American Steel Span, Inc.

Agricultural, Commercial, Industrial Steel Buildings 3431 4th. Ave. S.W Fargo, ND 58103 Phone (701) 237-9620

BUYERS NAME ADDRESS CITY/TOWN TELEPHONE HOME()

STATE OFFICE()

ORDER NUMBER ZIP CODE: FAX() BUILDING USE STORAGE

Quantity INC INC INC INC INC

Hereby agrees to purchase from the Company American Steel Span, Inc. the Seller, and to accept at the time requested below, all of the material necessary to erect the building specified, Labor, supervision or anything other than the prefabricated building package is not included.

BUILDING TYPE S SERIES

MODEL

APPROXIMATE BUILDING SPECIFICATIONS WIDTH LENGTH

Components and Accessories QUANTITY OPEN LARGE HIGH OPEN LARGE HIGH W 2nd Rear Opening

HEIGHT

GAUGE

ARCHES FRONT ENDWALL FRONT CURVED ANGLE FRONT DOUBLE SLIDING DOORS REAR ENDWALL REAR CURVED ANGLE REAR DOUBLE SLIDING DOORS Hx

SOLID SMALL SOLID SMALL Hx

WIDE

WIDE W

2nd Front Opening

Opening
H x W

ALL CHECKS FOR MATERIAL MUST BE MADE PAYABLE TO

AMERICAN STEEL SPAN INC.

SERVICE DOOR: 3 X 7 GRAVITY VENTS: FIBERGLASS SKYLIGHTS: NUTS, BOLTS, WASHERS: WEATHERSEAL AND CAULKING: BUTYL RUBBER CAULKING: COMMENTS:ALL BRAND NEW!!!!

INC Solid
H x W

BASIC BUILDING ACCESSORIES FREIGHT HANDLING TAX TOTAL PRICE DEPOSIT BALANCE DUE ON DELIVERY PAYABLE BY CASHIERS CHECK

0.00 PREPAID $225.00 NOT COLLECTED

SHIPPING DATE MANUALS NOW!!!

SHIPPING INSTRUCTIONS

M/C / Am Exp DISCOVER WIRE

VISA CHECK

This offer made by the Buyer above named to American Steel Span, Inc. (Seller) shall constitute an agreement building upon Seller only when accepted by Sellers authorized officer. The representative of the Seller preparing this Sales Agreement is not an officer of the Seller and not authorized to accept this offer of the Buyer. If this offer is not accepted by Seller its only obligation hereunder shall be to return Buyers deposit. THIS ORDER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE FACE AND REVERSE SIDE HEREOF INCLUDING THOSE LIMITING WARRANTIES AND REMEDIES. Buyer hereby acknowledges receipt of a completed copy of this Agreement and agrees to all of the terms herein contained. Buyer hereby acknowledges and agrees that Seller has absolutely no obligations whatsoever, express or implied, with American Steel Span Inc. and that the Representative shall have absolutely no obligations or liability hereunder (including any liability for erection of the building, whether erected by persons recommended by Representative or otherwise), except as set forth above. Buyer hereby acknowledges receipt of a completed copy of this offer and agrees upon acceptance to all of the terms contained herein. 1. NON-REFUNDABLE DEPOSIT: The fifty percent (50%) deposit required on all sales is non-refundable once American Steel Span, Inc. has accepted buyers offer above named and in the event the buyer refuses to accept the goods sold when tendered by the seller under the terms of this contract, the seller shall be entitled to keep the deposit as liquidated damages for buyers breach of contract. 2. DELIVERY DATE: If the goods sold under this contract are to be delivered to the buyer at the buyers place of business or residence or some other place designated by the buyer, then the seller shall make a good faith effort to have the goods delivered on the delivery date indicated above. If however, due to circumstances reasonably beyond the control of the seller, the goods cannot be delivered on the delivery date designated, then the buyer agrees to allow the seller whatever additional time seller needs to deliver the goods, not to exceed three (3) weeks from the designated delivery date. Seller however shall be required to make a good faith effort to deliver the goods to buyer on the designated delivery date or as soon thereafter as reasonably possible. 3. This order is subject to price increases if delivery of building is more than 60 days after order date.

