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DEC -II -02 03:13PN FROM- T -010 P. 022/030 F -023 <br />200214105 <br />fees, except as otherwise provided by law- If a statute gives you the right <br />to recover these fees, or the fees paid to the arbitration administrator, <br />these statutory rights shall apply in the arbitration notwithstanding anything <br />to the contrary contained herein. If the arbitrator issues an award in the <br />Lender Ps favor, you will not he required to reimburse the Lender for any fees <br />the Lender has previously paid to the arbitration administrator or for which <br />the Lender is responsible. <br />D. Applicable Law; Judgement. This Arbitration Rider is made pursuant <br />to a transaction involving interstate commerce, and shall be governed by the <br />Federal Arbitration Act, 9 U.S.C. Sections 1 -6 (the "FAA "). The arbitrator <br />shall apply applicable substantive law consistent with the FAA, including laws <br />concerning reception, rejection, and consideration of evidence, and shall <br />provide written reasoned lindings of fact and conclusions of law. The <br />arbitrators award shall not be subject to appeal except as permitted by the <br />FAA. The parties agree that the award shall be kept confidential. Judgement <br />upon award may be entered in any court having jurisdiction. All statutes of <br />limitations that would otherwise be applicable shall apply to any arbitration <br />proceedings. <br />E. Powers Of Arbitrator. The arbitrator shall survive repayment of <br />your loan. If any portion of this Arbitration Rider is deemed invalid or <br />unenforceable under any law or statute consistent with the FAA, it shall not <br />invalidate the remaining portions of this Arbitration Rider- in the event of <br />a conflict or inconsistency between the rules and procedures of the <br />arbitration administrator and this Arbitration Rider, this Arbitration Rider <br />shall govern. No Class action or joinder or consolidation of any Claim with <br />the claim of any other person are permitted in arbitration without the written <br />consent of you and the Lender. <br />G. C18108 Not Subject to Arbitration. NO provision Of, nor the <br />exercise of any rights under this Arbitration Rider shall limit the right of <br />any party during the pendency of nay Claim, to seek and use ancillary or <br />preliminary remedies, judicial or otherwise, for the purpose of realizing <br />upon, preserving, protecting or foreclosing upon any property involved in any <br />Claim or subject to the Loan documents. The use of the courts shall not <br />constitute a waiver of the right of any party, including the plaintiff, to <br />submit any Claim to arbitration nor render inapplicable the compulsory <br />arbitration provisions contained in this Arbitration Rider, <br />THE PARTIES ACKNOWLEDGE THAT TREY HAD A EIGHT TO LITIGATE CLAIMS THROUGH A <br />COURT BEFORE A .JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY <br />ELECTS ARBITRATION. THE PARTIES HEREBY KNOWINGLY ANTI VOLUNTARILY WAIVE TEEIR <br />RIGHTS TO LITIGATE SUCH CLAWS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION <br />OF ARBITRATION BY EITHER PARTY. <br />You may contact, obtain the arbitration rules of, or file a Claim with NAF, <br />AAA, or JAMS as follows: <br />National Arbitration Forum <br />P.D. Box 50191 <br />Minneapolis, MN 55405 <br />(800)474 -2371 <br />www.arb- forum.org <br />code of procedure. <br />American Arbitration <br />Association <br />1150 Connecticut Ave., NW <br />6th F1 <br />Washington, D.C. <br />20076 -4104 <br />(800)925 -0155 <br />wee.adr.org <br />Arbitration Rules of <br />Consumer <br />Related Disputes(claims <br />under <br />$10,000). Commercial <br />Arbitration <br />Rules (all other claims). <br />J.A- M.S- /Endispute <br />700 11th St. NW, <br />Suite 450 <br />Washington, D.C. <br />20001 <br />(800)752 -5267 <br />www.jamsadr.com <br />Financial Services <br />Arbitration <br />Rules and Procedures. <br />Page z of s easTWOOO 03120s1a15 <br />a]01 -2.uf¢ <br />