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201201669
<br />MODIFICATION OF DEED OF TRUST
<br />Loan No: 8603426349 (Continued) Page 2
<br />the Deed of Trust (the "Note"). It is the intention of Lender to retain as liable all parties to the Deed of Trust and all
<br />parties, makers and endorsers to the Note, including accommodaUon parties, unless a party is expressly released by
<br />Lender in writlng. Any maker or endorser, including accommodation makers, shell not be released by virtue of this
<br />Modiflcation. If any person who signed the original Deed of Trust does not sign this Modiflcation, then all persons
<br />signing below acknowledge that this Modification is given conditfonally, based on the representation to Lender that the
<br />non-signing person consents to the changes and provisions of this Modification or otherwise wlll not be released by it.
<br />This waiver applies not only to any inftial extensfon or modification, but also to all such subsequent adions.
<br />FACSIMILE AND COUNTERPART. This document may be signed in any number of separate copies, each of which shall
<br />be effective as an original, but ail of which taken together shall constitute a single document. M electronic
<br />transmission or ather facsimile of this document or any related document shall be deemed an original and shall be
<br />admissible as evidence of the document and the signer's execution.
<br />ARBITRATION AGREEMENT. Arbitration - Blndinn Arbitratlon. Lender and each parry to this agreemeM hereby agree,
<br />upon demand by any party, to submit any Dispute to binding arbitration in accordance with the tertr�s of this ArbitraUon
<br />Program. Arbltration may be demanded before the institudon of a judicial proceeding, or during a judicial proceeding,
<br />but not more than 60 days after service of a compiaint, third party comptaint, cross-claim, or any answer thereto, or
<br />any amendment to any of such pleadings. A"Dispute" shall include any dispute, Gaim or controversy of any kind,
<br />whether in contract or in tort, legal or equitable, now existing or hereafter arising, relating in any way to any asped of
<br />this agreement, or any related agreement incorporating this Arbitration Program (the "Documents"), or any renewal,
<br />extension, modification or refinancing of any indebtedness or obligation retating thereto, including without limitation,
<br />their negotiation, execution, collateralization, administration, repayment, modiflcation, extension, subsUtution,
<br />formation, inducement, enforcement, defauk or terminatlon. DISPUTES SUBMITTED TO ARBITRATION ARE NOT
<br />RESOLVED IN COURT BY A JUDGE OR JURY. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE PARTIES
<br />IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY 1MTH RESPECT TO
<br />ANY DISPUTE ARBITRATED PURSUANT TO THIS ARBITRATION PROGRAM.
<br />A. Goveminq Rutes. Any arbitraUon proceeding will (i) be eovemed by the Federal Arbitratlon Act (TiUe 9 of the United
<br />States Code), notwithstanding any conflicting choice of law provision in any of the documents between the parties; and
<br />(ii) be conducted by the American Arbitration Association ("AAA"), or such other administrator as the parties shall
<br />mutually agree upon, in accordance with the AAA's commeraal dispute resolution procedures, unless the clafm or
<br />counterclaim is at least $1,000,000.00 axGusive of claimed interest, arbitration fees and costs, in which case the
<br />arbitration shall be conduded in accordance with the AAA's optional procedures for large, complex commercial
<br />disputes (the commercial dispute resolution procedures or the optional procedures for large, complex commercial
<br />disputes are referred to herein, as appli�ble, as the "Rules"). If there is any inconsistency between the tertns hereof
<br />and tha Rules, the terms and procedures set forth herein shall control. ArbiVation proceedings hereunder shall be
<br />conducted at a location mutualty agreeable to the parties, or if they cannot agree, then at a iocation saleded by tha
<br />AAA in the state of the applicable substantive law primarily goveming the Note. My party who fails or refuses to
<br />submit to arbitration following a demand by any other party shall bear all costs and expenses incurred by such other
<br />party in compelling arbitratlon of any Dispute. Nothing contained herein shall be deemed to be a waiver by any party
<br />that is a bank of the protedions afforded to it under 12 U.S.C. Section 91 or any simitar applicabte state law.
<br />B. No Waiver of Provisional Remedies. Self-Helo and Forecioaure. The arbiVaUon requirement does not limit the right
<br />of any party to (i) foreclose against real or personal properry collateral; Ci) exercise self-help remedies relating to
<br />collateral or proceeds of collateral such as setoff or repossession; or (iii) obtain provlsional or anallary remedies such as
<br />replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any
<br />arbitration proceeding. This exGusion does not constitute a waiver of the right or obligation of any party to submit any
<br />Dispute to arbiVation or reference hereunder, including those arising from the exercise of the ac[ions detailed in
<br />sections (i), (i) and (iii) of this paragraph.
<br />C. Arbitrator cluallflcatlons and Powers. Any arbitration proceeding in which the amount in controversy is
<br />$5,000,000.00 or less will be decided by a single arbftrator selected according to the Rules, and who shall not render
<br />an award of greater than $5,000,000.00. Any D(spute in which the amount in controversy exceeds $5,000,000.00
<br />shatl be decided by majoriry vote of a panel of three arbitrators; provided however, that all threa arbitrators must
<br />actively participate in all hearings and deliberatlons. Every arbitrator must be a neutral practicing attomey or a retired
<br />member of the state or federal judiciary, in either case with a minimum of ten years experience in the substanUve lew
<br />applicable to the subjed matter of the Dispute. The arbitrator will determine whether or not an issue is arbitratable and
<br />will give effed to the statutes of limitation in detertnining any claim. In any arbitration proceeding the arbitrator will
<br />decide (by documents onfy or with a hearing at the arbiVator's discretion) any pre-hearing motions which are similar to
<br />motions to dismiss for failure to state a claim or motions for summary adjudication. The arbitrator shall resolve all
<br />Disputes in accordance with the eppiicable substantive lew and may grant any remedy or relief that a court of such
<br />state could order or grant wfthin the scope hereof and such anc�llary relief as is necessary to make effective any award.
<br />The arbitrator shall also have the power to award recovery of all costs and fees, to impose sanctions and to take such
<br />other action as the arbitrator deems necessary to the same extent a judge could pursuant to the Federal Rules of Civil
<br />Procedure, the applicable state rules of civil procedure, or other applicable law. Judgment upon the award rendered by
<br />the arbitrator may be entered in any court having jurisdidion. The institution and mafntenance of an action for judicial
<br />relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the
<br />plaintiff, to submit the controversy or Gaim to arbitration if any other party contests sucdi action for judiaal relief.
<br />D_ Discoverv. in any arbitration proceeding discovery will be permitted in accordance with the Rules. All discovery
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