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ASSIGNMENT OF RENTS � O �� Q O 7 6 2 i
<br />Loan Na: 340$32p144 (Continu�d) Page 5
<br />�ispute shall control. This arbitratinn provision shall survive the repaymant of the Note and the termination, amendment nr expiration pf
<br />any of the Documents or any relationship between the parties.
<br />G. State Specific Provisinns.
<br />If Delaware law s�overns tha Dispute, the following provision is included:
<br />Confession af Judgment. Notwithstanding anything herein to the contrary, tha arbitratian requirement does not limit or preclude the right
<br />of Lender to confess judgment pursuant ta a warrant vf attarney provisipn set fprth in the Note or Related Documents. No party sha►I have
<br />the right to demand binding arbitratipn of any claim, dispute or cpntroversy seeking to (i) strike-off or open a judgment obtained by
<br />confession pursuant to a warrant of attorney contained in the Note or Related Documents, or (ii) challenge the waiver of a right to prior
<br />notice and a hearing before judgment is entered, or after judgment is entered, but before execution uppn the judgment. Any claims,
<br />disputes or contrnversies challenging the confessian of judgment shall be commenced and prosecuted in accordance with the procedures
<br />set forth, and in the forum specified hy the applicahle state rules of civil prpcedure pr other applicable law.
<br />H. Rael Pronertv Provisions.
<br />If Califarnia law„governs the Dis,�„ute, the following provisions are included:
<br />Real Property Coll�teral; Judicial Refe�ence. Notwithstanding anything herein to the contrary, nv Disputa shall 6e submitted to arbitration if
<br />the Dispute concerns indebtedness securad directly or indireptly, in whole or in part, by 8ny real property unless (i) the holder of the
<br />mortgage IiBn pr 58curity intBrBSt SpBCifiC811y 818Cts in writin� t0 prpCeed with the arbitration, or (ii) all parties to the arbi[ration waive any
<br />rights or henefits that might accrue to them by virtue of the single action rule statute af California, thereby agreeing that all indebtedness
<br />and obligations of the parties, and alt mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully
<br />valid and enforceable. If any such Dispute is npt submitted to arbitratipn, the Dispute shall be referred to a referee in accordance with
<br />California Code of Civil Procedure 5ection 638 et seq., and this general reference agreement is intended to be specifically enforceable in
<br />accordance with said Section 638. A referee with the qualifications required herein for arbitrators shall be selected pursuant to the AAA's
<br />selection procedures. Judgment upon the decision rendered by a referee shall be entered in the court in which such proceeding was
<br />cammenced 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 5mall Claims Court if the Di5pute and related claims are fully
<br />within that court's jurisdiction.
<br />If Idaho law governs the Dispute, the following provisian is included:
<br />Real property Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the pispute
<br />concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless {i) the holder of the mprtgage, 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 agreaing that all indebtedness and obligations of the
<br />parties, and alI mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
<br />If Montana law governs the Dispute, the following provision is included:
<br />Real Property Collateral. Nptwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute
<br />concerns indebtedness securad directly or indirectly, in whnle or in part, by any real property unless (i) the holder of the mortgage, lien or
<br />security interest specifically elects in writing to prqcesd 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 indeb[edness and obligations of
<br />the parties, and all mortgages, liens and security interests sacuring such indebtedness and obligations, shall remain fully valid and
<br />enforceable.
<br />If Nevada law governs the Disqute, the following provision is included:
<br />Real Praperty Call�teral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute
<br />concerns indebtedness sacured directly ar indiractly, in whole or in part, by any real praparty unless (i) the holder of the mortgage, lien or
<br />securi[y 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 n6ligations, shall remain fully valid and
<br />enforceable.
<br />If South Dakota law governs_the Dispute, the following provision is included:
<br />Real Praperty Colla#eral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute
<br />concsrns indebtedneas 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 ar6itra[ion waive any rights or benefits
<br />that might aperue #a them by virtue vf the single action rule statute of 5outh pakota, thareby 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 con[rary, no Dispute shall be submitted to arbitration if
<br />the Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the holder of the
<br />mortgage, lian or seCUrity interest specifically elects in writing tv proceed with the arbitration, or (ii) all pariies to the arbitration waiva 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 />obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid
<br />and enforceahle. If any such Dispute is not submitted to arbitration, the Dispute shall he referred to a master in accordance with Utah Rule
<br />of Civil Procedure 53, and this genaral refarence agreement is intended ta be specifically enforceable. A master with tha qualifications
<br />required herein for arbitrators shall be selected pursuant to the AAA's selection procedures. Judgment upon the decisiqn 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 531e).
<br />MISCELLANEOUS PROVI510NS. The following miscellaneous provisions are a part of this Assignment:
<br />Amendments. This Assignment, together with any Related Documents, constitutes the entire understending and agreement of the
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