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201300072
<br /> ARTICLE VI
<br /> EVENTS OF DEFAULT AND REMEDIES
<br /> Section 6 01 Events of Default. Each of the following shall be an event of default under this Deed of Trust
<br /> (each an"Event of Default"):
<br /> (I) If Grantor fails to pay any principal or interest payment due under the Primary Note within
<br /> five days after the date such payment is due and payable.
<br /> (ii) Subject to the provisions of Section 3.04(b) of this Deed of Trust, if Grantor fails to pay,
<br /> prior to delinquency, any taxes, assessments or other charges the failure of which to pay will result in the
<br /> imposition of a lien against the Trust Estate pursuant to Applicable Regulations.
<br /> (iii) If Grantor shall fail to maintain insurance in accordance with the requirements of Section
<br /> 3.05 of this Deed of Trust.
<br /> (iv) If Grantor materially fails to observe or perform any of the covenants, conditions, or
<br /> obligations of this Deed of Trust, provided, however, if any such failure does not involve the payment of any
<br /> principal, interest or other monetary sum due under the Note or any of the Notes made pursuant to any Loan
<br /> Agreement, is not willful or intentional, does not place any rights or interest in collateral of Collateral Agent in
<br /> immediate jeopardy, and is within the reasonable power of Grantor to promptly cure after receipt of notice
<br /> thereof, all as determined by Collateral Agent, the Indenture Trustee or Lender, as applicable, in its
<br /> reasonable discretion, then such failure shall not constitute an Event of Default hereunder, unless otherwise
<br /> expressly provided herein, unless and until Collateral Agent shall have given Grantor notice thereof and a
<br /> period of 30 days shall have elapsed, during which period Grantor may correct or cure such failure, upon
<br /> failure of which an Event of Default shall be deemed to have occurred hereunder without further notice or
<br /> demand of any kind being required. If such failure cannot reasonably be cured within such 30-day period,
<br /> as determined by Collateral Agent in its reasonable discretion, and Grantor is diligently pursuing a cure of
<br /> such failure, then Grantor shall have a reasonable period to cure such failure beyond such 30-day period,
<br /> which shall in no event exceed 90 days after receiving notice of the failure from Collateral Agent. If Grantor
<br /> shall fail to correct or cure such failure within such 90-day period, an Event of Default shall be deemed to
<br /> have occurred hereunder without further notice or demand of any kind being required.
<br /> (v) If there is an "Event of Default" under any Loan Agreement and all cure periods, if any,
<br /> with respect thereto have expired without the Grantor curing such"Event of Default".
<br /> Section 6.02. Remedies. Upon the occurrence and during the continuance of an Event of Default subject
<br /> to the limitations set forth in Section 6.01. Collateral Agent may declare all or any part of the Obligations to be due
<br /> and payable, and the same shall thereupon become due and payable without any presentment, demand, protest or
<br /> notice (including notice of intent to accelerate and notice of acceleration) of any kind except as otherwise expressly
<br /> provided herein. Furthermore, upon the occurrence and during the continuance of an Event of Default, Collateral
<br /> Agent may:
<br /> (i) Either in person or by agent, with or without bringing any action or proceeding, or by a
<br /> receiver appointed by a court, and without regard to the adequacy of its security, enter upon and take
<br /> possession of the Trust Estate or any part thereof and do any acts which it deems necessary or desirable to
<br /> preserve the value, marketability or rentability of the Trust Estate, or part thereof or interest therein, increase
<br /> the income therefrom or protect the security hereof and, with or without taking possession of the Trust
<br /> Estate, take any action described herein, sue for or otherwise collect the Rents, including those past due
<br /> and unpaid, and apply the same, less costs and expenses of operation and collection including reasonable
<br /> attorneys' fees, upon any Obligations, all in such order as the Lender may determine. The entering upon
<br /> and taking possession of the Trust Estate, the taking of any action described herein, the collection of such
<br /> Rents, and the application thereof as aforesaid, shall not cure or waive any Event of Default or notice of
<br /> default or invalidate any act done in response to such Event of Default or pursuant to such notice of default
<br /> and, notwithstanding the continuance in possession of the Trust Estate or the collection, receipt and
<br /> application of Rents, the Lender shall be entitled to exercise every right provided for in any of the Loan
<br /> Documents or by law upon any Event of Default;
<br /> •
<br /> 12
<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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