MISSOURI OEEO OF TRUST ANO SECURITY AGREEMENT THIS MISSOURI DEED OF TRUST AND SECURITY AGREEMENT SECURES FUTURE

ADVANCES AND FUTURE OBLIGATIONS AND SHALL BE GOVERNED BY SECTION 443.055 R.S.MO., AS AMENDED FROM TIME TO T!ME. THE TOTAL FACE AMOUNT OF THE PRESENT AND FUTURE ADVANCES AND OBLIGATIONS WHICH MAY BE SECURED HEREBY IS $9,226,000, PLUS ANY ADDITIONAL AMOUNTS WHICH MAY BE SECURED HEREBY UNDER THE PROVlSIONS OF SECTiON 443.055 R.S.MO., AS AMENDED. THIS MISSOURi DEED OF TRUST AND SECURITY AGREEMENT (as the same may be modified, extended, renewed or restated from time to time, this "Deed of Trust"), dated as of June 29, 2010, is granted by UPLAND WINGS, tNC., a Missouri corporation ("Grantor"), having a mailing address of 1185 Ross Road, St. Louis, Missouri 83146, to DAVID F. NaERS, an individual resident in Missouri ("Trustee") having a mailing address of 120 S. Central, Suite 1500, St Louis, MO 63105, to hold in trust for the benefit of THAYER LAND DEVELOPMENT COMPANY, U .. , a Missouri limited liability company, as c-eneflciary (together with its successors C and assigns, "Beneficiary") having a mailing address of 120 S. Centra!, Suite 1500. S1. Louis, MO 63105. The following recitals form the basis and are a materia! part of this Deed of Trust A. Granter and Wings Enterprises, Inc. ("Enterprises'} (Grantor and Enterprises each and coliectively referred to as "BofTowe() have executed and deiivered to Beneficiary two Demand Notes payable to the order of Beneficiary. in the principal amounts of $7,000,000.00 and $2,226,000.00 respectively (as amended, each and collectively the 'Note"), which provides for interest as therein set forth, and is payable on demand. B. Borrower is now or hereafter may become otherwise obligated or indebted to Beneficiary, and Beneficiary may make future advances to Borrower, and Borrower may incur future obligations to Beneficiary, whether pursuant to the Note as specified above, or pursuara to other related loan documents (coFteCtiveiy. the "Loan Documents") (co!!ect!veiy, the "Obligations"). C.
Obligations

(which obligations

The parties intend that this Deed of Trust shall secure the payment and performance of the shall be deemed to include aU of Grantor's obligalions hereunder). CONVEYANCE

NOW, THEREFORE, as security for Ihe Obligations. and in consideration thereof, and the sum of Ten Dollars ($10.00) in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor by these presents does hereby GHANT, BARGAIN AND SELL, CONVEY AND CONFIRM, ASSIGN, TRANSFER AND SET OVER unto Trustee, and Trustee's successors and assigns, forever, IN TRUST. with power of sate. the following described real estate, chattels real, personal property and other properties, interests and rights, whether now owned or hereafter acquired by Grantor (eel/ectively, the "Mortgaged Property"): A. Land. Aii the estate, right, title and interest of Grantor in, to and under, or derived from the plots, pieces and parcels of land situated in the County of Was~ington, State of Missouri, more particularly described in Exhibit A hereto (the 'Land") with the tenements, hereditaments, appurtenances, passages, waters, water rights. water courses, riparian rights and all the estates. liberties, privileges and rights of Grantor in and to the Land and all right, title and interest, if any. of Grantor in and to the streets. roads, sidewalks and alleys abutting the Land, and strips, gaps and gores within or adjoining the Land, whether private or public and whether vacated or to be vacated by Law or otherwise; the air space and right to use said air space above the Land and any transferable development or Similar rights appurtenant thereto, al! rights of ingress and egress by motor vehicle to parking facilities on or within the Land, all easements now or hereafter affecting or benefiting the Land. including, without limitation. all feCipfO"...a1 easement agree.'11ents. royaUies and all rights appertaining to the use and enjoyment of the Land, including alley, drainage, mineral, water, oil, gas. coal and other mineral rights in or under the Land.

B. Imorovements. All buildings, improvements and structures at any time, now or hereafter, erected, situated or placed thereon (the ~Impfovements").

