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Loan No: 3408320144 <br />201707009 <br />DEED OF TRUST <br />(Continued) Page 13 <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 />I. 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 />MONEY LAUNDERING, SANCTIONS, CORRUPT PRACTICES, AND COMPLIANCE WITH ALL LAWS. <br />Trustor /Grantor /Mortgagor (the "Parties ") represent, warrant and agree that the Parties (1) are not now and will not <br />become the target of any trade or economic sanctions promulgated by the United Nations or the governments of the <br />United States, the United Kingdom, the European Union, or any other jurisdiction in which the Parties are located or <br />operate (collectively, "Sanctions "), (2) comply now and will at all times comply with the requirements of all laws, rules, <br />regulations and orders of any jurisdiction in which the Parties are located or doing business, or otherwise are applicable <br />to the Parties, including, without limitation, (a) all Sanctions, (b) all laws and regulations that relate to money <br />laundering, any predicate crime to money laundering, or any financial record keeping and reporting requirements related <br />thereto, (c) the U.S. Foreign Corrupt Practices Act of 1977, as amended, (d) the U.K. Bribery Act of 2010, as <br />amended, and (e) any other anti - bribery or anti - corruption laws and regulations, and (3) will not at any time directly or <br />indirectly use any proceeds of any credit extended by Lender for the purpose of (a) providing financing or otherwise <br />funding any targets of Sanctions; or (b) providing financing or otherwise funding any transaction which would be <br />prohibited by Sanctions or would otherwise cause Lender or any of Lender's affiliates to be in breach of any Sanctions. <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 Tess 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 Trustors 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 person or circumstance, that finding shall not make the offending provision illegal, invalid, <br />or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered <br />