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2000.1180 SECTION 10.8 MINIMUM REQUIREMENT. Borrower recognizes that the requirements imposed upon Borrower hereunder, including, without limitation, insurance requirements, are minimum requirements as determined by American Family and do not constitute a representation that the requirements are complete or adequate. Borrower understands that it is Borrower's duty and responsibility to act prudently and responsibly at all times for Borrower's protection and for the protection of the Premises. SECTION 10.9 TIME OF THE ESSENCE. TIME IS OF THE ESSENCE WITH RESPECT TO THE TERMS, PROVISIONS AND CONDITIONS HEREOF. SECTION 10.10 COSTS OF ENFORCEMENT. Borrower agrees to pay American Family's reasonable attorneys' and paralegals' fees and costs, including all fees and costs incurred in litigation, mediation, arbitration, bankruptcy and administrative proceedings, and appeals therefrom, and all court costs, collection costs and other Recoverable Costs, incurred by American Family in the exercise of any right or remedy available to it under this Trust Deed, whether or not suit is commenced. Further, if American Family is, by reason of being the holder of this Trust Deed, made a party defendant in any litigation concerning this Trust Deed or the Premises or any part thereof or therein, or the construction, maintenance, operation, security or the occupancy or use thereof by Borrower, then Borrower shall indemnify, defend and hold American Family harmless from and against all liability (unless such liability directly results from the willful misconduct of American Family, its agents and employees) and cost by reason of said litigation, including reasonable attorneys' and paralegals' fees and costs, and including all fees, costs and expenses incurred in mediation, arbitration, bankruptcy and administrative proceedings, and appeals therefrom and all court costs and other Recoverable Costs incurred by American Family in any such litigation or other proceedings, whether or not any such litigation or other proceedings is prosecuted to judgment or other determination. SECTION 10.11 JOINDER. Rex Radio and Television, Inc. joins in the execution of this Trust Deed for the purpose of obligating itself as the Borrower with respect to all obligations and covenants of the Borrower contained in this Trust Deed. IN WITNESS WHEREOF, the undersigned have set his hand hereto, under seal, as Secretary of Borrower, as the authorized and voluntary act and deed of said corporation as of the day and year above written. Witness LZ KELLY & )CQHEN APPLIANCES, INC. 46 �,, � (" i, ward M. Kress, Secretary