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201300072
<br /> Section 7 04. Notices; Amendments; Waiver. All notices, demands, designations, certificates, requests,
<br /> offers, consents, approvals, appointments and other instruments given pursuant to this Deed of Trust (collectively
<br /> called "Notices") shall be in writing and given by (i) hand delivery, (ii)facsimile, (iii) express overnight delivery service
<br /> or (iv) certified or registered mail, return receipt requested and shall be deemed to have been delivered upon
<br /> (a) receipt, if hand delivered, (b) machine confirmation, if delivered by facsimile, (c) the next Business Day, if •
<br /> delivered by express overnight delivery service, or (d) the fifth Business Day following the day of deposit of such
<br /> notice with the United States Postal Service, if sent by certified or registered mail, return receipt requested. Notices
<br /> shall be provided to the parties and addresses (or facsimile numbers, as applicable)specified below:
<br /> If to Collateral Agent: Citibank, N.A.
<br /> 388 Greenwich Street, Floor 14
<br /> New York, New York 10013
<br /> Attention: Agency&Trust, STORE Capital
<br /> Telephone: (212) 816-5693
<br /> Telecopy: (212) 816-5527
<br /> If to Borrower: STORE Master Funding II, LLC
<br /> 8501 E. Princess Drive, Suite 190
<br /> Scottsdale,AZ 85255
<br /> Attention: Michael T Bennett, Executive V.P.
<br /> Telephone: (480) 256-1106
<br /> Telecopy' (480) 256-1101
<br /> with a copy to: Kutak Rock LLP
<br /> 1801 California Street, Suite 3100
<br /> Denver, Colorado 80202
<br /> Attention: Paul E. Belitz, Esq.
<br /> Telephone: (303)297-2400
<br /> Telecopy: (303)292-7799
<br /> or to such other address or such other person as either party may from time to time hereafter specify to the other
<br /> party in a notice delivered in the manner provided above. Whenever in this Deed of Trust the giving of Notice is
<br /> required, the giving thereof may be waived in writing at any time by the person or persons entitled to receive such
<br /> Notice. Except as in this Deed of Trust otherwise expressly provided, (i) this Deed of Trust may not be modified
<br /> except by an instrument in writing executed by Grantor and Collateral Agent and (ii) no requirement hereof may be
<br /> waived at any time except by a writing signed by the party against whom such waiver is sought to be enforced, nor
<br /> shall any waiver be deemed a waiver of any subsequent breach or default.
<br /> Section 7.05. Successors and Assigns; Successor to Collateral Agent All of the provisions herein
<br /> contained shall be binding upon and inure to the benefit of the respective successors and assigns of the parties
<br /> hereto, to the same extent as if each such successor and assign were in each case named as a party to this Deed of
<br /> Trust. Wherever used, the singular shall include the plural, the plural shall include the singular and the use of any
<br /> gender shall include all genders. In the event that the Collateral Agent is replaced, substituted or removed under the
<br /> terms of the Collateral Agency Agreement, the party to whom the Lender transfers such collateral agency obligations
<br /> (including, without limitation, any successor collateral agent, trustee or agent) shall automatically (and without record
<br /> notice) be deemed the successor "Collateral Agent" hereunder and no amendment or assignment of this Deed of
<br /> Trust shall be required. In addition, if the Collateral Agency Agreement is terminated in its entirety and no successor
<br /> is appointed by Lender, then Lender shall be deemed the "Collateral Agent" and no assignment, notice or recorded
<br /> document shall be required in connection therewith.
<br /> Section 7.06. Headings. The headings appearing in this Deed of Trust have been inserted for convenient
<br /> reference only and shall not modify, define, limit or expand the express provisions of this Deed of Trust.
<br /> Section 7.07. Time of the Essence. Time is of the essence in the performance of each and every
<br /> obligation under this Deed of Trust.
<br /> Section 7.08. Forum Selection; Jurisdiction; Venue; Choice of Law. Grantor acknowledges that this
<br /> Deed of Trust was substantially negotiated in the State, this Deed of Trust was delivered in the State, all payments
<br /> under the Loan Documents will be delivered in the State and there are substantial contacts between the parties and
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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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