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200102716 11343677 ARBITRATION RIDER TO THE MORTGAGE/DEED OF TRUST THIS RIDER is made this 29TH day of March, 2001 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument ") of the same date given by the undersigned (the "Borrower ") to secure Borrower's Note (the "Note ") to Saxon Mortgage, Inc (the "Lender ") of the same date and encumbering the property described in the Security Instrument and located at: 1716 Ando Street, Grand Island, Nebraska 68803 [Property Address] As used in this Rider the term "Lender" includes Lender's successors and assigns and the company servicing the Note on Lender's behalf (the "Servicer "). ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: ARBITRATION OF DISPUTES. All disputes, claims, or controversies arising from or related to the loan evidenced by the Note (the "Loan "), including statutory claims, shall be resolved by binding arbitration, and not by court action, except as provided under "Exclusions from Arbitration" below. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 -14). In any arbitration hereunder, the arbitrator shall be appointed by, and the arbitration conducted pursuant to the rules of procedure of, any one of the following arbitration service providers as shall be selected by the party initiating such arbitration: National ArbitrationForum, American Arbitration Association, or JAMS/Endispute. However, if any law applicable to the Loan requires mortgage lenders to engage, or would otherwise impose enhanced regulatory restrictions on mortgage loans that to not engage, any particular arbitration service provider, the parties agree to engage such specified provider. Any arbitration hearing shall be conducted within the Federal judicial district in which the Property is located, or within such other or more limited area as required by any applicable law. The arbitrator shall set forth in the award findings of fact and conclusions of law supporting the decision, which must be based on applicable law and supported by substantial evidence presented in the proceeding. Judgment upon the award may be entered by any court of competent jurisdiction. All disputes subject to arbitration under this agreement shall be arbitrated individually, and shall not be subject to being joined or combined in any proceeding with any claims of any persons or class of persons other than Borrower or Lender. FEES OF ARBITRATOR. In any arbitration that pertains solely to the Loan initiated by Borrower, borrower shall not be required to pay more than $125.00 in initial filing fees to the arbitrator. Then Lender shall pay any balance of such initial fees. In addition, the Lender shall pay all other fees and costs of the arbitrator for the first eight (8) hours of arbitration or any such case. The arbitrator's costs and fees for services in excess of eight (8) hours shall be the responsibility of the losing party in the arbitration. In no event, however, shall either party be responsible for any fees or expenses of any of the other party's attorneys, witnesses, or consultants, nor any other expenses for which such other party reasonably would have been expected to be liable had such other party initiated a suit in the courts of the jurisdiction in which the Borrower resides regarding a similar dispute. Page 1 of 2 Sax Form R301 (12/11/99) (07- 11 -97) C- 23774 -41 96440051.uff