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201009345 summary proceedings in Court. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, ta submit the controversy or claim to arbitration if any other party contests such action for judicial relief. 7he arbitratnr shall award all costs and expenses of the arbitration proceeding. Nothing contained herein shall be deemed to be a waiver by any party that is a bank of th� protections afforded to it under 12 U.S.C. §91 or any similar applicable state law. (c) No Waiyer of Provisional Remedies. �e(t-�l��nd Fnreclosure. The arbitration requirement does not limit the right of any party to (i) foreclose against real or personal praperty collateral; (ii) exercise self- help remedies relating to collateral ar proceeds of collateral such as setoff or repossession; pr (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any Dispute to arbitration or reference hereunder, including thnse arising from the exercise of the actions detailed in sections (i), (ii) and (iii) of this paragraph. (d) q��jt[ator C,��alifications and Power�. Any arbitration proc�eding in which the amaunt in controversy is $5,000,000.00 or less will be decided by a single arbitrator selected according to the Rules, and who shall not render an award of greater than $5,000,000.00. Any Dispute in which the amount in con#roversy exceeds $5,000,000.00 shall be decid�d by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations. Every arbitrator must be a neutral practicing attorney or a retired member of the state ar federal judiciary, in either case with a minimum of ten years experience in the substantive law applicable to the subject matter of the pispute. The arbitrator will determine whether or not an issue is arbitratable and will give effect to the statutes of limitation in determining any claim. In any arbitration proceeding the arbitrator will decide (by documents only or with a hearing at the arbitrator's discretion) any pre-hearing motions which are similar to motians ta dismiss for failure to state a claim or mntions for summary adjudication. The arbitrator shall resolve all Disputes in accordance with the applicable substantive law and may grant any remedy or relief that a court af such state could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award. 7he arbitrator shall also have the power to award recovery of all costs and fees, ta impose sanctions and to take such other action as the arbitrator deems necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the applicable state rules of civil procedure, ar other applicable law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The institution and maintenance of an action far judicial relief or pursuit of a provisional or ancillary remedy shall not cnnstitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim ta arbitration if �ny other party contests such action for judicial relief. (e) Discovery. In any arbitration proceeding discovery will be permitted in accordance with the Rules. All discovery shall be expressly limited to matters dir�ctly relevant to the Dispute being arbitrated and must be completed no later than 20 days before the hearing date. Any requests for an extension of the discovery periods, or any discovery disputes, will be subject td final determination by the arbitrator upon a showing that the request for discovery is essential for the party's presentation and that no alternative means for obtaining information is available. (fl Class Proceedipg�.��,nd Consolidations. No party shall be entitled to join or consolidate disputes by or against others who are nat parties to this Deed of Trust in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity. (g) Miscellane�us. To the maximum extent practicable, the AAA, the arbitrators and the parties shall DeedOfTrust-NE Job 1550608450-1310239189 Loan Vers.1 12/p3/201q Page 17 of 19