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201300072
<br /> ARTICLE II
<br /> INCORPORATION OF REPRESENTATIONS,WARRANTIES AND COVENANTS OF GRANTOR
<br /> The representations, warranties and covenants of Grantor set forth in any Note, Loan Agreement and
<br /> Indenture are incorporated by reference into this Deed of Trust as if stated in full in this Deed of Trust. All
<br /> representations and warranties as incorporated herein shall be deemed to have been made as of the date of this
<br /> Deed of Trust and all representations, warranties and covenants incorporated herein shall survive the execution and
<br /> delivery of this Deed of Trust.
<br /> ARTICLE III
<br /> COVENANTS OF GRANTOR
<br /> In addition to any covenants of Grantor set forth in any Note, Loan Agreement, Indenture or any other Loan
<br /> Document, Grantor hereby covenants to Collateral Agent and agrees as follows until the Obligations are satisfied in
<br /> full:
<br /> Section 3.01. Recording Grantor shall, upon the execution and delivery hereof and thereafter from time to
<br /> time, take such actions as Collateral Agent may request to cause this Deed of Trust, each supplement and
<br /> amendment to such instrument and financing statements with respect thereto and each instrument of further
<br /> assurance (collectively, the "Recordable Documents')to be filed, registered and recorded as may be required by law
<br /> to publish notice and maintain the first lien or security interest, as applicable, hereof upon the Trust Estate and to
<br /> publish notice of and protect the validity of the Recordable Documents. Grantor shall, from time to time, perform or
<br /> cause to be performed any other act and shall execute or cause to be executed any and all further instruments
<br /> (including financing statements, continuation statements and similar statements with respect to any of said
<br /> documents) requested by Collateral Agent for carrying out the intention of, or facilitating the performance of, this
<br /> Deed of Trust. Collateral Agent shall be and is hereby irrevocably appointed the agent and attorney-in-fact of Grantor
<br /> to comply therewith (including the execution, delivery and filing of such financing statements and other instruments),
<br /> which appointment is coupled with an interest; provided, however, Collateral Agent shall not exercise such power of
<br /> attorney unless Grantor has first failed to comply with this Section, and provided, further, that this sentence shall not
<br /> prevent any default in the observance of this Section from constituting an Event of Default. To the extent permitted
<br /> by law, Grantor shall pay or cause to be paid recording taxes and fees incident thereto and all expenses, taxes and
<br /> other governmental charges incident to or in connection with the preparation, execution, delivery or acknowledgment
<br /> of the Recordable Documents, any instruments of further assurance and the Note.
<br /> Section 3.02. Use; Maintenance and Repair; Leases. The Trust Estate shall be used solely as
<br /> contemplated in the Lease Grantor shall not, and shall not permit any lessee under any Lease, to convert the Trust
<br /> Estate to an alternative use while this Deed of Trust is in effect without Collateral Agent's consent, which consent
<br /> shall not be unreasonably withheld. Collateral Agent may consider any or all of the following in determining whether
<br /> to grant its consent, without being deemed to be unreasonable: (i) whether the converted use will be consistent with
<br /> the highest and best use of the Trust Estate, and (ii) whether the converted use will increase Collateral Agent's risks
<br /> or decrease the value of the Trust Estate. Grantor shall comply with the Loan Documents in connection with any
<br /> Lease and, if prohibited by the Loan Documents, shall not (i) enter into any Leases without Collateral Agent's prior
<br /> written consent; (H) modify or amend the terms of any Lease without Collateral Agent's prior written consent; (Hi) grant
<br /> any consents under any Lease, including, without limitation, any consent to an assignment of any Lease, a
<br /> mortgaging of the leasehold estate created by any Lease or a subletting by the lessee under any Lease, without
<br /> Collateral Agent's prior written consent; (iv) terminate, cancel, surrender, or accept the surrender of, any Lease, or
<br /> waive or release any person from the observance or performance of any obligation to be performed under the terms
<br /> of any Lease or liability on account of any warranty given thereunder, without Collateral Agent's prior written consent;
<br /> or (v) assign, transfer, mortgage, pledge or hypothecate any Lease or any interest therein to any party other than
<br /> Collateral Agent, without Collateral Agent's prior written consent. Any lease, modification, amendment, grant,
<br /> termination, cancellation, surrender,waiver or release in violation of the foregoing provision shall be null and void and
<br /> of no force and effect. Unless Collateral Agent otherwise consents or elects, Grantor's title to the Trust Estate and
<br /> the leasehold interest in the Trust Estate created by any Lease shall not merge, but shall always be kept separate
<br /> and distinct, notwithstanding the union of such estates in Grantor, Collateral Agent or any other person by purchase,
<br /> operation of law, foreclosure of this Deed of Trust, sale of the Trust Estate pursuant to this Deed of Trust or
<br /> otherwise. Grantor shall (i) fulfill, perform and observe in all respects each and every condition and covenant of
<br /> Grantor contained in any Lease; (Ii) give prompt notice to Collateral Agent of any claim or event of default under any
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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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