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Loan No: 3408320144 <br />201707009 <br />DEED OF TRUST <br />(Continued) Page 12 <br />judgment, and no party shall have the right to demand binding arbitration of any claim, dispute or controversy seeking <br />to open a judgment obtained by confession. Nothing herein, including the arbitration requirement, shall limit the right of <br />any party to foreclose judicially or non judicially against any real or personal property collateral, or exercise judicial or <br />non - judicial power of sale rights. No provision regarding submission to a jurisdiction and /or venue in any court or the <br />waiver of any right to trial by jury is intended or shall be construed to be in derogation of the provisions for arbitration of <br />any dispute. Any claim or counterclaim or defense raised in connection with Lender's exercise of any rights set forth in <br />any note, guaranty or other Documents subject to this Arbitration Program shall be subject to the arbitration <br />requirement. <br />If South Carolina law governs the Dispute, the following provision is included: WAIVER OF JURY TRIAL. <br />NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WITHOUT INTENDING IN ANY WAY TO LIMIT THE <br />PARTIES' AGREEMENT TO ARBITRATE ANY DISPUTE AS SET FORTH IN THIS MORTGAGE, TO THE EXTENT ANY <br />DISPUTE IS NOT SUBMITTED TO ARBITRATION OR IS DEEMED BY THE ARBITRATOR OR BY ANY COURT WITH <br />JURISDICTION TO BE NOT ARBITRABLE OR NOT REQUIRED TO BE ARBITRATED, LENDER AND MORTGAGOR WAIVE <br />TRIAL BY JURY IN RESPECT OF ANY SUCH DISPUTE AND ANY ACTION ON SUCH DISPUTE. THIS WAIVER IS <br />KNOWINGLY, WILLINGLY AND VOLUNTARILY MADE BY LENDER AND MORTGAGOR, AND THEY HEREBY <br />REPRESENT THAT NO REPRESENTATIONS OF FACT OR OPINION HAVE BEEN MADE BY ANY PERSON OR ENTITY TO <br />INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN ANY WAY MODIFY OR NULLIFY ITS EFFECT. THIS PROVISION <br />IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THE LOAN DOCUMENTS. LENDER AND <br />MORTGAGOR ARE EACH HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION IN ANY PROCEEDING AS <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 Califomia 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 />concems 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 Califomia, <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 Califomia 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 Idaho. 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 concems 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 concems <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 />