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200300232 11554422 ARBITRATION RIDER TO THE MORTGAGEIDEED OF TRUST THIS RIDER is made this 31ST day of December, 2002 , 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 America's MoneyLine Inc. (the "Lender ") ofthe same date and covering the property described in the Security Instrument and located at 4353 West Stolley Park Road Alda, Nebraska 68810 -0000 [Property Addressj As used in this Rider the tern "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 Arbitration Forum, American Arbitration Association, or JAMS/Eadispute. 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 nol be required to pay more than 5125 in initial filing fees to the arbitrator. The 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 of 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, wittiesses, or consultants, or 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 0 2 SCI Services Arbitmtlan Rider (06 /21102) (07-11-97) u-23774-41 96440051.nff