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<br />r <br /> <br />88~t'RiCBo826 87- 106~376 <br /> <br />For use only with an Adjustable Rate Mortgage, Deed of Trust <br />or Security Deed insured under section 203(b), 203(k) <br />(first lien only) or 234(c)of the National Housing Act, <br />using the Margin method, <br /> <br />L <br /> <br />ADJUSTABLE RATE RIDER <br /> <br />THIS ADJUSTABLE RATE RIDER is made this 22r'd day of Q'i:ct:B:' , 19~ <br />and is incorporated into and shall be deemed to amend and supplement the Mortgage, <br />Deed of Trust or Security Deed ("Mortgage"), of even date herewith, given by the <br />undersigned ("Mortgagor") to secure Mortgagor's Adjustable Rate Note ("Note"), of <br />even date here....ith,to &p=rioc Mxtqaqe, Irx;. <br />("Mortgagee"), covering the premises described in the Mortgage and located at <br />COl€) fhrAc;t-~, C..rard T~lFlIyl, NE E83X3 <br /> <br />Not....ithstanding anything to the contrary set forth in the Mortgage, Mort~gor <br />and Mo~tgagee hereby agree to the follo....ing: <br /> <br />I, Under the Note, the initia: stated interest rate of Nille <br />per centum ( 9.0 %) per annum ("Initial Interest Rate") on the unpaid principal <br />balance is subject to change, as hereinafter described. When the interest rate <br />changes, the equal monthly installments of principal and interest also ....ill be ad- <br />justed, as hereinafter provided, so that each installment ....ill be in an amount nec- <br />essary to fully amortize the unpaid principal balance of the Note, at the ne.... ad- <br />justed interest rate, over the remaining term of the Note. <br /> <br />2, The first adjustment to the intere~r~(~f any adjustment is require~) <br />....ill be effective on the first day of A,I<''7~~nl ,19~ (....hich date ....111 <br />not be less than t....elve months nor more than elghteen months from the due date of <br />the first installment payment under the Note), and thereafter each adjustment to the <br />interest rate ....ill be made effective on that day of each succeeding year during the <br />term of the Mortgage ("I:hange Date"). <br /> <br />3. Each adjustment to the interest rate ....ill be made based upon the follo....ing <br />method of employing the ....eekly average yield on United States Treasury Securities <br />adjusted to a constant maturity of one year ("Index"; the Index is published in the <br />Federal Reserve Bulletin and made available by the United States Treasury Department <br />in Statistical Release H,15(5l9)). As of each Change Date, it ....ill be determined <br />....hether or not an interest rate adjustment must be made, and the amount of the new <br />adjusted interest rate, if any, as follo....s: <br />(a) The amount of the Index ....ill be determined, using the most recently <br />available figure, thirty (30) days before the Change Date ("Current Index"), <br />(b) 'l\o.t.' percentage points (2.0 %); the "Margin") ....ill be added <br />to the Current Index and the sum of this addition will be rounded to the nearest <br />one-eighth of one percentage point (0.125%). The =o~nded sum, or the Margin plus <br />the Current Index, ....ill be called the "Calculated Interest Rate" for each Change Date. <br />(c) The Calculated Interest Rate will be compared to the interest rate <br />being earned immediately prior to the current Change Date (such interest rate being <br />called the "Existing Interest Rate"). Then, the new adjusted interest rate, if any, <br />....ill be determined as follo....s: <br />(i) If the Calculated Interest Rate is the same as the Existing Interest <br />Rate, the interest rate ....ill not change. <br />(ii) If the difference bet....een the Calculated Interest Rate and the <br />Existing Interest Rate is less than or equal to one percentage point, the ne.... adjus- <br />ted interest rate ....ill be equal to the Calculated Interest Rate (subject to the <br />maximum allo....able change over the term of the Mortgage of five percentage points, in <br />either direction, from the Initial Interest Rate, herein called the "5% Cap"). <br />(iii) If the Calculated Interest Rate exceeds the Existing Interest Rate <br />by more than one percentage point, the ne.... pdjusted interest rate will be equal to <br />one percentage point higher than the Existing Interest Rate (subject to the 5% Cap). <br />(iv) If the Calculated Interest Rate is less than the Existing Interest <br />Rate by more than one percentage point, the new adjusted interest rate will be equal <br />to one percentage point less than the Existing Interest Rate (subject to the 5% Cap). <br />(d) Notwithstanding anything contained in this Adjustable Rate Rider, in <br />no event ....ill any new adjusted interest rate be more than five percentage (5%) points <br />higher or lower than the Initial Interest Rate. If any increase or decrease in the <br />Existing Interest Rate wuuld cause the new adjusted interest rate to exceed the 5% <br />Cap, the ne.... adjusted interest rate will be limited to five percentage (5%) points <br />higher or lower, ....hichever is applicable, than the Initial Interest Rate. <br />(e) Mortgagee will perform the functions required under Subparagraphs 3 <br />(a), (b) and (c) to determine the amount of the new adjusted rate, if any. Any such <br />ne.... adjusted interest rate will become effective on the Change Date and thereafter <br />....i1l be deemed to be the Existing Interest Rate. The new Existing Interest Rate <br />will remain in effect until the next Change Date on ....hich the interest rate is ad- <br />justed. <br />(f) The method set forth in this Paragraph 3 of this Adjustable Rate Rider, <br />for determining whether or not an adjustment must be made to the Existing Interest <br />Rate incorporates the effects of the provisions of 24CFR 203.49(e)(I) and 234.79(e) <br />(I) which require that changes in the Index in excess of one percentage point must <br /> <br />J <br /> <br />~ <br />