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201302943
<br />DEED OF TRUST
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<br />Confession of Judgment in the Note, any Guaranty, or Related Documents: Confession of Judgment. Notwithstanding
<br />anything herein to the contrary, the arbitration requirement does not limit or preclude the right of Lender to confess
<br />judgment pursuant to a warrant of attorney provision set forth in the Note, any Guaranty, or Related Documents. No
<br />party shall have the right to demand binding arbitration of any claim, dispute or controversy seeking to (i) strike -off or
<br />open a judgment obtained by confession pursuant to a warrant of attorney contained in the Note, any Guaranty, or
<br />Related Documents, or (ii) challenge the waiver of a right to prior notice and a hearing before judgment is entered, or
<br />after judgment is entered, but before execution upon the judgment. Any claims, disputes or controversies challenging
<br />the confession of judgment shall be commenced and prosecuted in accordance with the procedures set forth, and in the
<br />forum specified by the applicable state rules of civil procedure or other applicable law.
<br />If Maryland law governs the Dispute, the following provision is applicable if there is a Confession of Judgment in
<br />the Note, any Guaranty, or Related Documents: Confession of Judgment. Notwithstanding anything herein to the
<br />contrary, the arbitration requirement does not limit or preclude the right of Lender to confess judgment, and no party
<br />shall have the right to demand binding arbitration of any claim, dispute or controversy seeking to open a judgment
<br />obtained by confession. Nothing herein, including the arbitration requirement, shall limit the right of any party to
<br />foreclose judicially or non - judicially against any real or personal property collateral, or exercise judicial or non - judicial
<br />power of sale rights. No provision regarding submission to a jurisdiction and /or venue in any court or the waiver of any
<br />right to trial by jury is intended or shall be construed to be in derogation of the provisions for arbitration of any dispute.
<br />Any claim or counterclaim or defense raised in connection with Lender s exercise of any rights set forth in the Note, any
<br />Guaranty, or Related Documents shall be subject to the arbitration requirement.
<br />If South Carolina law governs the Dispute, the following provision is included: WAIVER OF JURY TRIAL.
<br />NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WITHOUT INTENDING IN ANY WAY TO LIMIT THE
<br />PARTIES' AGREEMENT TO ARBITRATE ANY DISPUTE AS SET FORTH IN THIS MORTGAGE, TO THE EXTENT ANY
<br />DISPUTE IS NOT SUBMITTED TO ARBITRATION OR IS DEEMED BY THE ARBITRATOR OR BY ANY COURT WITH
<br />JURISDICTION TO BE NOT ARBITRABLE OR NOT REQUIRED TO BE ARBITRATED, LENDER AND MORTGAGOR WAIVE
<br />TRIAL BY JURY IN RESPECT OF ANY SUCH DISPUTE AND ANY ACTION ON SUCH DISPUTE. THIS WAIVER IS
<br />KNOWINGLY, WILLINGLY AND VOLUNTARILY MADE BY LENDER AND MORTGAGOR, AND THEY HEREBY
<br />REPRESENT THAT NO REPRESENTATIONS OF FACT OR OPINION HAVE BEEN MADE BY ANY PERSON OR ENTITY TO
<br />INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN ANY WAY MODIFY OR NULLIFY ITS EFFECT. THIS PROVISION
<br />IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THE LOAN DOCUMENTS. LENDER AND
<br />MORTGAGOR ARE EACH HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION IN ANY PROCEEDING AS
<br />CONCLUSIVE EVIDENCE OF THIS WAIVER OF JURY TRIAL. MORTGAGOR FURTHER REPRESENTS AND WARRANTS
<br />THAT IT HAS BEEN REPRESENTED IN THE SIGNING OF THIS MORTGAGE AND IN THE MAKING OF THIS WAIVER BY
<br />INDEPENDENT LEGAL COUNSEL, OR HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY INDEPENDENT LEGAL
<br />COUNSEL SELECTED OF ITS OWN FREE WILL, AND THAT IT HAS HAD THE OPPORTUNITY TO DISCUSS THIS
<br />WAIVER WITH COUNSEL.
<br />H. Real Property Collateral:
<br />If California law governs the Dispute, the following provisions are included: Real Property Collateral; Judicial
<br />Reference. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute
<br />concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the holder of the
<br />mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii} all parties to the
<br />arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of California,
<br />thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and security interests
<br />securing such indebtedness and obligations, shall remain fully valid and enforceable. If any such Dispute is not
<br />submitted to arbitration, the Dispute shall be referred to a referee in accordance with California Code of Civil Procedure
<br />Section 638 at seq., and this general reference agreement is intended to be specifically enforceable in accordance with
<br />said Section 638, as amended or replaced, from time to time. A referee with the qualifications required herein for
<br />arbitrators shall be selected pursuant to the AAA's selection procedures. Judgment upon the decision rendered by a
<br />referee shall be entered in the court in which such proceeding was commenced in accordance with California Code of
<br />Civil Procedure Sections 644 and 645, as amended or replaced from time to time.
<br />If Connecticut law governs the Dispute, the following provision is included: Real Property Collateral.
<br />Notwithstanding anything herein to the contrary, no dispute shall be submitted to arbitration if the dispute concerns
<br />indebtedness secured directly or indirectly, in whole or in part, by any real property located in Connecticut unless li) 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 Sections 49 -1 and 49 -14 et
<br />seq. of the Connecticut General Statutes, as amended or replaced from time to time, thereby agreeing that all
<br />indebtedness and obligations of the parties, and all mortgages, liens and security interests securing such indebtedness
<br />and obligations, shall remain fully valid and enforceable.
<br />If Idaho, Kansas, Montana, Nevada, South Dakota or Virginia law governs the Dispute, the following provision is
<br />included: Real Property Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to
<br />arbitration if the Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property
<br />unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the
<br />arbitration, or (ii) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the
<br />single action rule statute of Idaho, Kansas, Montana, Nevada, South Dakota or Virginia, thereby agreeing that all
<br />indebtedness and obligations of the parties, and all mortgages, liens and security interests securing such indebtedness
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