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<br />e <br /> <br />e <br /> <br />200509569 <br /> <br />Loan No: 11905267 <br /> <br />Data ID: 766 <br /> <br />FEES OF ARBITRATOR. In any arbitration that pertains solely to the Loan, Borrower shall not <br />he required to pay more than $125 in initial filing fees to the arhitrator. The Lender shall pay any <br />balance of such initial fees. In addition, the Lender shall pay all other fees and costs of the arbitration. <br />In no event shall either party be responsible for any fees or expenses of any of the other party's attorneys, <br />witnesses, or consultants, or any other expenses, for which such other party reasonahly would have been <br />expected to he liable had such other party initiated a suit in the courts of the ,jurisdiction in which the <br />Borrower resides regarding a similar dispute. <br /> <br />EXCLUSION FROM ARBITRATION. This agreemcnt shall not limit the right of Lender to (a) <br />accelerate or require immediate payment in full of the secured indebtedness or exercise the other <br />Remcdies described in this Security Instrument before, during, or after any arbitration, including the right <br />to foreclose against or sell the Property; (b) exercise the rights set forth in the Uniform Covenant labeled <br />"Protection of Lender's Interest in the Property and Rights Under this Security Instrument" contained in <br />this Security Instrument, or (c) exercise of the right under the terms of this Security Instrument to require <br />payment in full of the indehtedness upon a transfer of the Property or a beneficial interest therein. <br />Should Borrower appear in and contest any judicial proceeding initiated by Lender under this Exclusion, <br />or initiate any judicial proceeding to challenge any action authorized hy this Exclusion, without asserting <br />any counterclaim or seeking affirmative relief against Lender, then upon request of Borrower such judicial <br />proceedings shall be stayed or dismissed, and the matter shall proceed to arbitration in accordance with <br />the section entitled "Arbitration of Disputes." Any dispute that could otherwise have been asserted as <br />a counterclaim or grounds for relief in such a judicial proceeding shall be resolved solely in accordance <br />with the section entitled "Arbitration of Disputes". <br /> <br />WAIVER: In the event your loan or an interest in your loan is transferred or sold to Freddie Mac <br />or Fannie Mae, this Arbitration rider shall he void and cannot be reinstated by Lender or a subsequent <br />holder or serviccr of your loan. Tn the event of a transfer or sale to Freddie Mac or Fannie Mac, neither <br />Lender nor any subsequent holder GT servicer of your loan shall require you to submit to arbitration to <br />resolve any dispute arising out of or relating in any way to your loan. Lender or lender's designee shall <br />provide you with written notice in the event of a sale or transfer of your loan or an interest in your loan <br />to Freddie Mac or Fannie Mac within sixty (60) days of such sale or transfer hy Lender or an affiliate <br />of Lender. <br /> <br />No provision of this agreement shall limit the right of Borrower to exercise Borrower's rights under <br />the Uniform Covenant labeled "Borrower's Right to Reinstate After Acceleration." <br /> <br />(12/01/2004) <br /> <br />(Page 2 of 3 Pages) <br /> <br />111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111III <br /> <br />P+OOl1905267 +4469+02+03+SXARBIT <br />