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200011188
<br />TRUST DEED, SECURITY AGREEMENT
<br />AND
<br />FIXTURE FINANCING STATEMENT
<br />This INDENTURE made as of this 21" day of December 2000, between KELLY
<br />& COHEN APPLIANCES, INC., an Ohio corporation, with a principal office at c/o Vice
<br />President - Finance, REX Stores Corporation, 2875 Needmore Road, Dayton, OH 45414
<br />( "Trustor ") to AREND R. BAACK, P.O. Box 790, Grand Island, NE 68802 -0790 ( "Trustee ")
<br />for the benefit of AMERICAN FAMILY LIFE INSURANCE COMPANY, an insurance
<br />corporation organized and existing under the laws of the State of Wisconsin, whose mailing
<br />address is Investment Division, 6000 American Parkway, Madison, WI 53783 -0001
<br />( "Beneficiary").
<br />DEFINITIONS
<br />As used in this Trust Deed, Security Agreement and Fixture Financing Statement
<br />and the recitals hereto, the following terms and phrases shall have the following meanings. Terms
<br />in boldface type used in any Loan Document which are not defined in such Loan Document
<br />shall have the meaning ascribed to such term or terms in the text of this Trust Deed.
<br />Act: The Nebraska Trust Deeds Act, as amended and in effect fro in time to time.
<br />ADA Indemnity: The Loan Document entitled Americans with Disabilities Act
<br />of 1990 Indemnity Agreement by which Borrower and Guarantor, jointly and severally as
<br />indemnitors, agree to hold American Family harmless from, and to indemnify American Family
<br />against, and to reimburse American Family for, any and all losses, claims, liabilities, damages
<br />(including compensatory, consequential and punitive), injunctive relief, injuries to person or
<br />property, costs, expenses (including reasonable attorneys' and paralegals' fees and costs), actions
<br />or causes of action, arising at any time from, or in connection with, the Americans with
<br />Disabilities Act of 1990, 42 U.S.C. Section 12101, et .seq., all amendments thereto and
<br />reauthorizations thereof, and all Disabilities Regulations.
<br />Additional Interest: Interest at the Default Rate on any outstanding balance of
<br />Late Charges, Recoverable Costs and prepayment premiums.
<br />American Family: American Family Life Insurance Company, an insurance
<br />corporation organized and existing under and by virtue of the laws of the State of Wisconsin
<br />whose mailing address is Investment Division, 6000 American Parkway, Madison, Wisconsin
<br />53783 -0001. American Family may be referred to by such terms as "Beneficiary ", "Indemnitee"
<br />or "Secured Party" as required by the Loan Documents. All such references shall be deemed to
<br />refer to and shall be construed as referring only to American Family, its successors and assigns.
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