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MISSOURI DEED OF TRUST AND SECURITY AGREEMENT THIS MISSOURI DEED OF TRUST AND SECURITY AGREEMENT SECURES FUTURE ADVANCES AND FUTURE OBLIGATIONS AND SHALL BE GOVERNED BY SECTION 443.055 RS.MO., AS AMENDED FROM TIME TO TIME. THE TOTAL FACE AMOUNT OF THE PRESENT AND FUTURE ADVANCES AND OBLIGATIONS WHICH MAY BE SECU~ED HEREBY IS $2,000,000, PLUS ANY ADDITIONAL AMOUNTS WHICH MAY BE SECURED HEREBY UNDER THE PROVISIONS OF SECTION 443.055 RS.MO., AS AMENDED. THIS MISSOURI DEED OF TRUST AND SECURITY AGREEMENT (as the same may be modified, extended, renewed or restated from time to time, this "Deed of Trusr), dated as of September 29, 2010, is granted by UPLAND WINGS, INC., a Missouri corporation ("Granton, having a mailing address of 1185 Ross Road, Sl. Louis, Missouri 63146, to HBS TRUSTEE, INC., a Missouri corporation ("Trustee") with an office located at 235 East High Street, Jefferson City, Missouri 65101, to hold in trust for the benefit of HUSCH BLACKWELL LLP, a Missouri limited liability partnership, as beneficiary (together with its successors and assigns, "BeneficiarY) having a mailing address of 190 Carondelet Plaza, Suite 600, Saint Louis, Missouri 63105. The following recitals form the basis and are a material part of this Deed of Trust: A. Grantor and Wings Enterprises, Inc. ("Enterprises') (Grantor and Enterprises each and collectively referred to as "Borrower") have executed and delivered to Beneficiary a Fixed Line of Credit Demand Note payable to the order of Beneflciary, in the rinci al amounts of $2,000,000.00 as amended, each and collectively the "~"), which provides for interest as therein set forth, and is paya e on eman . B. Borrower. is now or hereafter may become otherwise obligated or indebted to Beneficiary, and Beneficiary may make future advances to Borrower, and Borrower may incur future obligations to Beneficiary, whether pursuant to the Note as specified above. or pursuant to other related loan documents (collectively, the "Loan Documents") or any other indebtedness or other obligations of Borrower to Beneficiary, owing or which may hereafter become owing, now or hereafter existing. whether monetary, nonmonetary, direct, indirect, acquired, joint, several, joint and several, liquidated, unliquidated, existing, future, fixed, contingent or otherwise, and any replacements, renewals, consolidations, extensions and other modifications of any of the above, together with any interest, fees, expenses and other charges thereon, and any amounts expended by or on behalf of Beneficiary for the protection and preservation of the mortgage lien and security interest granted herein are hereinafter sometimes collectively called the Obligations". C. The parties intend that this Deed of Trust shall secure the payment and performance of the Obligations (which obligations shall be deemed to include all of Grantor's obligations hereunder). CONVEYANCE NOW, THEREFORE, as security for the Obligations, and in consideration thereof, and the sum of Ten Dollars ($10.00) in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor by these presents does hereby GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM, ASSIGN, TRANSFER AND SET OVER unto Trustee, and Trustee's successors and assigns, forever, IN TRUST, with power of sale, the following described real estate, chattels real, personal property and other properties, interests and rights, whether now owned or hereafter acquired by Grantor (collectively, the "Mortgaged Property"): A. Land. All the estate, right. title and interest of Grantor in. to and under, or derived from the plots, pieces and parcels of land situated in the Counties of Washington and Crawford, State of Missouri, more particularly described in Exhibit A hereto (the "Land") with the tenements, hereditaments, appurtenances, passages, waters, water rights, water courses, riparian rights and all the estates, liberties, privileges and rights of Grantor in and to the Land and all right, title and interest, if any, of Grantor in and to the streets, roads, sidewalkS and alleys abutting the Land, and strips, gaps and gores within or adjoining the Land, whether private or public and whether vacated or to be vacated by Law or otherwise; the air space and right to use said air space above the Land and any transferable development or similar rights appurtenant thereto, all rights of ingress and egress
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Mechanic's Lien Claimant: Subject Property: Amount Claimed: Alberici Constructors, Inc .. 8800 Page Ave., St. Louis, Missouri 63114 $4,143,877.21

