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Loan No: 19879
<br />201803863
<br />DEED OF TRUST
<br />(Continued) Page 4
<br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br />law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to
<br />make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br />failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial
<br />and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br />without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post - judgment
<br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
<br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br />Trustor also will pay any court costs, in addition to all other sums provided by law.
<br />PROTECTION OF FEDERAL INTEREST. 1) The responsible HHS official can intervene in case the grantee defaults on,
<br />terminates or withdraws from the agreement.
<br />2) The responsible HHS official that is to receive a copy of any notice of default given to the grantee under the terms of
<br />the agreement is: Clarence Small, Program Manager R VII, 601 East 12th St Rm 349, Kansas City, MO 64106
<br />3) Any action to foreclose the mortgage agreement or security agreement will be suspended for 60 days after the
<br />responsible HHS official receives the default notice to allow the responsible HHS official reasonable time to respond.
<br />4) The notice of federal interest and the grantee's obligation for its federal share will be preserved if the responsible
<br />NHS official fails to respond to any notice of default.
<br />5) The responsible HHS official will be paid the federal interest before foreclosure proceeds are paid to the lender,
<br />unless the official's rights under the notice of federal interest have been subordinated by a written agreement in
<br />conformance with 1303.51.
<br />6) The responsible HHS official has the right to cure any default under the agreement within the designated period to
<br />cure the default.
<br />7) The responsible HHS official has the right to assign or transfer the agreement to another interim or permanent
<br />grantee.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of ADAMS County, State of Nebraska.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of
<br />Trust, Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money
<br />of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall
<br />include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means FIVE POINTS BANK OF HASTINGS , and its successors and assigns.
<br />Borrower. The word "Borrower" means HEAD START CHILD & FAMILY DEVELOPMENT PROGRAM, INC. and
<br />includes all co- signers and co- makers signing the Note, and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ) "CERCLA "), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99 -499 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
<br />or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provision of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br />Lender, including without limitation a guaranty of all or part of the Note.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
<br />Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br />Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's
<br />obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances
<br />provision, together with all interest thereon and all amounts that may be indirectly secured by the
<br />Cross - Collateralization provision of this Deed of Trust.
<br />Lender. The word "Lender" means FIVE POINTS BANK OF HASTINGS , its successors and assigns.
<br />Note. The word "Note" means the promissory note dated June 13, 2018, in the original principal amount
<br />of $850,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of,
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