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87107346
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Last modified
3/5/2007 4:29:27 PM
Creation date
3/5/2007 3:54:38 PM
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DEEDS
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87107346
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<br />I <br /> <br />I <br /> <br />~; <br />[. <br />" <br />l <br /> <br />81~ JQ734A <br /> <br />r <br /> <br />;~~ '<-' ~ ; <br />(f) The method set forth in this Paragraph 3 of this Adjustable Rate Rider, for deter- <br />mining whether or not an adjustment must be made to the Existing Interest Rate <br />incorporate the effects of the provisions of 24 CFR203.4g(e) (1) and 234.79(e) <br />(1) which require that changes in the Index in excess of one percentage point <br />must be carried over for inclusion in adjustments to the Existing Interest Rate <br />in subsequent years. <br /> <br />(g) If the Index is no longer available, Mortgagee will be required to use any index <br />prescribed by the Department of Housing and Urban Development. Mortgagee will <br />notify Mortgagor in writing of any such substitute index (giving all necessary <br />information for Mortgagor to obtain such index) and after the date of such notice <br />the substitute index will be deemed to be the Index hereunder. <br /> <br />4. (a) If the Existing Interest Rate changes on any Change Date, Hortgag~e will recalculate <br />the monthly installment payments of principal and interest to determine the amount <br />which would be necessary to repay in full, on the maturity date, the unpaid <br />principal balance (which unpaid principal balance will be deemed to be the amount <br />due on such Change Date assuming there has been no default in any payment on the <br />Note but that all prepa)'llll!nts on the lIote have been taken into account), at the <br />new Existing Interest Rate, in equal monthly paycents. On or before the Change <br />Date, Mortgage~will give Mortgagor written notice (.Adjus~nt Notice-) of any <br />change in the Existing Interest Rate and of the revised acount of the monthly <br />installment payments of prinCipal and interest, calculated as provided above. <br />Each Adjustrr~nt Notice will set forth (I) the date the Adjustment Iootice is given, <br />(II) the Change Date, (III) the new Existing Interest Rate as adjusted on the <br />Change Oate, (IV) the amount of the adjusted monthly installment pa}~nts, cal- <br />culated as provided above. (V) the Current Index, (VI) the method of calculating <br />the adjustment to the monthly installment pa)~nts, and (VII) any other info~~tion <br />which may be required by law from time to time. <br /> <br />(b) Mortgagor agrees to pay the adjusted ~thly installment acount beginning on the first <br />payment date which occurs at least thirty (30) days after Mortgagee has given the <br />Adjustment Notice to Mortgagor. Mortgagor will continue to pay the adjusted ~nthly <br />installment amount set forth in the last Adjustment lIotice given by I~rtgagee to <br />Mortgagor until the first payment date which occurs at least thirty (30) days after <br />mortgagee has given a further Adjustment Notice to Mortgagor. Notwithstanding any- <br />thing to the contrary contained in this Adjustable Rate Rider or the Mortgage. Mortgagor <br />will be relieved on any obligation to pay. and r.ortgagee will have forfeited its <br />~ight to collect, any increase in the monthly installment amount (caused by the re- <br />calculation of such amount under Subparagraph 4(a) for any pa)~nt date occurring <br />less than thirty (30) days after Mortgagee has given the applicable Adjust=ent <br />Notice to Mortgagor. <br /> <br />(c) lIotwithstandlng anything contained in this Adjustable Rate Rider, in the e~ent that <br />(I) the Existing Interest Rate was reduced on a Change Date. and (II) Hort9a~ee failed <br />to give the Adjustlllent liotice l<hen required. and (J1l) Mortgagor, consequently, has <br />made any monthly installment pa)~nts in excess of the avount which would ha~e been <br />set forth in such Adjusbment notice (-Excess Pa)~nts-), then Mortgagor, at ~rtgagor's <br />sole uption, may eitner (1) demand the return frea Mortgagee (who for the purposes <br />of this sentence will be deemed to be the ~rtgagee, or ~rtgagees, who received <br />such Excess Pa)~nts. whether or not any such cortgagee subsequently assigned the <br />Mortgage) of all or any portion of such Excess Pa)~nts. with interest thereon at <br />a rate equal to the Index on. the Change Date l<~en the Existing Interest Rate was so <br />reduced, from the date each such Excess Pa}~nt was made by Mortga~or to repa)~nt, <br />or (2) request that all or any portion of such Excess Pa)~nts, together with all <br />interest therEon calculated a.s~r'ovided above, be applied as pa)-::.ents against principal. <br /> <br />5. Nothing contained in this Adjustable Rate Rider will perGit Mortgagee to acco~plish an <br />interest rate adjustment through an'increase (or decrease) to the unpaid prinCipal balance. <br />Changes to the Existing Interest Rate may only be reflected through adjust~~nt to I~rtgagor's <br />monthly installment payments of principal and interest. as provided for herein. <br /> <br />BT SIGIIIllG BElOl/, r.ll)rtgagor accepts and agrees to the terr:>s and covenants contained in this <br />Adjustable Rate Rider. <br /> <br /> <br />~ <br />, <br />i; <br />I:.. <br />~: <br /> <br />~. <br /> <br />i. <br />I <br />l <br />I <br />i <br />I <br />i <br />I <br /> <br /> <br />Mortgagor <br /> <br />'5~ '/,0'1 ,;rl/j;/... <:. ',~~:)J(':('')'' <br />BarrvR. NcCormick <br /> <br />(Sea I) <br /> <br />L <br /> <br />I~) ..,.~/- "7/~ ',.' -,).')" ,-.1, <br />-, , I" l.c.' .. '. c ,. . d L 1-. <br /> <br />Horlgagor Ronda J. NcCorm1ck <br /> <br />,<Seal) <br /> <br /> <br />( <br />h <br /> <br />i <br /> <br />~ <br />
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