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201500079
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4/14/2015 12:08:47 PM
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1/5/2015 2:42:35 PM
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DEEDS
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201500079
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201500070 <br />ancillary relief as is necessary to make effective any award. The arbitrator shall also have the power to <br />award recovery of all costs and fees, to impose sanctions and to take such other action as the arbitrator <br />deems necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the <br />applicable state rules of civil procedure, or other applicable law. Judgment upon the award rendered by <br />the arbitrator may be entered in any court having jurisdiction. The institution and maintenance of an <br />action for judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the <br />right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party <br />contests such action for judicial relief. <br />(e) Discovery. In any arbitration proceeding discovery will be permitted in accordance with the Rules. All <br />discovery shall be expressly limited to matters directly relevant to the Dispute being arbitrated and must <br />be completed no later than 20 days before the hearing date. Any requests for an extension of the <br />discovery periods, or any discovery disputes, will be subject to final determination by the arbitrator upon <br />a showing that the request for discovery is essential for the party's presentation and that no alternative <br />means for obtaining information is available. <br />(f) Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate <br />disputes by or against others in any arbitration, except parties to this agreement, or any contract, <br />instrument or document relating to this agreement, or to include in any arbitration any dispute as a <br />representative or member of a class, or to act in any arbitration in the interest of the general public or in <br />a private attorney general capacity. <br />(g) Small Claims Court. Any party may require that a Dispute be resolved in Small Claims Court if the <br />Dispute and related claims are fully within that court's jurisdiction. <br />(h) Miscellaneous. To the maximum extent practicable, the AAA, the arbitrators and the parties shall <br />take all action required to conclude any arbitration proceeding within 180 days of the filing of the Dispute <br />with the AAA. No arbitrator or other party to an arbitration proceeding may disclose the existence, <br />content or results thereof, except for disclosures of information by a party required in the ordinary course <br />of its business or by applicable law or regulation. If more than one agreement for arbitration by or <br />between the parties potentially applies to a Dispute, the arbitration provision most directly related to the <br />documents between the parties or the subject matter of the Dispute shall control. This arbitration <br />provision shall survive the repayment of the Note and the termination, amendment or expiration of any of <br />the Documents or any relationship between the parties. <br />6.10 Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the <br />homestead exemption laws of the State of Nebraska as to all Secured Obligations secured by this Deed <br />of Trust and further Trustor understands that Trustor has the right to make a designation of homestead <br />in the Real Property described in this Deed of Trust and execution of this Deed of Trust constitutes a <br />waiver of rights otherwise available for the purpose of affording the Trustor an opportunity to retain <br />Trustor's homestead in the event of default hereon. <br />DeedOtTrust -NE Job 1896368832- 1903345458 Term Loan Vers.1 12/22/2014 Page 18 of 22 <br />
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