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200010598 sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then (I) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from Borrower which exceeded permitted limits will be refunded to the Borrower. The Lender may choose to make this refund by reducing the principal Borrower owes under Borrower's Note or by making a direct payment to Borrower. If a refund reduces principal, the reductions will be treated as a partial prepayment and shall not postpone or reduce any installments. Q. Any Controversy or claim arising out of or relating to this document or any transactions, events or contracts in any way relating to or arising from this document, shall be settled by arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) and judgment upon the award rendered by the arbitrator may be entered in any Court having jurisdiction thereof. If a separate Alternative Dispute Resolution Agreement and /or Arbitration Agreement now or hereafter exists between any of the parties to this document, then all parties agree to be bound by the separate Alternative Dispute Resolution Agreement or Arbitration Agreement which shall totally supersede this arbitration provision. If the separate agreement is determined for any reason to be invalid or unenforceable, then this arbitration provision may be enforced by any party. R. The covenants and agreements herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators, successors and /or assigns of the parties hereto. However, in the event the Note and Security Instrument referred to herein are assigned to Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Corporation ( FHLMC), then FNMA or FHLMC shall have the option of enforcing or waiving all or part of this Special Provision Rider as to their acts and omissions; provided however any servicer or subservicer shall have the right to enforce this Special Provision Rider as to its acts and omissions. If this Special Provision Rider is reassigned by FNMA or FHLMC to any other investor, then this Special Provision Rider shall be reinstated in full force and effect without regard to any waivers by FNMA or FHLMC. Wherever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. The Borrower agrees that if a mobile home, manufactured housing or similar improvement is described in the Security Instrument or on any documents referred to by the Security Instrument, then the Security Instrument shall be considered to be a Security Agreement under applicable law and shall create a security interest in favor of Lender against the personal property or fixture so described. The Borrower also represents and declares his /her intent to permanently attach and affix the mobile home /manufactured housing to the land described in the Security Instrument so that the mobile home /manufactured housing will become part of the real property. The Borrower irrevocably appoints Lender, its successor and assignees, as attorney in fact with full authority to execute any and all documents relating to titling and /or perfecting a security interest in the mobile home /manufactured housing for as long as the debt secured by this Security Instrument remains unpaid WITNESS the hand(s) and seal(s) of the undersigned, as of (Date) (Seal) (Se ) Stephanie R Wagner Borrower Mi "chel l ' D Wagner Borrower (Seal) y Borrower AP# 9830237802 MLC 253 Special Provision Rider (09/29/00) Page 4 of 4 LN# 9830237802 CM# _(Seal) Borrower