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<br /> 201300072
<br /> Lease given to or by Grantor, together with a complete copy or statement of any information submitted or referenced
<br /> in support of such claim or event of default; (iii)at the sole cost and expense of Grantor, enforce the performance and
<br /> observance of each and every covenant and condition of any Lease to be performed or observed by any other party
<br /> thereto, unless such enforcement is waived in writing by Collateral Agent; (iv) appear in and defend any action
<br /> challenging the validity, enforceability or priority of the lien created hereby or the validity or enforceability of any
<br /> Lease; and (v) hold that portion of the Rents which is sufficient to discharge all current sums due under the Note for
<br /> use in the payment of such sums.
<br /> Section 3 03. After-Acquired Property. All right, title and interest of Grantor in and to all improvements,
<br /> alterations, substitutions, restorations and replacements of, and all additions and appurtenances to, the Trust Estate,
<br /> hereafter acquired by or released to Grantor, immediately upon such acquisition or release and without any further
<br /> granting by Grantor, shall become part of the Trust Estate and shall be subject to the lien hereof fully, completely and
<br /> with the same effect as though now owned by Grantor and specifically described in the Granting Clauses hereof.
<br /> Grantor shall execute and deliver to Collateral Agent any further assurances, mortgages, grants, conveyances or
<br /> assignments thereof as the Collateral Agent may reasonably require to subject the same to the lien hereof.
<br /> Section 3.04. Taxes,Assessments, Charges and Other Impositions. (a) Grantor shall do or cause to be
<br /> done everything necessary to preserve the lien hereof without expense to Collateral Agent, including, without
<br /> limitation, enforcing the payment obligations of the lessee under the Lease. Grantor shall pay or cause to be paid
<br /> prior to delinquency any and all taxes, assessments, water and sewer charges, and other charges now or hereafter
<br /> assessed against the Trust Estate.
<br /> (b) Grantor may, at its own expense, contest or cause to be contested, by appropriate legal
<br /> proceedings conducted in good faith and with due diligence, the amount or validity or application, in whole or in part,
<br /> of any item specified in subsection (a) or lien therefor, provided that (i) Grantor shall provide written notice to
<br /> Collateral Agent of any contest involving more than $10,000.00, (ii) such proceeding shall suspend the collection
<br /> thereof from the Trust Estate or any interest therein, (iii) neither the Trust Estate nor any interest therein would be in
<br /> any danger of being sold, forfeited or lost by reason of such proceedings, (iv) no Event of Default has occurred and is
<br /> continuing, and (v) Grantor shall have deposited with Collateral Agent adequate reserves for the payment of the
<br /> taxes, together with all interest and penalties thereon, unless paid in full under protest, or Grantor shall have
<br /> furnished the security as may be required in the proceeding or as may be required by Collateral Agent to insure
<br /> payment of any contested taxes.
<br /> Section 3.05. Insurance. Grantor shall maintain, with respect to the Trust Estate, at its sole expense, or
<br /> cause the lessee under the Lease to maintain at such lessee's expense,the types and amounts of insurance required
<br /> by the Lease.
<br /> Section 3.06. Impound Account Upon the occurrence of an Event of Default under this Deed of Trust or
<br /> any other Loan Document, Collateral Agent may require Grantor to pay to Collateral Agent sums which will provide
<br /> an impound account (which shall not be deemed a trust fund) for paying up to the next one year of taxes,
<br /> assessments and/or insurance premiums. Upon such requirement, Collateral Agent will estimate the amounts
<br /> needed for such purposes and will notify Grantor to pay the same to Collateral Agent in equal monthly installments,
<br /> as nearly as practicable, in addition to all other sums due under this Deed of Trust. Should additional funds be
<br /> required at any time, Grantor shall pay the same to Collateral Agent on demand. Grantor shall advise Collateral
<br /> Agent of all taxes and insurance bills which are due and shall cooperate fully with Collateral Agent in assuring that the
<br /> same are paid. Collateral Agent may deposit all impounded funds in accounts insured by any federal or state agency
<br /> and may commingle such funds with other funds and accounts of Collateral Agent. Interest or other gains from such
<br /> funds, if any, shall be the sole property of Collateral Agent. If an Event of Default shall occur subsequent to Collateral
<br /> Agent requiring the establishment of an impound account pursuant to this Section, Collateral Agent may apply all
<br /> impounded funds against any sums due from Grantor to Collateral Agent. Collateral Agent shall give to Grantor upon
<br /> request an annual accounting showing all credits and debits to and from such Impounded funds received from
<br /> Grantor.
<br /> Section 3.07. Advances by the Lender or Collateral Agent. If the Grantor fails to perform any covenant
<br /> of the Grantor contained herein, the Lender or Collateral Agent may make advances to perform any of the covenants
<br /> contained in this Deed of Trust on Grantor's behalf and all sums so advanced (and all sums advanced pursuant to
<br /> any other provision hereof) by the Lender or Collateral Agent shall be secured hereby. Grantor shall repay on
<br /> demand all sums so advanced with interest thereon at the Default Rate, if any, provided for in the Loan Agreement,
<br /> such interest to be computed from and including the date of the making of such advance to and including the date of
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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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