201404165 - Laserfiche WebLink

Browse

22. Adjustable -Rate Feature. Under the Note, the initial stated interest rate of 2.652% which accrues on the unpaid principal balance ( "Initial Interest Rate ") is subject to change, as described below. When the interest rate changes, the new adjusted interest rate will be applied to the total outstanding principal balance. Each adjustment to the interest rate will be based upon the average of interbank offered rates for one -month U.S. dollar denominated deposits in the London Market ( "LIBOR "), as published in The Wall Street Journal ( "Index "), rounded to three digits to the right of the decimal point, plus a margin. If the Index is no longer available, Lender will be required to use any index prescribed by the Department of Housing and Urban Development. Lender will give Borrower notice of new index. Lender will perform the calculations described below to determine the new adjusted interest rate. The interest rate may change on September 1, 2014 and on the first day of each succeeding month. "Change Date" means each date in which the interest rate could change. The value of the Index will be determined, using the most recent Index figure available thirty (30) days before the Change Date ( "Current Index "), Before each Change Date, the new interest rate will be calculated by adding a margin to the Current Index. The sum of the margin plus the Current Index will be called the "Calculated Interest Rate" for each Change Date. The Calculated Interest Rate will be compared to the interest rate in effect immediately prior to the current Change Date (the "Existing Interest Rate "). The Calculated Interest Rate will never increase above 12.652% The Calculated Interest Rate will be adjusted if necessary to comply with the rate limitation(s) described above and will be in effect until the next Change Date. At any change date, if the Calculated Interest Rate equals the Existing Interest Rate, the interest rate will not change. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to re- convey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under applicable law. 24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 25. Request for Notices. BORROWER HEREBY REQUESTS THAT, UNLESS OTHERWISE PRESCRIBED BY LAW, A COPY OF ANY NOTICE OF DEFAULT OR NOTICE OF SALE PURSUANT TO THE NONJUDICIAL FORECLOSURE OF THIS DEED OF TRUST BE MAILED TO BORROWER AT BORROWER'S MAILING ADDRESS SET FORTH HEREIN. 26. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es).] El Condominium Rider El Planned Unit Development Rider ❑ Other [Specify] 27 . Nominee Capacity of MERS. MERS serves as beneficiary of record and secured party solely as nominee for Lender and its successors and assigns and holds legal title to the interests granted, assigned, and transferred herein. All payments or deposits with respect to the Secured Obligations shall be made to Lender, all advances under the Loan Documents shall be made by Lender, and all consents, approvals, or other determinations required or permitted of Beneficiary herein shall be made by Lender. MERS shall at all times comply with the instructions of Lender and its successors and assigns. If necessary to comply with law or custom, MERS (for the benefit of Lender and its successors and assigns) may be directed by Lender to exercise any or all of those interests, including without limitation, the right to foreclose and sell the Property, and take any action required of Lender, including without limitation, a release, discharge or reconveyance of this Deed of Trust. 201 4041 65 Pm... 7 of 9 I IECM First Deed Of Trust