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201108742
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11/22/2011 9:08:57 AM
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11/22/2011 9:08:57 AM
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DEEDS
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201108742
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201108742 <br />DEED OF TRUST <br />Loan No: 0428844947 (Continued) Page 11 <br />related Document. <br />F. Mlseellaneous. To the maximum extent practicable, the AAA, the arbitrators and the parties shall take all action <br />required to conclude any arbitration proceeding withln 180 days of the filing of the Dispute with the AAA. No arbitrator <br />or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures <br />of information by a party required in the ordinary course of its business or by applicable law or regulation. If more than <br />one agreement for arbitration by or between the parties potentially applies to a Dispute, the arbitration provision most <br />directly related to the documents between the parties or the subject matter of the Dispute shall control. This arbiVation <br />provision shall survive the repayment of the Note and the termination, amendment or expiration of any of the <br />Documents or any relattonship between the parties. <br />G. State Sueciflc Provislons. <br />It Delaware or Pennsvlvania law qyverns the DlsRute. the foilowing provision is included: <br />Confession of Judgment Notwithstanding anything herein to the contrary, the arbitratlon requirement does not limit or <br />preclude the right of Lender to confess judgment pursuant to a warrant of attomey provision set forth fn the Note or <br />Related Documents. No party shall have the right to demand binding arbitratfon of any claim, dispute or controversy <br />seeking to (i) sVike-off or open a judgment obtained by confession pursuant to a warrant of attomey contained in the <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 shail 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 applicable law. <br />If Ma and law qovems the Dis�, the following provislon Is Included: <br />Confession oi Judgment 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 />ciaim, dispute or controversy seeking to open a judgment obtained by confession. Nothing herein, inciuding the <br />arbitration requirement, shall limit the right of any party to foreclose judicfaliy 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 jurisdidion and/or venue in any court or the waiver of any right to Vial by jury is intended or shall be construed to <br />be in derogatian of the provisions for arbitratlon of any dispute. Any claim ar 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 South Carolina law govems the DlsputB, the Pollowing provision is included: <br />WAIVER OF JURY TRIAL NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WITHOUT INTENDING IN <br />ANY WAY TO LIMIT THE PARTIES' AGREEMENT TO ARBITRATE ANY D13PUTE AS SET FORTH IN THIS MORTGAGE, <br />TO THE EXTENT ANY DISPUTE IS NOT SUBMITTED TO ARBITRATION OR IS DEEMED BY THE ARBITRATOR OR BY <br />ANY COURT WITH JURISDICTION TO BE NOT ARBRRABLE OR NOT REQUIRED TO BE ARBITRATED, MORTGAOOR <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 VOLUNTARILY MADE BY MORTGAGOR AND <br />MORTGAGEE, AND MORTGAGOR AND MORTGAGEE HEREBY REPRESENT THAT NO REPRESENTATIONS OF FACT <br />OR OPINION HAVE BEEN MADE BY ANY PERSON OR ENTITY TO INDUCE THIS WANER OF TRIAL BY JURY OR TO IN <br />ANY WAY MODIFY OR MULUFY ITS EFFECT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES <br />ENTERIIdG INTO THE LOAN DOCUMENTS. MORTGAGOR AND MORTOAGEE ARE EACH HEREBY AUTHORIZED TO <br />FILE A COPY OF THIS SECTION IN ANY PROCEEDINO AS CONCLUSIVE EVIDENCE OF THIS WAIVER OF JURY TRIAL <br />MORTf3AGOR FURTHER REPRESENTS AND WARRANTS THAT IT HAS BEEN REPRESENTED IN THE SIGNINO OF THIS <br />MORTGAGE AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL, OR HAS HAD THE <br />OPPORTUNITY TO BE REPRESENTED BY INDEPENDENT LEGAL COUNSEL 3ELECTED OF ITS OWN FREE WILL, AND <br />THAT IT HAS HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH COUNSEL. <br />If �inia law aovems the DlsAUte, 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 shall 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 attomey conteined in the Note or Related Documents, (ii) challenge the waiver of a <br />rlght to prior notice and a hearing before judgment is entered, or after judgment is entered, but before execution upon <br />the judgment. Any claims, 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 applicable state rules of civil <br />procedure or other applicable law. <br />H. Real Prog� Collateral. <br />If Callfomla law qovema tha Dlsaute, the following provislons are included: <br />Real Properly Collateral; Judlcial Reference. Notwithstanding anything herein to the contrary, no Dlspute shall be <br />submitted to arbitration if the Dispute concems indebtedness secured directly or indirecUy, 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) aIl parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the <br />single action rule statute of Cal'rfomia, thereby agreeing that all indebtedness and obligations of the parties, and all <br />mortgages, liens and security interests securing such indebtedness and obligations, shalt remafn fully valid and <br />
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