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200011180 <br />Appraised Value: The estimated market value of the fee simple interest <br />(unencumbered by Leases) of the Premises, as estimated by an appraiser holding the highest <br />certification for the appraisal of commercial real estate in the state where the Premises are <br />situated, designated MAI by the Appraisal Institute, and otherwise acceptable to American <br />Family. The estimated value shall be certified by such appraiser in a complete self - contained <br />appraisal report acceptable to American Family. <br />Approved Plans: Plans and specifications satisfactory to American Family <br />prepared by the Architect for the Restoration. <br />Architect: A licensed architect satisfactory to American Family hired to complete <br />Restoration. <br />Assignment: The Loan Document entitled Assignment of Leases and Rents by <br />which Borrower assigns Borrower's interest as landlord in all Leases demising any portion of <br />the Premises to American Family as Collateral to secure payment by Borrower to American <br />Family of all sums contemplated by the terms, provisions, covenants and conditions of the Loan <br />Documents. The Assignment from Borrower to American Family for each of the nine parcels <br />constituting the Real Estate shall collectively be referred to as the Assignments. <br />Borrower: Rex Radio and Television, Inc., an Ohio corporation and Kelly & <br />Cohen Appliances, Inc., an Ohio corporation, jointly and severally. Borrower may be referred <br />to as "Trustor." Rex Radio and Television, Inc. and Kelly & Cohen Appliances, Inc. are direct <br />wholly owned subsidiaries of AVA Acquisition Corp., which is a direct wholly owned subsidiary <br />of Guarantor. <br />Brokerage Indemnity: The Loan Document. entitled Brokerage Indemnity <br />Agreement by which Borrower and Guarantor, jointly and severally as indemnitors, agree to <br />hold American Family harmless from, and to indemnify American Family against, any claims, <br />demands or liabilities for payment of any commissions, finders' fees or similar fees, including <br />reasonable attorneys' and paralegals' fees and costs, arising in connection with issuance of the <br />Loan Commitment, disbursement of the Loan, the procurement of Tenants for Borrower or the <br />procurement of prospective purchasers of any parcel of the Real Estate. <br />Code: The Uniform Commercial Code as adopted in Nebraska. <br />Collateral: All real property and appurtenances thereto described in Granting <br />Clause A of this Trust Deed and the buildings, improvements, fixtures, rents, Leases, profits, <br />and any judgments, condemnation and insurance awards described in Granting Clauses B, C, D, <br />E, and F of this Trust Deed and such property described in the other Mortgages of Real Estate <br />securing the Note. The Collateral may be referred to from time to time as the "Trust Estate." <br />4 <br />