxxxx xx xxxxx xxxxxxxxx any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note. PROMISSORY NOTE LOAN NO: 9001 (CONTINUED) PAGE 2 ================================================================================ WAIVERreasonably practical. LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note xxx xll accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEY'S FEES; EXPENSES. Lender shall may hire or pay someone else to help collect this Note if Borrower does not be deemed pay. Borrower will pay Lender that amount. This includes, subject to have waived any rights limits under this Agreement unless such waiver applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or nox xxxxe is given a lawsuit, includixx xxxorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in writing and signed addition to all other suxx xxxxxded by law. GOVERNING LAW. THIS NOTE WILL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH FEDERAL LAW AND THE LAWS OF THE STATE OF NEVADA. THIS NOTE HAS BEEN ACCEPTED BY LENDER IN THE STATE OF NEVADA. CHOICE OF VENUE. If there is a lawsxxx, Xorrower agrees upon Lender's request to submit to the jurisdiction xx xxx courts of Claxx Xxxnty, State of Nevada. No delay or omission on the part of Lender in exercising any right shall operate as (Initial Here ) DISHONORXX XXEM FEE. Borrower will pay a waiver of such right or any other right. A waiver by fee to Lender of $20.00 if Borrower makes a provision of this Agreement shall not prejudice payment on Borrower's loan and the check or constitute a waiver of Lender's right otherwise to demand strict compliance preauthorized charge with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender which Borrower pays is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT, AND GRANTOR AGREES TO ITS TERMS. THIS AGREEMENT IS DATED SEPTEMBER 3, 1999. GRANTOR: PODS, INC. F/K/A PODS EQUITY, INC. SUCCESSOR IN INTEREST TO PODS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. Xxxxxxxx, Xxesident -------------------------------- Petex X. Xxxxxxxx, Xxesidentlater dishonored.

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer The terms of the Collateral, this Agreement Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of the parties, their Lender and its successors and assigns, NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. 5 09-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 (CONTINUEDPlease notify us if we report any inaccurate information about your account(s) =============================================================================== WAIVERto a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: GATEWAY BANK & TRUST P. O. Box 129 RINGGOLD, GA 30700. XXXXXXX XXXXXXXXXX. Xx xny part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender shall not be deemed to have waived may delay or forgo enforcing any of its rights or remedies under this Agreement Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law. waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising parties waive any right shall operate as a waiver of such right or to require Lender to take action against any other right. A waiver party who signs this Note as provided in O.C.G.A. Section 10-7-24 and agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is required made. The obligations under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required Note are joint and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT, AND GRANTOR AGREES TO ITS TERMSseveral. THIS AGREEMENT NOTE IS DATED SEPTEMBER 3, 1999GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTORBORROWER: PODSAMERICAN CONSUMERS, INC. F/K/A PODS EQUITYDBA SHOP RITE By: /s/ Michael A. Richardson (Xxxx) Xx: /x/ Paul R. Cook (Xxxl) -------------------------------------- ---------------------------------------- MICHAEL A. RICHARDSON, Presixxxx xx PAUL R. COOK, Chief Financiax Xxxxxxx xx AMERICAN CONSUMERS, INC. SUCCESSOR IN INTEREST TO PODSDBA SHOP RITE AMERICAN CONSUMERS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. Xxxxxxxx, Xxesident -------------------------------- Petex X. Xxxxxxxx, XxesidentINC. DBA SHOP RITE

