PROMISSORY NOTE

$80,635.91 November 14, 2009

1. FOR VALUE RECEIVED, S & S Land & Cattle, Inc., Steven Immel and
Michael Reavis (“Borrower”), jointly and severally promise to pay to the order of Ray
H. Tolson, his successors or assigns (“Lender”), at 11454 South US Highway 87,
Fredericksburg, Texas 78624, the principal sum of $80,635.91 with interest on the
principal balance from time to time remaining unpaid from date hereof until maturity at
the “Applicable Rate” as defined in this Note. All matured, unpaid principal and interest
shall bear interest from date of maturity until paid at the “Maximum Rate” defined in this
Note.

2. The term “Maximum Rate” as used in this Note shall mean, at the particular time
in question the maximum rate of non-usurious interest (taking into account all amounts
paid or required to be paid which may be deemed, held, or classified as interest under
applicable law) which, under applicable law, may then be charged on this Note; provided
however, the Maximum Rate shall never exceed 18.00% per annum. If the maximum
rate of non-usurious interest changes after the date of this Note, the Maximum Rate shall
automatically be increased or decreased, as the case may be, without notice to Borrower
from time to time as of the effective time of each change in the maximum non-usurious
rate. If applicable law does not or ceases to provide for a maximum non-usurious rate of
interest, the Maximum Rate shall be 18.00% per annum.

3. (a) The “Applicable Rate” of interest shall be equal to the lesser of: (i) the
Prime Rate of interest as published in the Wall Street Journal from time to time plus one-
percent (1.0%), or (ii) the Maximum Rate. Notwithstanding the foregoing, the
“Applicable Rate” shall not be less than six-percent (6.0%) during the term of the
Note.

(b) Currently, the Prime Rate is 3.25% per annum.

(c) Borrower and the Lender agree to use the Prime Rate as the index to
determine the rate of interest for this Note. Use of the Prime Rate is not to be construed as a
warranty or representation that the Prime Rate is more favorable than another rate or index,
that rates on other loans or credit facilities may not be based on indices other than the Prime
Rate or that rates on loans to others may not be made below the Prime Rate. If the Prime
Rate becomes unavailable for any reason, then the Lender will select another comparable
publication, source or index to establish the index to be used to determine the interest rate to
accrue on this Note.

(d) Any adjustments in the Prime Rate shall be made on November 15 of each
year (the “Adjustment Date”).

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 (e) Matured unpaid principal and interest shall bear interest at the Maximum
Rate until paid.

(f) Unless otherwise specified herein, interest shall be computed on a per annum
basis of a year of 365 days and for the actual number of days (including the first but
excluding the date day) elapsed unless such calculation would result in a usurious rate, in
which case interest shall be calculated on a per annum basis of a year of 365 or 366 days, as
the case may be.

(g) Interest shall be calculated on the unpaid principal to the date of each
installment paid and the payment shall be credited first to accrued but unpaid interest and
the balance to the reduction of principal.

4. This Note is due and payable as follows: Monthly payments of principal and
interest shall be due and payable on the same day of each succeeding month based upon a
18-year amortization. The initial monthly principal and interest installment on this Note will
be $611.35, beginning on December 15, 2009. On each Adjustment Date, the amount of the
monthly installment that will be sufficient to repay the unpaid principal based upon the 18-
year amortization in substantially equal installments together with interest at the Applicable
Rate will be calculated and will be the amount of the new monthly installment. The new
monthly installment will be paid from the Adjustment Date until the amount of the monthly
installment changes again. All principal and accrued interest remaining unpaid will be
due and payable upon the November 15, 2017 (the “Maturity Date”).

5. In the event that (i) default is made in the payment of any amounts payable
hereunder, or any sums of money payable under the terms of any other document
executed in connection with, as evidence of, or as security for this Note, or (ii) Borrower
should breach any of the covenants contained in any other document executed in
connection with, as evidence of, or as security for this Note, at the option of Lender, the
entire unpaid principal balance of this Note, together with accrued but unpaid interest
thereon, shall at once become due and payable, without notice, and without presentment
or demand for payment, and the liens given to secure the payment of this Note may be
foreclosed immediately. Failure to exercise this option shall not constitute a waiver of
the right to exercise such option at any other time in the future.

6. If Lender declares the entire unpaid amount of this Note at once due and payable
and this Note is placed in the hands of an attorney for collection, or suit is brought on
same, or the same is collected through Probate, Bankruptcy, or other judicial proceedings,
then Borrower shall pay to Lender all costs and a reasonable amount as attorney’s fees.

7. The undersigned, all endorsers, and all persons liable or to become liable on this
Note, expressly waive demand for payment, presentation for payment, notice of intention
to accelerate maturity, notice of acceleration, protest, and notice of protest as to this Note
and as to each installment hereof.

