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201300076
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Last modified
12/31/2013 10:46:35 AM
Creation date
1/4/2013 2:38:03 PM
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DEEDS
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201300076
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201300076 <br /> ADMINISTRATIVE AGENT: <br /> With a copy to: <br /> Any party may change its address for purposes of this paragraph by giving the other parties <br /> written notice of the new address in the manner set forth above <br /> 13 The terms hereof shall inure to the benefit of and be binding upon the parties, their <br /> successors and assigns. This Consent shall automatically terminate and be of no further force or effect <br /> upon the termination or expiration of Borrower's obligations under the Credit Agreement as evidenced by <br /> Administrative Agent's satisfaction of record of all Security Instruments encumbering each and all of the <br /> Premises. <br /> 14. Lessee hereby acknowledges and agrees that Lessee shall not enter into an extension of <br /> the maturity date of the Credit Agreement (i) if Lessee's Lease Adjusted Leverage Ratio shall exceed <br /> 5.75x, or (ii) if Lessee's Fixed Charge Coverage Ratio shall fall below 1.25, without the prior written <br /> consent of Lessor not to be unreasonably withheld or delayed. <br /> 15. In the event that any of the provisions, terms, and conditions hereof are ambiguous or <br /> inconsistent, or conflict with any of the terms and provisions of the Lease, any amendments thereto, or <br /> any other documents executed in connection therewith, the provisions, terms, and conditions of this <br /> Consent shall control <br /> 16. Unless the Administrative Agent shall expressly consent in writing, the fee title to the <br /> Premises and the leasehold estate of Lessee shall not merge but shall remain separate and distinct, <br /> notwithstanding the acquisition of said fee title and said leasehold estate by Lessor or by Lessee or by a <br /> third party, by purchase or otherwise. <br /> 17. The terms of this Consent are severable. If any of the terms and conditions hereof shall, <br /> for any reason, be deemed void, voidable, or unenforceable, the remaining terms and conditions hereof <br /> shall remain in full force and effect as though such void, voidable, or unenforceable provisions were not <br /> included <br /> 18. The undersigned hereby certify that they are authorized to sign this Consent and that all <br /> actions necessary to authorize the execution to this Consent by the undersigned have been taken, <br /> including if necessary, appropriate resolutions or approvals by the board of directors, shareholders, <br /> partners, or members, as required. <br /> 19. This Consent may only be modified by a written document signed by all of the parties <br /> hereto. <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 <br />
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