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201300072
<br /> progress, (e) to continue the development, marketing and sale of the Trust Estate, (t) to do such maintenance and
<br /> make such repairs and alterations as the receiver deems necessary, (g) to use all stores of materials, supplies and
<br /> maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (h)to
<br /> pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other
<br /> operating expenses, and all sums due under any prior or subsequent encumbrance, (i) to request that Collateral
<br /> Agent advance such funds as may reasonably be necessary to the effective exercise of the receivers powers, on
<br /> such terms as may be agreed upon by the receiver and Collateral Agent, but not in excess of the Default Rate, and (j)
<br /> generally to do anything that Grantor could legally do if Grantor were in possession of the Trust Estate. All expenses
<br /> incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a
<br /> part of the Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the
<br /> receivership, including reasonable attorneys' fees incurred by the receiver and by Collateral Agent, together with
<br /> interest thereon at the highest rate of interest applicable in the Note from the date incurred until repaid, and the
<br /> balance shall be applied toward the Obligations or in such other manner as the court may direct
<br /> Section 6.04. Remedies Not Exclusive. Collateral Agent shall be entitled to enforce payment and
<br /> performance of any Obligations and to exercise all rights and powers under this Deed of Trust or under the Loan
<br /> Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations
<br /> may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or
<br /> otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to
<br /> the power of sale or other powers herein contained, shall prejudice or in any manner affect Collateral Agent's right to
<br /> realize upon or enforce any other security now or hereafter held by Collateral Agent, it being agreed that Collateral
<br /> Agent shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Collateral Agent
<br /> in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or
<br /> reserved to Collateral Agent is intended to be exclusive of any other remedy given hereunder or now or hereafter
<br /> existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Collateral
<br /> Agent, or to which Collateral Agent may be otherwise entitled, may be exercised, concurrently or independently, from
<br /> time to time and as often as may be deemed expedient by Collateral Agent. Collateral Agent may pursue
<br /> inconsistent remedies.
<br /> The acceptance by Collateral Agent of any sum after the same is due shall not constitute a waiver of the
<br /> right either to require prompt payment,when due, of all other sums hereby secured or to declare a subsequent Event
<br /> of Default as herein provided. The acceptance by Collateral Agent of any sum in an amount less than the sum then
<br /> due shall be deemed an acceptance on account only and upon condition that it shall not constitute a waiver of the
<br /> obligation of Grantor to pay the entire sum then due, and failure of Grantor to pay such entire sum then due shall be
<br /> an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Collateral Agent
<br /> shall be, at all times thereafter and until the entire sum then due as contemplated by the Loan Documents shall have
<br /> been paid, and notwithstanding the acceptance by Collateral Agent thereafter of further sums on account, or
<br /> otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to
<br /> proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or
<br /> remedies hereunder, shall in no way be impaired, whether any of such amounts are received prior or subsequent to
<br /> such proceeding, election or exercise. Consent by Collateral Agent to any action or inaction of Grantor which is
<br /> subject to consent or approval of Collateral Agent hereunder shall not be deemed a waiver of the right to require such
<br /> consent or approval to future or successive actions or inactions.
<br /> Section 6.05. Possession of Trust Estate. In the event of a trustee's sale or foreclosure sale hereunder
<br /> and after the time of such sale, Grantor occupies the portion of the Trust Estate so sold, or any part thereof, Grantor
<br /> shall immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day to
<br /> day, terminable at the will of either tenant or landlord, at a reasonable rental per day based upon the value of the
<br /> portion of the Trust Estate so occupied, such rental to be due and payable daily to the purchaser. An action of
<br /> unlawful detainer shall lie if the tenant holds over after a demand in writing for possession of such Trust Estate; and
<br /> this Deed of Trust and a trustee's or sheriffs deed shall constitute a lease and agreement under which the tenant's
<br /> possession arose and continued Nothing contained in this Deed of Trust shall be construed to constitute Collateral
<br /> Agent as a "mortgagee in possession" in the absence of its taking actual possession of the Trust Estate pursuant to
<br /> the powers granted herein.
<br /> Section 6.06. Waiver of Rights. Grantor waives the benefit of all laws now existing or that hereafter may
<br /> be enacted (i) providing for any appraisement before sale of any portion of the Trust Estate, or (ii) in any way
<br /> extending the time for the enforcement of the collection of the Obligations or creating or extending a period of
<br /> redemption from any sale made in collecting the Obligations. Grantor agrees that Grantor will not at any time insist
<br /> 15
<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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