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200201096 <br />.............................................................................................................................................. ............................... <br />ADJUSTABLE RATE RIDER <br />(....1. Year Treasury Index —Rate Caps) <br />THIS ADJUSTABLE RATE RIDER is made this ...First ... day of ..February, ... 2002, and is incorporated into and shall be <br />deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument ") of the same date given by the <br />undersigned (the `Borrowers ") to secure Borrower's Adjustable Rate Note (the "Note ") to Thomas R. Ellison and Elizabeth A. Ellison, husband <br />and wife, (the "Lender ") of the same date and covering the property described in the Security Instrument and located at: <br />311 West 15th Street, Grand Island, Nebraska <br />THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE <br />AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S <br />INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER <br />MUST PAY. <br />ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender <br />fiuther covenant and agree as follows: <br />A. INTEREST RATE AND MONTHLY PAYMENT CHANGES <br />The Note provides for an initial interest rate of 4.50 %. The Note provides for changes in the interest rate annually with a fixed monthly payment <br />of ..$350.00 per month.... as follows: <br />4. INTEREST RATE AND MONTHLY PAYMENT CHANCES <br />(A) Change Dates: <br />The interest rate I will pay may change on the first day of ..February, 2003 ... and on that day every ..... year.... thereafter. Each date on which <br />my interest rate could change is called a "Change Date." <br />(B) The Index: <br />Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States <br />Treasury securities adjusted to a constant maturity of .1.. year(s), as made available by the Federal Reserve Board. The most recent Index figure <br />available as of the date 45 days before each Change Date is called the "Current Index." <br />If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder <br />will give me notice of this choice. <br />(C) Calculation of Changes: <br />Before each Change Date, the Note Holder will calculate my new interest rate by adding ...Zero..(0).... percentage points to the Current <br />Index. The Note Holder will then round the result of this addition to the nearest one -eighth of one percentage point (0.125 %). Subject to the limits <br />stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. <br />The Note Holder and Borrower agree that the payment of ... 3$. 50.00 ... each month will remain constant and only the interest rate will vary. <br />The result of this calculation will be the new to arrive at a new interest rate. <br />(D) Limits on Interest Rate Changes: <br />The interest rate I am required to pay at the first Change Date will not be greater than ... 8.50 % ... or less than ... 4.50 %... Thereafter, my <br />interest rate will never be increased or decreased on any single Change Date by more than ... two (2) ... percentage points (....2.... %) from <br />my initial note rate of interest I have been paying for the preceding twelve months. My interest rate will never be greater than .12.50..% <br />nor less then ...4.50•/x..... during the life of this note. <br />(E) Effective Date of Changes: <br />My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first <br />monthly payment date after the Change Date until the amount of my monthly payment changes again. <br />(F) Notice of Changes: <br />The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the <br />effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a <br />person who will answer any question I may have regarding the notice. <br />B. TRANSFER OF TILE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER <br />Uniform Covenant 17 of the Security Instrument is amended to read as follows: <br />Transfer of the Property or a Beneficial Interest in Borrower. If all or part of the Property or any interest in it is sold or transferred (or if a <br />beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at <br />its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by <br />Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if. (a) Borrower <br />causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the <br />transferee; and (b) Lender reasonably determines that' Lender's security will not be impaired by the loan assumption and that the risk of a breach <br />of any covenant or agreement in this Security Instrument is acceptable to Lender. <br />