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201303606
<br />DEED OF TRUST
<br />(Continued) Page 14
<br />Applicable Law. The Loan secured by this lien was made under a United States Small Business Administration
<br />(SBA) nationwide program which uses tax dollars to assist small business owners. If the United States is seeking
<br />to enforce this document, then under SBA regulations: tat When SBA is the holder of the Note, this document and
<br />all documents evidencing or securing this Loan will be construed in accordance with federal law. (b) Lender or
<br />SBA may use local or state procedures for purposes such as filing papers. recording documents, giving notice,
<br />foreclosing liens, and other purposes. By using these procedures, SBA does not waive any federal immunity from
<br />local or state control, penaky, tax or liability. No Borrower or Guarantor may claim or assert against SBA any local
<br />or state law to deny any obligation of Borrower, or defeat any claim of SBA with respect to this Loan. Any clause
<br />in this document requiring arbitration is not enforceable when SBA is the holder of the Note secured by this
<br />instrument.
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br />several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean
<br />each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br />of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such
<br />waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br />provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br />between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br />as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where
<br />such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Payment of Interest and Fees. Notwithstanding any other provision of this Deed of Trust or any provision of any
<br />Related Document, Trustor does not agree or intend to pay, and Lender does not agree or intend to charge, collect,
<br />take, reserve or receive {collectively referred to herein as "charge or collect "), any amount in the nature of interest
<br />or in the nature of a fee for the Indebtedness which would in any way or event (including demand, prepayment, or
<br />acceleration) cause Lender to contract for, charge or collect more for the indebtedness than the maximum Lender
<br />would be permitted to charge or collect by any applicable federal or Texas state law. Any such excess interest or
<br />unauthorized fee will, instead of anything stated to the contrary, be applied first to reduce the unpaid principal
<br />balance of the Indebtedness, and when the principal has been paid in full, be refunded to Trustor.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or
<br />unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid,
<br />or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered
<br />modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall
<br />be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any
<br />other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<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 Coda:
<br />Beneficiary. The word "Beneficiary" means Wells Fargo Bank, National Association, and its successors and
<br />assigns.
<br />Borrower. The word "Borrower" means DCPC Holdings Inc. and includes all co- signers and co- makers signing the
<br />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 />Default. The word "Default" means the Default set forth in this Deed of Trust In the section titled "Default ".
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
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