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'Loan No: 5726994500
<br />201307242
<br />DEED OF TRUST
<br />(Continued) Page 10
<br />C. Default. Trustor's /Grantor's failure to perform any of the obligations imposed on Trustor /Grantor by the declaration
<br />submitting the Real Property to unit ownership, by the bylaws of the association of unit owners, or by any rules or
<br />regulations thereunder, shall be an event of default under this Deed of Trust. If Trustor's /Grantor's interest in the Real
<br />Property is a leasehold interest and such property has been submitted to unit ownership, any failure by Trustor /Grantor
<br />to perform any of the obligations imposed on Trustor /Grantor by the lease of the Real Property from its owner, any
<br />default under such lease which might result in termination of the lease as it pertains to the Real Property, or any failure
<br />of Trustor /Grantor as a member of an association of unit owners to take any reasonable action within
<br />Trustor's /Grantor's power to prevent a default under such lease by the association of unit owners or by any member of
<br />the association shall be an Event of Default under this Deed of Trust.
<br />FAILURE TO PROVIDE INSURANCE. Grantor /Trustor /Mortgagor ( "Owner ") acknowledges and agrees that if Owner fails
<br />to provide any required insurance on the terms set forth herein or in any Related Documents, or fails to continue such
<br />insurance in force in compliance with the requirements of this agreement or any Related Documents, Lender may
<br />purchase insurance at Owner's expense as provided therein. Such insurance may protect Lender's interests, and may
<br />otherwise protect none of, or less than all of, Owner's interests. The cost of any such insurance shall become a part of
<br />the Indebtedness and shall be payable on demand or added to the Note as provided herein, at Lender's option. OWNER
<br />ACKNOWLEDGES THAT IF LENDER SO PURCHASES ANY SUCH INSURANCE, THE INSURANCE MAY PROVIDE
<br />LIMITED PROTECTION AGAINST PHYSICAL DAMAGE TO THE COLLATERAL, UP TO THE BALANCE OF THE LOAN;
<br />HOWEVER, OWNER'S EQUITY IN THE COLLATERAL MAY NOT BE INSURED. IN ADDITION, THE INSURANCE MAY
<br />NOT PROVIDE ANY PUBLIC LIABILITY OR PROPERTY DAMAGE INDEMNIFICATION AND MAY NOT MEET THE
<br />REQUIREMENTS OF ANY FINANCIAL RESPONSIBILITY LAWS.
<br />LENDER TO BE NAMED LOSS PAYEE. All required policies and certificates of insurance shall name
<br />Mortgagee /Beneficiary as loss payee, and shall provide that the insurance cannot be terminated as to
<br />Mortgagee /Beneficiary except upon a minimum of ten (10) days' prior written notice to Mortgagee /Beneficiary.
<br />Immediately upon any request by Lender /Mortgagee /Beneficiary, Grantor/Trustor /Mortgagor shall deliver to
<br />Lender /Mortgagee /Beneficiary the original of all such policies or certificates, with receipts evidencing annual prepayment
<br />of the premiums.
<br />ARBITRATION AGREEMENT. Arbitration - Binding Arbitration. Lender and each party to this agreement hereby agree,
<br />upon demand by any party, to submit any Dispute to binding arbitration in accordance with the terms of this Arbitration
<br />Program. Arbitration may be demanded before the institution of a judicial proceeding, or during a judicial proceeding,
<br />but not more than 60 days after service of a complaint, third party complaint, cross - claim, or any answer thereto, or
<br />any amendment to any of such pleadings. A "Dispute" shall include any dispute, claim 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 aspect of
<br />this agreement, or any related note, instrument or agreement incorporating this Arbitration Program (the "Documents "),
<br />or any renewal, extension, modification or refinancing of any indebtedness or obligation relating thereto, including
<br />without limitation, their negotiation, execution, collateralization, administration, repayment, modification, extension,
<br />substitution, formation, inducement, enforcement, default or termination, or any request for additional credit. This
<br />provision is a material inducement for the parties entering into the transactions relating to this Agreement. In the event
<br />of a court ordered arbitration, the party requesting arbitration shall be responsible for timely filing the demand for
<br />arbitration and paying the appropriate filing fee within 30 days of the abatement order or the time specified by the
<br />court; the party's failure to do so shall result in that party's right to demand arbitration being automatically terminated
<br />with respect to such Dispute. DISPUTES SUBMITTED TO ARBITRATION ARE NOT RESOLVED IN COURT BY A JUDGE
<br />OR JURY. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE PARTIES IRREVOCABLY AND VOLUNTARILY
<br />WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARBITRATED
<br />PURSUANT TO THIS ARBITRATION PROGRAM.
<br />A. Govemina Rules. Any arbitration proceeding will (i) be governed by the Federal Arbitration Act (Title 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 oorrrnerdal dispute resolution procedures, unless the daim or
<br />counterdaim is at least $1,000,000.00 exclusive of claimed interest, arbitration fees and costs, in which case the
<br />arbitration shall be conducted in accordance with the AAA's optional procedures for large, complex corrrnercial
<br />disputes (the commercial dispute resolution procedures or the optional procedures for large, complex commercial
<br />disputes are referred to herein, as applicable, as the "Rules "). If there is any inconsistency between the terms hereof
<br />and the Rules, the terms and procedures set forth herein shall control. Arbitration proceedings hereunder shall be
<br />conducted at a location mutually agreeable to the parties, or if they cannot agree, then at a location selected by the
<br />AAA in the state of the applicable substantive law primarily governing the Note. Any 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 arbitration of any Dispute. The arbitrator shall award all costs and expenses of the arbitration
<br />proceeding.
<br />B. No Waiver of Provisional Remedies. Self -Help and Foreclosure, The arbitration requirement does not limit the right
<br />of any party to (i) foreclose against real or personal property collateral; (ii) exercise self -help remedies relating to
<br />collateral or proceeds of collateral such as setoff or repossession; or (iii) obtain provisional or ancillary 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 exclusion does not constitute a waiver of the right or obligation of any party to submit any
<br />Dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in
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