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200409940
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Last modified
10/16/2011 9:48:11 PM
Creation date
10/21/2005 4:52:57 AM
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DEEDS
Inst Number
200409940
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200409940 <br />FEES OF ARBITRATOR. In any arbitration that pertains solely to the Loan, Borrower shall not be <br />required to pay more than $125 in initial filing fees to the arbitrator. The Lender shall pay any balance of <br />such initial fees. In addition, the Lender shall pay all other fees and costs of the arbitration. In no event <br />shall either party be responsible for any fees or expenses of any of the other party's attorneys, witnesses, or <br />consultants, or any other expenses, for which such other party reasonably would have been expected to be <br />liable had such other party initiated a suit in the courts of the jurisdiction in which the Borrower resides <br />regarding a similar dispute. <br />EXCLUSION FROM ARBITRATION. This agreement shall not limit the right of Lender to (a) <br />accelerate or require immediate payment in full of the secured indebtedness or exercise the other Remedies <br />described in this Security Instrument before, during, or after any arbitration, including the right to foreclose <br />against or sell the Property; (b) exercise the rights set forth in the Uniform Covenant labeled "Protection of <br />Lenders' Rights in the Property" contained in this Security Instrument, or (c) exercise of the right under the <br />terms of this Security Instrument to require payment in full of the indebtedness upon a transfer of the <br />Property or a beneficial interest therein. Should Borrower appear in and contest any judicial proceeding <br />initiated by Lender under this Exclusion, or initiate any judicial proceeding to challenge any action <br />authorized by this Exclusion, without asserting any counterclaim or seeking affirmative relief against <br />Lender, then upon request of Borrower such judicial proceedings shall be stayed or dismissed, and the matter <br />shall proceed to arbitration in accordance with the section entitled "Arbitration of Disputes ". Any dispute <br />that could otherwise have been asserted as a counterclaim or grounds for relief in such a judicial proceeding <br />shall be resolved solely in accordance with the section entitled "Arbitration of Disputes ". <br />WAIVER: In the event your loan or an interest in your loan is transferred or sold to the Federal Home Loan <br />Mortgage Corporation ( "Freddie Mac "), this Arbitration rider shall be void and cannot be reinstated by <br />Lender or a subsequent holder or servicer of your loan. In the event of a transfer or sale to Freddie Mac, <br />neither Lender nor any subsequent holder or servicer of your loan shall require you to submit to arbitration <br />to resolve any dispute arising out of or relating in any way to your loan. Lender or lender's designee shall <br />provide you with written notice in the event of a sale or transfer of your loan by Lender or an affiliate of <br />Lender to Freddie Mac within sixty (60) days of such sale or transfer. <br />No provision of this agreement shall limit the right of Borrower to exercise Borrower's rights under the <br />Uniform Covenant labeled "Borrower's Right to Reinstate ". <br />Page 2 of 3 <br />SCI Services Arbitration Rider (08/01/2004) <br />c- 23774 -41 <br />96440052.uff\Arbitration Rider \Modified 09.24.04 <br />
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