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!It g => 8 i ~ I 3. The right of the Lender to hold the Premises shall cease and I terminate upon the earlier of (a) payment in full and discharge of all ~=-; Obligations owed to the Lender secured pursuant to the said Security ~ fa Agreement; or (b) final sale or disposition of all goods constituting ~ ~ collateral pursuant to the said Security Agreement (including both .... _ fa inventory and equipment) and delivery of all such goods to purchasers. ~c ~ 4. The Lender shall not be obligated to payor account for any 1 rent or other compensation for this Agreement or for the possession, I q \) occupancy or use of any of the Premises. The undersigned will pay, or ~ /77 1 reimburse the Lender for, all taxes, fees, duties, imposts, charges and 80'! expenses at any time incurred by or imposed upon the Lender by reason ; /J- of the execution, delivery, existence, recordation, performance or ~ &;~ enforcement of this Agreement and further will pay all costs and expense 'II (including all reasonable fees and disbursements of counsel for the "" Lender) incurred in the enforcement of this Agreement or the protection of the interest of the Lender created hereby. ~ ~ f r I i .-'" ~, ""- ~ ~K ~ S- ~ pep{~~ (/Ji21/~'6 .tCOMP .? \. L ..~._~,.....~ 5.1788/EW112 I ~~'~ 67"'):. Lf ~t.~ ;.I,'{ gOOK 852 PASf274 --- " 88-103513 '. "."~ OCCUPANCY AGREEMENT For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned, BAG IN SAVE, INC., a Nebraska corporation, hereby agrees that FIRST NATIONAL BANK OF OMAHA (herein, with its participants, successors and assigns, called the "lender"), shall have the right to possess and hold the premises (the "Premises"), located in the Counties of Hall, Douglas and Sarpy, State of Nebraska, described as set forth in Exhibit "A" attached hereto and hereby made a part hereof, upon and subject to the following terms and conditions: " 1. The Lender may take possession of the Premises only upon the occurrence of an Event of Default under the Security Agreement dated Jl1 ~ "2-~ , 1988, given to the Lender by the undersigned, or at any me thereafter. 2. The Lender may use the Premises: (a) to hold, process, manufacture and sell or otherwise dispose of goods which are inventory; (b) to use, operate, store, liquidate or realize upon goods which are equipment or any other collateral granted under the said Security Agreement; and (c) for other purposes which such Lender may in good faith deem to be related or incidental purposes to (a) and (b) above. 5. The undersigned acknowledges and agrees that the breach of this Agreement is not fully compensable by money damages, and that, accordingly, this Agreement may be enforced by an action for specific performance. 6. This Agreement is made for the benefit of the Lender and shall be enforceable by it, including its participants, successors and assigns, and shall be binding upon the undersigned and its successors and assigns. I f a particular provision of this Agreement or Its application in _ cia _DEL FEE 1L!/..)-tJ ;X 'lit- Me W'W:)f_Y'(J"~'"'1?'i'1 J ~ '. ,'.......1':' ... - RECEIVED \S&O JUN It. r:l 3: 56 GEO::\C[ J r! 'II~. Ii ieZ ~ITI(T ,,:!-n~~ f)OUt//'AS '.. " FIB L --l