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<br />Loan No: 7680517335
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200709451
<br />
<br />Page 8
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<br />Dispute in which the amount in controversy exceeds $5,000,000.00 shall be decided 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 must be a practicing
<br />attorney or a retired member of the state or federal judiciary, in either 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 effect 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 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 />
<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.
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<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 />
<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 (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 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
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