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200304928
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Last modified
10/15/2011 9:01:39 PM
Creation date
10/21/2005 5:07:41 PM
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DEEDS
Inst Number
200304928
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200304928 <br />30. AGREEMENT TO ARBITRATE. Lender or Grantor may submit to arbitration any dispute, claim or other matter in <br />question between or among Lender and Grantor that arises out of or relates to this Transaction (Dispute), except as <br />otherwise indicated in this section or as Lender and Grantor agree to in writing. For purposes of this section, this <br />Transaction includes this Security Instrument and any other documents, instruments and proposed loans or <br />extensions of credit that relate to this Securty Instrument. Lender or Grantor will not arbitrate any Dispute within any <br />"core proceedings" under the United States bankruptcy laws. <br />Lender and Grantor must consent to arbitrate any Dispute contenting a debt secured by real estate at the time of the <br />proposed arbitration. Lender may foreclose or exercise any powers of sale against real property securing a debt <br />underlying any Dispute before, during or after any arbitration. Lender may also enforce the debt secured by this real <br />property and underlying the Dispute before, during or after any arbitration. <br />Lender or Grantor may seek provisional remedies at any time from a court having jurisdiction to preserve the rights of <br />or to prevent irreparable injury to Lender or Grantor. Foreclosing or exercising a power of sale, beginning and <br />continuing a judicial action or pursuing self -help remedies will not constitute a waiver of the right to compel <br />arbitration. <br />The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute, whether <br />individual or joint in nature, or whether based on contract, tort, or any other matter at law or in equity. The arbitrator <br />may consolidate any Dispute with any related disputes, claims or other matters in question not arising out of this <br />Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator's award, The judgment or <br />decree will be enforced as any otherjudgment or decree. <br />Lender and Grantor acknowledge that the agreements, transactions or the relationships which result from the <br />agreements or transactions between and among Lender and Grantor involve Interstate commerce. The United States <br />Arbitration Act will govern the interpretation and enforcement of this section. <br />The American Arbitration Association's Commercial Arbitration Rules, in effect on the date of this Security <br />Instrument, will govern the selection of the arbitrator and the arbitration process, unless otherwise agreed to in this <br />Security Instrument or another writing. <br />31. WAIVER OF TRIAL FOR ARBITRATION. Lender and Grantor understand that the parties have the right or <br />opportunity to litigate any Dispute through a trial by judge or jury, but that the parties prefer to resolve <br />Disputes through arbitration instead of litigation. If any Dispute is arbitrated, Lender and Grantor voluntarily <br />and knowingly waive the right to have a trial by jury orjudge during the arbitration. <br />SIGNATURES. By signing, Grantor agrees to the tens and covenants contained in this Security Instrument. Grantor <br />also acknowledges receipt of a copy of this Security Instrument. <br />V <br />ACKNOWLEDGMENT. <br />(Individual) <br />S�gIC OF NebY0.SrJ �Dua. OF <br />This instrumentwas acknowledged before me this - day of by <br />Hoy D Neneman and Lucy A Nenc an, hue an and wife <br />My commission expires: <br />4GBEPALHOURtrill N Nebraska bllc <br />Y Cm . EiP D��122,, 20% (Notary ) <br />he2102 -5ne <br />Nebraska HELOG Mortgage <br />Nebraska <br />©1996 Bankers Systems, Inc, St Cloud, MN Page 5 <br />
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