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200206623 Section 5.8 Headings. The headings of the sections in this Deed of Trust are inserted solely for convenience of reference, and are not intended to govern, limit or aid in the construction of any term or provision hereof Section 5.9 Gender and Number. Whenever the context so requires, the neuter gender herein shall include the masculine or feminine or both, and the singular number shall include the plural. Section 5.10 Counterpart s. This Deed of Trust may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same deed of trust. Section 5.11 Governing Jurisdiction. This Deed of Trust shall be governed by and construed under the laws of the State of Nebraska, which shall be the "Governing Jurisdiction" as used herein. Section 5.12 Definition of Terms. Unless otherwise expressly stated, the term "Trustor" as used herein includes a Truster's successors and interests and assigns; the word "Trustee" as used herein includes Trustee's successors in interest and assigns; and the word "Beneficiary" as used herein, includes Beneficiary's successors in interest and assigns. Section 5.13 Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. This Deed of Trust is a construction mortgage under Nebraska law, to secure an obligation incurred for the construction of an improvement on land, including the acquisition costs of the land. This Deed of Trust secures a construction loan, and it will be subject to the terms of the Credit Agreement. Any materials, equipment or supplies used or intended for use in the construction, development, or operation of the Property, whether stored on or off the Property, shall also be subject to the lien of this Deed of Trust. Global Industries, or its contractor if loan proceeds are paid to such contractor, shall apply the loan proceeds to the payment of lawful claims for labor and material furnished for such construction. [Signature Page Follows] Deed of Trust -15-