12-12-16 Deed of Trust Ybarra Restaurants, Inc.

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and acting under this paragraph does not waive any of Beneficiary's other rights or remedies. If Grantor becomes a voluntary or involuntary bankrupt, Beneficiary's filing a proof of claim in bankruptcy will be tantamount to the appointment of a receiver under Texas law. 8. Interest on the debt secured by this deed of trust shall not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law; any interest in excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess shall be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or, if the principal of the debt has been paid, refunded. This provision overrides other provisions in this and all other instruments concerning the debt. 9. When the context requires, singular nouns and pronouns include the plural. 10. The term "note" includes all sums secured by this deed of trust. 11. This deed of trust shall bind, inure, to the benefit of, and be exercised by successors in interest of all parties. 12. If Grantor and Maker are not the same person,the term"Grantor" shall include Maker. 13. If Grantor transfers any part of the property without Beneficiary's prior written consent, Beneficiary may declare the debt secured by this deed of trust immediately payable. In that event Beneficiary will notify Grantor that the debt is payable;if it is not paid within thirty days after notice to Grantor, Beneficiary may without further notice of demand to Grantor invoke any remedies provided in this instrument for default. Exceptions to this provision for declaring the note due on sale or transfer are limited to the following: a. creation of a lien or encumbrance subordinate to this deed of trust; b. creation of a purchase-money security interest for household appliances; c. transfer by devise, descent, or operation of law on the death of a joint tenant; and d. grant of a leasehold interest of three years or less without an option to purchase. 14. Grantor represents that this deed of trust and the note are given for the following purposes: The indebtedness,the payment of which is hereby secured, is in part payment of the purchase price of the real property herein described,and is also secured by a vendor's lien thereon retained in Deed of even date herewith to the undersigned, and this Deed of Trust is given as additional security for the payment of said indebtedness.