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201300072 <br /> such repayment, and at Collateral Agent's election, the Lender or Collateral Agent may add the amount of such <br /> advance to the principal balance of the Primary Note secured by this Deed of Trust. <br /> Section 3.08. Negative Covenants. Without limiting the terms and conditions of Section 5.2 of the Loan <br /> Agreement, Grantor agrees that Grantor shall not, without the prior written consent of Collateral Agent (each, a <br /> "Prohibited Transaction"), sell, convey, mortgage, grant, bargain, encumber, pledge, assign, or otherwise transfer the <br /> Trust Estate or any part thereof or permit the Trust Estate or any part thereof to be sold, conveyed, mortgaged, <br /> granted, bargained, encumbered, pledged, assigned, or otherwise transferred, other than sales from inventory in the <br /> ordinary course of business and the replacement of obsolete Personal Property. A sale, conveyance, mortgage, <br /> grant, bargain, encumbrance, pledge, assignment, or transfer within the meaning of this Section shall be deemed to <br /> include, but not limited to, (a) an installment sales agreement wherein Grantor agrees to sell the Trust Estate or any <br /> part thereof for a price to be paid in installments; and (b) an agreement by Grantor leasing all or any part of the Trust <br /> Estate (other than the Lease)or a sale, assignment or other transfer of, or the grant of a security interest in, Grantor's <br /> right, title and interest in and to any Lease or any Rents. <br /> Collateral Agent's consent to a Prohibited Transaction shall be subject to the satisfaction of such conditions <br /> as Collateral Agent shall determine in its sole discretion, including, without limitation, (i) Grantor having executed and <br /> delivered such modifications to the terms of this Deed of Trust and the other Loan Documents as Collateral Agent <br /> shall request, and (ii) the proposed transferee having assumed the Note, this Deed of Trust and the other Loan <br /> Documents (as modified pursuant to clause (i) above) Collateral Agent shall not be required to demonstrate any <br /> actual impairment of its security or any increased risk of default hereunder in order to declare the Obligations <br /> immediately due and payable upon Grantor's sale, conveyance, mortgage, grant, bargain, encumbrance, pledge, <br /> assignment, or transfer of the Trust Estate without Collateral Agent's consent, as required hereunder. The provisions <br /> of this Section shall apply to every sale, conveyance, mortgage, grant, bargain, encumbrance, pledge, assignment, or <br /> transfer of the Trust Estate regardless of whether voluntary or not, or whether or not Collateral Agent has consented <br /> to any previous sale, conveyance, mortgage, grant, bargain, encumbrance, pledge, assignment, or transfer of the <br /> Trust Estate. <br /> Section 3.09. Priority of Loan Agreement. In the event that any Loan Agreement provides for any <br /> covenants or requirements that are inconsistent with the provisions of this Article III, the Loan Agreement provisions <br /> shall control. <br /> ARTICLE IV <br /> POSSESSION, USE AND RELEASE OF THE TRUST ESTATE <br /> Section 4.01 Casualty or Condemnation. Grantor, immediately upon obtaining knowledge of any <br /> casualty to any portion of the Trust Estate or of any proceeding or negotiation for the taking of all or any portion of the <br /> Trust Estate in condemnation or other eminent domain proceedings, shall notify Collateral Agent of such casualty, <br /> proceeding or negotiation. Unless Grantor is required under the Lease to restore the Trust Estate or pay any <br /> Proceeds (defined below) to the lessee under the Lease, any award, compensation or other payment resulting from <br /> such casualty or condemnation or eminent domain proceeding, as applicable, shall be applied as set forth below(the <br /> "Proceeds"). If Grantor is required under the terms of the Lease to restore the Trust Estate or pay any Proceeds to <br /> the lessee under the Lease,the Proceeds shall be applied as provided in the Lease. Collateral Agent may participate <br /> in any condemnation or eminent domain proceeding, and Grantor will deliver or cause to be delivered to Collateral <br /> Agent all instruments reasonably requested by Collateral Agent to permit such participation. <br /> (a) Casualty. (i) In the event of any material damage to or destruction of the Trust Estate or any part <br /> thereof, Grantor will promptly give written notice to Collateral Agent, generally describing the nature and extent of <br /> such damage or destruction. No damage to or destruction of the Trust Estate shall relieve Grantor of its obligation to <br /> pay any monetary sum due under the Loan Documents at the time and in the manner provided in the Loan <br /> Documents. <br /> (ii) In the event of any damage to or destruction of the Trust Estate or any part thereof, Grantor, <br /> whether or not the Proceeds, if any, on account of such damage or destruction shall be sufficient for the purpose, at <br /> its expense, shall promptly cause the Restoration to be commenced and completed. <br /> (iii) Proceeds received by Collateral Agent and Grantor on account of any occurrence of damage to or <br /> destruction of the Trust Estate or any part thereof, less the costs,fees and expenses incurred by Collateral Agent and <br /> 8 <br /> 4821-4372-3794 1 <br /> STORE/Concord <br /> 721 Diers Avenue, Grand Island, NE 68803 <br /> File No• 7210/02-81 13 <br />