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<br />Loan No: 8615807130
<br />
<br />ASSIGNMENT OF RENTS
<br />(Continued)
<br />
<br />200702908
<br />
<br />Page 5
<br />
<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 />
<br />State-Specific Provisions.
<br />If California law governs the Dispute, the following provision is included:
<br />
<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 et 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 />
<br />If Idaho law governs the Dispute, the following provision is included:
<br />
<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 (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 arbitration waive any
<br />rights or benefits that might accrue to them by virtue of the single action rule statute of Idaho, thereby agreeing that all indebtedness and
<br />obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid
<br />and enforceable.
<br />
<br />If Montana law governs the Dispute, the following provision is included:
<br />
<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 (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 arbitration waive any
<br />rights or benefits that might accrue to them by virtue of the single action rule statute of Montana, thereby agreeing that all indebtedness
<br />and obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully
<br />valid and enforceable.
<br />
<br />If Nevada law governs the Dispute, the following provision is included:
<br />
<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 (j) the holder of the
<br />mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ij) all parties to the arbitration waive any
<br />rights or benefits that might accrue to them by virtue of the single action rule statute of Nevada, thereby agreeing that all indebtedness and
<br />obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid
<br />and enforceable.
<br />
<br />If Utah law governs the Dispute, the following provision is included:
<br />
<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
<br />court in which such proceeding was commenced in accordance with Utah Rule of Civil Procedure 53(e).
<br />
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment:
<br />
<br />Amendments, This Assignment, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />
<br />Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Assignment.
<br />
<br />Governing Law. This Assignment will be governed by federal law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Assignment has been accepted by
<br />Lender in the State of Nebraska.
<br />
<br />Joint and Several Liability. All obligations of Borrower and Grantor under this Assignment shall be joint and several, and all references
<br />to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that
<br />each Grantor signing below is responsible for all obligations in this Assignment.
<br />
<br />Merger. There shall be no merger of the interest or estate created by this assignment with any other interest or estate in the Property
<br />at any time held by or for the benefit of lender in any capacity, without the written consent of Lender.
<br />
<br />Interpretation. (1) In all cases where there is more than one Borrower or Grantor, then all words used in this Assignment in the
<br />singular shall be deemed to have been used in the plural where the context and construction so require. (2) If more than one person
<br />signs this Assignment as "Grantor," the obligations of each Grantor are joint and several. This means that if lender brings a lawsuit,
<br />Lender may sue anyone or more of the Grantors. If Borrower and Grantor are not the same person, lender need not sue Borrower
<br />first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for
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