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<br />SECOND AMENDMENT TO DEED OF TRUST, MORTGAGE,
<br />OPEN END MORTGAGE, FEE AND LEASEHOLD MORTGAGE,
<br />ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT,
<br />FIXTURE FILING AND FINANCING STATEMENT
<br />(HALL COUNTY, NE)
<br />THIS SECOND AMENDMENT TO DEED OF TRUST, MORTGAGE, OPEN END
<br />MORTGAGE, h'EE AND LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND
<br />RENTS, SECURITY AGREEMENT, FIXTURE FILING ANU FINANCING STATEMENT
<br />("Amendment") is entered into as of the ~ ~ - day of May, 2010 to be effective as of the 1st
<br />day of May, 201.0, by and between the Mortgagors and the Administrative Agent.
<br />RECITALS:
<br />A. SemMaterials Energy Partners, L.L.C. ("SMEP LLC"), Trustee and
<br />Administrative Agent have entered into that certain Deed of Trust, Mortgage, Open End
<br />Mortgage, Fee and Leasehold Mortgage, Assignment of [.eases and Rents, Security Agreement,
<br />Fixture Filing and Financing Statement dated as of the 20th day of February, 2008 and recorded
<br />in the official records of Hall County, Nebraska as Document No. 200806505 (as amended, the
<br />"Security Instrument"), which encumbers the real property described in EXHIBIT A attached
<br />hereto.
<br />B. Pursuant to a First Amendment, Reaffirmation, and Joinder to Deed of Trust,
<br />Mortgage, Open End Mortgage, Fee and Leasehold Mortgage, Assignment of Leases and Rents,
<br />Security Agreement, Fixture Filing and Financing Statement dated April 7, 2009, SGLP Asphalt,
<br />L.L.C. ("SGLP LLC") was joined as a "Mortgagor" to the Security Instrument, and agreed to be
<br />bound by all of the terms, conditions and covenants of the Security Instrument.
<br />C. SMEP L,I,C has filed a Certificate of Amendment with the Delaware Division of
<br />Corporations whereby SMEP LLC has changed its name to "BKEP Materials, L.L.C.", and has
<br />subsequently converted from a Delaware limited liability company to a Texas limited liability
<br />company pursuant to a Certificate of Conversion filed with the 'Texas Secretary of State. SGLP
<br />LLC has filed Articles of Amendment with the Texas Secretary of State whereby SGLP LLC has
<br />changed its name to "BKEP Asphalt, L.L.C."
<br />D. "fhe Mortgagors and Administrative Agent now desire to amend and modify
<br />certain of the terms of the Security Instrument to reflect the name changes to the Mortgagors.
<br />E. All capitalised terms used but not specifically defined in this Amendment shall
<br />have the same meanings assigned to such terms in the Security Instrument.
<br />SECOND AMENDMENT TO SECURITY INSTRUMENT PACE 1
<br />21 -Hall County, NE
<br />DB I /G4142482.2
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