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<br />200803089 <br /> <br />motions which are similar to motions to dismiss for failure to state a claim or motions for summary <br />adjudication. The arbitrator shall resolve all disputes in accordance with the substantive law of <br />Nebraska and may grant any remedy or relief that a court of such state could order or grant within <br />the scope hereof and such ancillary relief as is necessary to make effective any award. The <br />arbitrator shall also have the power to award recovery of all costs and fees, to impose sanctions <br />and to take such other action as the arbitrator deems necessary to the same extent a judge could <br />pursuant to the Federal Rules of Civil Procedure, the Nebraska Rules of Civil Procedure or other <br />applicable law. Judgment upon the award rendeAlid by the arbitrator may be entered in any court <br />having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a <br />provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the <br />plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for <br />judicial relief. <br /> <br />e) Discoverv. In any arbitration proceeding discovery will be permitted in accordance with the Rules. <br />All discovery shall be expressly limited to matters directly relevant to the dispute being arbitrated <br />and must be completed no later than 20 days before the hearing date and within 180 days of the <br />filing of the dispute with the AAA. Any requests for an extension of the discovery periods, or any <br />discovery disputes, will be subject to final determination by the arbitrator upon a showing that the <br />request for discovery is essential for the party's presentation and that no alternative means for <br />obtaining information is available. <br /> <br />f) Class Proceedinas and Consolidations. The resolution of any dispute arising pursuant to the terms <br />of this Deed of Trust shall be determined by a separate arbitration proceeding and such dispute <br />shall not be consolidated with other disputes or included in any class proceeding. <br /> <br />g) Pavment Of Arbitration Costs And Fees. The arbitrator shall award all costs and expenses of the <br />arbitration proceeding. <br /> <br />h) Miscellaneous. To the maximum extent practicable, the AAA, the arbitrators and the parties shall <br />take all action required to conclude any arbitration proceeding within 180 days of the filing of the <br />dispute with the AAA. No arbitrator or other party to an arbitration proceeding may disclose the <br />existence, content or results thereof, except for disclosures of information by a party required in the <br />ordinary course of its business or by applicable law or regulation. If more than one agreement for <br />arbitration by or between the parties potentially applies to a dispute, the arbitration provision most <br />directly related to the documents between the parties or the subject matter of the dispute shall <br />control. This arbitration provision shall survive termination, amendment or expiration of any of the <br />documents or any relationship between the parties. <br />