Laserfiche WebLink
RPRE008"IJ <br />200004586 <br />ARBITRATION RIDER <br />(To Be Recorded Together with Security Instrument) <br />THIS RIDER is made this 26th day of May 2000 and is incorporated into and shall be deemed to amend and <br />supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument ") of the same date given by <br />the undersigned (the "Borrower ") to secure Borrower's Note (the "Note ") to EquiFirst Corporation (the <br />"Lender ") of the same date and covering the property described in the Security Instrument and located at <br />1518 W. Koenig, Grand Island, NE 68801 <br />(Property Address) <br />As used in this Rider, the term "Lender" includes Lender's successors and assigns and the company servicing <br />the Note on Lender's behalf. <br />ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security <br />Instrument, Borrower and Lender further covenant and agree as follows: <br />ARBITRATION OF DISPUTES. Any claim, dispute or controversy (whether in contract, tort, or <br />otherwise) arising from or related to the loan evidenced by the Note, including but not limited to all statutory <br />claims, any claim, dispute or controversy that may arise out of or is based on the relationships which result from <br />the Borrower's application to the lender for the loan, the closing of the loan, or the servicing of the loan, or any <br />dispute or controversy over the applicability or enforceability of this arbitration agreement or the entire <br />agreement between Borrower and Lender (collectively "claim "), shall be resolved, upon the election of either <br />Borrower or Lender, by binding arbitration, and not by court action, except as provided under "Exclusions from <br />Arbitration" below. <br />This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be <br />governed by the Federal Arbitration Act (9 U.S.C. Sections 1 -16) and the Code of Procedure of the National <br />Arbitration Forum in effect at the time a claim is filed. Copies of the arbitration rules and forms can be <br />obtained and any claims can be filed at any National Arbitration Forum office, at P.O. Box 50191, Minneapolis, <br />MN 55404, on the World Wide Web at www.arb- forum.com or by calling (800) 474 -2371. <br />This agreement to arbitrate shall apply no matter by whom or against whom a claim is made. Any election to <br />arbitrate may be made at any time, regardless of whether a lawsuit has been filed or not, and such party making <br />the election may bring a motion in any court having jurisdiction to compel arbitration of any claim and/or to <br />stay the litigation of any claim pending arbitration. Any participatory arbitration hearing will take place in the <br />federal judicial district of the Borrower's residence, unless a different location is agreed to by Borrower and <br />Lender. At Borrower's request, Lender will advance the first $150 of the filing and hearing fees for any claim <br />which the Borrower may file against the Lender. The arbitrator will decide which party will ultimately be <br />responsible for paying these fees. All claims between the Borrower and Lender shall be arbitrated individually, <br />and shall not be subject to being joined or combined in any proceeding with any claims of any persons, or class <br />of persons other than Borrower or Lender. The arbitrator shall apply relevant law and provide written, reasoned <br />findings of fact and conclusions of law. Judgment upon the award rendered by the arbitrator may be entered in <br />any court having jurisdiction. <br />EXCLUSIONS FROM ARBITRATION. This arbitration agreement shall not apply to rights or <br />obligations under the loan documents that allow the Lender to foreclose or otherwise take possession of <br />property securing the loan, including repossession, foreclose or unlawful detainer. Nor shall it be construed to <br />prevent any party's use of bankruptcy or judicial foreclosure. No provision of this agreement shall limit the <br />right of the Borrower to exercise Borrower's rights under the Uniform Covenant labeled "Borrower's Right to <br />reinstate ". Subject to these limitations, this arbitration agreement will survive the pay -off of the loan. <br />SEVERABILITY. If the arbitrator or any court determines that one or more terms of this arbitration <br />agreement or the arbitration Code are unenforceable, such determination shall clot impair or affect the <br />enforceability of the other terms of this arbitration agreement or the arbitration Code. <br />Page 1 of 2 C <br />10256 -B� <br />EF045 (12/99) <br />