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<br /> reasonable discretion) may acquire or obtain an assignment of the interest of Lessee under the Lease by
<br /> (i)judicial or non-judicial foreclosure, (ii) assignment in lieu of foreclosure, or(iii) Administrative Agent or
<br /> one or more of the Lenders obtaining a New Lease pursuant to paragraph 7 of this Consent.
<br /> (b) Any subsequent assignment of the Lease, after any assignment to or acquisition
<br /> by Lender as provided for in 3(a) above, shall occur in accordance with assignment of provisions of the
<br /> Lease.
<br /> (c) Upon an assignment of the Lease by Administrative Agent or one or more of the
<br /> Lenders as provided for in 3(b) above, Administrative Agent or one or more of the Lenders, as the case
<br /> may be, shall have no liability under the Lease for obligations arising after said assignment
<br /> Notwithstanding anything herein to the contrary, in the event Administrative Agent or one or more of the
<br /> Lenders, as the case may be, shall have notified Lessor in writing of Administrative Agent or one or more
<br /> of the Lenders' intent to surrender the Premises to Lessor, all obligations of Administrative Agent or one
<br /> or more of the Lenders under the Lease after such surrender shall terminate. Further, subject to the
<br /> terms of this Consent, including without limitation Paragraph 4 below; Lessor shall retain the right to
<br /> terminate the Lease within the terms thereof and hereunder if rent and other sums due under the Lease
<br /> are not paid by Lessee, Administrative Agent, Lenders, or their respective successors-in-interest, or for
<br /> any other reason specified in the Lease.
<br /> (d) Lessor may not terminate the Lease because of any default or breach thereunder
<br /> on the part of Lessee without giving the Administrative Agent written notice of such default or breach and
<br /> such default or breach shall remain uncured after Lessor shall have afforded Administrative Agent a
<br /> period in which to cure such default or breach which is (A) in the case of default in the payment of rent or
<br /> other monetary obligation, ten (10) Business Days after the Administrative Agent's receipt of such notice
<br /> of default, and (B) in the case of any other default (30) days after the Administrative Agent's receipt of
<br /> such notice of default or breach; provided, however, if the default or breach is not so curable,
<br /> Administrative Agent commences, or causes a receiver appointed pursuant to the Security Instrument to
<br /> commence, and thereafter to diligently pursue to completion, proceedings to foreclose on the leasehold
<br /> covered by the Security Instrument and keeps and performs all of the covenants and conditions of the
<br /> Lease requiring the payment or expenditure of money by Lessee until such time as the leasehold is sold
<br /> upon foreclosure pursuant to the Security Instrument, or is released or reconveyed thereunder, or is
<br /> transferred upon judicial foreclosure or by an assignment in lieu of foreclosure, such cure period shall be
<br /> extended. Lessor agrees that in effecting a cure of any Event of Default under the Lease, Administrative
<br /> Agent shall have no obligation to cure any Event of Default which is not reasonably susceptible to being
<br /> cured by Administrative Agent (including without limitation Events of Default under Sections 12.01(a), (d),
<br /> (h) and (k)), none of which shall be construed as continuing Events of Default upon Administrative
<br /> Agent's cure of such Events of Default which are reasonably susceptible of being cured by Administrative
<br /> Agent
<br /> 4. Subject to applicable law, any and all eminent domain or condemnation awards or
<br /> damages payable and applied in accordance with the terms of the Lease. For purposes of allocating the
<br /> awards and damages in any such proceedings, Lessee's leasehold interest shall not be deemed
<br /> automatically terminated by such eminent domain or condemnation proceedings; and Lessee shall be
<br /> entitled to an award for damages for any partial or total loss of Lessee's leasehold estate if specifically
<br /> allowed and paid by the entity exercising the condemnation.
<br /> 5 Neither bankruptcy, insolvency, nor the appointment of a receiver or trustee shall be a
<br /> condition of default under, or otherwise affect, the Lease so long as the obligations of Lessee, as set forth
<br /> in the Lease, are being fully performed by Lessee.
<br /> 6. In the event of a termination of the Lease prior to the expiration of the term thereof
<br /> (including, without limitation, by reason of any termination of the Lease by Lessee or its trustee pursuant
<br /> to Section 365 (h) of the Federal Bankruptcy Code, 11 U.S.C. Sections 101, et seq., as amended), Lessor
<br /> shall send Administrative Agent written notice of such termination together with a statement of any and all
<br /> 4824-7107-7650 1
<br /> STORE/Concord
<br /> SNDA
<br /> 721 Diers Ave.,Grand Island,NE 68803
<br /> File No 7210/02-81 13
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