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201302943
<br />DEED OF TRUST
<br />(Continued) Page 13
<br />and obligations, shall remain fully valid and enforceable.
<br />If Utah law governs the Dispute, the following provision is included: Real Property Collateral; Judicial Reference.
<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 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 Utah,
<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 master in accordance with Utah Rule of Civil Procedure 53,
<br />as amended or replaced, from time to time, and this general reference agreement is intended to be specifically
<br />enforceable. A master with the qualifications required herein for arbitrators shall be selected pursuant to the AAA's
<br />selection procedures. Judgment upon the decision rendered by a master shall be entered in the court in which such
<br />proceeding was commenced in accordance with Utah Rule of Civil Procedure 53(e), as amended or replaced from time
<br />to time.
<br />I. Miscellaneous. To the maximum extent practicable, the AAA, the arbitrators and the parties shall take all action
<br />required to conclude any arbitration proceeding within 180 days of the filing of the Dispute with the AAA. No arbitrator
<br />or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures
<br />of information by a party required in the ordinary course of its business or by applicable law or regulation. If more than
<br />one agreement for arbitration by or between the parties potentially applies to a Dispute, the arbitration provision most
<br />directly related to the documents between the parties or the subject matter of the Dispute shall control. This arbitration
<br />provision shall survive the repayment of the Note and the termination, amendment or expiration of any of the
<br />Documents or any relationship between the parties.
<br />SBA ARBITRATION. The parties specifically agree that the provisions of this Arbitration Program are not applicable to
<br />any dispute between any party and the U.S. Small Business Administration (the "SBA "), including but not limited to,
<br />any dispute with the SBA after purchase of the loan by the SBA.
<br />GOVERNING LAW. With respect to procedural matters related to the perfection and enforcement of Lender's rights
<br />against the Collateral, this Deed of Trust will be governed by federal law applicable to Lender and to the extent not
<br />preempted by federal law, the laws of the State of NEBRASKA. In all other respects, this Deed of Trust will be
<br />governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of
<br />ARIZONA without regard to its conflicts of taw provisions. However, if there ever is a question about whether any
<br />provision of this Deed of Trust is valid or enforceable, the provision that is questioned will be governed by whichever
<br />state or federal law would find the provision to be valid and enforceable. The loan transaction that is evidenced by the
<br />Note and this Deed of Trust has been applied for, considered, approved and made, and all necessary loan documents
<br />have been accepted by Lender in the State of ARIZONA.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this
<br />Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br />bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to
<br />Lender, upon request, a certified statement of net operating income received from the Property during Trustor's
<br />previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
<br />receipts from the Property less all cash expenditures made in connection with the operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or
<br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Applicable Law. The Loan secured by this lien was made under a United States Small Business Administration
<br />(SBA) nationwide program which uses tax dollars to assist small business owners. If the United States is seeking
<br />to enforce this document, then under SBA regulations: (a) When SBA is the holder of the Note, this document and
<br />all documents evidencing or securing this Loan will be construed in accordance with federal law. (b) Lender or
<br />SBA may use local or state procedures for purposes such as filing papers, recording documents, giving notice.
<br />foreclosing Liens, and other purposes. By using these procedures, SBA does not waive any federal immunity from
<br />local or state control, penalty, tax or liability. No Borrower or Guarantor may claim or assert against SBA any local
<br />or state law to deny any obligation of Borrower, or defeat any claim of SBA with respect to this Loan. Any clause
<br />in this document requiring arbitration is not enforceable when SBA is the holder of the Note secured by this
<br />instrument.
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br />several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean
<br />each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
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