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MODIFICATION OF DEED OF TRUST
<br />Loan No: 1768429265 (Continued)
<br />202003607
<br />Page 4
<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 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 />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 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 Disoute, 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 govems the Disoute, 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
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