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11111111111111111111111111111111 200316390
<br />DEED OF TRUST
<br />(Continued)
<br />Page 9
<br />for summary adjudication. The arbitrator shall resolve all Disputes in accordance 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 is necessary 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 necessary to the same extent 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 proceeding 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 for 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 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
<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 />arbitration by or between the parties potentially applies to a Dispute, the arbitration provision most directly related to the documents
<br />between the parties or the subject matter of the Dispute shall control. This arbitration provision shall survive termination, amendment or
<br />expiration of any of the documents or any relationship between the parties.
<br />State- Specific Provisions.
<br />If California 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
<br />the Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless the holder of the
<br />mortgage, lien or security interest specifically elects in writing to proceed with the arbitration. If any such Dispute is not submitted to
<br />arbitration, the Dispute shall, at the election of any party, be referred to a referee in accordance with California Code of Civil Procedure
<br />Section 638 at seq., and this general reference agreement is intended to be specifically enforceable in accordance with said Section 638.
<br />A referee with the qualifications required herein for arbitrators shall be selected pursuant to the AAA's selection procedures. Judgment
<br />upon the decision rendered by a referee shall be entered in the court in which such proceeding was commenced in accordance with
<br />California Code of Civil Procedure Sections 644 and 645.
<br />If Idaho law governs the Dispute, the following provision is included:
<br />Real Property Collateral; Judicial Reference. arbitration. 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 unless (i) the holder
<br />of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration
<br />waive any rights or benefits that might accrue to them by virtue of the single action rule statute of Idaho, thereby agreeing that all
<br />indebtedness and obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations,
<br />shall remain fully valid and enforceable.
<br />If Montana law governs the Dispute, the following provision is included:
<br />Real Property Collateral; Judicial Reference. arbitration. 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 unless (i) the holder
<br />of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration
<br />waive any rights or benefits that might accrue to them by virtue of the single action rule statute of Montana, thereby agreeing that all
<br />indebtedness and obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations,
<br />shall remain fully valid and enforceable.
<br />If Nevada law governs the Dispute, the following provision is included:
<br />Real Property Collateral; Judicial Reference. arbitration. 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 unless (i) the holder
<br />of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration
<br />waive any rights or benefits that might accrue to them by virtue of the single action rule statute of Nevada, thereby agreeing that all
<br />indebtedness and obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations,
<br />shall remain fully valid and enforceable.
<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
<br />the Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless the holder of the
<br />mortgage, lien or security interest specifically elects in writing to proceed with the arbitration. If any such Dispute is not submitted to
<br />arbitration, the Dispute shall, at the election of any party, be referred to a master in accordance with Utah Rule of Civil Procedure 53, and
<br />this general reference agreement is intended to be specifically enforceable. A master with the qualifications required herein for arbitrators
<br />shall be selected pursuant to the AAA's selection procedures. Judgment upon the decision rendered by a master shall be entered in the
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