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201300072
<br /> and certain other parties, as the same may be amended, assigned, restated, consolidated or replaced from time to
<br /> time.
<br /> "Event of Defaulf' has the meaning set forth in Section 6 01.
<br /> "Improvements" means all buildings, fixtures and other improvements now or hereafter located on the Land
<br /> (whether or not affixed to the Land).
<br /> "Indemnified Parties" means the Lender (and any agent of the Lender and Collateral Agent) (and after the
<br /> date of any Notice of Assignment (as defined in the Collateral Agency Agreement) delivered pursuant to the
<br /> Collateral Agency Agreement, the Indenture Trustee, if any, and any person or entity who is or will have been
<br /> involved in the origination of the Loan, any person or entity who is or will have been involved in the servicing of the
<br /> Loan, any person or entity to whom the Loan may be pledged, any person or entity in whose name the encumbrance
<br /> created by this Deed of Trust is or will have been recorded, persons and entities who may hold or acquire or will have
<br /> held a full or partial interest in the Loan, as well as custodians,trustees and other fiduciaries who hold or have held a
<br /> full or partial interest in the Loan for the benefit of third parties), as well as the respective directors, officers,
<br /> shareholders, partners, members, employees, lenders, agents, servants, representatives, contractors,
<br /> subcontractors, affiliates, subsidiaries, participants, successors and assigns of any and all of the foregoing (including
<br /> but not limited to any other person or entity who holds or acquires or will have held a participation or other full or
<br /> partial interest in the Loan or the Trust Estate, whether during the term of the Loan or as a part of or following a
<br /> foreclosure of the Loan and including, but not limited to, any successors by merger, consolidation or acquisition of all
<br /> or a substantial portion of Collateral Agent's or the Lender's assets and business).
<br /> "Indenture" means, collectively, one or more base indentures between Grantor and an Indenture Trustee,
<br /> and including any supplemental indentures thereto, evidencing a Loan for the benefit of the Lender.
<br /> "Indenture Trustee"means an indenture trustee serving in such capacity under the terms of an Indenture.
<br /> "Land' means the parcel or parcels of real estate legally described in Exhibit A attached hereto, and all
<br /> rights, privileges and appurtenances therewith.
<br /> "Lease"and "Leases" have the meaning set forth in the Granting Clause.
<br /> "Loan" means, collectively, the loans evidenced by the Primary Note and together with the loans made from
<br /> time to time by a Lender to Grantor under the terms of a Loan Agreement and which are evidenced by a Note and
<br /> secured by this Deed of Trust under the terms of any cross-collateralization provisions in such Loan Agreement.
<br /> "Loan Agreement means that certain Master Loan Agreement dated as of June 15, 2012 between Grantor
<br /> and STORE Capital Corporation, a Maryland corporation, and any replacement loan agreement entered into among
<br /> Grantor and an affiliate of Grantor (or such affiliate's predecessor holder of such loans) in connection with any
<br /> severance or split of the Primary Note, each as amended, restated and/or assigned from time to time and, after the
<br /> date of any Notice of Assignment delivered pursuant to the Collateral Agency Agreement, and any and all Indentures
<br /> between the Grantor and an Indenture Trustee for the benefit of the Lender, pursuant to which the Indenture Lender
<br /> has agreed to make loans and/or loan advances to Grantor for the financing by Grantor of the Trust Estate and other
<br /> commercial real estate owned by Grantor identified in any Loan Agreement secured hereby, including, without
<br /> limitation, after the date of such Notice of Assignment (i) certain loans and loan agreements entered into from time to
<br /> time by and between the Grantor, as borrower, and an affiliate of Grantor (or such affiliate's predecessor holder of
<br /> such loans), as Lender, and (ii) certain loan notes and loan advances made from time to time and issued by Grantor
<br /> under one or more Indentures.
<br /> "Loan Documents"means the Loan Agreement, Primary Note,this Deed of Trust and any other document or
<br /> instrument evidencing or securing the Loan.
<br /> "Losses" has the meaning set forth in Section 7.09.
<br /> "Net Award' has the meaning set forth in Section 4.01(b)(v).
<br /> "Net Insurance Proceeds"has the meaning set forth in Section 4.01(a)(iii)
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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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