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(d) Fourth, the remainder, if any, shall be paid to Trustor or such other person or persons as may be entitled thereto by law; provided, however, if applicable law requires such proceeds to be paid or applied in a manner other than as set forth above in this Section 5.9, then such proceeds shall be paid or applied in accordance with such applicable law. SECTION 5.10 Post - foreclosure Possession of the Property. In the event of a trustee's sale or foreclosure sale hereunder and after the time of such sale, and Trustor.occupies the portion of the Property so sold, or any part thereof, Trustor shall immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day to day, terminable at the will of either tenant or landlord, at 150% of the daily amount due for principal and interest under the Loan per day based upon the value of the portion of the Property so occupied, such rental to be due and payable daily to the purchaser. An action of unlawful detainer shall lie if the tetiar# holds over after a demand in writing for possession of such Property; and this agreement and a trustee's deed shall constitute a lease and agreement under which the tenant's possession arose and continued. Nothing contained in this Deed of Trust shall be construed to constitute Beneficiary as a "mortgagee in possession" in the absence of its taking actual possession of the Property pursuant to the powers granted herein. ARTICLE VI GENERAL SECTION 6.1. Fixture Filine. To the extent that the Subject Property includes items of personal property which are or are to become fixtures under applicable law, and to the extent permitted under applicable law, the filing of this Deed of Trust in the real estate records of the county in which such Subject Property is located shall also operate from the time of filing as a fixture filing with respect to such Subject Property, and the following information is applicable for the purpose of such fixture filing, to wit: (a) Name and Address of the Debtor: Heartland Automotive Services, Inc. 11308 Davenport Street The Atrium Building Omaha, Nebraska 68154 -5649 Attention: Philip Meyers (b) Name and Address of the Secured Party: Atherton Capital Incorporated 1001 Bayhill Drive, Suite 155 San Bruno, California 94066 Attention: Loan Administration (c) This financing statement covers goods or items of personal property which are or are to become fixtures upon the Property. SECTION 6.2. Defeasance. If all of the Obligations shall have been paid in full, and if Trustor shall have performed and observed all the covenants, obligations and conditions to be performed by Trustor pursuant to the Loan Documents, and each of the Loan Documents shall have been terminated, then this Deed of Trust shall cease, terminate and, thereafter, be of no further force or effect (except as provided in Sections 4.1, 4.2 and 5.6). Upon such termination and Trustor's request, appropriate release shall promptly be made by Beneficiary to the Person or Persons legally entitled thereto at Trustor's expense. SECTION 6.3. Notices. Each notice, demand or other communication given to Trustor or Beneficiary in connection with this Deed of Trust shall be given in the manner set forth in the Loan Agreement and 111/150348.02.00 17 010499/1956/35239.00196