Signed at Dated

12/18/2007 day of

Buyer American Steel Span, Inc.

Representative

Accepted by seller this

Payment Credit Card No. Deposit Dollar Amount

VISA

M/C / Am Exp Exp. Date

DISCOVER

BY
Its Authorized Dealer

Signature

The Card Issuer is authorized to pay the amount indicated as Total upon proper presentation. I acknowledge receipt of goods and services in the amount above. I affirm my obligations under the Cardmember Agreement.

Signature Please: TERMS AND CONDITIONS

Date:

12/18/2007

1. DEPOSIT - The deposit received herein by the Seller shall be paid by the Seller as security for the completion of this contract and shall be applied to the last shipment hereunder. If the Buyer breaches this contract, such deposit shall be forfeited to the Seller. Unless otherwise agreed upon in writing, all orders are for unrestricted shipment at Sellers convenience. Buyer may not issue instructions to delay manufacturer and/or shipment of the material. 2. PAYMENT - Payment of the total purchase price less the amount of the deposit, to be paid on delivery of goods to the buyer. Notwithstanding any other provision hereof to the contrary if at anytime, Seller in good faith determines that Buyers credit shall have become impaired. Seller may decline to make delivery hereunder except for cash in advance to secure payment and performance of the obligations as set forth in this contract. Default in payment or performance of any of the obligations is a default under this agreement. Upon such default Seller may declare all obligations immediately due to payable and shall have the remedies of a secured party as provided by law. Buyer will at any time hereafter execute such financing statements and other instruments and perform such acts as the Seller may request to establish and maintain a valid security interest in the structure or structures 3. SHIPMENT - This is not a delivery contract and Seller shall not be responsible for the delivery of the goods at any place other than the manufacturers place of business. Buyer, upon being notified that the goods are ready for shipment shall receive and accept delivery of the goods within 14 days of such notification. If any goods purchased hereunder remain unclaimed by Buyer after the expiration of such 14 day period Buyer shall pay Seller as storage charges an amount equal to 2% of the total purchase price hereunder, per month, to be billed and paid monthly. If Buyer fails to accept delivery of the goods within two months from the expiration of said 14 day period Seller may at its option and without notice treat this agreement as being materially breached in which event Seller shall have all remedies provided by law for breach of contract. 4. WARRANTIES - Seller warrants that its goods are as described on the face hereof and free from any defects in material or workmanship. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE ABOVE OBLIGATION ARE HEREBY DISCLAIMED. BUILDING SIZE IS APPROXIMATE AND INTENDED TO IDENTIFY STANDARD SIZES SOLD BY THE SELLER. NO WARRANTY OR REPRESENTATION IS GIVEN BY THE SELLER AS TO EXACT DIMENSIONS OF THE BUILDING, AS THE SAME WILL VARY DEPENDING UPON PLACEMENT OF CONCRETE. BASE IDENTIFICATION OF GAUGE IS SUBJECT TO PERMISSIBLE VARIATIONS AND INTENDED TO IDENTIFY GENERAL GAUGE DESIGNATIONS BY STEEL PRODUCERS. 5. SELLERS LIABILITY - In the event of any breach of Sellers warranties and in full satisfaction of all incidental damages, Seller at its option, will either replace the defective or nonconforming goods or refund the purchase price for such defective or nonconforming goods. Upon the return thereof to Seller, SELLER WILL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES AND UNDER NO CIRCUMSTANCES SHALL ITS LIABILITY EXCEED THE PURCHASE PRICE FOR DEFECTIVE OR NONCONFORMING GOODS. It is specifically agreed that the foregoing remedies are exclusive and in substitution for all other remedies to which Buyer would otherwise be entitled. Any claim will be conclusively deemed waived unless written notice thereof is given to Seller within thirty (30) days following receipt of the goods. Seller will be given a reasonable opportunity to investigate all claims or complaints and no goods may by returned to Seller without the written approval of Seller. 