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Loan No: 9228225850/34 MODIFICATION O~ DEED OF TRUST2 0 0 8 0 7 208 (Continued) Page 3 If Idaho law governs the Dispute, the following provision is included. Real Property Collateral: Judicial Reference: Notwithstanding anything herein to the contrary, no dispute shall be submitted to arbitration if the dispute concerns indebtedness secured directly or 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 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 single action rule statute of Idaho, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and enforceable. If Montana law governs the Dispute, the following provision is included. Real Property Collateral: Judicial Reference: Notwithstanding anything herein to the contrary, no dispute shall be submitted to arbitration if the dispute concerns indebtedness secured directly or 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 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 single action rule statute of Montana, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and enforceable. If Nevada law governs the Dispute, the following provision is included. Real Property Collateral: Judicial Reference: Notwithstanding anything herein to the contrary, no dispute shall be. submitted to arbitration if the dispute concerns indebtedness secured directly or 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 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 single action rule statute of Nevada, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and enforceable. If Utah law governs the Dispute, the following provision is included. Real Property Collaterel; Judicial Reference: Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration. If any such Dispute is not submitted to 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 this general reference agreement is intended to be specifically enforceable. A master with the qualifications required herein for arbitrators shall be selected pursuant to the AAA's selection procedures. Judgment upon the decision rendered by a master shall be entered in the court in which such proceeding was commenced in accordance with Utah Rule of Civil Procedure 53(e). TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEED OF TRUST AND TRUSTOR AGREES TO ITS TERMS. THIS MODIFICATION OF DEED OF TRUST IS DATED AUGUST 13, 2008. TRUSTOR: W.W. APT'S, L.L.C. By: Cv'YlRd-:fZ- ~ 'lJ4~t.;;:U Ernest R. WIlliams, Member of W.W. APT'S. L.L.C. By: iI. e ~>J:-- ul A. Wagner. Mimber of W.W. APT'S. L.L.C. LENDER: WELLS FARGO BANK. NATIONAL ASSOCIATION x ~.4 #- Aut or z Officer