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044 - 351 - 0149716 . , VARIABLE RATE RIDER 9 9 10 6 5 91 . � . THIS VARIABLE RATE RIDER is made this 21ST day of JUNE, 1999 and is incorporated into and shall be deemed to amend and supplement the Real Property Mortgage or Deed of Trust (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Variable Rate Note to TCF National Bank Minnesota (the "Lender") of the same date(the "Note") and covering the property described in the Security Instrument and located at: 1936 W 11TH AVENUE, GRAND ISLAND, NE 68803 (Property Address) The Note contains provisions allowing for changes in the interest rate whenever the "index rate" changes, and for annual adjustm�nts to Borrower's payment amount, adjustments in the loan term or adjustment to Borrower's final payment amount. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: CHANGES IN PAYMENT SCHEDULE DUE TO INTEREST RATE CHANGES. The Note provides for an initial annual interest rate of 8.25 % , and also provides for changes in the interest rate and payment schedule as follows: Borrower's rate will be a variable annual interest rate. This means that the interest rate in effect on any day will be based on, and change according to the index rate ("Index Rate") described below. The Index Rate is the U.S. prime rate published in The Wall Street Journal (currently under the label "Money Rates"). When the Index Rate changes, Lender will change Borrower's interest rate on the business day following the date a change in the Index Rate is published. Business Day means Monday through Friday, but excludes certain legal holidays established by the federal government. If there is more than one U.S. prime rate published in The Wa11 Street Journal, the highest rate published will apply. If The Wall Street Journal index is discontinued, Lender will pick a new Index Rate that Lender believes is most comparable to The Wa11 Street Journal index and Lender will send Borrower notice of the new Index Rate. Lender will charge an annual interest rate that is 50 % more than the Index Rate published the�revious Business Day. The Index Rate in effect on the date of this loan is —7:'73— %. Therefore, the begiruung annual mterest rate will be 8.25 % (unless the Index Rate changes before the nterest tart ate). Minimum Rate Bonower's annual interest rate will never be less than 8.00 %, no matter how much the Index Rate may decline. Maximum Rate Borrower's annual interest rate will never be more than 21.00 %, or the highest rate allowed by law, whichever is less, no matter how much the Index Rate may increase. The minimum and maximum rates do not include points or other prepaid finance charges. Borrower's monthly payment will change annually on each anniversary date of Borrower's first payment due date. Lender will deternune the amount of the monthly payment that would be large enough to repay the unpaid princi�al plus interest o�that amount in full by the final payment due date. Lender will use the interest rate in effect on the date shown in the notice of payment change (referred to below) to make this calculation. If Borrower's loan has not been paid in full by 06-25-2029 , Borrower will pay the remaining principal and interest Borrower owes in full on that date. Borrower will continue to make Borrower's regular monthly payment until the unpaid principal and interest have been paid in full. However, if this loan is not paid in full by , Borrower will pay all remaining principal and interest Bonower owes in full on that date. NOTICE. Lender will give Borrower at least 25 days (but no more than 120 days) notice of any change in Borrower's payment. The interest rate in effect 120 days before the date the final payment is due will be the rate Lender charges after that date. LOAN CHARGES. If the loan secured by the Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed permitted limits, then: (1) any such loan charge shall be reduced by the amount necessary to reduce the chazge to the pernutted limit; and (2) any sums already collected from Borrower which exceeded pernutted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment under the Note. LEGISLATION. If, after the date hereof, enactment or expiration of applicable laws have the effect either of rendering the provisions of the Note, the Security Instrument or this Variable Rate Rider (other than this paragraph) unenforceable according to their terms, or all or any part of the sums secured hereby uncollectable, as otherwise provided in the Security Instrument and this Variable Rate Rider, or of diminishing the value of Lender's security, then Lender, at Lender's option, may declare all sums secured by the Security Instrument to be immediately due and payable. IN WITNESS WHEREOF, Bonower has executed this Variable Ra ider. � (Seal) RAN LL C BURRIT`T � -Borrower � (Seal) CY BU T - Bonower (Seal) -Borrower 44231 1/99