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<br />200808279 <br /> <br />loan No: 2748248700 <br /> <br />MODIFICATION OF DEED OF TRUST <br />(Continued) <br /> <br />Page 3 <br /> <br />to the AAA's selection procedures. Judgment upon the decision rendered by a referee shall be entered in the court in which such <br />proceeding was commenced in accordance with California Code of Civil Procedure Sections 644 and 645. <br /> <br />Small Claims Court. Any party may req'uire that a Dispute be resolved in Small Claims Court if the Dispute and related claims are <br />fully within that court's jurisdiction. <br /> <br />If Idaho law lIoverns the DisPute. the following provision is included: <br />Real Property Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute <br />concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the holder of the mortgage, lien or <br />security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights or benefits <br />that might accrue to them by virtue of the single action rule. statute of Idaho, thereby agreeing that all indebtedness and obligations of the <br />parties, and all mortgages, liens and 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: <br />Real Property Collateral. Notwithstanding anything herein to the contrary. no Dispute shall be submitted to arbitration if the Dispute <br />concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (j) the holder of the mortgage, lien or <br />security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights or benefits <br />that might accrue to them by virtue of the single action rule statute of Montana, thereby agreeing that all indebtedness and obligations of <br />the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and <br />enforceable. <br /> <br />If Nevada law governs the Dispute, the following provision Is Included: <br />Real Property Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute <br />concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (j) the holder of the mortgage, lien or <br />security interest specifically elects in writing to proceed with the arbitration, or (iil all parties to the arbitration waive any rights or benefits <br />that might accrue to them by virtue of the single action rule statute of Nevada, thereby agreeing that all indebtedness and obligations of <br />the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and <br />enforceable. <br /> <br />If South Dakota law governs the Dispute. the following provision is Included: <br />Real Property Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute <br />concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (j) the holder of the mortgage, lien or <br />security interest specifically elects in writing to proceed with the arbitration, or (iil all parties to the arbitration waive any rights or benefits <br />that might accrue to them by virtue of the single action rule statute of South Dakota. thereby agreeing that all indebtedness and obligations <br />of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and <br />enforceable. <br /> <br />If Utah law governs the DisPute. the following provision Is included: <br />Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to <br />arbitration if the Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the holder <br />of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (Ii) all parties to the arbitration <br />waive any rights or benefits that might accrue to them by virtue of the single action rule statute of Utah, thereby agreeing that all <br />indebtedness and obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, <br />shall remain fully valid and enforceable. If any such Dispute is not submitted to arbitration, the Dispute shall be referred to a master in <br />accordance with Utah Rule of Civil Procedure 53, and this general reference agreement is intended to be specifically enforceable. A master <br />with the qualifications required herein for arbitrators shall be selected pursuant to the AAA's selection procedures. Judgment upon the <br />decision rendered by a master shall be entered in the court in which such proceeding was commenced in accordance with Utah Rule of <br />Civil Procedure 53(e). <br /> <br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODI FICA nON OF DEED OF TRUST AND TRUSTOR AGREES <br />TO ITS TERMS. THIS MODIFICATION OF DEED OF TRUST IS DATED SEPTEMBER 15. 2008. <br />