6. BUYERS MAINTENANCE & RESPONSIBILITY - It shall be the Buyers sole responsibility to investigate wind loads and snow loads in the area or territory in which the building is to be erected in order to satisfy oneself that the building to be erected is of sufficient gauge to withstand such loads. In the event that such gauge is insufficient to withstand the wind and snow loads in the area or territory in which the building is erected and damage is caused thereto or thereby, the Seller shall not be liable for any damage, losses or claims of any nature or kind, whether direct or indirect, sustained as a consequence of such insufficient gauge. It shall be the Buyers sole responsibility to investigate and ascertain the applicable zoning and building code in the area or territory in which the building is to be erected in order to satisfy oneself that the building conforms to all applicable zoning by-laws, rules, regulations, ordinances, and building codes in the said area or territory in erecting the building the Seller shall not be liable for any damages or losses, of any nature or kind, whether direct or indirect, sustained by such failure. It shall be the Buyers sole responsibility to properly maintain the building once it has been erected and in particular to insure that no damage is caused to the building by the accumulation of snow or ice on the top, ends, or sides of the structure. In the event that the building is not properly maintained as aforesaid the Buyer shall not hold the Seller responsible or liable for any damages, losses, or claims of any nature or kind, whether direct or indirect, sustained by such faults. Regardless of the applicable building code which has jurisdiction in the location in which the building is being erected, if the building purchased pursuant to the Contract has a 20 psf or greater ground snow load or roof snow load, the building is required to have endwalls installed in both ends of the building whether such endwalls are supplied by the Seller or supplied by Buyer, in order for the warranties for snow load and wind load provided herein to be valid. Buyer agrees that if Buyer is supplying its own endwalls, such endwalls shall be properly designed by an engineer to guarantee the 3-dimensional integrity of the whole building structure. Failure by Buyer to install properly engineered endwalls in connection with the erection of the building being sold pursuant to this agreement shall void any warranty contained herein regarding snow load and wind load, and Buyer releases and indemnifies Seller for all property damages and personal injuries that may occur in connection therewith. 7. SOIL CONDITION & FOUNDATION - It is the sole responsibility of the Buyer to assure that soil and subsoil conditions at the site location are of sufficient density to support and sustain pressures and forces exerted thereon by the foundation, the building purchased, and the type and quality of material stored therein. The Buyer of the building to be considered is responsible for following and complying with the specifications and instructions contained in the foundation manual supplied to the Buyer. 8. CROP STORAGE - In the event that the building purchased herein is to be used by the Buyer for crop storage, the Buyer shall comply with all requirements, instructions and conditions described in the Sellers crop storage manual. 9. REPRESENTATIVES AUTHORITY - Buyer understands and agrees that no agent, employee or representative of Seller has authority to bind Seller to any affirmation, representation or warranty concerning the goods sold hereunder ????? building to be erected there from, which is not set forth herein, and Buyer further understands and agrees that any such affirmation of fact or representation made by any such agent, employee or representative which is not set forth herein should not constitute a warranty. 10. ARBITRATION - All claims, disputes and other matters in question arising out of or relating to this agreement of sale, or breach hereof, shall be submitted to binding arbitration in the city of Fargo, North Dakota. 11. RISK OF LOSS - Seller shall not be responsible for loss of or damage to goods in transit or during erection or construction. In case of loss or damage, claims must be made against the carrier or erection contractor by the Buyer. 12. TRANSPORTATION COSTS - Seller shall not be responsible for spotting, switching, demurrage or other transportation charges unless agreed to in writing.

13. FORCE MAJEURE- Failure of Seller to make, or Buyer to take all or any part of any shipment hereunder, if such failure is due to acts of God, war, labor difficulties, breakdown or damage to Sellers plant facilities or Buyers receiving facilities, embargoes, shortages of raw materials or transportation equipment, compliance with any law, regulation or order of any public authority and any cause beyond either partys control shall not subject such party to any liability to the other party. 14. SOLE AGREEMENT - This writing is intended by the parties as the final expression of their agreement and is intended also as a complete and exclusive statement of the terms and conditions of their agreement which can be modified or rescinded only by a writing signed by both parties or their duly authorized agents. 15. NON-WAIVER - Waiver by either Seller or Buyer of a breach of any provision hereof shall not be deemed a waiver of future compliance therewith and such provision shall remain in full force and effect.