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<br /> TO HAVE AND TO HOLD the Trust Estate hereby granted or mortgaged or intended to be granted or
<br /> mortgaged, unto Collateral Agent as agent for the Lender and its successors and assigns, upon the terms, provisions
<br /> and conditions set forth herein.
<br /> THIS DEED OF TRUST SHALL SECURE THE FOLLOWING INDEBTEDNESS AND OBLIGATIONS (the
<br /> "Obligations"):
<br /> (i) Payment of indebtedness evidenced by the Primary Note together with all extensions,
<br /> renewals, amendments and modifications thereof,
<br /> (ii) Payment of all other indebtedness and other sums, with interest thereon, which may be
<br /> owed under, and performance of all other obligations and covenants contained in the Loan Documents,
<br /> together with any other instrument given to evidence or further secure the payment and performance of any
<br /> obligation secured hereby or thereby; and
<br /> (iii) Payment of all indebtedness and other sums, with interest thereon, which may be owed
<br /> under, and performance of all other obligations under any Loan Agreement and any other Note in addition to
<br /> the Primary Note contemplated in (i) above, including,without limitation all Loans and Notes issued under an
<br /> Indenture from time to time.
<br /> It is the intention of the parties hereto that the Trust Estate shall secure all of the Obligations presently or
<br /> hereafter owed, and that the priority of the security interest created by this Deed of Trust for all such Obligations shall
<br /> be first priority and controlled by the time of proper recording of this Deed of Trust and shall perfect all additional
<br /> amounts funded under any Loan Agreement as a future obligatory advance. In addition, this Deed of Trust shall also
<br /> secure unpaid balances of advances made(1) under any Indenture or other Loan Agreement for payment of any fees
<br /> and expenses of the Indenture Trustee or Lender otherwise in connection with the obligations of the Grantors
<br /> obligations under the Indenture or other Loan Agreement, (2) with respect to the Trust Estate for the payment of
<br /> taxes, assessments, insurance premiums, costs or any other advances incurred for the protection of the Trust Estate,
<br /> together with interest thereon until paid at the Default Rate, all as contemplated in this Deed of Trust, (3) under the
<br /> terms of the Collateral Agency Agreement, all of which shall constitute a part of the Obligations secured hereby. This
<br /> paragraph shall serve as notice to all persons who may seek or obtain a lien on the Trust Estate subsequent
<br /> to the date of recording of this Deed of Trust, that until this Deed of Trust is released, any debt owed to the
<br /> Lender by Grantor, including advances and re-advances made under a Loan Agreement subsequent to the
<br /> recording of this Deed of Trust, shall be secured with the priority afforded this Deed of Trust as recorded,
<br /> The Loan may not be prepaid in whole or in part except as provided under the terms of the applicable Note
<br /> and/or Loan Agreement. This Deed of Trust secures the amount of the Primary Note, however,the value of the Trust
<br /> Estate covered by this Deed of Trust for title insurance purposes as of the date hereof is limited to$2,830,000.00.
<br /> IT IS HEREBY COVENANTED, DECLARED AND AGREED that the Note and the other Loan Documents
<br /> are to be executed, delivered and secured and that the Trust Estate is to be held and disposed of by Collateral Agent,
<br /> upon and subject to the provisions of this Deed of Trust and the Collateral Agency Agreement.
<br /> ARTICLE I
<br /> DEFINED TERMS
<br /> Section 1.01. Incorporation of Other Definitions. Capitalized terms used in this Deed of Trust, if not
<br /> elsewhere parenthetically defined in the preamble hereto or Section 1.02 of this Deed of Trust, shall have the
<br /> meaning given such terms in the Collateral Agency Agreement or, if no meaning is given to such terms in the
<br /> Collateral Agency Agreement, in the Loan Agreement.
<br /> Section 1.02 Definitions. Unless the context otherwise specifies or requires, the following terms shall
<br /> have the meanings specified (such definitions to be applicable equally to singular and plural nouns and verbs of any
<br /> tense)
<br /> "Collateral Agency Agreement' means that certain Amended and Restated Collateral Agency Agreement
<br /> dated as of September 19, 2011, among the Collateral Agent, STORE Capital Corporation, a Maryland corporation
<br /> 3
<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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