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201201669 MODIFICATION OF DEED OF TRUST Loan No: 8603426349 (Co11tIr1Ued) Page 3 shall be expressly limited to matters directly relevant to the Dispute being arbitrated and must be completed no later than 20 days before the hearing date. Any requests for an extension of the discovery periods, or any discovery disputes, wfll be subject to final determination by the arbitrator upon a showing that the request for discovery is essential for the party's presentation and that no altemative means for obtaining information is available. E. Class Proceeding� and Consolidations. No party hereto shall be entlUed to join or consolidate disputes by or against non-parties in arry arbitration, or to indude in any arbitration any dispute as a representative or member of a Gass, or to act in any arbitretion in the interest of the general public or in a private attomey general capacity. As used herein, "non-parties" shall mean all persons and entities except Lender and the party(ies) executing this agreement or any related Document. F. Miscellaneous. To the maximum extent practicabte, the AAA, the arbitrators and the parties shall take ail action required to conGude any arbltration proceeding within 180 days of the filing of the Disputa with the AAA. No arbitrator or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. If more than one agreement for arbitration by or between tha parties potentially applies to a Dispute, the arbitration provision most direcUy related to the docwments between the parties or the subject matter of the Dispute shall control. This arbitration provision shall survive the repayment of the Note and the termination, amendment or expiration of any of the Documents or any relationship befiaeen the parties. G. State Sr�eciflc Provisions. If Delaware or Pennsylvania law govems the Disoute• tha following provislon is Included: Confession of Judgment Notwithstanding anything herein to the contrary, the arbitration requirement does not limit or preclude the right of Lender to confess judgment pursuant to a warrant of attomey provision set forth in the Note or Related Documents. No party shail have the right to demand binding arbitration of any claim, dispute or controversy seeking to (i) strike-off or open a judgment obtained by cQqfession pursuant to a warrant of attomey contained in the Note or Related Documents, or (i) challenge the waiver of a right to prior notice and a hearing before Judgmerit is entered, or after judgment is entered, but before execuUon upon the judgment. My Gaims, disputes or controversies challenging the confession of judgment shall be commenced and prosecuted in accordance with the procedures set forth, and in the forum speafied by the applicable state rules of civil procedura or other applicable law. If Marvland law aovems the Dis�ute, the following provlsion is included: Conf�ssion of Judgment Notwithstanding anything herein to the conVary, the arbitrafion requirement does not limit or preGude the right of Lender to confess judgment, and no party shall have the right to demand binding arbitration of any claim, dispute or controversy seeking to open a judgment obtained by confession. Nothing herein, including the arbitration requirement, shall limit the right of any party to foreGose Judicially or non judicially against any real or personal property collateral, or exercisa judi�dal or non Judicial power of sale rights. No provision regarding submission to a jurisdiction and/or venue in any court or the waiver of any right to trial by jury is intended or shall be construed to be in derogation of the provisions for arb'rtration of any dispute. Any claim or counterGaim or defense raised in connedion with Lende�s exercise of any rights set forth in the Note or Related Documents shall be subject to the arbitratlon requirement. If South Carolina law govems the Dispute, the following provision is fncluded: WAIVER OF JURY TRIAL NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WITHOUT INTENDIN(3 IN ANY WAY TO LIMIT THE PARTIES' AOREEMENT TO ARBRRATE ANY DISPUTE AS SET FORTH IN THIS MORTGAOE, TO THE EXTENT ANY DISPUTE IS NOT SUBMITTED TO ARBITRATION OR IS DEEMED BY THE ARBITRATOR OR BY ANY COURT WITH JURISDICTION TO BE NOT ARBITRABLE OR NOT REQUIRED TO BE ARBITRATED, MORTGAGOR AND MORT�AGEE WAIVE TRIAL BY JURY IN RESPECT OF ANY SUCH DISPUTE AND ANY ACTION ON SUCH DISPUTE. THIS WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY MADE BY MORTGA�OR AND MORTGA�EE, AND MORT(3AGOR AND MORTGAOEE HEREBY REPRESENT THAT NO REPRESENTATIONS OF FACT OR OPINION HAVE BEEN MADE BY ANY PER30N OR ENTITY TO INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN ANY WAY MODIFY OR NULUFY ITS EFFECT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THE LOAN DOCUMENTS. MORTOAGOR AND MORTGAGEE ARE EACH HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER OF JURY TRIAL MORTOAGOR FURTHER REPRESENTS AND WARRANTS THAT IT HAS BEEN REPRESENTED IN THE SIONING OF THIS MORTGAGE AND IN THE AAAfaNG OF THIS WAIVER BY INDEPENDENT LEOAL COUNSEL, OR HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY INDEPENDENT LEGAL COUNSEL SELECTED OF ITS OWN FREE WILL, AND THAT IT HAS HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH COUNSEL If �inia law covems the Di�ute, the following provlalon is included: Confession of Judgment The arbitration requirement does not limit or preciude the right of Lender to cronfess judgment pursuant to a warrant of attomey provision set forth in the Note or Related Documents. No party shall have the right to demand binding arbitration of any claim, dispute or controversy seeldng to (� strike-oif or open a judgment obtained by confession pursuant to a waRant of attomey contained in the Note or Related Documents, (ii) challenge the waiver of a right to prior notice and a hearing before judgment is entered, or aftar judgment is entered, but before execution upon the judgment. My claims, disputes or controversfes challenging the confession of judgment shall be commenced and prosecuted in accordance with the procedures set forth, and in the forum specified by the applicable state rules of civil procedure or other applicable law.