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Loan No: 5726994500 <br />20/307242 <br />DEED OF TRUST <br />(Continued) Page 12 <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 et 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 (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 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 Jdaho. Kansas Montana. Nevada. South Dakota or Virginia law governs the Dispute, the following provision is <br />included: <br />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 <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 />J. 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 />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 />