SEVENTEENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT

THIS SEVENTEENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is made and entered into on September 17, 2008, by and among SMF Energy Corporation , a Delaware corporation and successor-by-merger to Streicher Mobile Fueling, Inc., a Florida corporation ("SMF"); SMF Services, Inc. , a Delaware corporation ("SSI"); H & W Petroleum Company, Inc. , a Texas corporation ("H & W" and, together with SMF and SSI, collectively, "Borrower"); and Wachovia Bank, National Association , a national banking association and successor-by-merger to Congress Financial Corporation (Florida) ("Lender").

A.   Borrower and Lender are parties to that certain Loan and Security Agreement dated September 26, 2002 (as at any time amended, restated, supplemented or otherwise modified, the "Loan Agreement"). The Obligations under (and as defined in) the Loan Agreement are guaranteed by Streicher Realty, Inc. , a Florida corporation ("Guarantor").

B.   The parties hereto desire to amend the Loan Agreement upon the terms and subject to the conditions hereinafter set forth.

NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby severally acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:

1.   Each capitalized term used in this Amendment, unless otherwise defined herein, shall have the meaning ascribed to such term in the Loan Agreement.

2.   Subject to the satisfaction of each of the conditions precedent set forth in this Amendment, the Loan Agreement is hereby amended, effective as of September 1, 2008, as follows:

(a)   By deleting Section 1.37 of the Loan Agreement in its entirety and by substituting in lieu thereof the following:

"Interest Rate" shall mean:

(A)   during the period commencing on September 1, 2008, and ending on September 30, 2008, as to Prime Rate Loans, the rate of three-quarters percent (0.75%) per annum in excess of the Prime Rate; and

(B)   during the period commencing on October 1, 2008, and ending on the last day of the month in which Lender receives and reviews the monthly financial statements and compliance certificate required to be delivered by Borrower pursuant to Section 9.6(a) of this Agreement for the month ending on September 30, 2008, as to all Loans, the rate of two and three-quarters percent (2.75%) per annum in excess of the Prime Rate; and

(C)   commencing on the first day of the month immediately following the month in which Lender receives and reviews the monthly financial statements and compliance certificate required to be delivered by Borrower pursuant to Section 9.6(a) of this Agreement for the month ending on September 30, 2008, as to all Loans, the rate of interest determined on a quarterly basis according to the performance of Borrower as measured by the ratio of EBITDA to Fixed Charges, for the period of four (4) fiscal quarters ended on the last day of the fiscal quarter immediately preceding the applicable Adjustment Date (as defined below)(except that, for the fiscal quarters ending on September 30, 2008, and December 31, 2008, the Borrower's ratio of EBITDA to Fixed Charges for purposes of this definition shall be calculated for the periods beginning on February 1, 2008, and ending on the applicable date), as follows:

; provided   that (i) the Interest Rate shall thereafter be subject to reduction or increase, as applicable and as set forth in the table above, on a quarterly basis according to the performance of Borrower as measured by the ratio of EBITDA to Fixed Charges as of the last day of the fiscal quarter immediately preceding the applicable Adjustment Date, for the period of four (4) fiscal quarters ended on the last day of the fiscal quarter immediately preceding the applicable Adjustment Date   (except that, for the fiscal quarters ending on September 30, 2008, and December 31, 2008, the Borrower's ratio of EBITDA to Fixed Charges for purposes of this definition shall be calculated for the periods beginning on February 1, 2008, and ending on the applicable date); (ii) except as set forth in clause (iii) below, any increase or reduction in the Interest Rate provided for in this subsection (C) shall be effective on the first day of the month immediately following Lender's receipt and review of the applicable financial statements and corresponding compliance certificate (each, an "Adjustment Date"); (iii) if the financial statements and the corresponding compliance certificate of Borrower setting forth the ratio of EBITDA to Fixed Charges are not received by Lender on or prior to the date required pursuant to Section 9.6(a) of this Agreement, the Interest Rate shall be determined as if the ratio of EBITDA to Fixed Charges is less than 1.0 to 1.0 (without regard to the actual ratio of EBITDA to Fixed Charges) until such time as such financial statements and compliance certificate are received by Lender and any Event of Default resulting from Borrower's failure to timely deliver such financial statements or compliance certificate is waived in writing by Lender; (iv) Lender shall be entitled to accrue and receive interest at the Default Rate as defined in, and to the extent authorized by, subsection (D) below, and, on each date that the Default Rate accrues on any Loans, the Interest Rate on such date for such Loans shall be determined as if the ratio of EBITDA to Fixed Charges is less than 1.0 to 1.0 (without regard to the actual ratio of EBITDA to Fixed Charges); (v) for the final fiscal quarter of any fiscal year, Borrower may provide the monthly unaudited financial statements of Borrower required under Section 9.6(a) of this Agreement for the purpose of determining the Interest Rate; however , if, upon delivery of the annual audited financial statements required to be submitted by Borrower to Lender pursuant to Section 9.6(a) of this Agreement, Borrower has not met the criteria for reduction of the Interest Rate pursuant to the terms hereinabove for the final fiscal quarter of the fiscal year then ended, then (x) such Interest Rate reduction shall be terminated and, effective on the first day of the month immediately following the month in which Lender receives and reviews such audited financial statements, the Interest Rate shall be the Interest Rate that would have been in effect if such reduction had not been implemented based upon the monthly unaudited financial statements of Borrower for the final fiscal quarter of the fiscal year then ended, and (x) Borrower shall pay to Lender, on demand, the amount equal to the difference between the amount of interest and fees that would have been paid using the Interest Rate determined based upon such audited financial statements and the amount of interest and fees actually paid during the period in which the reduction of the Interest Rate was in effect based upon the monthly unaudited financial statements for the final fiscal quarter of the fiscal year then ended; and

(D)   notwithstanding anything to the contrary contained herein, at Lender's option and without notice, the rate of interest (the "Default Rate") equal to three percent (3.00%) per annum in excess of rate of interest set forth in subsection (A), (B) or (C) above, as applicable, (i) during the period from and after the date of termination or non-renewal of this Agreement until such time as all Obligations are indefeasibly paid and satisfied in full in immediately available funds; (ii) during the period from and after the date of the occurrence of any Event of Default, and for so long as such Event of Default is continui