|
Loan No: 4277812112
<br />201507727
<br />DEED OF TRUST
<br />(Continued) Page 13
<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 />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 />Governing Law. 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 without regard to its conflicts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<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
<br />of Trust. Where any one or more of the parties is a corporation, partnership, limited liability company or similar
<br />entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members,
<br />or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in reliance
<br />upon the professed exercise of such powers shall be guaranteed under this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such
<br />waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br />provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br />between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br />as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where
<br />such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or
<br />unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
<br />
|