|
20�20�669
<br />MODIFICATION OF DEED OF TRUST
<br />Loan No: 8603426349 (Continued) Page 4
<br />� >.� =r-
<br />If Callfomla law govams the Dlg�ute, the tollowing provisiona are Included:
<br />Real Property Callateral; Judicial Refer�nce. Notwithstanding anything herein to the contrary, no Dispute shall be
<br />submitted to arbitration if the Dispute concems indebtedness secured directly or indirecUy, in whole or in part, by any
<br />real property unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with
<br />the arbitration, or (i) all pardes to the arbiVation waive any rights or beneffis that might acr.rue to them by virtue of the
<br />single action rule statute of Calffomie, thereby agreeing that all indebtedness and obligations of the parties, and all
<br />mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and
<br />enforceable. If any such Dispute is not submitted to arbitration, the Dispute shall be referred to a refaree in accordan�
<br />with Califomia Code of Civil Procedure Section 638 et seq., and this general reference agreement is intended to be
<br />speciflc�lly enforceable in accordance w(th said Section 638. A referee with the qualifications required herein for
<br />arbitrators shall be selected pursuant to the AAA's selection procedures. Judgment upon the dadsion rendered by a
<br />referee shall be errtered in the court in which such proceeding was commenced in accordance with Califomia Code of
<br />Civil Procedure Sections 644 and 645.
<br />Small Claima Court. Any parry may require that a Dispute be resolved in Small Claims Court if the Dispute and related
<br />claims are fully within that courPs jurisdiction.
<br />If Connecticut law govems the Disoute, the following provision is included:
<br />Real Pro�rty Collateral. Notwithstanding anything herein to the contrary, no dispute shall be submftted to arbitration ff
<br />the dispute concems indebtedness secured diredly or indirectly, in whole or in part, by any real property located in
<br />Connecticut unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed w(th
<br />the arbitration, or (ii) all parties to the arbitration waive any rights or benefrts that might accrue to them by virtue of
<br />Sections 49-1 and 49-14 et seq. of the Connecticut General Statutes, thereby agreeing that all indebtedness and
<br />obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations,
<br />shall remain fully valid and enforceable.
<br />If Idaho law govems the Dis� the following provision is inGuded:
<br />Real Property Collataral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration
<br />if the Dispute concems indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i)
<br />the hoider of the mortgage, lien or securiry interest speciflcally eleds in writing to proceed with the arbiVation, or (il) all
<br />parties to the arbitration waive any rights or beneflts that might accrue to them by virtue of the single action rule
<br />statute of Idaho, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and
<br />security interests sea�ring such indebtedness and obtigations, shall remain fully valid and enfor�able.
<br />If Montana law govems the DlspUte• the following provision is included:
<br />Real Properly Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if
<br />the Dispute concems indebtedness secured directly or indirectly, in whole or in pert, by any real property unless (i) the
<br />holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all
<br />parties to the arbitration waive any rights or benefds that might accrue to them by virtue of the single action rule
<br />statute of Montana, thereby agreeing that aIl indebtedness and obligations of the parties,. and alt mortgages, liens and
<br />securiry interests securing such indebtedness and obligations, shall remain fully valid and enfor�able.
<br />If Nevada law govems the Dis�, the following provtsion is included:
<br />Real Property Collateral. Noiwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitratian if
<br />the Dispute concems indebtedness secured diredly or indirectly, in whole or in part, by any real property unless (i) the
<br />holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all
<br />parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule
<br />statute of Nevada, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and
<br />securiry interests securing such indebtedness and obligattons, shall remain fully valid and enforceable.
<br />If South Dakota law govems the Dlsoute, the following provislon is included:
<br />Real Properly Collateral. Notwithstanding anything herefn to the �ntrary, no Dispute shell be submitted to arbitration if
<br />the Dispute concems indebtedness secured direcUy or indirecUy, in whole or in part, by arry real properry unless (i) the
<br />holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all
<br />parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule
<br />statute of South Dakota, thereby agreeing that all indebtedness and obligatfons of the parties, and all mortgages, liens
<br />and security interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
<br />If Utah law govems the Dlsnute, the following provision is included:
<br />Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute shall be
<br />submitted to arbitration if the Dispute conc�ms indebtedness secured directly or indirectly, in whole or in part, by any
<br />real property unless (i) the holder of the mortgage, lien or security interest spec�cally elects in writing to proceed with
<br />the arbitration, or (ii) ail parties to the arbitration waive any rights or beneflts that might accrue to them by virtue of the
<br />single action rule statute of Utah, thereby agreeing that all indebtedness and obligations of the parties, and all
<br />mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and
<br />enforceable. If any such Dispute is not submitted to arbitration, the Dispute shall be referred to a master in accordance
<br />with Utah Rule of Civil Procedure 53, and this general referen� agreemerrt is intended to be speciflcally enforceable. A
<br />master with the quaifications required herein for arbiVators shall be selected pursuant to the AAA's selection
<br />
|