be determined based on the original loan agreement that BB&T acquired from the FDIC. 1 Accordingly, we ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.

oeuth C.J.

Hardesty

Parraguirre

J.

Cherry Saitta

Gibbons Pickering

cc: Hon. Scott N. Freeman, District Judge Madelyn Shipman, Settlement Judge Sylvester & Polednak, Ltd. Lemons, Grundy & Eisenberg Fahrendorf, Viloria, Oliphant & Oster, LLP Washoe District Court Clerk

1 We have considered the parties' remaining arguments and conclude they are without merit.

SUPREME COURT OF NEVADA (0) 1947A ero