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200206623
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200206623
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Last modified
10/15/2011 12:34:46 AM
Creation date
10/22/2005 8:53:57 PM
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DEEDS
Inst Number
200206623
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200206623 <br />THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY <br />AGREEMENT THAT SECURES AN OBLIGATION WHICH THE TRUSTOR <br />INCURRED FOR THE PURPOSE OF MAKING AN IMPROVEMENT OF THE <br />REAL ESTATE IN WHICH THE SECURITY INTEREST IS HEREBY GIVEN AND <br />IS INTENDED TO CREATE A CONSTRUCTION SECURITY INTEREST. <br />Recitals <br />Global Industries holds fee simple title to the real property legally described in <br />Exhibit A attached hereto. <br />Hall County holds a leasehold estate in and to the real property legally <br />described in Exhibit A attached hereto, pursuant to the terms and conditions of a Site Lease <br />dated as of December 1, 2000 (the "Site Lease "), from Global Industries, as lessor, to Hall <br />County, as lessee. <br />Pursuant to the terms and conditions of a Lease and Agreement dated as of <br />December 1, 2000 ( the "Lease Agreement "), Hall County has leased to Global Industries, <br />among other things, (i) the real property legally described in Exhibit A attached hereto, (ii) <br />all structures and buildings and leasehold improvements now or at any time located thereon <br />and (iii) all equipment, machinery, fixtures and other personal property owned by Hall <br />County and used in connection therewith or installed thereon. <br />To induce the Beneficiary to extend certain financial accommodations to or for <br />the account of Global Industries, including without limitation issuance by the Beneficiary of <br />a letter of credit to provide for payment of those certain industrial development revenue <br />bonds issued by Hall County, as more fully described in the Lease Agreement, (a) the <br />Beneficiary has required the execution and delivery of this Deed of Trust by both Global <br />Industries and Hall County, whereupon all right, title, claim and interest of Global Industries <br />and Hall County, respectively, in and to the real and personal property hereinafter described, <br />including without limitation all fee and leasehold estates held by them, shall be subjected to <br />the lien hereof, and (b) Global Industries has requested, and thus consents to, the execution <br />of this Deed of Trust by Hall County. <br />ACCORDINGLY, in consideration of the premises and for other good and <br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the <br />parties hereto hereby agree as follows: <br />To the extent of each Trustor's estate, right, title and interest to the Property as <br />defined below, each Trustor hereby irrevocably grants, transfers, pledges and assigns to <br />Trustee, its successors and assigns, IN TRUST, WITH POWER OF SALE and right of entry <br />and possession, and grants a security interest in all of such Trustor's estate, right, title and <br />interest in any and all of the following described property which is (except where the context <br />otherwise requires) herein collectively called the "Property," whether now owned or held or <br />hereafter acquired, and any proceeds thereof or accessions thereto, including: <br />
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