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200504030
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200504030
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Last modified
10/17/2011 5:46:05 AM
Creation date
10/28/2005 10:38:19 AM
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DEEDS
Inst Number
200504030
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200504030 <br />ARBITRATION RIDER <br />THIS RIDER is made this 25TH day of April, 2005 and is incorporated into and shall be deemed <br />to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument ") of the <br />same date given by the Undersigned (the "Borrower ") to secure Borrower's Note (the "Note ") to America's <br />MoneyLine Inc. (the "Lender ") of the same date and encumbering the property described in the Security <br />Instrument and located at: <br />11.14 Pleasant View Dr. <br />Grand Island, Nebraska 68801 <br />[Property Address] <br />As used in this Rider the term "Lender" includes Lender's successors and assigns, the company servicing the <br />Note on Lender's behalf (the "Servicer "), any mortgage broker involved in the origination of the mortgage <br />loan evidenced by the Note and Security Instrument, and any settlement agent, escrow agent or closing <br />attorney involved in the settlement of the mortgage loan evidenced by the Note and Security Instrument. <br />ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security <br />Instrument, Borrower and Lender further covenant and agree as follows: <br />ARBITRATION OF DISPUTES. All disputes, claims, or controversies arising from or related to <br />the loan evidenced by the Note (the "Loan "), including statutory claims, shall be resolved by binding <br />arbitration, and not by court action, except as provided under "Exclusions from Arbitration" below. This <br />arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed <br />by the Federal Arbitration Act (9 U.S.C. §§ 1 -14). In any arbitration hereunder, the arbitrator shall be <br />appointed by, and the arbitration conducted pursuant to the rules of procedure of, any one of the following <br />arbitration service providers as shall be selected by the party initiating such arbitration: National Arbitration <br />Forum or American Arbitration Association. However, if any law applicable to the Loan requires mortgage <br />lenders to engage, or would otherwise impose enhanced regulatory restrictions on mortgage lenders to <br />engage, any particular arbitration service provider, the parties agree to engage such specified provider. Any <br />arbitration hearing shall be conducted within the Federal judicial district in which the Property is located, or <br />within such other or more limited area as required by any applicable law. The arbitrator shall set forth in the <br />award findings of fact and conclusions of law supporting the decision, which must be based on applicable <br />law and supported by substantial evidence presented in the proceeding. Judgment upon the award may be <br />entered by any court of competent jurisdiction. All disputes subject to arbitration under this agreement shall <br />be arbitrated individually, and shall not be subject to being joined or combined in any proceeding with any <br />claims of any persons or class of persons other than Borrower or bender. <br />Page 1 of 3 <br />Saxon Arbitration Rider (11/01/2004) <br />C- 23774 -41 <br />96440051.uff\Arbitration Rider \Modified 02.28.05 <br />
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