the implied covenant of good faith and fair dealing, the parties must explicitly state their intention to do so.” Dick Broad. Co., 938 S.W.2d at 669 (citing 17A C.J.S. Contracts § 437 (2011)). “The implied obligation of good faith and fair dealing does not, however, create new contractual rights or obligations, nor can it be used to circumvent or alter the specific terms of the parties’ agreement.” Goot, 2005 WL 3031638, at *7 (footnotes omitted). The implied covenant of good faith and fair dealing may be particularly important where, as under Paragraph 7 of the Deed of Trust, one party possesses a unilateral right to impose serious costs on or otherwise adversely affect the other party to the contract. See, e.g., Howell v. Rivergate Toyota, Inc., 144 Fed.Appx. 475, 479 (6th Cir. 2005) (<HOLDING>); Wilson v. Amerada Hess Corp., 168 N.J. 236,
holding that duty of good faith and fair dealing did not extend to thirdparty claimant holding that the implied covenant of good faith and fair dealing is limited to performance under a contract holding that unilateral right to amend arbitration procedure was not unconscionable because it was restrained under tennessee law by the duty of good faith and fair dealing holding that claim for breach of good faith and fair dealing was precluded but only because there was not an express agreement between the parties holding that the duty of good faith and fair dealing is a contractual duty