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DE�D OF TRUST 2 O 1 O O�� 8 C
<br />(Continued) P�9� $
<br />occurrence of any Event of Default, at which time the license sha�l be automaticelly revoked, and Lender, or its designated agent may, at
<br />its option and wi#hout notice, make, cancal, enforce or madify any Lease or Rents, collect Rents and do any acts which Lendar deems
<br />proper to protect the security hereof vr exercise any other right or remedy hereunder. Grantor/Trustor/Martgagor represents and warrants
<br />that there exists np material default under present Leases and that those Leases are in full force and eftect. Lender, at its option and
<br />without notice, may nptify any tenant of this assignment of the Leases and Rents. Grantor/Trust�rlMortgagor agrees, at its expense, Ii) to
<br />comply with and entorce all the terms and conditions under each Lease, and defend in any action in connection with any Lease; (ii) not to
<br />modify any Lease in any material respect, nor accept surrender under pr tarminate the term of any Lease, nor waive or release any tenant
<br />under any Lease; (iii) not to anticipate the Ren#s under any Lease; and (iv) to give prompt notice to Lender of any default by any tenant
<br />under any Lease, and of any notice of detault on the part of Grantor/Trustor/Mortgagor under any Lease received from e tenant. Should
<br />Grantor/Trustor/Mortgagor fail to do eny act required to be done by Grantor/7rustor/Mortgagor hereunder, then Lender, at its option and
<br />without notice, may make or do the seme in such manner and to such axtent as Lender deems necesssry to protect the security hereof.
<br />Grantor/TrustorlMortgagor agrees to pay to Lender immediataly upon demand all sums expended under the authority hereof, including
<br />reasana6le attorneys' fees, together with interest thereon at the highest rate per annum payable under any Indebtedness, and the same, at
<br />Lender's option, may be added to the Indebtedness and secured hereby.
<br />ASSOCIATION OF UNIT OWNERS. The following provisions apply if the Real Prpperty has been submitted to unit awnership law or similar
<br />law for the establishment of condominiums or cooperative ownership of the Real Property:
<br />A. Power af Attomay. Trustor/Grantar grants an irrevocable power of attorney to Lender to vote in l.ender's discretion on any matter that
<br />may come before the association af unit owners. Lender shall have the right to exercise this power of attorney anly after
<br />Trustor'slGrantor's default; hpwever, Lender may decline to exercise this ppwer as Lender sees fit.
<br />B. Insurance. The insurance as required herein may ba carried by the associatinn of unit owners pn Trustor's/Grantor's bahelf, end the
<br />proceeds of such insurance may be paid to the association of unit owners for the purppse of repairing nr reconstructing the Property. If not
<br />so used by the association, such proceeds shall be paid ta Lender.
<br />C. Default. Trustor's/Grantor's failure to perfprm any of the obligations impased on Trustor/Grantor by the declaration sufamitting the Real
<br />Property to unit ownership, by the bytaws of the association of unit ownars, or hy any rules nr regulations thereunder, shall be an event of
<br />default under this peed of Trust. It trustor's/Grantor's interest in the Real Property is a leasehold interest and such prnperty has been
<br />submitted to unit ownership, any failure by Trustor/Grantor to perform any of the obligations imposed on 7rustor/Grantor by the lease of
<br />the Real Property from its owner, any default under such lease which might result in terminatian of the lease as it pertains to the Real
<br />Prpperty, or any failure of TrustoNGrantor as a member of an association of unit owners to take any reasona6le action within
<br />Trustor's/Grantor's ppwer to prevent a default under such lease by the assaciation of unit owners or by any member of the association
<br />shall 6e an �vant af Default under this Desd of Trust. '
<br />ppBITRATION AGREEM�NT. Arbitration - 8indin Arbitration. Lender and each party to this agreement hereby agree, upon demand by any
<br />party, to submit any Dispute to binding arbitration in accordance with the terms af this Arbitration Program. A"Dispute" shall include any
<br />dispute, claim or controversy pf any kind, whether in contract or in tort, legal or equitable, now existing or hereafter arising, relating in �ny
<br />way to any aspact of this agreement, or any related agreement incorporating this Arbitration Program (the "Documents"1, or any renewal,
<br />extension, modification or refinancing of any indebtedness or obligetion relating thereto, including without limitation, their negvtiation,
<br />execution, collateralization, administration, repayment, mpdification, extension, substitution, formation, inducement, enforcement, default
<br />or termination. DISPUTES SUBMITTED TO AR817RATION ARE NOT RESaLVE�7 IN COURT BY A JUDGE OR JURY.