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8. It is the intention of Lender and Borrower to conform strictly with applicable
usury laws now in force. No provision of this Note or any other document executed in
connection with, as evidence of, or as security for the indebtedness evidence by this Note
shall require the payment or permit the collection of interest in excess of the maximum
amount permitted by applicable law. If at any time the interest received or contracted for
exceeds the Maximum Rate, the Lender shall refund the amount of the excess or shall
credit the amount of the excess against amounts owing under the loan and such excess
shall not be considered the payment of interest. Determination of the rate of interest shall
be made by amortizing, prorating, allocating, and spreading in equal parts during the full
contracted period of the life of the loan all interest at any time contracted for, charged, or
received from Borrower in connection with the loan.

9. All notices permitted hereunder shall be given to the addressee at the following
address: if to Lender: at 11454 South Highway 87, Fredericksburg, Texas 78624; if to
Borrower: 1990 RR 1631, Fredericksburg, Texas 78624. All notices given hereunder
shall be in writing and shall be considered properly given if mailed by first-class United
States mail, postage prepaid, registered or certified with return receipt requested, or by
delivering same in person to the addressee, or by prepaid telegram. All notices permitted
herein to be given in any other manner shall be effective upon receipt at the address of
the addressee. Either party may change its address for purposes of receiving notice
hereunder upon not less than 15 days notice given in the manner prescribed herein.

10. All amounts payable under this Note are payable in lawful money of the United
States which shall be legal tender for payment of all debts and dues, public and private, at
the time of such payment. Borrower agrees to perform and comply with the covenants,
conditions, provisions, and agreements contained in this Note and in every other
instrument evidencing or securing payment of the indebtedness evidenced by this Note.

11. The acceptance by Lender, at any time and from time to time, of part payment of
this Note shall not be deemed to be a waiver of any default then existing. No waiver by
Lender of any default shall be deemed to be a waiver of any other then existing or
subsequent default, nor shall any such waiver by Lender be deemed to be a continuing
waiver. No delay or omission by Lender in exercising any right, power, or option granted
herein to Lender shall impair any such right, power, or option or be construed as a waiver
thereof or an acquiescence therein, nor shall any single or partial exercise of any such
right, power, or option preclude other or further exercise thereof or the exercise of any
other right, power, or option of Lender under the terms thereof.

12. If more than one person or entity signs this Note, each one of them shall be jointly
and severally liable for its payment and for all of Borrower’s other obligations under it.

13. This Note is secured, among other things, by an Aircraft Security Agreement
dated November 8, 2007 for the use and benefit of Lender which covers the following
property: 1969 Cessna 182 – Serial Number 18259601. Borrower agrees to maintain
physical damage insurance on collateral property in an amount not less than the principal

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balance of this promissory note, with Lender named as loss-payee. Borrower agrees to
furnish Lender with proof of insurance coverage annually.

14. If any installment or prepayment provided for in this Note shall become overdue
for a period of 15 days, Lender may charge and collect a late charge in an amount equal
to: (a) 5.00% of any such overdue installment or payment, or (b) $15.00, whichever is
greater, in order to cover the extra expense involved in handling delinquent payments.

15. This Note may be prepaid, in whole or in part, at any time without penalty of any
kind. Prepayments shall be credited toward the payment of the installments of principal
last maturing hereon, but interest shall immediately cease upon amounts of principal
prepaid hereon.

16. The unpaid principal balance of this Note at anytime shall be the total amounts
loaned or advanced hereunder by Lender less the amount of payments or prepayments of
principal made hereon by or for the account of Borrower. All loans or advances and all
payments or prepayments made hereunder on account of principal or interest will be noted
by Lender hereof on its internal records. Absent manifest error, the records of Lender as to
the outstanding principal amount of this Note shall be conclusive. Failure to make any
notation of any advance or loan made hereunder shall not limit or otherwise affect the
obligation of Borrower with respect to such advance or loan. Advances hereunder may be
made by the Lender pursuant to the terms of a written loan agreement of even date executed
in connection herewith between Borrower and Lender. Any loan or advance shall be
conclusively presumed to have been made under the terms of this Note to or for the benefit
of Borrower when made pursuant to the terms of any written loan agreement executed in
connection herewith between Borrower and Lender.

17. This promissory note represents a renewal and extension of the promissory note
dated November 8, 2007 in the original amount of $85,000.00 executed by S & S Land &
Cattle, Inc. and Steven Immel payable to Ray H. Tolson.

Any amounts repaid or prepaid may not be reborrowed.

THIS LOAN IS PAYABLE IN FULL ON THE MATURITY DATE. AT

MATURITY, BORROWER MUST REPAY THE ENTIRE PRINCIPAL
BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS
UNDER NO OBLIGATION TO REFINANCE THIS LOAN AT THAT TIME.
BORROWER WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT
OUT OF OTHER ASSETS THAT BORROWER OWNS, OR BORROWER WILL
HAVE TO FIND ANOTHER LENDER WILLING TO LEND BORROWER THE
MONEY. IF BORROWER REFINANCES THIS LOAN AT MATURITY,
BORROWER MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS
NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF BORROWER
OBTAINS FINANCING FROM THE SAME LENDER.

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THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL
AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE
CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR
SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.

THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE

PARTIES.

BORROWER:

S & S Land & Cattle, Inc.

By: ____________________________
Name:
Title:

_________________________________
Steven Immel, individually

_________________________________
Michael Reavis, individually

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