|
DEED OF TRUST 2 010 0 31 i ~
<br />(Continued) Page 8
<br />may grant any remedy or relief that a court of such state could order ar grant within the scope hereof and such ancillary relief as is
<br />necessary to make effective any award. The arbitrator shall also have the power to award recovery of all costs and fees, to impose
<br />sanctions and to take such other action as the arbitrator deems necessary to the same extent a judge could pursuant to the Federal Rules
<br />of Civil Procedure, the applicable state rules of civil procedure, nr other applicable law. Judgment upon the award rendered by the
<br />arbitrator may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a
<br />provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or
<br />claim to arbitration if any other party contests such action for judicial relief.
<br />D. Discovery. In any arbitration proceeding discovery will be permitted in accordance with the Rules. All discovery shall be expressly
<br />limited to matters directly relevant to the Dispute being arbitrated and must be completed no later than 20 days before the hearing date.
<br />Any requests for an extension of the discovery periods, yr any discovery disputes, will be subject to final determination by the arbitrator
<br />upon a showing that the request for discovery is essential for the party's presentation and that no alternative means for obtaining
<br />information is available.
<br />E. Class Prpceedings and Consolidations. No party shall be entitled to join or consolidate disputes by or against others who are not parties
<br />to this agreement in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in any
<br />arbitration in the interest of the general public or in a private attorney general capacity.
<br />F. Miscellanepus. To the maximum extent practicable, the AAA, the arbitrators and the parties shall take all action required to conclude
<br />any arbitration proceeding within 180 days of the filing of the Dispute with the AAA. No arbitrator or other party to an arbitration
<br />proceeding may disclose the existence, content ar results thereof, except for disclosures of information by a party required in the ordinary
<br />course of its business or by applicable law or regulation. If more than one agreement for arbitration by or between the parties potentially
<br />applies to a Dispute, the arbitration provision most directly related to the documents between the parties or the subject matter of the
<br />Dispute shall control. This arbitration provision shall survive the repayment of the Note and the termination, amendment or expiration of
<br />any of the documents or any relationship between the parties.
<br />G. State-Specific Provisions.
<br />If Califprnia law governs the Disl ute, 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 whale 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 California, 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 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 far 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 />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 />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 Ii1 the holder of the mortgage, lien or
<br />security interest specifically elects in writing to proceed with the arbitration, or lit) 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 />If Montana I~w 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 ar indirectly, in whole or in part, by any real property unless li) the holder of the mortgage, lien or
<br />security interest specifically elects in writing to proceed with the arbitration, or liil 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 />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 li- 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 />If South Dakota law overns the Dis ute, 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 lit) 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 />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 />
|