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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
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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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