
<PAGE>

                                                                  EXHIBIT 10.41

                                PROMISSORY NOTE

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  REFERENCES IN THE SHADED AREA ARE FOR LENDER'S USE ONLY AND DO NOT LIMIT THE
        APPLICABILITY OF THIS DOCUMENT TO ANY PARTICULAR LOAN OR ITEM.
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BORROWER:  EARTHSHELL CONTAINER CORP., A DELAWARE CORPORATION
           (TIN: 77-0322379)
           800 MIRAMONTE DR.
           SANTA BARBARA, CA 93109

LENDER:    MONTECITO BANK & TRUST
           1010 STATE STREET
           SANTA BARBARA, CA 90101
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PRINCIPAL AMOUNT:  $29,832.61
INTEREST RATE:  8.000% 
DATE OF NOTE: OCTOBER 31, 1997

PROMISE TO PAY.  EarthShell Container Corp., a Delaware Corporation 
("Borrower") promises to pay to Montecito Bank & Trust ("Lender"), or order, 
in lawful money of the United States of America, the principal amount of 
Twenty Nine Thousand Eight Hundred Thirty Two & 61/100 Dollars ($29,832.61), 
together with interest at the rate of 8.000% on the unpaid principal balance 
from October 31, 1997, until paid in full.

PAYMENT.  Borrower will pay this loan on demand, or if no demand is made, in 
53 payments of $657.51 each payment and an irregular test payment estimated 
at $657.49. Borrower's first payment is due November 5, 1997, and all 
subsequent payments are due on the same day of each month after that. 
Borrower's final payment will be due on April 5, 2002, and will be for all 
principal and all accrued interest not yet paid. Payments include principal 
and interest. The annual interest rate for this Note is computed on a 365/360 
basis: that is, by applying the ratio of the annual interest rate over a year 
of 360 days, multiplied by the outstanding principal balance, multiplied by 
the actual number of days the principal balance is outstanding. Borrower will 
pay Lender at Lender's address shown above or at such other place as Lender 
may designate in writing. Unless otherwise agreed or required by applicable 
law, payments will be applied first to accrued unpaid interest, then to 
principal, and any remaining amount to any unpaid collection costs and late 
charges.

PREPAYMENT.  Borrower may pay without penalty all or a portion of the amount 
owed earlier than it is due. Early payments will not, unless agreed to by 
Lender in writing, relieve Borrower of Borrower's obligation to continue to 
make payments under the payment schedule. Rather, they will reduce the 
principal balance due and may result in Borrower making fewer payments.

LATE CHARGE.  If a payment is 10 days or more late, Borrower will be charged 
9.000% of the unpaid portion of the regularly scheduled payment or $9.00, 
whichever is greater.

DEFAULT.  Borrower will be in default if any of the following happens:  (a) 
Borrower fails to make any payment when due. (b) Borrower breaks any promise 
Borrower has made to Lender, or Borrower fails to comply with or to perform 
when due any other term obligation, covenant, or condition contained in this 
Note or any agreement related to this Note, or in any other agreement or loan 
Borrower has with Lender. (c) Any representation or statement made or 
furnished to Lender by Borrower or on Borrower's behalf is false or 
misleading in any material respect either now or at the time made or 
furnished. (d) Borrower becomes insolvent, a receiver is appointed for any 
part of Borrower's property, Borrower makes an assignment for the benefit of 
creditors, or any proceeding is commenced either by Borrower or against 
Borrower under any bankruptcy or insolvency laws. (e) Any creditor tries to 
take any of Borrower's property on or in which Lender has a lien or security 
interest. This includes a garnishment of any of Borrower's accounts with 
Lender. (f) Any guarantor dies or any of the other events described in this 
default section occurs with respect to any guarantor of this Note. (g) A 
material adverse change occurs in Borrower's financial condition, or Lender 
believes the prospect of payment or performance of the indebtedness is 
impaired.

If any default, other than a default in payment, is curable and if Borrower 
has not been given a notice of a breach of the same provision of this Note 
within the preceding twelve (12) months, it may be cured (and no event of 
default will have occurred) if Borrower, after receiving written notice from 
Lender demanding cure of such default:  (a) cures the default within fifteen 
(15) days; or (b) if the cure requires more than fifteen (15) days, 
immediately initiates steps which Lender deems in Lender's sole discretion to 
be sufficient to cure the default and thereafter continues and completes all 
reasonable and necessary steps sufficient to produce compliance as soon as 
reasonably practical.

