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DEED OF TRUST 2 O 1 O n� 6 2�i Laan Na: 34p8320'144 (Continued) Page 9 ancilisry remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim ta arbitration if any other party contests such action for judicial relief. The arbitrator shall award all costs and expenses of the arbitration proceeding. Npthing contained herein shall be deemed to be a waiver by any party that is a bank of the protections afforded to it under 12 U.S.C. Section 91 or any similar applicable state law. B. No Waivar pf Pravisipnal Remedies, Self-Help and Foreclosure. The arbitration requirement does not limit the right vf any party to (i) foreclose against real ur personal property collateral; (ii) exercise self-help remedies relating to collateral or proceeds af callateral such as setoff or repossession; or (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusipn does not constitute a waiver of the right ar obligation of eny party to submit any �ispute to ar6itration or reference hereunder, including those arising from tha exercise of the actinns detailed in sections (i), (ii) and (iii) of this paragraph. C. Arbitrator Qualifications and Powers. Any arbitration proceeding in which the amount in controversy is 55,0OO,OQQ.00 or less will be decided by a single arbitrator selected according to the Rules, and who shall not render an award of greater than 55,000,000.00. Any �ispute in which the amount in controversy exceeds 55,000,000.00 shall be decided by majority vote of a panel pf three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations. Every arbitrator must be a neutral practicing attorney or a retired member of the state or federal judiciary, in either case with a minimum of ten years experience in the substantive law applicable to the subject matter of the Dispute. The arbitrator will determine whether or not an issue is arbitratable and will give effect to the statutes of limitation in determining any claim. In any arbitration proceeding the arbitrator will decide (6y documents nnly pr with a hearing at the arbitrator"s discretion) any pre-hearing motions which are similar tp mptions to dismiss for failure to state a claim or motions for summary adjudication. The arbitrator shall resolve all pisputes in accardance with the applicable substantive law and may grant any remedy or relief that a court of such state could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award. The arbitrator shall also have the power to award recovery of all costs and fees, tn imppse sanctions and to take such other action as the arbitrator deems necessary to [he same extent a judge could pursuant ta the Federal Rules of Civil Procedure, the applicable state rules of civil procedure, or other applicable law. Judgment upon the award rendered by the arbi[rator may be entered in any court having jurisdiction. The institutian and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief. D. Piscovery. In any arbitration proceeding diacovery will be permitted in accardance with the Rules. All discovery shall be expressly limited to matters directly relevan[ to the Dispute being arbitrated and must be completed no later than 20 days before the hearing date. Any requests for an extension of the discovery periods, or any discovery disputes, will be subject to final determination by the arbitrator upon a showing that the request for discovery is essential for the party's presentation and that no alternative means for obtaining informatipn is available. E_ Class Proceedings and Consolidations. No party shall be entitled to join or consolidate disputes by or against others who are not parties to this �greement or related Documents in any arbitration, or to include in any arbitration any dispute as a represantative or member of a class, or to act in any arbitratipn in the interast of the general public or in a private attorney general capacity. F. Miscellaneous. To the maximum extent practicable, the AAA, the arbitrators and the parties shall teke all action required to conclude any arhitration proceeding within 180 days of the filing of the pispute with the AAA. No arbitrator or other party to an arbitration proceeding may disclose the existence, con#ent ar rasults theraof, except for disclosures of information by a party required in the ordinary course of its business or 6y applicable law ar reguletion. If more than one agreement for arbitration by or between the parties potentially applies to a Dispute, the arbitration provision most directly related to the documents between the parties or the subject matter of the Dispute shall control. This arbitration provision shall survive the repayment of the Note and the termination, emandment or expiration of any af the 17ocuments or any relatipnship between the parties. G. State_S�ecific_Provisions. If Delaware law governs the Disqute, the following provision is included: Confession of Judgment. Notwithstanding anything herein to the contrary, the arbitration requirement does not limit ar preclude th,e right of Lender to confess judgment pursuant to a warrant of attorney provision set forth in the Note or Related Dqcuments. No party shall have the right to demand binding arbitration of any claim, dispu[e or controversy seeking to (i) strike-off or open a judgment optained by confession pursuant to a warrant of attorney contained in the Note or Related Documents, or (ii) challenge the waiver of a right to prior notice end a hearing before judgment is entered, or after judgment is entered, but befare execution upon the judgment. Any claims, disputas or controversies challenging the confession of judgment shall be commenced and prpsecuted in accordance with the procedures set forth, and in the forum specified by the applicable state rules of civil procedure or other applicable law. H. Real PropertY Provisipns. If California l�w governs the Dispute, the following provisions are included: Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute shall ba submitted to arbitration if the Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless 1i) the holder of the martgage, 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 accrua to them by virtue of the single action rule statute af California, 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 any such Dispute is not su6mitted to arbitration, the Dispute shall be referred to a referee in accordance with California Code of Civil Procedure Sectiqn 638 et seq., and this ganeral reference agreement is intended to be specifically enfprceable in accordance with said Section 638. A referee with the qualifications required herein for arbitrators shall be selected pursuant to the AAA's selection procedures. Judgment upon the decision rendered by a referee shall be entered in the court in which such proceeding was commenced in accordance with California Code of Civil Procedure Sections 644 and 645. Small Claims Court. Any party may require that a Dispute 6e resolved in Small Claims Court if the Dispute and related claims are fully within that court's jurisdiction.