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m > ) C <br />In 177 Zn <br />O <br />_ I,1 <br />p <br />.-s- <br />c7) <br />i t <br />O <br />cv <br />c <br />cl t F—' <br />W v.. <br />CD <br />N <br />O <br />DEED OF TRUST, SECURITY AGREEMENT AND <br />FIXTURE FINANCING STATEMENT <br />(NEBRASKA) <br />This Deed of Trust, Security Agreement and Fixture Financing Statement ( "Deed of Trust ") is <br />made this 31st day of May, 2001, by and among Global Industries, Inc. (the "Trustor "), a <br />Nebraska corporation, whose mailing address is 2928 East Highway 30, Grand Island, <br />Nebraska, 68801, Wells Fargo Bank Nebraska, National Association (the "Trustee "), a national <br />banking association, whose mailing address is 1919 Douglas Street, Omaha, Nebraska 68102, <br />and Wells Fargo Bank Nebraska, National Association (the "Beneficiary"), a national banking <br />association, whose mailing address is 1919 Douglas Street, Omaha, Nebraska, 68102. <br />WITNESSETH: <br />WHEREAS, Trustor and Beneficiary are parties to a certain Credit Agreement dated May <br />31, 2001, which Agreement sets forth the terms of certain credit facilities established by <br />Beneficiary in favor of Trustor (said Credit Agreement, is hereinafter amended or restated, the <br />"Credit Agreement "); and <br />WHEREAS, Trustor's indebtedness to Beneficiary pursuant to the Credit Agreement is <br />evidenced by one or more promissory notes executed and delivered by Trustor in the original <br />aggregate maximum principal amount of Thirteen Million Dollars ($13,000,000.00) (such notes, <br />together with interest thereon, late charges, any future advances and all extensions, <br />modifications, substitutions and renewals thereof, hereinafter collectively referred to as the <br />"Notes "). <br />NOW, THEREFORE, in consideration of the premises and for the purpose of securing: <br />a. payment of the Notes, together with interest thereon, late charges, <br />prepayment penalties, any future advances, and all extensions, modifications, <br />substitutions and renewals thereof; <br />b. payment of all other sums, fees or charges, together with interest thereon, <br />to protect the security of this Deed of Trust and performance of any covenants and <br />agreements of Trustor, whether or not set forth herein; <br />C. Performance, discharge, compliance with every term, covenant, obligation <br />and agreement of Trustor contained herein or incorporated by reference or any other <br />security instrument at any time given to secure the Notes; and <br />Page 1 of 15 <br />DOCS 146876.8 1582098 <br />Grand Island <br />