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201102579
<br />MODIFICATION OF DEED OF TRUST
<br />Loan No: 8603426349 (Continued) Page 2
<br />party, to submit any Dispute to binding arbitration in accordance with the terms of this Arbitration Program. A"Dispute" shall inciude any
<br />dispute, claim or controversy of any kind, whether in contract or in tort, legal or equitable, now existing or hereafter arising, relating in any
<br />way to any aspect of this agreement, or any related agreement incorporating this Arbitration Program (the "Documents"), or any renewal,
<br />extension, modification or refinancing of any indebtedness or obligation relating thereto, including without limitation, their negotiation,
<br />execution, collateralization, administration, repayment, modification, extension, substitution, formation, inducement, enforcement, default
<br />or termination. DISPUTES SUBMITTED TO ARBITRATION ARE NOT RESOLVED IN COURT BY A JUDGE OR JURY. TO THE EXTENT
<br />ALLOWED BY APPLICABLE LAW, THE PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL
<br />BY JURY WITH RESPECT TO ANY DISPUTE ARBITRATED PURSUANT TO THIS ARBITRATION PROGRAM.
<br />A. Governina Rules. Any arbitration proceeding will (i) be governed by the Federal Arbitration Act (Title 9 of the United States Code),
<br />notwithstanding any conflicting choice of law provision in any of the documents between the parties; and (ii) be conducted by the
<br />American Arbitration Association ("AAA"), or such other administrator as the parties shall mutually agree upo�, in accordance with the
<br />AAA's commercial dispute resolution procedures, unless the claim or counterclaim is at least $1,000,000.00 exclusive of claimed interest,
<br />arbitration fees and costs, in which case the arbitration shall be conducted in accordance with the AAA's optional procedures for large,
<br />complex commercial disputes (the commercial dispute resolution procedures or the optional procedures for large, complex commercial
<br />disputes are referred to herein, as applicable, as the "Rules"). If there is any inconsistency between the terms hereof and the Rules, the
<br />terms and procedures set forth herein shall control. Arbitration proceedings hereunder shall be conducted at a location mutual4y agreeable
<br />to the parties, or if they cannot agree, then at a location selected by the AAA in the state of the applicable substantive law primarily
<br />governing the Note. Any party who fails or refuses to submit to arbitration following a demand by any other party shali bear all costs and
<br />expenses incurred by such other party in compelling arbitration of any Dispute. Arbitration may be demanded at any time, and may be
<br />compelled by summary proceedings in Court. The institution and maintenance of an action for judicial relief or pursuit of a provisional or
<br />ancillary remedy shall not constitute a waiver of the 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 alf costs and expenses of the arbitration
<br />proceeding. Nothing contained herein shall be deemed to be a waiver by any party that is a bank of the protections afforded to it under 12
<br />U.S.C. Section 91 or any similar applicable state law.
<br />B. No Waiver of Provisional Remedies. Self-HeIQ and Foreclosure. The arbitration requirement does not limit the right of any party to (i)
<br />foreclose against real or personal property collateral; (ii) exercise self-help remedies relating to collateral or proceeds of collateral such as
<br />setoff or repossession; or (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a
<br />receiver, before during or after the pendency of any arbitration p�oceeding. This exctusion does not constitute a waiver of the right or
<br />obligation of any party to submit any Dispute to arbitration or reference hereunder, including those arising from the exercise of the actions
<br />detailed in sections (i), (ii) and (iii) of this paragraph.
<br />C. Arbitrator Qualifications and Powers. Any arbitration proceeding in which the amount in controversy is $5,000,000.00 or less will be
<br />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
<br />Dispute in which the amount in controversy exceeds $5,000,000.00 shall be decided by majority vote of a panel of three arbitrators;
<br />provided however, that afl three arbitrators must actively participate in all hearings and deliberations. Every arbitrator must be a neutral
<br />practicing attorney or a retired member of the state or federal judiciary, in either case with a minimum of ten years experience in the
<br />substantive law applicable to the subject matter of the Dispute. The arbitrator will determine whether or not an issue is arbitratable and
<br />will give effect to the statutes of limitation in determining any claim. In any arbitration proceeding the arbitrator will decide (by documents
<br />only or with a hearing at the arbitrator's discretion) any pre-hearing motions which are similar to motions to dismiss for failure to state a
<br />claim or motions for summary adjudication. The arbitrator shall resolve all Disputes in accordance with the applicable substantive law and
<br />may grant any remedy o� retief that a court of such state could order or grant within the scope hereof and such ancillary re4ief as +s
<br />necessary to make effective any award. The arbitrator shall a�so have the power to award recovery of all costs and fees, to impose
<br />sanctions and to 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 by the
<br />arbitrator may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a
<br />provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or
<br />claim to arbitration if any other party contests such action for judicial relief.
<br />Q. Discoverv. In any arbitration proceeding discovery will be permitted in accordance with the Rules. All discovery shall be expressly
<br />limited to matters 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 />upon a showing that the request for discovery is essential for the party's presentation and that no altemative means for obtaining
<br />information is available.
<br />E. _Ciass Proceedinas 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, or to include in any arbitration any dispute as a representative or member of a
<br />class, or to act in any arbitration in the interest of the general public or i� a private attorney general capacity.
<br />F. Miscellaneous. To the maximum extent practicable, the AAA, the arbitrators and the parties shall take 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 arbitration
<br />proceeding may disclose 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 to a Dispute, the arbitration provision most directly related to the documents between the parties or the subject matter of the
<br />Dispute shall control. This arbitration provision shall survive the repayment of the Note and the termination, amendment or expiration of
<br />any of the Documents or any relationship between the parties.
<br />G. State Soecific Provisions.
<br />If Delaware or Pennsylvania law qoverns the Disoute. the following provision is included:
<br />Confession of Judgment. Notwithstanding anything herein to the contrary, the arbitration requirement does not limit or preclude the right
<br />of Lender to confess judgment pursuant to a warrant of attorney provision set forth in the Note or Related Documents. No party shall have
<br />the right to demand binding arbitration of any claim, dispute or controversy seeking to (i) strike-off or open a judgment obtained by
<br />confession pursuant to a warrant of attomey contained in the Note or Related Documents, or (ii) challenge the waiver of a right to prior
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