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<br /> MODIFICATION OF DEED OF TRUST 201007729
<br /> Loan No: 6162366708-34 (Continued) Page 3
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<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 upon the judgment. Any claims,
<br /> disputes or controversies challenging the confession of judgment shall be commenced and prosecuted in accordance with the procedures
<br /> set forth, and in the forum specified by the applicable state rules of civil procedure or other applicable law.
<br /> H. Real Property Provisions._
<br /> If California law governs the Dispute, the following provisions are Included:
<br /> Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, 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, lien or security interest specifically elects In writing to proceed with the arbitration, or (ill 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 California, thereby agreeing that all indebtedness
<br /> and obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully
<br /> valid and enforceable. If any such Dispute is not submitted to arbitration, the Dispute shall be referred to a referee in accordance with
<br /> California Code of Civil Procedure Section 638 at 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 /> 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 fully
<br /> 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 (i) the holder of the mortgage, lien or
<br /> security interest specifically elects in writing to proceed with the arbitration, or 60 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 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 /> 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 /> If South Dakota law governs 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 (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 /> 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 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, 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 /> obligations of the parties, and all 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 decision 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 53(e).
<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 OCTOBER 6, 2010.
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