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer The terms of the Collateral, this Agreement Note shall be binding upon Xxxxxxxx, and upon Xxxxxxxx's heirs, personal representatives, successors and assigns, and shall inure to the benefit of the parties, their Lender and its successors and assigns, NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. 5 09-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 (CONTINUEDPlease notify us if we report any inaccurate information about your account(s) =============================================================================== WAIVERto a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: GATEWAY BANK & TRUST P. O. Box 129 RINGGOLD, GA 30736. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender shall not be deemed to have waived may delay or forgo enforcing any of its rights or remedies under this Agreement Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising parties waive any right shall operate as a waiver of such right or to require Lender to take action against any other right. A waiver party who signs this Note as provided in O.C.G.A. Section 10-7-24 and agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Xxxxxx's security interest in the collateral; and take any other action deemed necessary by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever without the consent of Lender or notice to anyone. All such parties also agree that Xxxxxx may modify this loan without the consent of or notice to anyone other than the party with whom the modification is required made. The obligations under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required Note are joint and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT, AND GRANTOR AGREES TO ITS TERMSseveral. THIS AGREEMENT NOTE IS DATED SEPTEMBER 3, 1999GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTORBORROWER: PODSAMERICAN CONSUMERS, INC. F/K/A PODS EQUITYDBA SHOP RITE By: /s/ Xxxxxxx X. Xxxxxxxxxx (Seal) By: /s/ Xxxx X. Xxxx (Seal) XXXXXXX X. XXXXXXXXXX, President of XXXX X. XXXX, Chief Financial Officer of AMERICAN CONSUMERS, INC. SUCCESSOR IN INTEREST TO PODSDBA SHOP RITE AMERICAN CONSUMERS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. Xxxxxxxx, Xxesident -------------------------------- Petex X. Xxxxxxxx, XxesidentINC. DBA SHOP RITE

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer of the Collateral, this Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. 5 09-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 (CONTINUED) =============================================================================== WAIVER, Waiver. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is Is given in In writing and signed by LenderXxxxxx. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. , A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by LenderXxxxxx, nor any course of dealing between Lender Xxxxxx and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES ACXNOWLEDQES HAVING READ HEAD ALL THE PROVISIONS OF THIS TMIS COMMERCIAL SECURITY AGREEMENT, AGREEMENT AND GRANTOR AGREES AGHEES TO ITS TERMS. THIS AGREEMENT IS DATED SEPTEMBER 3, 1999DATED_____________________________. GRANTOR: PODSArc Communications, INC. F/K/A PODS EQUITY, INC. SUCCESSOR IN INTEREST TO PODS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP Inc. By: /s/ Petex Xxxxxx X. XxxxxxxxXxxxx, Xxesident -------------------------------- Petex President (SEAL) ------------------------------- Xxxxxx X. XxxxxxxxXxxxx, XxesidentPresident /s/ ( Corporate Seal ) ------------------------------------- Secretary or Assistant Secretary

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer of the Collateral, this Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. 5 09-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 (CONTINUED) =============================================================================== WAIVER. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT, AND GRANTOR AGREES TO ITS TERMS. THIS AGREEMENT IS DATED SEPTEMBER 3, 1999. GRANTOR: PODS, INC. F/K/A PODS EQUITY, INC. SUCCESSOR IN INTEREST TO PODS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. Xxxxxxxx, Xxesident -------------------------------- Petex X. Xxxxxxxx, XxesidentXxesident ===============================================================================

