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loan No: 0040246326 DEED OF TRUST (Continued) 200601119 page 7 required by law), when depo:;ited with a nationally recognized overnight courier, or, if mailed, when depo:;ited in the United States mail, a:; fir:;t class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of thi:; Deed of Trust. All copies of notice:; of foreclosure from the holder of any lien which has priority over this Deed of Tru:;t :;hall be sent to lender's addre:;:;, a:; shown near the beginning of thi:; Deed of Tru:;t. Any person may change his or her address for notices under thi:; Deed of Tru:;t by giving formal written notice to the other person or per:;ons, specifying that the purpo:;e of the notice ill to change the person's addre:;s. For notice purposes, Tru:;tor agrees to keep lender informed at all times of Tru:;tor's current address. Unle:;:; otherwise provided or required by law, if there is more than one Tru:;tor, any notice given by lender to any Trustor ill deemed to be notice given to all Trustor:;. It will be Trustor':; re:;ponsibility to tell the others of the notice from lender. FURTHER ASSURANCES. The partie:; hereto agree to do all things deemed neces:;ary by Lender in order to fully document the loan evidenced by this Note and any related agreement:;, and will fully cooperate concerning the execution and delivery of security agreements, :;tock powers, instructions and/or other documents pertaining to any collateral intended to :;ecure the Indebtedness. The undersigned agree to a:;:;i:;t in the cure of any defects in the execution, delivery or :;ubstance of the Note and related agreement:;, and in the creation and perfection of any lien:;, security intere:;ts or other collateral rights securing the Note, CONSENT TO SELL lOAN. The partie:; hereto agree; (a) Lender may sell or tran:;fer all or part of this loan to one or more purchasers, whether related or unrelated to lender; (b) lender may provide to any purchaser, or potential purcha:;er, any information or knowledge Lender may have about the parties or about any other matter relating to this loan obligation, and the parties waive any rights to privacy it may have with re:;pect to such matter:;; (c) the purcha:;er of a loan will be con:;idered its ab:;olute owner and will have all the rights granted under the loan document:; or agreements governing the sale of the loan; and (d) the purchaser of a loan may enforce it:; intere:;ts irrespective of any claims or defen:;e:; that the partie:; may have against Lender. FACSIMILE AND COUNTERPART. Thi:; document may be :;igned in any number of separate co pie:;, each of which :;hall be effective a:; an original, but all of which taken together shall con:;titute a single document. An electronic transmission or other facsimile of thi:; document or any related document :;hall be deemed an original and shall be admis:;ible a:; evidence of the document and the signer's execution. ARBITRATION AGREEMENT. Arbitration - Binding Arbitration. lender and each party to this agreement hereby agree, upon demand by any party, to :;ubmit any Di:;pute to binding arbitration in accordance with the term:; of this Arbitration Program. A "Dispute" :;hall include any di:;pute, claim or controver:;y of any kind, whether in contract or in tort, legal or equitable, now existing or hereafter arising, relating in any way to thi:; Agreement or any related agreement incorporating this Arbitration Program (the "Documents"), or any past, present, or future loan:;, transactions, contracts, agreements, relationships, incident:; or injuries of any kind whatsoever relating to or involving Bu:;iness Banking, Regional Banking, or any :;uccessor group or department of Lender. DISPUTES SUBMITTED TO ARBITRATION ARE NOT RESOLVED IN COURT BY A JUDGE OR JURY. Governing Rules. Any arbitration proceeding will (i) be governed by the Federal Arbitration Act (Title 9 of the United State:; Code), notwith:;tanding any conflicting choice of law provision in any of the documents between the parties; and (ii) be conducted by the AAA (American Arbitration Association), or such other admini:;trator as the parties :;hall mutually agree upon, in accordance with the AAA':; commercial di:;pute resolution procedures, unless the claim or counterclaim ill at least $1,000,000.00 exclusive of claimed interest, arbitration fees and co:;t:; in which case the arbitration shall be conducted in accordance with the AAA's optional procedures for large, complex commercial di:;putes (the commercial dispute resolution procedures or the optional procedure:; for large, complex commercial di:;pute:; to be referred to, a:; applicable, as the "Rule:;"). If there is any incon:;i:;tency between the terms hereof and the Rules, the term:; and procedure:; :;et forth herein :;hall control. Arbitration proceedings hereunder :;hall be conducted at a location mutually agreeable to the parties, or if they cannot agree, then at a location selected by the AAA in the state of the applicable substantive law primarily governing the Credit. Any party who fails or refu:;e:; to :;ubmit to arbitration following a demand by any other party shall bear all costs and expen:;e:; incurred by such other party in compelling arbitration of any Dispute. Arbitration may be demanded at any time, and may be compelled by :;ummary proceeding:; in Court. The institution and maintenance of an action for Judicial relief or pursuit of a provi:;ional or ancillary remedy :;hall not constitute a waiver of the right of any party, including the plaintiff, to :;ubmit the controver:;y or claim to arbitration if any other party contests such action for judicial relief. The arbitrator shall award all co:;t:; and expense:; of the arbitration proceeding. Nothing contained herein shall be deemed to be a waiver by any party that ill a Bank of the protections afforded to it under 12 U.S.C. 091 or any similar applicable :;tate law. No Waivllr of Provisional Rllmlldie:;, Self-Help and Foreclosure. The arbitration requirement does not limit the right of any party to (j) foreclo:;e against real or personal property collateral; (ii) exercise self-help remedies relating to collateral or proceed:; of collateral such a:; setoff or repo:;:;ession; or (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclu:;ion does not con:;titute a waiver of the right or obligation of any party to submit any Di:;pute to arbitration or reference hereunder, including those ari:;ing from the exerci:;e of the actions detailed in section:; (i), (ii) and (iii) of thi:; paragraph. Arbitrator Qualifications and Powllrli. Any arbitration proceeding in which the amount in controver:;y is $5,000,000.00 or less will be decided by a single arbitrator :;elected according to the Rules, and who :;hall not render an award of greater than $5,000,000.00. Any Dispute in which the amount in controversy exceed:; $5,000,000.00 shall be decided by majority vote of a panel of three arbitrator:;; provided however, that all three arbitrators must actively participate in all hearings and deliberations. Every arbitrator must be a practicing attorney or a retired member of the :;tate or federal judiciary, in either case with a minimum of ten year:; experience in the :;ub:;tantive law applicable to the SUbject matter of the Dispute. The arbitrator will determine whether or not an i:;:;ue ill arbitratable and will give effect to the :;tatutes of limitation in determining any claim. In any arbitration proceeding the arbitrator will decide (by documents only or with a hearing at the arbitrator':; di:;cretion) any pre-hearing motions which are :;imilar to motion:; to dismiss for failure to state a claim or motions for :;ummary adjudication. The arbitrator shall re:;olve all Disputes in accordance with the applicable substantive law and may grant any remedy or relief that a court of such state could order or grant within the :;cope hereof and :;uch ancillary relief as is neces:;ary to make effective any award. The arbitrator shall also have the power to award recovery of all costs and fees, to impo:;e :;anction:; and to take such other action as the arbitrator deems necessary to the :;ame extent a judge could pursuant to the Federal Rule:; of Civil Procedure, the applicable State Rule:; of Civil Procedure, or other applicable law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Discovllry. In any arbitration proceeding di:;covery will be permitted in accordance with the Rules. All di:;covery shall be expre:;:;ly limited