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<br />Loan No: 9228225850/34 <br /> <br />MODIFICATION O~ DEED OF TRUST2 0 0 8 0 7 208 <br />(Continued) <br /> <br />Page 3 <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 (j) the holder of the mortgage, lien or security interest specifically elects in writing <br />to proceed with the arbitration, or (ij) 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) ali 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 Collaterel; 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 />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEED OF TRUST AND TRUSTOR AGREES <br />TO ITS TERMS. THIS MODIFICATION OF DEED OF TRUST IS DATED AUGUST 13, 2008. <br /> <br />TRUSTOR: <br /> <br />W.W. APT'S, L.L.C. <br /> <br />By: Cv'YlRd-:fZ- ~ 'lJ4~t.;;:U <br />Ernest R. WIlliams, Member of W.W. APT'S. L.L.C. <br /> <br />By: iI. e ~>J:-- <br />ul A. Wagner. Mimber of W.W. APT'S. L.L.C. <br /> <br />LENDER: <br /> <br />WELLS FARGO BANK. NATIONAL ASSOCIATION <br /> <br />x ~.4 #- <br />Aut or z Officer <br />