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DEED OF TRUST
<br />(Continued) 200209785 17
<br />agrees he keep Lender informed at all times of Trustor's c urmut address. Unless Otherwise provided or required by law, if there Is TOO
<br />than one Truster, any oath. given by Lender to any Truster Is deemed to be notice given to all Trusters.
<br />FURTHER ASSURANCES. The parties hereto agree to do all things deemed necessary by Lender In order to fully document the loan
<br />evidenced by this Note and any related agreements, and will fully cooperate concerning the execution and delivery of security agreements,
<br />stack powers, instructions and/or other documents pertaining to any collateral Intended to secure the Indebtedness. The undersigned
<br />agree to assist in the cure of any defects in the execution, delivery or substance of the Note and related agreements, and In the creation
<br />and perfection of any (lens, security interests or other collateral rights securing the Note.
<br />CONSENT TO SELL LOAN. The parties hereto agree: (a) Lender may sell or transfer all or part of this loan to one or more purchasers,
<br />whether related or unrelated to Lender; (b) Lender may provide to any purchaser, or potential purchaser, any information or knowledge
<br />Lander may have about the parties or about any other matter relating to this loan obligation, and the parties waive any rights to privacy it
<br />may have with respect to such matters: (el the purchaser of a loan will he considered its absolute owner and will have all the rights
<br />yontud under the loan documents or agreements governing the sale of the loan; and (d) the purchaser of a loan may enforce its interests
<br />irrespective of any claims or defenses that the parties may have against Lender.
<br />ARBITRATION AGREEMENT. Binding Arbitration. Lender and each party to this agreement hereby agree, upon demand by any party, to
<br />submit any Dispute to binding arbitration in accordance with the terms Of this Arbitration Program. A "Dispute' shall include any dispute.
<br />clalni or controversy of any kind, whether in contract or in tort legal or equitable, now existing or hereafter arising, relating in any way to
<br />this Agreement or any related agreement incorporating this Arbitration Program (the "Documents "), or any past, present, or future loans,
<br />transactions, contracts agreements, relationships, Incidents or injuries of any kind whatsoever relating to or Involving Business Ranking,
<br />Community Banking, or any successor group or department of Lender. DISPUTES SUBMITTED TO ARBITRATION ARE NOT RESOLVED IN
<br />COURT By A JUDGE OR JURY,
<br />Governing Rules. Any arbitration proceeding will ('b be governed by the Federal Arbitration Act (Title 9 of the United States Code),
<br />notwithstanding any conflicting chuice of law provision in any of the documents between the parties; and (ill be conducted by the
<br />American Arbitration Association ( "AAA" L or such other administrator as the parties shall mutually agree upon, in accordance with the
<br />AAA's commercial dispute resolution procedures, unless the claim Or counterclaim is at least $1,000,000.00 exclusive of claimed interest,
<br />arbitration fees and costs in which rase the arbitration shall be conducted in accordance with the AAA's optional procedures for large,
<br />complex commercial disputes (the commercial dispute resolution procedures or the optional procedures for large, complex commercial
<br />disputes to be referred to, as applicable, as the "Rules'). if there Is any Inconsistency between the terms hereof and the Rules, the terms
<br />and proroduras set forth herein shall control. Arbitration proceedings hereunder shall be conducted at a location mutually agreeable to the
<br />Portico, or if they cannot agree, than at a location selected by the AAA in the state of the applicable substantive law primarily governing
<br />the Credit. Any party who tails or refuses to submit to arhitration following a demand by any other party shall bear all costs and expenses
<br />turfed by such other party in compelllny arbitration of any Dispute. Arbitration may be demanded at any time, and may be compelled by
<br />summary Proceedings in Court. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy
<br />shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration If any other
<br />party contests such action for judicial relief. The arbitrator shall award all costs and expenses of the arbitration proceeding. Nothing
<br />contained herein shall be deemed to be a waiver by any party that is a bank of the protections afforded to it under 12 U.S.C. °91 or any
<br />similar.ppheahle state law.
<br />No Waiver of Provisional Remedies, Sell Help and Foreclosure. The arbitration requirement does not limit the right of any party to (i)
<br />foreclose against real or personal property eufaleral; (a) exercise self -help remedies relating to collateral or proceed. of collateral such as
<br />setoff or repossession; or (iii) obtain provisional or ancillary remedies such as replevin, Injunctive relief, attachment or the appointment of a
<br />recervor, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or
<br />obligation of any party to submit any Dispute to arbitration or reference hereunder, Including those an Inn from the exorcist, of the actions
<br />detailed In sections III. (ill and In) of this paragraph.
<br />Arbitrator Qualifications and Powers. Any arbitration proceeding In which the amount in controversy is $5,000,000.00 or less will be
<br />decided by a single arbitrator selected according to the Ruleer end he shall not render an award Of greater than $5,000,000.00. Any
<br />Dispute In which the amount in controversy ex .ads 55,000.000.00 shall be deeded by majority vote of a panel of three arbitrators
<br />provided however, that all three arbitrators must actively participate in all hearings and deliberations. Every arbitrator most be a practiciny
<br />attorney or a retired member of the state or federal judiciary, in ellhpr 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 will give affect to
<br />the statutes of limitation in determining any claim. In any arbitration proceeding the arbitrator will decide (by documents only or with a
<br />hearing at the arbitrator's discretion) any pre hearing motions which are similar to motions to dismiss for failure to state a claim or motions
<br />for summary adjudication. The arbitrator shall resolve all Disputes in a ordance with the applicable substantive law and may grant any
<br />remedy or relief that a court of such state could order or grant within the scope hereof and such ancillary relief as ary to make
<br />effective any award. The arbitrator shall also have the power to award recovery of all costs and fees, to Impose sanctions and to take
<br />such other action as the arbitrator deems neressary to the same extant a judge could pursuant to the Federal Rules of Civil Procedure, the
<br />applicable State Rules of Civil Procedure, or other applicable law, Judgment upon the award rendered by the arbitrator may be entered in
<br />any court having jurisdiction.
<br />Discovery. In any arbitration protection discovery will be permitted in accordance with the Rules. All discovery shall be expressly limited
<br />to matters directly relevant to the Dispute being arbitrated and must be completed no later than 20 days before the hearing date and within
<br />180 days of the filing of the Dispute with the AAA. Any requests for an extension of the discovery periods, or any discovery disputes, will
<br />be subject to final determination by the arbitrator upon a showing that the request fur discovery Is essential for the party's presentation
<br />and that no alternative means for obtaining information Is available.
<br />Miscellaneous. To the maximum extent practicable. the AAA, the arbitrators and the parties shall take .II action required to conclude any
<br />arbitration proceeding within 180 days of the filing of the Dispute with the AAA. The resolution of any Dispute shall be determined by a
<br />separate arbitration procecding and such Dispute shall not be consoildated with other disputes or ncluded in any class proceeding. No
<br />arbitrator or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures of
<br />Information by a party required In the ordinary course of Its business or by applicable law or regulation. If more than one agreement for
<br />arbitnumn by or between the parties potentially applies to a Dispute, the arbitration provision most directly related to the documents
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