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer The terms of the Collateral, this Agreement shall be binding upon Borrower, and inure to the benefit of the partiesupon Borrower's heirs, their personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. 5 09-13-1999 COMMERCIAL SECURITY NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy (ies) should be sent to us at the following address: _____________- _____________- MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement. PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT PAGE 5 IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. CHANGE IN TERMS AGREEMENT LOAN NO: 100006519 (CONTINUED) PAGE 5 =============================================================================== WAIVERBORROWER: XXXXX-XXXXXXXXXX.XXX, CORP. Lender shall BY:/S/ XXXXX X XXXXXX (SEAL) ------------------------------------------ XXXXX X. XXXXXX, XX., PRESIDENT AND CEO OF XXXXX-XXXXXXXXXX.XXX, CORP. =============================================================================== SCHEDULE "A" SECURED PARTY: DEBTOR(S): -------------- ---------- Pennsylvania Business Bank xxxxx-xxxxxxxxxx.xxx, Corp. 0000 Xxxxxx Xxxxxx, 4th Floor Two Westborough Business Park Philadelphia, Pa. 19102 Xxxxxxxxxxx, Xx. 00000 As security for the prompt satisfaction of all Obligations of Debtor, the Debtor does hereby assign and grant to the Bank a lien and security interest in: All personal property of the Debtor, including without limitation the following, all whether now owned or hereafter acquired or arising: (i) accounts, accounts receivable, contract rights, chattel paper (including electronic chattel paper), notes receivable, instruments and documents (including warehouse receipts), and client accounts arising out of contingency agreements, court awards, retainer agreements, or other professional arrangements; (ii) goods of every nature, including without limitation, inventory, stock-in-trade, raw materials, work in process, items held for sale or lease or finished or to be furnished under contracts of sale or lease, goods that are returned, reclaimed or repossessed, together with materials used or consumed in the Debtor's business; (iii) equipment, including, without limitation, machinery, vehicles, furniture, and fixtures; (iv) investment property; (v) general intangibles, of every kind and description, including, but not be deemed limited to have waived payment intangibles, all existing and future customer lists, choses in action, claims (including without limitation claims for indemnification or breach of warranty), books, records, patents and patent applications, copyrights, trademarks, trade names, trade styles, telephone numbers, signage, trademark applications, goodwill, blueprints, drawings, designs and plans, trade secrets, contracts, licenses, license agreements, formulae, tax and any other types of refunds, returned and unearned insurance premiums, rights and claims under this Agreement unless such waiver is given insurance policies, and computer information, software, source codes, object codes, records and data; (vi) deposit accounts; (vii) letter of credit rights; (ix) all property of the Debtor now or hereafter in writing and signed by Lender. No delay the Bank's possession or omission in transit to or from, under the custody or control of or on deposit with, the part of Lender in exercising any right shall operate as a waiver of such right Bank or any affiliate thereof, including deposit and other right. A waiver by Lender accounts; (x) all cash and cash equivalents; (xi) all cash and non-cash proceeds (including without limitation, insurance proceeds) or all of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lenderthe foregoing property, nor any course of dealing between Lender all products thereof and Grantorall additions and accessions thereto, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever Substitutions therefore and replacements thereof; and (xii) all URLs, domain names, Internet addresses, IP addresses, e-mail addresses, and the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT, AND GRANTOR AGREES TO ITS TERMS. THIS AGREEMENT IS DATED SEPTEMBER 3, 1999. GRANTOR: PODS, INC. F/K/A PODS EQUITY, INC. SUCCESSOR IN INTEREST TO PODS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP By: /s/ Petex X. Xxxxxxxx, Xxesident -------------------------------- Petex X. Xxxxxxxx, Xxesidentlike.

SUCCESSOR INTERESTS. Subject to the limitations set forth above on transfer The terms of the Collateral, this Agreement Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of the parties, their Lender and its successors and assigns. 5 09-13-1999 COMMERCIAL SECURITY AGREEMENT PAGE 5 (CONTINUED) =============================================================================== WAIVERGENERAL PROVISIONS. Lender shall not be deemed to have waived may delay or forgo enforcing any of its rights or remedies under this Agreement Note without losing them, Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor, Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising parties waive any right shall operate as a waiver of such right or to require Lender to take action against any other right. A waiver party who signs this Note as provided in O.C.G.A. Section 10-7-24 and agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or 'collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is required made. The obligations under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required Note are joint and in all cases such consent may be granted or withheld in the sole discretion of Lender. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT, AND GRANTOR AGREES TO ITS TERMSseveral. THIS AGREEMENT NOTE IS DATED SEPTEMBER 3, 1999GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTORBORROWER: PODS, INC. F/K/A PODS EQUITY, INC. SUCCESSOR IN INTEREST TO PODS, LLC F/K/A PORTABLES ON DEMAND STORAGE, LLC SUCCESSOR, IN INTEREST BY MERGER, TO ROPE DEVELOPMENTS, A FLORIDA GENERAL PARTNERSHIP CITIZENS FIRST CORPORATION By: /s/ Petex Xxxx X. XxxxxxxxXxxxxx -------------- Xxxx X. Xxxxxx President and CEO of Citizens First Corporation LENDER: THE BANKERS BANK 2 1 ADDENDUM TO PROMISSORY NOTE THIS ADDENDUM, Xxesident -------------------------------- Petex X. Xxxxxxxxmade this lih day of August 2005, Xxesidentby and between CITIZENS FIRST CORPORATION,("Borrower") and THE BANKERS BANK, with its main office located at 2410 Paces Ferry Road, 600 Paces Summit, Xxxxxxx, Xxxxxxx 00000 ("Lender").