Construction note

FOR VALUE RECEIVED, [COMPANY], a [State] limited liability company ("Borrower"), by this promissory note (this "Note") hereby unconditionally promises to pay to the order of [COMPANY] ("Lender"), at [Bank], [City], [State], United States of America, account number [Account Number], ABA code [ABA Code], or such other place as Lender shall advise Borrower, the principal sum of [Amount in Words] ($[_____]), or so much thereof as may be advanced from time to time pursuant to that certain Construction Financing Agreement, dated [Date], between Borrower and Lender (the "CFA"). Capitalized terms used in this Note without definition shall have the meanings ascribed thereto in the CFA. This Note is a "Transaction Document" under the CFA, is entitled to the benefits and is subject to the terms and conditions of the CFA, and is entitled to the benefits of the security provided under the Security Documents.

Borrower also promises to pay all other Obligations, including (i) interest on the unpaid principal amount hereof from the date hereof until paid in full at the rates and at the times provided in the CFA and (ii) fees and expenses at such times and at such rates and amounts as specified in the CFA. Principal, interest, fees and expenses and other payments to be made by Borrower under this Note shall be made in United States Dollars in immediately available and freely transferable funds no later than 12:00 Noon Central Standard Time on the due date set out in the CFA.

Lender is hereby authorized, at its option, to (a) attach a schedule hereto and make appropriate notation evidencing the date and amount of each Advance evidenced hereby and the interest rate applicable thereto, and/or (b) to record such Advances, interest rates and related information in its books and records in accordance with the terms of Section 2.03(e) of the CFA. Such schedules and books and records, as the case may be, shall constitute conclusive evidence, absent manifest error, of the amount of Advances, interest and related information, but in no event shall any failure by Lender to endorse or record pursuant to clauses (a) and (b) be deemed to relieve Borrower from any of its Obligations hereunder or under any other Transaction Document.

On the earlier of the Conversion Date or the Conversion Date Deadline (the "Maturity Date"), the outstanding balance hereof shall be due in full, including all principal, interest and all other charges due hereunder. Whenever any payment to be made under this Note shall be stated to be due on a day that is not a Business Day, such payment shall be made on the next succeeding Business Day, and such extension of time shall be included in the computation of the payment of interest. All installments paid hereunder shall be applied first to the payment of costs or expenses owed by Borrower to Lender under the CFA, including Section 12.10 thereof, next to accrued interest and last to the balance of principal remaining in the order determined by Lender in its sole discretion. All interest shall be computed on the basis of actual days elapsed and a year of three hundred sixty (360) days.