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200311842
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Last modified
10/16/2011 5:55:35 AM
Creation date
10/28/2005 3:15:22 PM
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DEEDS
Inst Number
200311842
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200311842 <br />This Arbitration Rider is made pursuant to a transaction involving interstate commerce, and shall be <br />governed by the Federal Arbitration Act, 9 U.S.C. Sections 1 - 16 (the "FAA'). The arbitrator shall apply <br />applicable substantive law consistent with the FAA, including laws concerning reception, rejection and <br />consideration of evidence, and shall, at the request of any party, provide written reasoned findings of <br />fact and conclusions of law. The arbitrators award shall not be subject to appeal except as permitted by <br />the FAA. The parties agree that the award shall be kept confidential. Judgment upon the award may be <br />entered in any court having jurisdiction. All statutes of limitations that would otherwise be applicable <br />shall apply to any arbitration proceeding. <br />The arbitrator shall be empowered to impose sanctions and to take such other actions as the arbitrator <br />deems necessary to the same extent as could be imposed by a judge pursuant to the Federal Rules of <br />Civil Procedure. <br />This Arbitration Rider shall survive repayment of your loan and /or termination of the Agreement. If any <br />portion of this Arbitration Rider is deemed invalid or unenforceable under any law or statute consistent <br />with the FAA, it shall not invalidate the remaining portions of this Arbitration Rider of the Agreement. In <br />the event of a conflict or inconsistency between the rules and procedures of the arbitration administrator <br />and this Arbitration Rider, this Arbitration Rider shall govern. No class actions or joinder or consolidation <br />of any Claim with the claim of any other person are permitted in arbitration without the written consent of <br />the parties. <br />No provision of, nor the exercise of any rights under this Arbitration Rider shall limit the right of any party <br />during the pendency of any Claim, to seek and use ancillary or preliminary remedies, judicial or <br />otherwise, for the purposes of realizing upon, preserving, protecting or foreclosing upon any property <br />involved in any Claim or subject to the loan documents. The use of the courts shall not constitute a <br />waiver of the right of any party, including the plaintiff, to submit any Claim to arbitration nor render <br />inapplicable the compulsory arbitration provisions contained in this Arbitration Rider. <br />THE PARTIES ACKNOWLEDGE THAT THEY HAD A RIGHT 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 AND VOLUNTARILY WAIVE THEIR <br />RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION <br />OF ARBITRATION BY EITHER PARTY. YOU ALSO ACKNOWLEDGE THAT YOU WILL NOT HAVE <br />THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE, CLAIMANT OR MEMBER OF ANY CLASS <br />ACTION PERTAINING TO ANY CLAIM THAT IS SUBJECT TO ARBITRATION, EVEN IF SUCH CLASS <br />ACTION IS PENDING ON THE DATE OF THIS ARBITRATION RIDER, EXCEPT THAT THIS <br />ARBITRATION RIDER WILL NOT PRECLUDE YOUR PARTICIPATION IN A CLASS WHICH HAS <br />ALREADY BEEN CERTIFIED BY A COURT OF COMPETENT JURISDICTION ON OR BEFORE THE <br />DATE OF THIS ARBITRATION RIDER. <br />You may contact, obtain the arbitration rules of, or file a Claim with NAF, AAA, or JAMS as follows: <br />National Arbitration Forum <br />American Arbitration Association <br />J.A.M.S. /Endispute <br />P.O. Box 50191 <br />1150 Connecticut Ave, NW, 6th Floor <br />45 Broadway <br />Minneapolis, MN 55405 <br />Washington, DC 20036 -4140 <br />New York, NY 10005 <br />www.arb - forum.org <br />www.adr.org <br />www.jamsadr.com <br />Code of Procedure <br />Arbitration Rules for Consumer <br />Financial Services <br />Related Disputes (Claims <br />Arbitration Rules and <br />under $10,000). <br />Commercial Procedures. <br />Arbitration Rules <br />(all other claims). <br />MIN # 100176103081903369 PFEIFER Loan # 0308190336 <br />AHL ARBRIDR2.UFF Page 2 of 3 <br />
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