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201102579
<br />MODIFICATION OF DEED OF TRUST
<br />Loan No: 8603426349 (Continued) Page 3
<br />notice and a hearing before judgment is entered, or after judgment is entered, but before execution upon the judgment. Any claims,
<br />disputes or controversies challenging the confession 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 procedure or other applicable law.
<br />H. Real Pro�rty,provisions.
<br />If Califomia law qoverns the Disnute, the foilowing provisions are included:
<br />Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute 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 of California, thereby agreeing that ali indebtedness
<br />and obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fuliy
<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 Section 638. A referee with the qualifications required herein for arbitrators shall be selected pursuant to the AAA's
<br />selection procedures. Judgment upon 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 Procedure Sections 644 and 645.
<br />Small Claims Court. 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 Connecticut Iaw qoverns the Di��, the following provision is included:
<br />Real Property 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 located in Connecticut unless (i) the holder of
<br />the mortgage, fien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration waive
<br />any rights or benefits that might accrue to them by virtue of Sections 49-1 and 49-14 et seq. of the Connecticut General Statutes, thereby
<br />agreeing that all indebtedness and ob�igations of the parties, and all mortgages, liens and security interests securing such indebtedness and
<br />obligations, shall remain fully valid and enforceable.
<br />If ldaho law y,qverns the Disuute. the following provision is included:
<br />Real Property Collateral. Notwithstanding anytfiing herein to the conlrary, no Dispute shall be submitted to arbitration if the Dispule
<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 i�terest 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 to them by virtue of the single action rule statute of Idaho, thereby agreeing that all indebtedness and obligations of the
<br />parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
<br />If Montana law qoverns the Disnute• the following provision is included:
<br />Real Property 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 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 to them by virtue of the single action rule siatute of Montana, thereby agreeing that all indebtedness and obligations of
<br />the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and
<br />e�forceable.
<br />If Nevada law povems the Di� u,�te, the following provision is included:
<br />Real Property Collateral. Notwithstanding any[hing 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 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 to them by virtue of the single action rule statute of Nevada, thereby agreeing that all indebtedness and obligations of
<br />the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and
<br />enforceable.
<br />If $outh Dakota law qoverns the Disoute, the following provision is included:
<br />Real Property Collaterel. 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 i� 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 arbitration waive any rights or benefits
<br />that might accrue to them by virtue of the single action rule statute of South Dakota, thereby agreeing that all indebtedness and obligations
<br />of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and
<br />enforceable.
<br />If �jtah law yoverns the Dis�, the following provision is included:
<br />Real Property Collateral; Judicial Reference. Notwithstanding anylhing herein to the contrary, no Dispute sha1V 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 of Utah, thereby agreeing that all indebtedness and
<br />obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid
<br />and enforceable. If any such Dispute is not submitted to arbitration, the Dispute shafl be referred to a master in accordance with Utah Rule
<br />of Civil Procedure 53, and this general reference agreement is intended to be specifically enforceable. A master with the qualifications
<br />required herein for arbitrators shall be selected pursuant to the AAA's selection procedures. Judgment upon the decision rendered by a
<br />master shall be entered in the court in which such proceeding was commenced in accordance with Utah Rule of Civil Procedure 53(e).
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEED OF TRUST AND TRUSTOR AGREES
<br />TO ITS TERMS. THIS MODIFICATION OF DEED OF TRUST IS DATED MARCH 31, 2011.
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