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<br /> Trust Estate, and with Collateral Agent's prior written consent, (i) sell, assign, convey or otherwise transfer any
<br /> interest therein to any person legally empowered to take such interest under the power of eminent domain, (H) grant
<br /> easements and other rights in the nature of easements, (iii) release existing easements or other rights in the nature of
<br /> easements which are for the benefit of the Trust Estate, (iv) dedicate or transfer unimproved portions of the Trust
<br /> Estate for road, highway or other public purposes, (v) execute petitions to have the Trust Estate annexed to any
<br /> municipal corporation or utility district, and (vi) execute and deliver to any person any instrument appropriate to
<br /> confirm or effect such grants, releases, dedications and transfers.
<br /> Section 4.03. Collateral Agent's Power. At any time, or from time to time, without liability therefor,
<br /> Collateral Agent, without affecting the personal liability of any person for payment of the Obligations or the effect of
<br /> this Deed of Trust upon the remainder of said Trust Estate, may from time to time without notice, solely in order to
<br /> protect the security hereof or to pay or discharge the Obligations in the event Grantor fails to do so, (i) release any
<br /> part of said Trust Estate, (ii) consent in writing to the making of any map or plat thereof, (Hi) join in any extension
<br /> agreement or any agreement subordinating the lien or charge hereof, (iv) release any person so liable, (v) extend the
<br /> maturity or alter any of the terms of any Obligations, (vi) grant other indulgences, (vii) take or release any other or
<br /> additional security for any Obligations, (viii) make compositions or other arrangements with debtors in relation thereto,
<br /> or(ix) advance additional funds and all amounts so advanced shall be secured hereby and shall be due and payable
<br /> upon demand by Collateral Agent.
<br /> Section 4.04. Priority of Loan Agreement. In the event that any Loan Agreement provides for any
<br /> covenants or requirements that are inconsistent with the provisions of this Article IV, the Loan Agreement provisions
<br /> shall control.
<br /> ARTICLE V
<br /> SECURITY INTEREST
<br /> Section 5 01 Security Agreement. With respect to the Personal Property or any portion of the Trust
<br /> Estate which constitutes fixtures or other property governed by the UCC, this Deed of Trust shall constitute a security
<br /> agreement between Grantor, as the debtor, and Collateral Agent, as the secured party, and Grantor hereby grants to
<br /> Collateral Agent a security interest in such portion of the Trust Estate. Cumulative of all other rights of Collateral
<br /> Agent hereunder, Collateral Agent shall have all of the rights conferred upon secured parties by the UCC. Grantor
<br /> authorizes Collateral Agent to file financing statements with respect to the security interest of Collateral Agent,
<br /> continuation statements with respect thereto, and any amendments to such financing statements which may allowed
<br /> pursuant to the Loan Documents. Furthermore, at any time, and from time to time, Grantor will execute and deliver to
<br /> Collateral Agent all financing statements that may from time to time be required by Collateral Agent to establish and
<br /> maintain the validity and priority of the security interest of Collateral Agent, or any modification thereof. Collateral
<br /> Agent may exercise any or all of the remedies of a secured party available to it under the UCC with respect to such
<br /> property If, upon the occurrence and during the continuance of an Event of Default, Collateral Agent proceeds to
<br /> dispose of such property in accordance with the provisions of the UCC, 10 days' notice by Collateral Agent to Grantor
<br /> shall be deemed to be reasonable notice under any provision of the UCC requiring such notice; provided, however,
<br /> that Collateral Agent may at its option dispose of such property in accordance with Collateral Agent's rights and
<br /> remedies with respect to the real property pursuant to the provisions of this Deed of Trust, in lieu of proceeding under
<br /> the UCC. Grantor represents that its exact legal name and state of formation or organization are as set forth in the
<br /> first paragraph of this Deed of Trust. Grantor agrees that, notwithstanding any provision in the UCC to the contrary,
<br /> Grantor shall not file a termination statement of any financing statement filed by Collateral Agent in connection with
<br /> any security interest granted under this Deed of Trust if Collateral Agent reasonably objects to the filing of such
<br /> termination statement.
<br /> Section 5.02. Effective as a Financing Statement and Fixture Filing. This Deed of Trust shall be
<br /> effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Trust Estate
<br /> and is to be filed for record in the real estate records of each county where any part of the Trust Estate(including said
<br /> fixtures) is situated This Deed of Trust shall also be effective as a financing statement covering any other portion of
<br /> the Trust Estate and may be filed in any other appropriate filing or recording office. The mailing address of Grantor is
<br /> the address of Grantor set forth in the introductory paragraph of this Deed of Trust, and the address of the Collateral
<br /> Agent from which information concerning the security interests hereunder may be obtained is the address of
<br /> Collateral Agent as set forth in the introductory paragraph of this Deed of Trust. A carbon, photographic or other
<br /> reproduction of this Deed of Trust or of any financing statement relating to this Deed of Trust shall be sufficient as a
<br /> financing statement for any of the purposes referred to in this Section.
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<br /> 4821-4372-3794 1
<br /> STORE/Concord
<br /> 721 Diers Avenue,Grand Island, NE 68803
<br /> File No:7210/02-81.13
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