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Loan Np: 34Q$320944 �E con�t ST 2 410 016 2 G Page '1q
<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 arbitratian if the Dispute
<br />concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the holder pf 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 thsm 6y virtue of the single action rule statute vf Idaho, thareby agreeing that all indebtedness and obligations of the
<br />parties, and all mortgages, liens end security interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
<br />If Montana law governs the Dispute, the fvllawing prpvision is included:
<br />Real Property Collateral. Nptwithstanding anything herein to the contrary, np Dispute shall be submitted to arbitration it the �ispute
<br />concerns indebtedness secured directly or indirectly, in whole or in part, 6y any real property unless (i) the holder of the mortgage, lien or
<br />sscurity 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 />If Nevada law governs the Dispute, the following provision is included:
<br />Rael Property Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to ar6itration if the Dispute
<br />concerns indehtedness secured directty or indirectly, in whole or in part, by any real property unleas (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 6enefits
<br />that might accrue to them by virtue of the single actian rule statute of Nevada, thereby agreeing that all indebtedness and obligations of
<br />the parties, and all mortgages, lians and security interests securing such indebtedness and obligations, shall remain fully valid and
<br />enforceable.
<br />If South D�kpta lawgoverns the Disnute, the following provision is included:
<br />Real Property Collateral. Notwithstanding anything harein tp the contrary, no Dispute shell be submitted to arbitration if the Dispute
<br />concerns indebtedness secured directly or indirectly, in whole nr 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 5outh Dakota, thereby agreeing that ell indabtadness and obligations
<br />of the parties, and all mortgages, liens and security interests securing such indebtedness end obligations, shall remain fully valid and
<br />enforceable. ,
<br />If Utah law governs the Dispute, the following provislon is included:
<br />Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration it
<br />the Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real praperty unless (i) the holder of the
<br />mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration waive any
<br />rights or benefits that might accrue to them by virtue of the single action rule statute of Utah, thereby agreeing that all indebtedness and
<br />abligations af the parties, and alf mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid
<br />and enforceable. If any such Dispute is not submitted to arbitration, the Dispute shall be referred to a master in accordance with Utah Rule
<br />of Civil Procedure 53, and this general reference agreement is intended to be specifically enforceable. A master with the qualifications
<br />required herein for arbitrators shall be selected pursuant to the AAA's selection procedures. Judgment upon the dacision rendered by a
<br />master shall be entered in the court in which such proceeding was commenced in accordance with Utah Rule of Civil Procedure 531e1.
<br />MISCELLANEOUS PROVISION$. The following miscellaneous provisions are a part of this beed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, cnnstitutes the entire understanding and agreement of the
<br />parties as to the matters set forih in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of n�t operating income received from the Property during Trustor's previous tiscal ysar in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the operation of the Property.
<br />Caption Neadings. Caption headings in this Deed of Trust are for convenience purposas only and are not to be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest ar estate in the
<br />Property at any time held by or for the benefit of Lender in any capacity, without the written cvnsent of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extant not preempted by federal
<br />lew, the laws of the State of Nebraska without regard to its canflicts of law provisipns. This Deed of Trust has been accepted by
<br />Lender in the State of Ne6raska.
<br />Joint and Several Liability. All obligations of Borrpwer and Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Barrawer. This
<br />means that each Trustor signing below is responsible for all obligations in this Deed ot 7rust. Where any one ar more of the parties is
<br />a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of
<br />the officers, directors, partners, members, or other agents acting or purporting to act on tha entity's behalt, and any obligations made
<br />or created in reliance upon the professed exercise of such powers shall be guaranteed undar this peed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed af Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br />right ar any ather right. A waiver by Lender of a provision of this Deed of 7'rust sha�l npt prejudice or constitute a waiver of Lender's
<br />right otherwise ta demand strict campliance with that provision or any pther prOvision of this Deed of Trust. No prior waiver 6y
<br />Lender, npr any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights ar of any of
<br />Trustor's obligations as to any future transactinns. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
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