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00000000000000235 200213111
<br />DEED OF TRUST
<br />Loan No: NEW (Continued) Page 8
<br />Discovery. In any arbitration proceeding discovery will be permitted in accordance with the Rules. All discovery shall be expressly limited to
<br />matters directly relevant to the Dispute being arbitrated and must be completed no later than 20 days before the hearing data and within 180
<br />days of the tiling of the Dispute with the AAA. Any requests for an extension of the discovery periods, or any discovery disputes, will be
<br />subject to final determination by the arbitrator upon a showing that the request for discovery is essential for the party's presentation and that no
<br />alternative means for obtaining information is available.
<br />Miscellaneous. To the maximum extent practicable, the AAA, the arbitrators and the parties shall take all 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 proceeding and such Dispute shall not be consolidated with other disputes or included in any class proceeding. No arbitrator
<br />or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures of information by a
<br />party required in the ordinary course of Its business or by applicable law or regulation. If more than one agreement for arbitration by or between
<br />the parties potentially applies to a Dispute, the arbitration provision most directly related to the documents between the parties or the subject
<br />matter of the Dispute shall control. This arbitration provision shall survive termination, amendment or expiration of any of the documents or any
<br />relationship between the parties.
<br />State- Specific Provisions.
<br />It Idaho law governs the Dispute, the following provision Is included:
<br />Real Property Collateral. 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 the holder of the mortgage, lien or security interest
<br />specifically elects in writing to proceed with the arbitration.
<br />If Utah law governs the Dispute, the following provision is included:
<br />Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the
<br />Dispute concerns indebtedness secured directly or Indirectly, in whole or in part, by any real property unless the holder of the mortgage, Ilan or
<br />security interest specifically elects in writing to proceed with the arbitration. If any such Dispute is not submitted to arbitration, the Dispute
<br />shall, at the election of any party, be referred to a master in accordance with Utah Rule of Civil Procedure 53, and this general reference
<br />agreement is intended to be specifically enforceable. A master with the qualifications required herein for arbitrators shall be selected pursuant
<br />to the AAA's selection procedures. Judgment upon the decision rendered by a master shall be entered in the court in which such proceeding
<br />was commenced in accordance with Utah Rule of Civil Procedure b3bi
<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 agreement of the parties
<br />as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in
<br />writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Truster's residence, Truster shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustor's previous fiscal year In such form and detail as
<br />Lender shall require. "Net operating income' shall mean all cash receipts from the Property less all cash expenditures made in connection
<br />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 used to interpret or define
<br />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 estate in the Property at
<br />any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by, construed and enforced in accordance with federal law and the laws of the State
<br />of Utah. This Dead of Trust has been accepted by Lender in the State of Utah.
<br />Joint and Several Liability. All obligations of Borrower and Truster under this Deed of Trust shall be joint and several, and all references to
<br />Truster shall mean each and every Truster, and all references to Borrower shall mean each and every Borrower. This means that each
<br />Borrower and Truster signing below is responsible for all obligations in this Deed of Trust. Where any one or more of the parties is a
<br />corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of the
<br />officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or
<br />created in reliance 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 waiver Is given In writing
<br />and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any
<br />other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to
<br />demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of
<br />dealing between Lender and Truster, shall constitute a waiver of any of Lender's rights or of any of Truster 'a obligations as to any future
<br />transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance
<br />shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be
<br />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 unenforceable as to any
<br />circumstance, that finding shall not make the offending provision illegal, invalid, or enforceable as to any other circumstance. If feasible,
<br />the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so
<br />modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, Invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this
<br />Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Truster 'a interest, this Deed of Trust shall be
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