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20110865G
<br />• DEED OF TRUST
<br />Loan No: 2935477005 (Continued) Page 11
<br />Note or Related Documents, or (ii) challenge the waiver of a right to prior notice and a hearing before judgment is
<br />entered, or after judgment is entered, but before execution upon the judgment. Any claims, disputes or controversies
<br />challenging the confession of judgment shall be commenced and prosecuted in accordance with the procedures set
<br />forth, and in the forum specified by the applicable state rules of civil procedure or other applicabfe law.
<br />If M�land law governs the Disp�te, the following provision is included:
<br />Confesseon of Judgmeni. Notwithstanding anything herein to the contrary, the arbitration requirement does not limit or
<br />preclude the right of Lender to confess judgment, and no party shall have the right to demand binding arbitration of any
<br />claim, dispute or controversy seeking to open a judgment obtained by confession. Nothing herein, including the
<br />arbitration requirement, shall limit the right of any party to foreclose judicially or non judicially against any real or
<br />personal property collateral, or exercise judicial or non-judicial power of sale rights. No provision regarding submission
<br />to a jurisdiction and/or venue in any court or the waiver of any right to trial by jury is intended or shall be construed to
<br />be in derogation of the provisions for arbitration of any dispute. Any claim or counterclaim or defense raised in
<br />connection with Lender's exercise of any rights set forth in the Note or Related Documents shall be subject to the
<br />arbitration requirement.
<br />If So�th Garolina law governc the Dico�te, the following provision is included:
<br />WAIVER OF JURY TR1AL. NOTWlTHSTANDING ANYTHING HEREIN TO THE CONTRARY, WITHOUT INTENDING IN
<br />ANY WAY TO LIMIT THE pARTIES' AGREEMENT TO ARBITRATE ANY DISPUTE AS SET FORTH IN THIS MORTGAGE,
<br />TO THE EXTENT ANY DISPUTE IS NOT SUBMITTED TO ARBITRATION OR IS DEEMED BY THE ARBITRATOR OR 8Y
<br />ANY CQURT WIThI JURtSDIC710M Tp BE NOT ARBITRABLE OR NOT REQUIRED TO BE Af261TRATED, MORTGAGOR
<br />AND MORTGAGEE WAIVE TRIAL BY JURY IN RESPECT OF ANY SUCH DISPUTE AND ANY ACTION ON SUCH
<br />DISPUTE. THIS WAIVER IS KNOWINGLY, WILLINGLY AND VOIUNTARILY MADE BY MORTGAGOR AND
<br />MORTGAGEE, AND MORTGAGQR AWD MORTGAGEE HEREBY REPRESENT THAT NO REPRESENTATIONS OF FACT
<br />OR OPINION HAVE BEEN MADE BY ANY PERSON OR ENTITY TO INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN
<br />ANY WAY MODIFY OR NULIIFY ITS EFFECT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES
<br />ENTERING tNTO THE LOAN DOCUMENTS. MORTGAGOR AND MORTGAGEE ARE EACH HEREBY AUTHORIZED TO
<br />FILE A COPY OF THIS SECTION IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER OF JURY TRIAL
<br />MORTGAGOR FURTHER REPRESENTS AND WARRANTS THAT IT HAS BEEN REPRESENTED IN THE StGNiNG OF THtS
<br />MORTGAGE AND IN THE MAKING OF THIS WAIYER BY INDEPENDENT LEGAL COUNSEL, OR HAS HAD THE
<br />OPPORTUNITY TO BE REPRESENTED BY INDEPENDENT LEGAL COUNSEL SELECTED OF ITS OWN FREE WILL, AND
<br />THAT IT HAS HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH COUNSEL.
<br />If Virginia law qovems the Disoute, the following provision is included:
<br />Confession of Judgment. The arbitration requirement does not limit or preclude the right of Lender to confess judgment
<br />pursuant to a warrant of attorney provision set forth in the Note or Related Documents. No party shaii have the right to
<br />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 attorney contained in the Note or Related Documents, (ii) challenge the waiver of a
<br />right to prior notice and a hearing before judgment is entered, or after judgment is entered, but before execution upon
<br />the judgment. Any ciaims,, disputes or controversies challenging the confession of judgment shall be commenced and
<br />prosecuted in accordance with the procedures set forth, and in the forum specified by the appticabte state rules of civil
<br />procedure or other applicable law.
<br />=.i
<br />If California law governs the Disnete, the foNowing provisions are included:
<br />Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute shall be
<br />submitted to arbitration if the Dispute concems indebtedness secured directiy or indirectly, in whole or in part, by any
<br />real property unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with
<br />the arbitration, or (ii) all parties�to the arbitration waive any rights or benefits that might accrue to them by virtue of the
<br />single action rule statute of California, thereby agreeing that all indebtedness and obligations of the parties, and al!
<br />mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and
<br />enforceable. If any such Dispute is not submitted to arbitration, the Dispute shall be referred to a referee in accordance
<br />with Califomia Code of Civil Procedure Section 638 et seq., and this general reference agreement is inYended to be
<br />specifically enforceable in accordance with said Section 638. A referee with the qualifications required herein for
<br />arbitrators shall be selected pursuant to the AAA's selection procedures. Judgment upon the decision rendered by a
<br />referee shall be entered in the court in which such proceeding was commenced in accordance with Califomia Code of
<br />Civil Procedure Sections 644 and 645.
<br />Small Claims Court. Any party may require that a Dispute be resolved in Smafl Claims Court if the Dispute and related
<br />claims are fuNy wiihi� ihat co�rPs jurisdiction.
<br />If Connectec+!t law povems the Diso�te, the following provision is included:
<br />Real Property Collateral. 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 rea! property located in
<br />Connecticut unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with
<br />the arbitration, or (ii) all parties to the arbitration waive any Hghts or benefits that might accrue to them by virtue of
<br />Sections 49-1 and 49-14 et seq. of the Connecticut General Statutes, thereby agreeing that al! indebtedness and
<br />obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations,
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