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20110865G
<br />DEED OF TRUST
<br />Loan Na: 2935477005 (C017tinued) Page 12
<br />shall remain fully valid and enforceable.
<br />!f ldahe law qpvems the Diso�te the foNowing provision is included:
<br />Real Property Collateral. Notwithstanding anything herein to the contrary, no Dispute shali be submitted to arbitration
<br />if the Dispute concems indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i)
<br />the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) a!1
<br />parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule
<br />statute of Idaho, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and
<br />security interests securing such indebtedness and obligaUons, shall remain fully valid and enforceable.
<br />If Montana law govems the Disn�te. the following provision is included:
<br />Real Property Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbiMation if
<br />the Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any rea! property unless (i) the
<br />holder of the mortgage, lien or security interest specificaily elects in writing to proceed with the arbitration, or (ii) all
<br />parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule
<br />statute of Montana, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and
<br />security interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
<br />If Nevada law yoverns the Di,�p ��te, the following provision is included:
<br />Rea! Property Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if
<br />the Dispute concems indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the
<br />holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) atl
<br />parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule
<br />staYute of IJevada, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and
<br />security interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
<br />If South Dakota law govems the Dis�y�tg, the following provision is included:
<br />Real Property Coliateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if
<br />the Dispute concerns indebtedness secured directly or indirectly, in whote or in part, by any real property unless (i) the
<br />holder of khe mortgage, lien or security inieresi specifically elects in writing to proceed with the arbitration, or (ii) all
<br />parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule
<br />statute of South Dakota, thereby agreeing that all indebtedness and obligations of the parties, and afl mortgages, liens
<br />and security interests securing such indebtedness and obligations, shall remain fully valid arrcl enforceable.
<br />if Utah law governs the Disyte, the following provision is included:
<br />Real Property Coliateral; Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute shall be
<br />submitted to arbitration if the Dispute concerns indebtedness secured directly 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 ruie statute of Utah, thereby agreeing that all indebtedness and obligations of the parties, and all
<br />mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully vaiid and
<br />enforceable. If any such Dispute is not submitted to arbitration, the Dispute shall be referred to a master in accordance
<br />with Utah Rule of Civii Procedure 53, and this general reference agreement is intended to be specifically enforceable. A
<br />master with the quatifications required herein for arbitrators shall be selected pursuant to the AAA's selection
<br />procedures. Judgment upon the decision rendered by a master shail be entered in the court in which such proceeding
<br />was commenced in accordance with Utah Rule of Civil Procedure 53(e).
<br />If Virginia iaw governs the Disnute, the following provision is included:
<br />Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute shaN be
<br />submitfed to arbitration if the Dispute concems indebtedness secured directly or indirectly, in whole or in part, by any
<br />real property unless (i) the holder of Yhe 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 any
<br />single action rule, thereby agreeing that all indebtedness and obligations of the parties, and all mortgages, liens and
<br />security interests securing such indebtedness and obligatlons, shalf remain fully valid and enforceable.
<br />MISCELlANEOUS PROVISIONS. The following miscetlaneous provisions are a part of this Deed of Tnist:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this
<br />Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br />bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to
<br />Lender, upon request, a certified statement of net operating income received from the Property during Trustor's
<br />previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
<br />receipts from the Property less all cash expenditures made in connection with the operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of Yhe interest or estate created by this Deed of Trust with any other interest or
<br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
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