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DEED OF TRUST 201 � 0 '� 7 8 "1
<br />(Continued) P�9e 9
<br />information is available.
<br />E. Class Proceadings and_Consolidations� No party shall 6e entitled to join or consolidete disputes by or against othars who are not parties
<br />to this agreement or related Documents in any arbitratipn, or to include in any arbitra#ion any dispute as a representative or member of a
<br />class, or ta act in any arbitration in the intsrest of the general public or in a private attnrney general capacity.
<br />F. Miscallaneous. To the maximum extent practicable, the AAA, the arbitrators and the parties shall #ake all action required to conclude
<br />any arbitration proceeding within 180 days of the filing of the Dispute with the AAA. No arbitrator or other party to an arbitratian
<br />proceeding may disclase the existence, content or results thereof, except for disclosures of information by a party required in the ordinary
<br />course of its business or by applicable law or regulation. If more than one agreement for arbitration by or between the parties potentially
<br />applies tn a Dispute, the arbitration provisian most directly related to the documents between the parties or the subject matter of the
<br />Dispute shall control. This arbitration provisian shall survive the repayment af the Note and the termination, amendment or expiration of
<br />any of the bocuments or any relationship between the parties.
<br />G. 5tete Specific Provisions.
<br />If Delaware law governs the Dispute, the following provision is included:
<br />Confession of Judgment. Nptwithstanding anything herein to the contrery, the arbitration requirement does not limit or preclude the right
<br />of Lander to confess judgmant pursuant to a warrant of attorney provision set forth in the Note or Related pocuments. No party shall have
<br />the right to demand binding arbitration pf any claim, dispute or contrpversy seeking to (i) strike-off or open a judgment obtained by
<br />confession pursuant to a warrant of attorney contained in the Note or Releted Documents, or (ii) challenge the waiver of a right to prior
<br />notice and a hBaring before judgment is entered, or atter )udgment is entered, but before execution upon the judgment. Any claims,
<br />disputes or controversies challenging the canfession 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 prpcedure or other applicable law.
<br />W. Real Property Provisions.
<br />If California law governs the Dispute, the following provisinns are included:
<br />Real Property Callateral; Judicisl Reference. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbi#ration if
<br />the Dispute concerns indebtedness secursd directly or indirectly, in whole or in part, by any rsal 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 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 et seq., and this general reference agreement is intended to be specifically enforceable in
<br />accordance with said 9ection 638. A referee with the qualifications required herein for arbitretors shall be selected pursuant to the AAA's
<br />selection procedures, Judgment upan 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 pracedure Sections 644 and 645.
<br />Small Claims Caurt. 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 Idshn law governs the l7i_spute, the following provision is included:
<br />Fieal Property Collateral. Notwithstanding anything herein to the cpntrary, no Disputa shall be submitted to arbitration if the ❑ispute
<br />concerns indebtedness secured directly or indirectly, in whole or in part, hy any real property unless (i) the holder of the mortgage, lien or
<br />security interest specifically elects in writing to proceed with the ar6itration, or (ii) all parties to the arbitration waive any rights or benefits
<br />thet might accrue to th�m by virtue of the single action rule statute of Idaho, thereby agreeing that all indebtedness and obligations of the
<br />psrties, and all mortgages, liens and security interests securing such indebtednass and obligations, shall remain fully valid and enforceable.
<br />If Montana law governs the Dispute, the following provision is included:
<br />Real Property Collateral. No[withstanding anything harein 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 procead with the arbitra#ion, or (ii) all parties to the arbitration waive any rights or benefits
<br />that might accrue to them by virtue of the single ectian rule statute of Montana, thereby agreeing that all indebtedness and obligations of
<br />the parties, and all mortgages, liens and security interests securing such indebtednesa and obligations, shall remain fully valid and
<br />enforceable.
<br />If Nevada law governs the Dispute, the following prnvision is included:
<br />Real Property Collateral. Notwithstending 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 proparty unless (i) the holder of the mortgage, lien or
<br />security interest specifically elects in wri[ing to proceed with the arbitra#inn, or (ii) all parties to the arbitration waive any rights or benefits
<br />that might eccrue to them by virtue of the singla action rule statute af Nevada, thereby egreeing that all indehtedness and abligations of
<br />the parties, and all martgages, liens and security interests securing such.indebtednesa and obligations, shall remain fully valid and
<br />enforceable.
<br />If South Dakota law overns the Dis ute, the following provision is included:
<br />Fteal Property Collateral. Notwithstanding anything herein to the contrary, no Dispute ahall be submitted to arhitration if the Dispute
<br />concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless li) the halder of the mprtgage, lien or
<br />security interest specifically eleots in writing Co prnceed 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 Svuth Dakota, theraby agreeing that all indebtedness and obligations
<br />of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shell remain fully valid and
<br />enforceable.
<br />If Uteh lew overns the Dis ute, 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 concems indebtedness secured directly ar indirectly, in whole or in part, by any real property unless (i) the holder of the
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