0001193125-11-050158 Sample Contracts

GUARANTY AGREEMENT
Guaranty Agreement • February 28th, 2011 • Goldfield Corp • Water, sewer, pipeline, comm & power line construction • Florida

As an inducement to Branch Banking and Trust Company and/or BB&T Financial, FSB (collectively “Bank”), to extend credit to and to otherwise deal with The Goldfield Corporation (“Borrower”), and in consideration thereof, the undersigned (and each of the undersigned jointly and severally if more than one) hereby absolutely and unconditionally guarantees to Bank and its successors and assigns the due and punctual payment of any and all notes, drafts, debts, obligations and liabilities, primary or secondary (whether by way of endorsement or otherwise), of Borrower, at any time, now or hereafter, incurred with or held by Bank, together with interest, as and when the same become due and payable, whether by acceleration or otherwise, in accordance with the terms of any such notes, drafts, debts, obligations or liabilities or agreements evidencing any such indebtedness, obligation or liability including all renewals, extensions and modifications thereof. The obligation of the undersigned is a

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LOAN AGREEMENT Account Number
Loan Agreement • February 28th, 2011 • Goldfield Corp • Water, sewer, pipeline, comm & power line construction • Florida
BB&T SECURITY AGREEMENT
Security Agreement • February 28th, 2011 • Goldfield Corp • Water, sewer, pipeline, comm & power line construction • Florida

This Security Agreement (“Security Agreement”) is made February 22, 2011, between Southeast Power Corporation (“Debtor”), and Branch Banking and Trust Company, a North Carolina banking corporation (“Secured Party”).

NOTE MODIFICATION AGREEMENT
Note Modification Agreement • February 28th, 2011 • Goldfield Corp • Water, sewer, pipeline, comm & power line construction

This Note Modification Agreement (hereinafter Agreement) is made and entered into this 22nd day of February, 2011, by and between The Goldfield Corporation, maker(s), co-maker(s), endorser(s), or other obligor(s) on the Promissory Note (as defined below), hereinafter also referred to jointly and severally as Borrower(s); Branch Banking and Trust Company, a North Carolina banking corporation, hereinafter referred to as Bank.

Branch Banking & Trust Co.
Goldfield Corp • February 28th, 2011 • Water, sewer, pipeline, comm & power line construction

At your request, Branch Banking and Trust Company (“Bank”) has agreed to release Oak Park of Brevard, Inc., as a guarantor of payment of the loan(s) of The Goldfield Corporation (“Borrower”), under its Guaranty Agreement dated August 26, 2005 and March 14, 2006, subject to and with your full agreement that you, as the remaining guarantors of payment of the loan(s) of the Borrower, shall continue to be unconditionally liable for payment of such loans pursuant to the Guaranty Agreements executed by each of you.

ADDENDUM TO NOTE MODIFICATION AGREEMENT
Note Modification Agreement • February 28th, 2011 • Goldfield Corp • Water, sewer, pipeline, comm & power line construction

THIS ADDENDUM TO NOTE MODIFICATION AGREEMENT (“Addendum”) is hereby made a part of the Promissory Note dated February 22, 2011, from The Goldfield Corporation (“Borrower”) payable to the order of Branch Banking and Trust Company (“Bank”) in the principal amount of $3,000,000.00 (including all renewals, extensions, modifications and substitutions thereof, the “Note”).

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