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<br /> it 5iI f.I <br /> EXHIBIT "H" <br /> [ ARBITRATION AGREEMENT] <br /> Arbitration. Lender and Borrower agree that all disputes, claims and controversies between <br /> them, whether individual, joint, or class in nature, arising from this Note or otherwise, including <br /> without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the <br /> American Arbitration Association, upon request of either party. No act to take or dispose of any <br /> collateral securing this Note shall constitute a waiver of this arbitration agreement or be prohibited by <br /> this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary <br /> restraining order; invoking a power of sale under any deed of trust or mortgage; obtaining a writ of <br /> attachment or imposition of a receiver; or exercising any rights relating to personal property, including <br /> taking or disposing of such property with or without judicial process pursuant to Article 9 of the <br /> Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or <br /> reasonableness of any act, or exercise of any right, concerning any collateral seeming this Note, including <br /> any claim to rescind, reform, or otherwise modify any agreement relating to the collateral securing this <br /> Note, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to <br /> enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be <br /> entered in any court having jurisdiction. Nothing in this Note shall preclude any party ITom seeking <br /> equitable relief ITom a court of competent jurisdiction. The statute of limitations, estoppel, waiver, <br /> laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall <br /> be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall <br /> be deemed the commencement ofan action for these purposes. The Federal Arbitration Act shall apply <br /> to the construction, interpretation, and enforcement of ~his arbitration provision. <br /> --- <br /> Page I of Exhibit H <br />