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<br />200900393
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<br />Loan No: 4362807787-18
<br />
<br />MODIFICATION OF DEED OF TRUST
<br />(Continued)
<br />
<br />Page 3
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<br />shall remain fully valid and enforceable. If any such Dispute is not submitted to arbitration, the Dispute shall be referred to a referee in
<br />accordance with California Code of Civil Procedure Section 638 et seq., and this general reference agreement is intended to be specifically
<br />enforceable in accordance with said Section 638. A referee with the qualifications required herein for arbitrators shall be selected pursuant
<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 require 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 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 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 (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 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 (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 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, tha 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 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).
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<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 DECEMBER 17,2008.
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<br />TRUSTOR:
<br />
<br />
<br />By: "
<br />D..;d L. ''''"D"'' of L & P .-....... L.L.C.
<br />
<br />By: ~
<br />Marc Starostka, Manager of L & P Investments, L.L,C.
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