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<br /> ;0 on <br /> m :I:;b> ,....., a~ <br /> -n ~..:;:) o (f) <br /> c: m (I) <==> <br /> (fJbPu) z ():t ~\. c:;r.) 0-; <br /> On '" c 'l> <br />N 0 c_ z-; ~~ <br />cSl ~> ~ ~ r' =0 -IfTl <br /> :.z <br />cSl 0(1) '"' - -<0 a~ <br />0') Recording Requested By, "':c "'" c...:> 0"'" <br />iSl And After Recording, Return To: 0 0 <br />cSl ...." ""'z cn3" <br />-....J WELLS FARGO BANK, 9J 0 tk ::c rTl <br />co ~( <br />(Xl NATIONAL ASSOCIATION fT1 t -u ;t>OJ <br /> ~ fT1 :3 r- :;0 <br /> 1740 Broadway, 3rd Floor 'PtJf] oX <.5'...2 0 r p. <br /> en (f) <br /> Denver, Colorado 80274 ~. <:...) ;;>0;: <br /> Attn: Documentation J> <br /> ~ .............. <br /> ~ (.f> ooZ <br /> (J> 0 <br /> <br /> <br /> <br />FIRST MODIFICATION OF DEED OF TRUST AND <br />CONSTRUCTION SECURITY AGREEMENT <br />(Hall County Nebraska Real Property) <br /> <br />\) <br /> <br />- <br /> <br />CI <br /> <br /><t) <br /> <br />THIS MODIFICATION (this "Modification") is entered into as of December 20,2005, by and <br />between GLOBAL INDUSTRIES, INC. and THE COUNTY OF HALL, NEBRASKA ("Global Industries" <br />and "County of Hall" respectively, and collectively the "Trustor"), and WELLS FARGO BANK, NATIONAL <br />ASSOCIATION, successor in interest by assignment to Wells Fargo Credit, Inc. ("Beneficiary"). <br /> <br />RECITALS <br /> <br />This Modification is entered into upon the basis of the following facts and understandings of the <br />parties: <br /> <br />A. This Modification pertains to that certain Deed of Trust and Construction Security Agreement <br />dated as of June 13, 2002, executed by Trustor to Wells Fargo Credit, Inc., as Trustee, in favor of Wells <br />Fargo Credit, Inc., as beneficiary, and recorded on June 21,2002 at 2.50 p.m. as Instrument No. <br />200206623, in the Office of the Registrar of Deeds, Hall County, Nebraska ("Deed of Trust"), with respect <br />to the real property described on Exhibit A attached hereto and incorporated herein by this reference. <br /> <br />B. The notes secured by the Deed of Trust and the Deed of Trust have been assigned to Wells <br />Fargo Bank, National Association, as successor Beneficiary. The obligations secured by the Deed of <br />Trust have been modified, and Trustor and Beneficiary have agreed to modify the Deed of Trust to <br />accurately reflect the obligations secured thereby. <br /> <br />NOW, THEREFORE, the parties hereto agree as fdllows: <br /> <br />1. The Deed of Trust is hereby modified to provide that it secures the obligations of Global <br />Industries to the Beneficiary arising under that certain promissory note dated December 20, 2005, <br />executed by GLOBAL INDUSTRIES and payable to Beneficiary or its order, in the principal amount of <br />TWELVE MILliON DOLLARS ($12,000,000.00) (hereafter the "Note") which Note has been given as a <br />replacement for, and not in satisfaction of, a $10,000,000.00 revolving promissory note dated June 13, <br />2002 that has been secured by the Deed of Trust), together with interest thereon; PROVIDED, <br />HOWEVER, that at no time during the term of this Deed of Trust shall this Deed of Trust secure unpaid <br />and outstanding principal amounts in an amount in excess of TEN MILliON AND 00/100 DOLLARS <br />($10,000,000.00), and interest accruing on principal amounts advanced thereon up to but not in excess of <br />said $10,000,000.00 amount. The defined term "Credit Agreement" set forth in the Deed of Trust shall <br />refer to the Credit Agreement entered into between Global Industries and Beneficiary dated December <br />20, 2005, as same may be replaced or amended from time to time. <br /> <br />S:\Documentation\ T eam3\Nebraska -1- <br />62441\Legal\Globallndustries, Inc. (Hall County) 11-05 <br />C-520_NE.DOC (Rev. 08/05) Ob # 4375073518 <br />