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201300072 <br /> Grantor hereby appoints the Collateral Agent as agent and attorney in fact(which is coupled with an interest <br /> and is therefore irrevocable)for the Collateral Agent to collect such insurance premiums; and <br /> (vii) Sell Grantor's interest in the Trust Estate pursuant to the power of sale herein conferred. <br /> If Collateral Agent elects to sell Grantor's interest in the Trust Estate by exercise of such power of sale, <br /> Collateral Agent shall notify Trustee to cause such sale to be performed in the manner then required by law <br /> (aa) Upon receipt of notice from Collateral Agent and at the direction of Collateral Agent, <br /> Trustee shall cause to be recorded, published and delivered such notices of default and notices of sale as <br /> may then be required by law and by this Deed of Trust. Collateral Agent shall, only at the direction of <br /> Lender, and without demand on Grantor, after such time as may then be required by law and after <br /> recordation of such notice of default and after notice of sale having been given as required by law, sell <br /> Grantor's interest, in the Trust Estate at the time and place of sale fixed by Collateral Agent, either as a <br /> whole, or in separate lots or parcels or items as Collateral Agent shall deem expedient, and in such order as <br /> it may determine, at public auction to the highest bidder for cash in lawful money of the United States <br /> payable at the time of sale, or as otherwise may then be required by law. Trustee shall deliver to such <br /> purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, with <br /> general warranty of title by Grantor, as applicable. The recitals in such deed of any matters or facts shall be <br /> conclusive proof of the truthfulness thereof Any person, including, without limitation, Trustee, Grantor or <br /> Collateral Agent, may purchase at such sale. Trustee or Collateral Agent may sell not only the real property <br /> but also the Personal Property and other interests which are a part of the Trust Estate, or any part thereof, <br /> as a unit and as a part of a single sale, or may sell any part of the Trust Estate separately from the <br /> remainder of the Trust Estate. Trustee and Collateral Agent shall not be required to take possession of any <br /> part of the Trust Estate or to have any of the Personal Property present at any sale of the Trust Estate. <br /> Trustee or Collateral Agent may appoint or delegate any one or more persons as agent to perform any act or <br /> acts necessary or incident to any sale held by Trustee or Collateral Agent, including the posting of notices <br /> and the conduct of sale, but in the name and on behalf of Collateral Agent. In the event any sale hereunder <br /> is not completed or is defective in the opinion of Trustee or Collateral Agent, such sale shall not exhaust the <br /> power of sale hereunder, and Trustee or Collateral Agent shall have the right to cause a subsequent sale or <br /> sales to be made hereunder until all of the Trust Estate has been lawfully sold. <br /> (bb) As may be permitted by law, Trustee or Collateral Agent shall apply the proceeds of sale <br /> (i) first, to payment of all costs, fees and expenses, including attorneys' fees and expenses incurred by the <br /> Collateral Agent in exercising the power of sale or foreclosing this Deed of Trust, (ii) second, to the payment <br /> of the Obligations (including,without limitation, the principal, accrued interest and other sums due and owing <br /> under the Note and the amounts due and owing to Collateral Agent under this Deed of Trust) in such <br /> manner and order as Collateral Agent may elect, and (iii) third, the remainder, if any, shall be paid to <br /> Grantor, or to Grantor's heirs, devisees, representatives, successors or assigns, or such other persons as <br /> may be entitled thereto. <br /> (cc) Trustee or Collateral Agent may in the manner provided by law postpone sale of all or any <br /> portion of the Trust Estate. <br /> Section 6.03. Appointment of Receiver If an Event of Default shall have occurred and be continuing, <br /> Collateral Agent, as a matter of right and without notice to Grantor or anyone claiming under Grantor, Grantor hereby <br /> waiving any right to a hearing or notice of hearing prior to the appointment of a receiver, and without regard to any <br /> showing of insolvency, fraud or mismanagement and without regard to the then sufficiency of the security for the <br /> payment of the Obligations and without notice to Grantor and without any showing of insolvency, fraud or <br /> mismanagement on the part of the Grantor, and without the necessity of filing any judicial or other proceeding other <br /> than the proceeding for appointment of a receiver, shall be entitled to the appointment of a receiver or receivers of the <br /> Trust Estate or any part thereof, and of the income, rents, issues and profits thereof, and Grantor hereby irrevocably <br /> consents to the appointment of a receiver or receivers Any receivers appointed pursuant to the provisions of this <br /> subsection shall have the usual powers and duties of receivers in such matters. To the extent permitted by <br /> applicable law, Grantor or the then-owner of the Trust Estate, may seek the appointment of a receiver for the Trust <br /> Estate upon ex parfe application to any court of the competent jurisdiction. Such receiver shall be empowered (a)to <br /> take possession of the Trust Estate and any businesses conducted by Grantor thereon and any business assets used <br /> in connection therewith, (b) to exclude Grantor and Grantor's agents, servants and employees from the Trust Estate, <br /> or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such persons <br /> occupying any part of the Trust Estate, (c) to collect the Rents, (d) to complete any construction that may be in <br /> 14 <br /> 4821-4372-3794.1 <br /> STORE/Concord <br /> 721 Diers Avenue,Grand Island,NE 68803 <br /> File No_ 7210/02-81 13 <br />