LENDER'S RIGHTS.  Upon default, Lender may declare the entire unpaid 
principal balance on this Note and all accrued unpaid interest immediately 
due, without notice, and then Borrower will pay that amount. Upon Borrower's 
failure to pay all amounts declared due pursuant to this section, including 
failure to pay upon final maturity, Lender, at its option, may also, if 
permitted under applicable law, increase the interest rate on this Note 5.000 
percentage points. Lender may hire or pay someone else to help collect this 
Note if Borrower does not pay. Borrower also will pay Lender that amount. 
This includes, subject to any limits under applicable law, Lender's 
attorneys' fees and Lender's legal expenses whether or not there is a 
lawsuit, including attorneys' fees and legal expenses for bankruptcy 
proceedings (including efforts to modify or vacate any automatic stay or 
injunction), appeals, and any anticipated post-judgment collection services. 
Borrower also will pay any court costs, in addition to all other sums 
provided by law. This Note has been delivered to Lender and accepted by 
Lender in the State of California. If there is a lawsuit, Borrower agrees 
upon Lender's request to submit to the jurisdiction of the courts of Santa 
Barbara County, the State of California. Subject to the provisions on 
arbitration, this Note shall be governed by and construed in accordance with 
the laws of the State of California.

DISHONORED ITEM FEE.  Borrower will pay a fee to Lender of $18.00 if Borrower 
makes a payment on Borrower's loan and the check or preauthorized charge with 
which Borrower pays is later dishonored.

RIGHT OF SETOFF.  Borrower grants to Lender a contractual possessory security 
interest in, and hereby assigns, conveys, delivers, pledges, and transfers to 
Lender all Borrower's right, title and interest in and to, Borrower's 
accounts with Lender (whether checking, savings, or some other account), 
including without limitation all accounts held jointly with someone else and 
all accounts Borrower may open in the future, excluding however all IRA and 
Keogh accounts, and all trust accounts for which the grant of a security 
interest would be prohibited by law. Borrower authorizes Lender, to the 
extent permitted by applicable law, to charge or setoff all sums owing on 
this Note against any and all such accounts.

ARBITRATION.  Lender and Borrower agree that all disputes, claims and 
controversies between them, whether individual, joint or class in nature, 
arising from this Note or otherwise, including without limitation contract 
and tort disputes, shall be arbitrated pursuant to the Rules of the American 
Arbitration Association, upon request of either party. No act to take or 
dispose of any collateral securing this Note shall constitute a waiver of 
this arbitration agreement or be prohibited by this arbitration agreement. 
This includes, without limitation, obtaining injunctive relief or a temporary 
restraining order; invoking a power of sale under any deed of trust or 
mortgage; obtaining a writ of attachment or imposition of a receiver; or 
exercising any rights relating to personal property, including taking or 
disposing of such property with or without judicial process pursuant to 
Article 9 of the Uniform Commercial Code. Any disputes, claims, or 
controversies concerning the lawfulness or reasonableness of any act, or 
exercise of any right, concerning any collateral securing this Note, 
including any claim to rescind, reform, or otherwise modify any agreement 
relating to the collateral securing this Note, shall also be arbitrated, 
provided however that no arbitrator shall have the right or the power to 
enjoin or restrain any act of any party. Lender and Borrower agree that in 
the event of an action for judicial foreclosure pursuant to California Code 
of Civil Procedure Section 726, or any similar provision in any other state, 
the commencement of such an action will not constitute a waiver of the right 
to arbitrate and the court shall refer to arbitration as much of such action, 
including counterclaims, as lawfully may be referred to arbitration. Judgment 
upon any award rendered by any arbitrator may be entered in any court having 
jurisdiction. Nothing in this Note shall preclude any party from seeking 
equitable relief from a court of competent jurisdiction. The statute of 
limitations, estoppel, waiver, laches, and similar doctrines which would 
otherwise be applicable in an action brought by a party shall be applicable 
in any arbitration proceeding, and the commencement of an arbitration 
proceeding shall be deemed the commencement of an action for these purposes. 
The Federal Arbitration Act shall apply to the construction, interpretation, 
and enforcement of this arbitration provision.

GENERAL PROVISIONS.  This Note is payable on demand. The inclusion of 
specific default provisions or rights of Lender shall not preclude Lender's 
right to declare payment of this Note on its demand. Lender may delay or 
forgo enforcing any of its rights or remedies under this Note without losing 
them. Borrower and any other person who signs, guarantees or endorses this 
Note, to the extent allowed by law, waive any applicable statute of 
limitations, presentment, demand for payment, protest and notice of dishonor. 
Upon any change in the terms of this Note, and unless otherwise expressly 
stated in writing, no party who signs this Note, whether as maker, guarantor, 
accommodation maker or endorser, shall be released from liability. All such 
parties agree that Lender may renew or extend (repeatedly and for any length 
of time) this loan, or release any party or guarantor or collateral or 
impair, fail to realize upon or perfect Lender's security interest in the 
collateral; and take any other action deemed necessary by Lender without the 
consent of or notice to anyone. All such parties also agree that Lender may 
modify this loan without the consent of or notice to anyone other than the 
party with whom the modification is made.
<PAGE>

10-31-97                        PROMISSORY NOTE                           Page 2
LOAN NO 004-2-16415               (CONTINUED)
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PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL PROVISIONS OF 
THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT 
OF A COMPLETED COPY OF THE NOTE.

BORROWER:

EarthShell Container Corp., a Delaware Corporation

By: /s/ Scott Houston
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    Scott Houston, Chief Financial Officer

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