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D��D OF TRUST � 0�, � � 7'"r $ G
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<br />claim or mations for summary sdjudicatian. 7he arbitrator shall resolve all Pisputes in accordance with the applicable substsn#ive law and
<br />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
<br />necessary to make effective any award. The arbitrator shall also have the power to award recavery of all costs and fees, to impose
<br />sanctions and tp take such other action as the arbitrator deems necessary to the same extent a judge could pursuant to the Federal Rules
<br />of Civil Procedure, the applicable state rules of civil procedure, or other applicable law. Judgment upon the award rendered 6y the
<br />arbitrator may be entered in any court having jurisdiction. The institutipn and maintenance of an action for judicial relief or pursuit of a
<br />provisional or ancillary ramedy shall not constitute a waiver of the right of any party, including the plaintiff, tq sutamit #he cantrpversy or
<br />claim to arbitration if any other party contests such action for judicial relief.
<br />D. Discovery. In any arbitration proceeding discovery will be permitted in accordance with the Rulas. All discovery shall be expressly
<br />limited to ma#ters directly relevant to the Dispute being arbitrated and must be completed no later than 20 days before the hearing date.
<br />Any requests for an extension of the discovery periods, or any discovery disputes, will be subject to final determination by the arbitrator
<br />upan a showing that the request for discovery is essantiei for the party's presentation and thet no alternative means for obtaining
<br />informatian is available.
<br />E. Class Procaedings and Consolidations. No party shall be entitled to join or consolidate disputes by or against others who are not parties
<br />to this agreement or related Documents in any arbitration, nr to include in any arbitration any dispute as a representative or member of a
<br />class, or to ect in any arbitration in the interest of the general public or in a private attorney general capacity.
<br />F. Miscellaneous. To the maximum extent practicable, the AAA, the arbitratars and the parties shall take all action required to conclude
<br />any arpitration proceeding within 180 days of the filing of the Dispute with the AAA. No arbitratpr or other party to an arbitra#ion
<br />proceeding may disclose the existence, content or results thereof, except for disclosures of informatipn 6y a party required in the ordinary
<br />course of its business or by applicable law or regulation. If mare than one agreement for arbitratian by or hetween the parties potentially
<br />applies to a Dispute, the arbitration provision most directly ralated ta the dpcuments between the parties ar the subject metter pf the
<br />Dispute shall con#rol. This ar6itration provision shall survive the repayment af the Note and the termination, emendment or expiration of
<br />any of tha Documents or any relationship between the parties.
<br />G. 5tate 5pecific Provisions.
<br />If petaware law governs the Dispute, the following provision is included:
<br />Canfession of Judgment. Notwithstanding anything herein to the contrary, the arbitration requirement does not limit vr preclude the right
<br />of Lendar tp confess judgment pursuant to a warrant af attorney prpvisipn set forth in the Note ar Rel�tad Documents. No party shall have
<br />the right to demand binding arbitration of any claim, dispute vr controversy seeking to (i) strike-off or open e judgment obtained by
<br />confessivn pursuant to a warrant of attorney cantained 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 entersd, 6ut before execution upan the judgment. Any claims,
<br />disputes or cantroversies challenging the confession of judgment shall be cnmmenced 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 Provisians.
<br />If California law governs the Dispute, the following provisions are included:
<br />Real Property Callaterel; Judiciml Reference. Notwithstanding anything herain to the cvntrary, no ❑ispute 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 nf 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 enforceal�le. 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 63$ 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 harein for ar6itrators shall be selected pursuant to the AAA's
<br />selection prncedures. Judgment upon the decision rendered by a rafaree shall pe entered in the court in which such proceeding was
<br />commenced in accordance with Calitornia Code of Civil Procedure Sectipns 644 and 645.
<br />Small Claims Court. Any party may raquire thet a Dispute be resolved in 5mall Claims Court if the Dispute and related claims ara tully
<br />within that court's jurisdiction.
<br />If Idaho law governs the Dispute, the following provisian is included:
<br />Real Praperty 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 hplder of the mortgage, lien or
<br />security interest specifically elects in writing to proceed with th� arbitration, or (ii) all parties to the arbitratipn waive any rights or benefits
<br />that might accrue to them by virtue of the single action rule statute of Idahp, thereby agreeing that all indebtedness and obligations of the
<br />parties, and all mortgages, liens and security interests securing such indebtednass and o6ligations, shall remain fully valid and enforceable.
<br />If Montana law overns tha Dis ute the following provision is included:
<br />Real Propsrty Collateral. Notwithstanding anything herein to the cvntrary, 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 arhitration waive any rights or benefits
<br />that might accrue to them by virtue af the single action rule statute of Montana, thereby agreeing that all indeb#edness and obligations of
<br />the parties, and aU mortgages, liens and security interests securing such indebtadness 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 hersin to the contrary, no Dispute shall be submitted to arbitration if the Dispute
<br />concerns indebtadness secured directly or indirectly, in whole or in part, by any real proparty 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 tp them by virtue of the single action.rule statute pf Nevada, thereby agreeing that all indebtedness and obligations of
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