|
200307360
<br />Loan No: 046200118998
<br />Data ID: 462
<br />23. Reconveyance By Trustee. Upon payment of all sums secured by this Security Instrument,
<br />Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and
<br />all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the
<br />Property without warranty to the person or persons legally entitled to it. Such person or persons shall
<br />pay any recordation costs. Lender may charge such person or persons a fee for reconveying the
<br />Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the
<br />charging of the fee is permitted under Applicable Law.
<br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and
<br />appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the
<br />county in which this Security Instrument is recorded. Without conveyance of the Property, the
<br />successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by
<br />Applicable Law.
<br />25. Request for Notices. Borrower, for Borrower and for Beneficiary, requests that copies of the
<br />notice of default and sale be sent to Borrower's address which is the Property Address.
<br />26. Trustee Liability; Compensation. Trustee shall not be liable for any error of judgment or
<br />act done by Trustee, or be otherwise responsible or accountable under any circumstances whatsoever.
<br />Trustee shall not be personally liable in case of entry by Trustee or anyone acting by virtue of the
<br />powers herein granted Trustee upon the Security Instrument for debts contracted or liability or damages
<br />incurred in the management or operation of the Property. Trustee shall have the right to rely on any
<br />instrument, document or signature authorizing or supporting any action taken or proposed to be taken
<br />by Trustee hereunder or believed by Trustee in good faith to be genuine. Trustee shall be entitled to
<br />reimbursement for expenses incurred by Trustee in the performance of Trustee's duties hereunder and
<br />to reasonable compensation for such of Trustee's services hereunder as shall be rendered. Borrower
<br />will, from time to time, pay compensation due Trustee hereunder and reimburse Trustee for and save
<br />and hold Trustee harmless from and against any and all loss, cost, liability, damage and expense
<br />whatsoever incurred by Trustee in the performance of Trustee's duties.
<br />All moneys received by Trustee shall, until used or applied as herein provided, be held in trust
<br />for the purposes for which they were received, but need not be segregated in any manner from any
<br />other moneys (except to the extent required by law) and Trustee shall be under no liability for interest
<br />on any moneys received by Trustee hereunder.
<br />27. Agreement to Mediate or Arbitrate. READ THIS AGREEMENT CAREFULLY. IT
<br />LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT. In
<br />this agreement to mediate or arbitrate (this "Agreement "), (a) "Transaction" means any: (1) payment
<br />of money; (2) transfer or exchange of property or any other thing of value; (3) any one or more past,
<br />present, or future extensions of, advertisement, solicitation, applications for, or inquiries about, credit,
<br />or forbearance of payment, such as a loan, a credit sale, or otherwise, from Lender to Borrower,
<br />including this Transaction; (4) gift; or (5) promise to enter into a Transaction; and (b) "Claim" means
<br />any case, controversy, dispute, tort, disagreement, lawsuit, claim, or counterclaim, and other matters in
<br />question now or hereafter existing between Lender and Borrower. A Claim includes, without limitation,
<br />anything arising out of, in connection with, or relating to: (1) this Agreement; (2) to the advertisement,
<br />solicitation, application, processing, closing or servicing of this Transaction or any instruments executed
<br />in conjunction with it (collectively the "Loan Agreements" including but not limited to the terms of the
<br />Loan, representations, promises, undertakings or covenants made relating to the Loan, or Loan
<br />Agreements executed in conjunction with the Note and this Security Instrument, services provided under
<br />the Loan Agreements, and the validity and construction of the Loan Agreements); (3) any Transaction;
<br />(4) the construction, manufacture, advertisement, sale, installation or servicing of any real or personal
<br />property which secures this Transaction; (5) any past, present, or future insurance, service, or product
<br />that is offered or sold in connection with a Transaction; (6) any documents or instruments that contain
<br />information about or document any Transaction, insurance, service, or product; and (7) any act or
<br />omission by Lender regarding any Claim.
<br />Mediation. Except as set forth below, all Claims, shall be MEDIATED prior to the filing of any
<br />legal proceeding related to any dispute relating to this Transaction. If Borrower and Lender cannot
<br />agree on the selection of a mediator for a dispute, the mediator shall be selected as follows: within 5
<br />business days of the notice that either Borrower or Lender has decided to mediate, Borrower and
<br />Lender shall each name a mediator and notify that mediator and the other party of the selection.
<br />Within 5 business days of their selection the mediators shall jointly select an independent mediator to
<br />mediate the dispute. The mediation shall occur not later than 30 days after the final mediator is
<br />selected at a time and place mutually convenient to all parties within a fifty -mile radius of Borrower's
<br />residence.
<br />Borrower and Lender agree to participate in the mediation in good faith with the intention of
<br />resolving the dispute, if possible. Legal counsel may, but is not required to, represent Borrower or
<br />Lender at the mediation. All mediation sessions will be private and all information disclosed during
<br />the mediation will be confidential. The mediator may prescribe other rules for the mediation.
<br />Expenses of the mediation including the mediator's fee shall be shared equally between Lender and
<br />Borrower. Attorneys' fees and related expenses are each party's responsibility.
<br />This Agreement to mediate is specifically enforceable.
<br />If for any reason the mediation is not completed within 45 days after the final mediator is
<br />selected, or if after the mediation, any Claim is still unresolved, such Claim shall be resolved solely and
<br />exclusively by arbitration in accordance with this Agreement.
<br />NEBRASKA - Single Family - Fannie Mae /Freddie Mac UNIFORM INSTRUMENT
<br />Modified by Middleberg, Riddle & Glanna Form 3028 1/01 (Page 11 of 13 Pages)
<br />SQL
<br />
|