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1. Lowe Enters. Residential Ptnrs., L.P. v. Eighth Judicial Dist. Court, 118 Nev. 92, 2002 Nev. LEXIS 12 (Nev.,
February 13, 2002, Decided )

OVERVIEW: Sophisticated real estate borrowers knowingly, voluntarily, and intentionally waived jury trial right to
obtain financing; Nevada statute precluding such waivers applied only in context of anti-deficiency legislation.

[HN15] - Nevada case law recognizes the enforceability of forum selection clauses under certain circumstances.

2. Key Bank v. Donnels, 106 Nev. 49, 1990 Nev. LEXIS 2 (Nev., February 20, 1990 )

OVERVIEW: While the trial court properly ruled that Alaska law governed under the terms of the promissory note in
a deficiency action, it erred in applying that law because the relevant statute did not have extraterritorial application to
property in Nevada.

[HN1] - It is well settled that the expressed intention of the parties as to the applicable law in the construction of a
contract is controlling if the parties acted in good faith and not to evade the law of the real situs of the contract.

3. Tandy Computer Leasing, Div. of Tandy Elecs. v. Terina's Pizza, 105 Nev. 841, 1989 Nev. LEXIS 310 (Nev.,
December 20, 1989, Filed )

OVERVIEW: A foreign judgment could not be enforced where the forum selection clause in the parties' agreement
was not negotiated and neither party knew of its existence; thus, foreign court did not have personal jurisdiction, and
judgment violated due process.

[HN2] - While some forum selection clauses are sufficient to subject parties to the personal jurisdiction of out-of-state
courts, not all forum selection clauses are enforceable. Where such forum selection provisions have been obtained
through freely negotiated agreements and are not unreasonable and unjust, their enforcement does not offend due
process.

4. Costanzo v. Marine Midland Realty Credit Corp., 101 Nev. 277, 1985 Nev. LEXIS 410 (Nev., June 21, 1985, Filed )

OVERVIEW: The creditor was entitled to recover from the guarantor after the creditor and debtor settled for a lesser
amount owed on the note because the guarantor waived his right to be discharged from liability upon a variation of the
underlying obligation.

[HN1] - The expressed intention of the parties as to the applicable law in the construction of a contract is controlling if
the parties acted in good faith and not to evade the law of the real situs of the contract. The state whose law is chosen
must have a substantial relation to the transaction.

5. Stephens v. First Nat'l Bank, 65 Nev. 352, 1948 Nev. LEXIS 59 (Nev., August 10, 1948 )

OVERVIEW: Claimant was the owner of and entitled to possession of savings bonds found in joint safety-deposit box
because she was named as co-owner, and deceased never attempted to surrender or change ownership of any of the
bonds during his lifetime.

[HN6] - Section 22 of the Second Liberty Bond Act and the Treasury regulations promulgated thereunder have the force
and effect of law, and form a part of the bond contract, not only by express reference incorporated in each bond to the
act itself, but under the well-established doctrine that laws effective at the time of the making of a contract enter into
and form a part of it as fully as if they had been expressly referred to or incorporated in its terms.
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6. Wilcox v. Williams, 5 Nev. 206, 1869 Nev. LEXIS 33 (Nev., April, 1869, Decided )

OVERVIEW: Because a debtor established that he had not made any acknowledgement taking a promissory note
executed with the creditors out of the statute of limitations, and the statute had expired, the creditors were not permitted
to recover from the debtor.

[HN1] - A personal contract by its terms to be performed in some place other than that where the contract is made, is to
be governed by the law of the place of performance; because from the language of the contract, it is presumed that the
parties thereto intended to be governed by such law; and as far as a promissory note is concerned, the contract of which
it is the evidence is to be performed where payment thereof is to be made; but this rule applies only to the rights and
obligations resting upon, or arising from, the contract; the law of the forum always governs the remedy in England and
this country; and the statute of limitations applies only to a remedy, and not to a right or obligation.

[HN2] - In the case of the passage of a new statute after contract made, reasonable time must be given to bring suit.