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Loan No: 3408320144
<br />201707009
<br />DEED OF TRUST
<br />(Continued) Page 11
<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 commercial dispute resolution procedures, unless the claim or
<br />counterclaim 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 commercial
<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 />E. No Waiver of Provisional Remedies. SeIf - 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
<br />sections (i), (ii) and (iii) of this paragraph.
<br />C. Arbitrator Qualifications and Powers, Any arbitration proceeding in which the amount in controversy is
<br />$5,000,000.00 or less will be decided by a single arbitrator selected according to the Rules, and who shall not render
<br />an award of greater than $5,000,000.00. Any Dispute in which the amount in controversy exceeds $5,000,000.00
<br />shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must
<br />actively participate in all hearings and deliberations. Every arbitrator shall be a neutral practicing attorney or a retired
<br />member of the state or federal judiciary, in either case with a minimum of ten years experience in the substantive law
<br />applicable to the subject matter of the Dispute. The arbitrator will determine whether or not an issue is arbitratable and
<br />will give effect to the statutes of limitation in determining any claim. In any arbitration proceeding the arbitrator will
<br />decide (by documents only or with a hearing at the arbitrator's discretion) any pre- hearing motions which are similar to
<br />motions to dismiss for failure to state a claim or motions for summary adjudication. The arbitrator shall resolve all
<br />Disputes in accordance with the applicable substantive law and may grant any remedy or relief that a court of such
<br />state could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award.
<br />The arbitrator shall also have the power to award recovery of all costs and fees, to impose sanctions and to take such
<br />other action as the arbitrator deems necessary to the same extent a judge could pursuant to the Federal Rules of Civil
<br />Procedure, the applicable state rules of civil procedure, or other applicable law. Judgment upon the award rendered by
<br />the arbitrator may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial
<br />relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the
<br />plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief.
<br />D. Discovery, In any arbitration proceeding discovery will be permitted in accordance with the Rules. All discovery
<br />shall be expressly limited to matters directly relevant to the Dispute being arbitrated and must be completed no later
<br />than 20 days before the hearing date. Any requests for an extension of the discovery periods, or any discovery
<br />disputes, will be subject to final determination by the arbitrator upon a showing that the request for discovery is
<br />essential for the party's presentation and that no alternative means for obtaining information is available.
<br />E. Class Proceedings and Consolidations, No party hereto shall be entitled to join or consolidate disputes by or against
<br />others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act
<br />in any arbitration in the interest of the general public or in a private attorney general capacity.
<br />F. Small Claims Court. Any party may require that a Dispute be resolved in Small Claims Court if the Dispute and
<br />related claims are fully within that court's jurisdiction.
<br />G. State Specific Provisions:
<br />If Delaware. Pennsylvania or Virginia law govems the Dispute, the following provision is applicable if there is a
<br />Confession of Judgment in any note, guaranty or other Documents subject to this Arbitration Program: Confession of
<br />Judgment. Notwithstanding anything herein to the contrary, the arbitration requirement does not limit or preclude the
<br />right of Lender to confess judgment pursuant to a warrant of attorney provision set forth in any note, guaranty or other
<br />Documents. No party shall have the right to demand binding arbitration of any claim, dispute or controversy seeking to
<br />(i) strike -off or open a judgment obtained by confession pursuant to a warrant of attorney contained in any note,
<br />guaranty or other Documents, or (ii) challenge the waiver of a right to prior notice and a hearing before judgment is
<br />entered, or after judgment is entered, but before execution upon the judgment. Any claims, disputes or controversies
<br />challenging the confession of judgment shall be commenced and prosecuted in accordance with the procedures set
<br />forth, and in the 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 />any note, guaranty or other Documents subject to this Arbitration Program: Confession of Judgment. Notwithstanding
<br />anything herein to the contrary, the arbitration requirement does not limit or preclude the right of Lender to confess
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