FILED

OCT 06- 2010

lowA. Mc..oo Q.. , S

MECHANIC'S LIEN STATEMENT

By_!..:..!Rf;~-;(?f.J..!v:::!..a..=-::J~._)_c~+-.__

0-:;

COMES NOW ALBERICI CONSTRUCTORS,

INC., a Missouri corporation authorized to do

business in the state of Missouri ("Lien Claimant"), with its principal place of business at 8800 Page Ave., St. Louis, Missouri 63114, and with a view to avail itself of the benefit of the statutes relating to mechanic's liens, files the just and true account set forth below for work, labor, and materials furnished by Lien Claimant, as an original contractor, on behalf of itself and its subcontractors under a contract, dated September 22,2009, pursuant to the approval from, UPLAND with WINGS ENTERPRISES, WINGS, INC. (collectively, and materialmen,

INC. for the benefit of, and Wings Enterprises, Inc. and

Upland Wings, Inc. shall hereinafter be referred to as "Owner"), for real estate located known as Pea Ridge Iron Ore, located at 10685 Wings Lane Drive, nearby Pea Ridge, Missouri and located partly in Washington County, Missouri and partly in Crawford County, Missouri. A true and correct legal

description ofthe property (the "Subject Real Estate") is:

Tract 1: All of the East Half(E 112) of Lot One (1) of the Northeast Quarter (NE 1/4) of Section Four (4), Township 39 North, Range 1, West. Also, all of that part of Lot Two (2) of the Northeast Quarter (NE 1 14) of Section Four (4), Township 39 North, Range 1 West, that lies south of State Highway No. 114, originally State Highway SD. All right, title and interest in and to the Surface Rights Only in and to Lot one (1) of the Northwest Quarter (NW 1/4), the West Half(W 1/2) of Lot One (1) of the Northeast Quarter (NE 114) and Lot Two (2) of the Northwest Quarter (NW 1/4}-all in Section Four (4), Township 39 North, Range 1 West.
,

EXCEPT: 1.07 acres conveyed to Herb Maddox and wife by a Warranty Deed recorded in Book 2000 at page 4962. Tract 2: All of the South half of Section 4, Township 39 North, Range 1 West, EXCEPT a tract of 1.41 acres in the Northwest Quarter of the Southwest Quarter for Union Electric Substation. Tract 3: Also, all ofthe Northeast quarter, and the South half of the Southwest quarter, and the Southeast quarter of Section 8, Township 39 North, Range 1 West. Tract 4: All of the Surface Rights Only in and to all the Northeast Quarter (NE 114) of Section Nine (9), Township 39 North, Range 1 West. Tract 5: All of the Southwest 114 and the Northwest 114of Section 9, Township 39 North, Range 1 West, _ except an undivided 25% interest in all oil, gas, coal and other minerals in and under the real estate jJ(J- a.fY conveyed to Alice L. Fisher by Special Warranty Deed recorded in Book 102 at page 25.
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The said account is hereby filed in order that it may constitute a lien on the Subject Real Estate, and calculated as follows:

STATEMENT OF ACCOUNT
1. 2. ORIGINAL CONTRACT CHANGE ORDERS TOTAL EARNED LESSPA~NTSRECErvED TOTAL DUE $5,149,269.47

$
$4,143,877.21 $ $4,143,877.21

3.

4. 5.

SUMMARY OF REASONABLE VALUE OF WORK PERFORMED

The amount owed to Lien Claimant is the principal sum of Four Million, One Hundred FortyThree Thousand, Eight Hundred Seventy-Seven and 211100 Dollars ($4,143,877.21), plus interest at the

i<

contract rate of one percent (1 %) per month, attorneys' fees and charges pursuant to contract, according to the said Exhibits attached hereto. A copy of the relevant contract, invoice, and substantiating documents are attached as Exhibit A. Lien Claimant last furnished work, labor or materials to the Subject Real Estate on September 28, 2010. The indebtedness for work and labor performed on the Subject Real Estate by the Lien Lien Statement accrued on August, 30, 2010, which Lien Statement. is within

Claimant as set forth in this Mechanic's

six (6) months immediately preceding the filing of this Mechanic's

All of the items of

said account were furnished under one arrangement and constituted one continuous running account. Each and every item of said account was furnished for the Subject Real Estate and actually entered into the construction of the improvements construction of said improvements. on the SUbject Real Estate, or the items were consumed in the

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