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201108742
<br />DEED OF TRUST
<br />Loan No: 0428844947 (Co11t111ued) Page 12
<br />enforceable. If any such Dispute is not submitted to arbitration, the Dispute shall be referred to a referee In accordance
<br />with Catifomia Code of C(vil Procedure Section 638 et seq., and thls general reference agreement is intended 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. My party may require that a Dispute be resolved in Small Claims Court if the Dispute and related
<br />claims are fully within that court's jurisdiction.
<br />If Connecticut law govems the Disnute, the following provision is inGuded:
<br />Real Prop�rty Collateral. Notw(thstanding 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 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 Qi) all parties to the arbitraUon waive any rights 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 all indebtedness and
<br />obligations of the parties, and all mortgages, Ifens and security interests securing such indebtedness and obligations,
<br />shall remain fully valid and enforceable.
<br />If Idaho law govems the Disput0. the following provision is included:
<br />Real Property Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration
<br />if the Dispute concems indebtedness secured diredly or indirecUy, in whole or in part, by any real properry unless (i)
<br />the holder of the moRgage, lien or security interest speciflcally elects in writing to proceed with the arbitration, or (ii) all
<br />parties to the arbitration waive any rights or benefrts 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 />securiry interests sea�ring such indebtedness and oblfgations, shall remain fully valid and enforceable.
<br />If Montana law q�vema the Dispute. the following provlsion is included:
<br />Real Property Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if
<br />the Dispute concems indebtedness secured direcUy or indirectly, in whole or in part, by any real property unless (i) the
<br />holder of the mortgage, lien or security interest speciflcally elects in writing to proceed with the arbitration, or (ii) all
<br />parties to the arbitratton waive any rights or benefrts 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, lians and
<br />securiry interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
<br />If Nevada law aovams the Dlspute, the following provision is Included:
<br />Real Prop�rty Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if
<br />the Dispute concems indebtedness secured diredly or indirectly, in whole or in part, by any real property unless (i) the
<br />holder of the moRgage, lien or security interest 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 />stetute of Nevada, thereby agreeing that atl indebtedness and obligations of the parties, and alt mortgages, liens and
<br />security interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
<br />If South Dakota law govems the Dlsoute, the following provlsion Is Included:
<br />Real Property Collateral. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if
<br />the Dispute concems indebtedness secured diredly or indirecUy, in whole or in part, by any real property unless (i) the
<br />holder of the mortgage, lien or securiry interest spec'rfically elects in writing to proceed with the arbitration, or (ii) all
<br />parties to the arbitration waive any rights or benefrts 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 all mortgages, liens
<br />and securiry interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
<br />If Utah law govems the Dis�, the following provision is included:
<br />Real Property Collateral; Judlcial Reference. Notwithstanding anything herein to the contrary, no Dispute shall be
<br />submitted 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 the mortgage, lien or security interest specifically elects in wrfting to proceed with
<br />the arbitration, or (i) 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 Utah, thereby agreeing that all Indebtedness and obtigations of the parties, and all
<br />mortgages, liens and securiry interests securing such indebtedness and obligations, shall remain futly valid 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 Civil Procedure 53, and this general reference agreement is intended to be specifically enforceable. A
<br />master with the qualifications required herein for arbitrators shall be selected pursuant to the AAA's selection
<br />procedures. Judgment upon the decision rendered by a master shall be entered in the court in which such proceeding
<br />was commenced in accordance with Utah Rule of Cfvil Procedure 53(e).
<br />If �inla law govems the DlspUt6, the following provision is included:
<br />Real Properly Collateral; Judlcial Reference. Notwithstanding anything herein to the contrary, no Dispute shall be
<br />submitted 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 the mortgage, Ilen or security interest specifically elects in writing to proceed with
<br />the arbitration, or (ii) all parties to the arbitration waive any rights or beneflts 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
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