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88104565
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Last modified
3/9/2007 5:41:37 PM
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3/9/2007 4:39:51 AM
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DEEDS
Inst Number
88104565
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<br />BB- 104565 <br /> <br />For use only with an Adjustable Rate Hortgage, 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 Hargin method. <br /> <br />ADJUSTABLE RATE RIDER <br /> <br />THIS ADJUSTABLE RATE RIDER is made this ~ day of AURust , 1988 , <br />and is incorporated into and shall be deemed to amend and supplement the Hortgage:-- <br />Deed of Trust or Security Deed ("Hortgage"), of even date herewith, given by the <br />undersigned ("Hortgagor") to secure Hortgagor's Adjustable Rate Note ("Note"), of <br />eVen date herewith,to Central Mart2a2e Corooration <br />("Mortgagee"), covering the premises described in the Mortgage and located at <br />217 Holcomb. Grand Island. Nebraska 68801 <br /> <br />Notwithstanding anything to the contrary set forth in the Mortgage, Mort~gor <br />and Ho~tgagee her.eby agree to the following: <br /> <br />I. Under the Note, the initial stated interest rate of Eight and one-half <br />per centum ( 8.50 %) 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 will be ad- <br />justed, as hereinafter provided, so that each installment will be in an amount nec- <br />essary to fully amortize the unpaid principal balance of the Note, at the new ad- <br />jlJsted interest rate, over the remaining term of the Note. <br /> <br />2. The first adjustment to the interest rate (if any adjustment is required) <br />",j II be effective on the first day of January , 19.J!Q.... (which date will <br />not be less than twelve months nor more than eighteen months from the due date of <br />the first installment payment under the Note), and thereafter 2ach adjustment to the <br />interest rate will be made effective on that day of each succeeding year during the <br />term of the Hortgage ("Change Date"). <br /> <br />3. Each adjustment to the interest rate will be made based upon the following <br />method of employing the weekly 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(519)). As of each Change Date, it will be determined <br />whether or not an interest rate adjustment must be made, and the amount of the new <br />adjusted interest rate, if any. as follows: <br />(a) The amount of the Index will be determined, using the most recently <br />.vailable figure, thirty (30) days before the Change Date ("Current Index"). <br />(b) Two percentage points (2.00 I); the "Margin") will be lidded <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 rounded sum, of the Hargin plus <br />the Current Index, will be called the "Calculated Interest Rate" for each Change Date. <br />(c) The Caiculated 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 />will be determined as follows: <br />(i) If the Calculated Interest Rate is the same as the Existing Interest <br />Hate, the interest rate will not change. <br />(ii) If the difference between the Calculated Interest Rate and the <br />Existing Interest Rate is less than or equal to one percentage point, the new adjus- <br />ted interest rate will be equal to the Calculated Int~rest Rate (subject to the <br />maXimum allowable change over the term of the Mortgage of five percentage points, in <br />dther 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 new adjusted interest rate will be equal to <br />pne 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 />Kate 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 will 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 would cause the new adjusted interest rate to exceed the 5~ <br />Cap, the new adjusted interest rate will be limited to five percentage (5%) points <br />higher or lower, whichever is applicable, thall the Initial Interest Rate. <br />(e) Hortgagee will perform the functions required under Subparagraphs 3 <br />1.1, [b) and (e) to determine the amount of the new adjusted rate, if any. Any such <br />n~~ ildju5ted interest rate will become effective on the Change Date and thereafter <br />will be deemed to be the Existing Interest Rate. The new Existing Interest Rate <br />~~ll ~emilin in effec! until the next Change Date on which tile intereet rate Is ad- <br />iusted. <br />(fl The method set forth in this Paragraph] of thia Adjustable Rate Rider. <br />((If determining whether or not an adjustment must be miJde to the Existing Interest <br />Hote incorporates the effects of the proviaion" uf 24CFK 20J.4~(e)[ll and 2]4.79(01 <br />(Il ......hlch requirl' that challges 1n tilt, Index If! l'X(CIiU {If l)!ll! per\,'l'nt,lgl' pll11lt mu~;t <br />
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