SHALL BE CREDITED AS A
PAYMENT OF THE PRINCIPAL AMOUNT OF THE OBLIGATIONS, UNLESS BORROWER SHALL NOTIFY
LENDER, IN WRITING, THAT THEY ELECT TO HAVE SUCH EXCESS SUM RETURNED FORTHWITH.
SUCH RETURN OR CREDIT SHALL NOT CURE OR WAIVE ANY EVENT OF DEFAULT UNDER THIS
AGREEMENT, THE LEASEHOLD MORTGAGE OR ANY OTHER LOAN DOCUMENT.
10.9
ASSIGNMENT BY LENDER.
LENDER MAY PLEDGE OR OTHERWISE HYPOTHECATE
OR MAY ASSIGN IN WHOLE OR IN PART, OR ISSUE PARTICIPATING INTERESTS IN AMOUNTS
OF UP TO $10,000,000 IN THE AGGREGATE, IN AND TO THIS AGREEMENT AND ANY OF ITS
RIGHTS AND SECURITY HEREUNDER, AND THE NOTES, THE LEASEHOLD MORTGAGE AND ALL
OTHER LOAN DOCUMENTS, TO ANY OTHER PERSON, FIRM OR CORPORATION PROVIDED THAT ALL
OF THE PROVISIONS OF THIS AGREEMENT SHALL CONTINUE TO APPLY TO THE LOANS, THE
NOTES, THE LEASEHOLD MORTGAGE AND THE OTHER LOAN DOCUMENTS.
IN THE EVENT OF
SUCH ASSIGNMENT, IT SHALL BE DEEMED IN COMPLIANCE BY LENDER WITH THIS AGREEMENT
AND TO HAVE BEEN MADE IN PURSUANCE OF THIS AGREEMENT AND NOT TO BE IN
MODIFICATION HEREOF AND THE ADVANCES MADE BY ANY SUCH ASSIGNEE SHALL BE
EVIDENCED AND SECURED BY THE NOTES, AND THE LEASEHOLD MORTGAGE.
IN THE CASE OF
ANY SUCH TRANSFER, WHETHER BY ASSIGNMENT, ISSUANCE OF PARTICIPATIONS, PLEDGE, OR
HYPOTHECATION, BY LENDER, BORROWER WILL ACCORD FULL RECOGNITION THERETO AND
AGREES THAT ALL RIGHTS AND REMEDIES OF LENDER IN CONNECTION WITH THE INTEREST SO
TRANSFERRED SHALL BE ENFORCEABLE AGAINST BORROWER BY SUCH INSTITUTION WITH THE
SAME FORCE AND EFFECT AND TO THE SAME EXTENT AS THE SAME WOULD HAVE BEEN
ENFORCEABLE BY LENDER BUT FOR SUCH TRANSFER.
10.10
SIGNS.
BORROWER AGREES, UPON LENDER'S REQUEST, TO ERECT AND
MAINTAIN A SIGN IN FORM ACCEPTABLE TO LENDER ON THE PROPERTY DURING CONSTRUCTION
OF THE IMPROVEMENTS WHICH INDICATES THAT LENDER IS PROVIDING CONSTRUCTION
FINANCING FOR THE BIODIESEL PLANT.
10.11
ADDITIONAL DOCUMENTS.
BORROWER AGREES UPON DEMAND TO DO ANY ACT OR
EXECUTE ANY ADDITIONAL DOCUMENTS (INCLUDING, BUT NOT LIMITED TO, SECURITY
AGREEMENTS ON ANY PERSONALTY INCLUDED OR TO BE INCLUDED IN THE PROPERTY OR THE
IMPROVEMENTS) AS MAY BE REASONABLY REQUIRED BY LENDER TO SECURE THE NOTES, TO
CONFIRM THE LIEN OF THE LEASEHOLD MORTGAGE, OR ANY OTHER APPLICABLE LOAN
DOCUMENT, OR TO OTHERWISE CREATE, EVIDENCE, ASSURE OR ENHANCE LENDER'S RIGHTS
AND REMEDIES UNDER, OR AS CONTEMPLATED BY, THE LOAN DOCUMENTS OR AT LAW OR IN
EQUITY.
ALL OF SAID DOCUMENTS SHALL BE IN FORM AND SUBSTANCE PREPARED BY OR
ACCEPTABLE TO LENDER.
10.12
BINDING EFFECT; CONTINUING AGREEMENT.
THE TERMS, CONDITIONS,
COVENANTS, AGREEMENT, POWERS, PRIVILEGES, NOTICES AND AUTHORIZATIONS HEREIN
CONTAINED SHALL EXTEND TO, BE BINDING UPON AND AVAILABLE TO THE HEIRS,
EXECUTORS, ADMINISTRATORS, SUCCESSORS AND, TO THE EXTENT PERMITTED HEREUNDER,
THE ASSIGNS OF EACH OF THE RESPECTIVE PARTIES HERETO.
NOTWITHSTANDING THE
FOREGOING, BORROWER SHALL NOT, WITHOUT THE PRIOR WRITTEN CONSENT OF LENDER,
ASSIGN OR TRANSFER VOLUNTARILY OR BY OPERATION OF LAW THIS AGREEMENT.
AN
ASSIGNMENT OR TRANSFER IN VIOLATION OF THIS PROVISION SHALL BE INVALID AND OF NO
FORCE OR EFFECT.
BORROWER'S OBLIGATIONS,