<br />A. Governing Rules. Any arbitration proceeding will (i) be gvvemed by the Federal Arhitration Act 17itle 9 of the United States Code►,
<br />notwithstanding any conflicting choice of law provisian in any of the documents between the parties; and (ii) be conducted 6y the
<br />American Arbitration Association ("AAA"�, or such other administratpr as the parties shall mutually agree upan, in accordance with the
<br />AAA's commercial dispute resolution prncedures, unless the claim or counterclaim is at teast S 1,000,000.00 exclusive of claimed interest,
<br />arbitratian fees and costs, in which case the arbitration shall he conducted in accordance with the AAA's optianal procedures for large,
<br />complax commercial disputes (the commercial dispute resolution procedures or tha nptional procedures for large, complex commercial
<br />disputes are referred tp herein, as applicable, as the "Rules"1. If there is any inconsistency betwaen the terms hereof and the Rules, the
<br />terms and procedures set forth herein shaU contrpl. Arbitration proceedings hereunder shall be conducted at a location mutually agreeahle
<br />to the parties, ar if they cannot agree, then at a location selected by the AAA in the state of the appliceble substantive law primarily
<br />governing the Note. Any party who fails or rstuses to submit to arbitration fpllowing a demand by any other party shall bear all ppsts and
<br />expenses incurred by such other party in compelling arbitration of sny Dispute. Arbitration may be demanded at any time, and may 6e
<br />compelled by summary proceedings in Court. The institution and maintenance of an action for judicial relief or pursuit of a provisional pr
<br />ancillary rernedy shall not constitute a waiver of ths right of any party, including the plaintiff, to submit the controversy or claim to
<br />arbitration if any other party contests such action for judicial relief. The arbitrator shall award all costs and expenses of the arbitration
<br />proceeding. Nothing contained herein shell l�e deemed to be a waiver by any party that is a bank of the pratections afforded to it under 12
<br />U.S.C. Sectian 91 or any similar applicable state law.
<br />B. No Waiver of Provisional Remedies, Self-Hel and Fareclosure. The arbitratian requirement does npt limit the right of any party tn (i)
<br />foreclose against real or personal property collateral; (ii) exercise self-help remedies relating to callateral or proceeds af collateral such es
<br />setoff or repossession; or (iii) obtain provisional nr ancillary remedies such as replevin, injunctive relief, attachment vr the appointment of a
<br />receiver, before during or after the pendency of any arbitration proceeding. This exclusian does not constitute a waiver of the right or
<br />obligation of any perty to submit any Dispute to arbitration or reference hereunder, including those arising from the exercise of the actions
<br />detailed in sections (i►, (iil and (iii� of this paragraph.
<br />C. Arbitrator 4ualifications and Powars. Any arbitratian proceeding in which the amount in controversy is $5,OOb,000.00 or less will be
<br />decided by a single ar6itrator selected according to the Rules, and who shall not render an award of greater than SS,OOO,��n.00. Any
<br />Dispute in which the amount in controversy exceeds S5,000,000.00 shall be decided by majority vots of a panel of three arbitrators;
<br />provided however, that all three ar6itrators must actively participate in all hearings and deliberations. Every arpitrator must be a neutral
<br />practicing attamey or a retired member of the state nr federal judiciary, in eithar case with a minimum of ten years experienes in the
<br />substantive law applicable to the subject matter of the pispute. The arbitrator will determine whether pr not an issue is arbitratable and
<br />will give effect to the statutes of limitatipn in determining any claim. In any arbitration proceeding the arbitrator will decide Iby documents
<br />only or with a hearing at the ar6itratvr's discretion) any pre-hearing motions which ere similar to motions [o dismiss for failure tn state a
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