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<br />200702292
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<br />REMEDIES UPON DEFAULT. In some instances, laws require Beneficiary to provide Grantor(s) with notice of
<br />the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these
<br />limitations, if Grantor(s) is in default, Beneficiary may accelerate the Secured Debt, foreclose this Security
<br />Instrument and cause the Property to be immediately seized and sold under ordinary or executory process, with or
<br />without appraisal without the necessity of demanding payment or notifying and placing Grantor(s) in default. At
<br />the opinion of the Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall
<br />become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or
<br />anytime thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by law, the terms of the
<br />Secured Debt, this Security Instrument and any related documents. All remedies are distinct, cumulative and not
<br />exclusive. The acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after the
<br />balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of
<br />Beneficiary's right to require complete cure of any existing default. By not exercising any remedy on Grantor(s)
<br />default, Beneficiary does not waive rights to later consider the event a default if it continues or happens again.
<br />BINDING ARBITRATION; PRESERVATION OF RIGHTS. Grantor(s) and Beneficiary covenant and agree
<br />that any controversy or claims between them arising out of the terms and conditions of this deed of trust or out of
<br />the tenns and conditions of the home improvement retail installment contract which it secures (including, without
<br />limitation, any claims based upon or arising from alleged breach of contract, alleged fraud or other tortuous acts or
<br />omissions, or based upon or arising from any alleged violation of federal or state laws or regulations pertaining to
<br />consumer protection, usury, lending, insurance, debt collection or relations between creditors and debtors) shall be
<br />subject to resolution by binding arbitration. Any controversy of claim arising out of or relating to this deed oj
<br />trust or to the home improvement retail installment contract which it secures, or the breach thereof, shall be
<br />settled by arbitration administered by the American Arbitration Association under it... Commercial Arbitration
<br />Rules and the Supplemental Procedures for Consumer-Related Disputes, and judgment on the award rendered
<br />by the arbitrator(..</) may be entered in any court having.iurisdiction thereof.
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<br />Any claim brought by arbitration shall be initiated within the same time period that the laws of the state of
<br />residence of the Grantor(s) would allow a court action to be filed on such claim. The party initiating arbitration
<br />shall do so by sending to the American Arbitration Association, 1100 Poydras; Suite 2725, New Orleans, LA
<br />70163-2701, telephone number (SOO) 499-8856, via certified U. S. Mail, return receipt requested, a written notice
<br />that arbitration is requested and setting forth its claims and requested remedies, and a copy of such notice shall be
<br />concurrently mailed, first class U. S. Mail, postage prepaid, to the other party. A failure to follow the exact
<br />procedural steps set forth herein for initiating arbitration will in no way invalidate or preclude arbitration.
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<br />Nothing in the preceding paragraphs, or otherwise, nor the exercise of any right to negotiation, mediation or
<br />arbitration, nor the commencement or pendency of any proceeding, shall limit the right of any party to this deed of
<br />trust or to the home improvement retail installment contract which it secures:
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<br />(1) to seek judicial equitable relief, or other equitable relief available to it under applicable statutory and/or
<br />case law including, but not limited to,. injunctive relief and the appointment of a receiver, or
<br />(2) to exercise any self-help rights or any other rights or remedies available to it by contract or applicable
<br />statutory or case law (including but not limited to the filing of an involuntary petition in bankruptcy, the
<br />right of set off, attachment, recoupment, foreclosure, or repossession) with respect to its extension of
<br />credit, the protection and preservation of collateral, the liquidation and realization of collateral, the
<br />protection, continuation and preservation of lien rights and priorities, the collection of indebtedness, and
<br />the processing and payment or return of checks, whether such occurs before, during or after the pendency
<br />of any negotiation, mediation, or arbitration proceeding.
<br />The institution and maintenance of an action for judicial relief or pursuit of provisional or ancillary rights or
<br />remedies or exercise of self-help remedies, all as provided herein, and the pursuit of any such rights or remedies,
<br />shall not constitute a waiver of the right or obligation of any party, including the plaintiff seeking judicial relief or
<br />remedies, to submit a dispute to negotiation, mediation and arbitration, including disputes that may arise from the
<br />exercise of such rights.
<br />EXPENSES; ADVANCES ON COVENANTS; ATTORNEY'S FEES; COLLECTION COSTS. If Grantor(s)
<br />breaches any covenant in this Security Instrument, Grantor(s) agrees to pay all Beneficiary's expenses and any
<br />amount incurred by Beneficiary for insuring, inspecting, preserving or otherwise protecting the Property and
<br />Beneficiary's securily inlerest Theses expenses will beaT inleresl frem the dale of the payment nntil repaid?
<br />at the highest interest rate provided in the Contract. /"Jh
<br />Grantor(s) lnitials~" .
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<br />Form RTL 3146 NEDOT 6.29-2004
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