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<br />Loan No: 4362807787
<br />
<br />ASSIGNMENT OF RENTS
<br />(Continued)
<br />
<br />200806839
<br />
<br />Page 5
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<br />referred to a referee in accordance with California Code of Civil Procedure Section 638 et seq., and this general reference agreement is
<br />intended to be specifically enforceable in accordance with said Section 638. A referee 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 referee shall be entered in the
<br />court in which such proceeding was commenced in accordance with California Code of Civil Procedure Sections 644 and 645. Small
<br />Claims Court: Notwithstanding anything herein to the contrary, each party retains the right to pursue in Small Claims Court any dispute
<br />within that court's jurisdiction. Further, this arbitration provision shall apply only to disputes in which either party seeks to recover an
<br />amount of money (excluding attorneys' fees and costs) that exceeds the jurisdictional limit of the Small Claims Court.
<br />
<br />If Idaho law governs the Dispute, the following provision is included. Real Property Collateral; Judicial Reference: Notwithstanding
<br />anything herein to the contrary, no dispute shall be submitted to arbitration if the dispute concerns indebtedness secured directly or
<br />indirectly, in whole or in part, by any real property unless (j) the holder of the mortgage, lien or security interest specifically elects in writing
<br />to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the
<br />single action rule statute of Idaho, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and
<br />security interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
<br />
<br />If Montana law governs the Dispute, the following provision is included. Real Property Collateral; Judicial Reference: Notwithstanding
<br />anything herein to the contrary, no dispute shall be submitted to arbitration if the dispute concerns indebtedness secured directly or
<br />indirectly, in whole or in part, by any real property unless (i) the holder of the mortgage, lien or security interest specifically elects in writing
<br />to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the
<br />single action rule statute of Montana, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and
<br />security interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
<br />
<br />If Nevada law governs the Dispute, the following provision is included. Real Property Collateral; Judicial Reference: Notwithstanding
<br />anything herein to the contrary, no dispute shall be submitted to arbitration if the dispute concerns indebtedness secured directly or
<br />indirectly, in whole or in part, by any real property unless (j) the holder of the mortgage, lien or security interest specifically elects in writing
<br />to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the
<br />single action rule statute of Nevada, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and
<br />security interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
<br />
<br />If Utah law governs the Dispute, the following provision Is included. Real Property Collateral; Judicial Reference: Notwithstanding
<br />anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute concerns indebtedness secured directly or
<br />indirectly, in whole or in part, by any real property unless the holder of the mortgage, lien or security interest specifically elects in writing
<br />to proceed with the arbitration. If any such Dispute is not submitted to arbitration, the Dispute shall, at the election of any party, be
<br />referred to a master in accordance with Utah Rule of Civil Procedure 53, and this general reference agreement is intended to be specifically
<br />enforceable. A master with the qualifications required herein for arbitrators shall be selected pursuant to the AAA's selection procedures.
<br />Judgment upon the decision rendered by a master shall be entered in the court in which such proceeding was commenced in accordance
<br />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 />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
<br />convenience purposes only. They are not to be used to interpret or define the provisions of this Assignment.
<br />
<br />No Waiver by lender. lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given in
<br />writing and signed by lender. No delay or omission on the part of lender in exercising any right shall operate as a waiver of such
<br />right or any other right. A waiver by lender of a provision of this Assignment shall not prejudice or constitute a waiver of lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior waiver by lender,
<br />nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of lender's rights or of any of Grantor's
<br />obligations as to any future transactions. Whenever the consent of lender is required under this Assignment, the granting of such
<br />consent by lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and
<br />in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />
<br />Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually
<br />delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized
<br />overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid,
<br />directed to the addresses shown near the beginning of this Assignment. Any party may change its address for notices under this
<br />Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's
<br />address. For notice purposes, Grantor agrees to keep lender informed at all times of Grantor's current address. Unless otherwise
<br />provided or required by law, if there is more than one Grantor, any notice given by lender to any Grantor is deemed to be notice given
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