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88104795
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Last modified
3/9/2007 5:41:39 PM
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3/9/2007 4:40:24 AM
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DEEDS
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88104795
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<br />~~_ 10'17'15 <br /> <br />b~ carried over for inclusion in adjustments to the Existing Interest Rate in sub- <br />sequc-nt years. <br />(g) If the Index is no longer available, Mortgaoce will be required to use <br />any 1ndex prescribed by the Department of Housing and Urban Development. Mortgagee <br />~ill 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. (0) If the Existing Interest Rate changes on any Change Date, Margagee will <br />recalculate the monthly installment payments of principal and interest to determine <br />thi' amount which would be necessary to repay in full, on the maturity date, the <br />unpaid principal balance (which unpaid principal balance will be deemed to be the <br />amount due on wuch Change Date assuming there has been no default in any payment on <br />the Sote but that all prepayments on the Note have been taken into account), at the <br />ne~ Existing Interest Rate, in equal monthly payments. On or before the Chang~ Date, <br />~tortgagee \Jill give Mortgagor written notice ("Adjustment Noticell) of any change in <br />the Existing Interest Rate and of the revised amount of the monthly installment pay- <br />ments of principal and interest, calculated as provided above. Each Adjustment <br />~otice ~ill set forth (1) the date the Adjustment Notice is given, (ii) the Change <br />IJ.3te, (iii) the new Existing Interest Rate as adjusted on the Change Date, (iv) the <br />3ffiQUnt of the adjusted monthly installment payments, calculated as provided above, <br />(vI the Current Index, (vi) the method of calculating the adjustment to the monthly <br />~nstallment payments, and (vii) any other information which may be required by law <br />tram time to time. <br />(b) Mortgagor agrees to pay the adjusted monthly installment amount be- <br />gillning on the first payment date which occurs at least thirty (30) days after Mort- <br />gagee has given the Adjustment Notice to Mortgagor. Mortgagor will continue to pay <br />the adjusted monthly installment amount set forth in the last Adjustment Notice given <br />by Mortgagee to Mortgagor until the first payment date which occurs at least thirty <br />(30) days after Mortgagee has given a furthsr Adjustment Notice to Mortgagor. Not- <br />~ithstanding anything to the contrary contained in this Adjustable Rate Rider or <br />the Mortgage, Mortgagor will be relieved of any obligation to pay, and Mortgagee will <br />Ilave forfeited its right to collect, any increase in the monthly installment amount <br />(caused by the recalculation of such amount under Subparagraph 4(a) for any payment <br />date occurring less than thirty (30) days after Mortgagee has given the applicable <br />Adjustment Notice to Mortgagor. <br />"(c) l~otwithstanding anything contained in this Adjustable Rate Rider, in <br />the event that (1) the Existing Interest Rate was reduced on a Change Date, and (ii) <br />~1Qrtgagee failed to give the Adjustment Notice when required, and (iii) Mortgagor, <br />consequently, has made ~ny monthly installment payments in excess of the amount <br />~...hlch would have been set forth in such Adjustment Notice ("Excess Payments"), then <br />~!urtgagor, at Mortgagor's sole option, may either (1) demand the return from Mort- <br />g~gee (who for the purposes of this sentence will be deemed to be the mortgagee, or <br />mortgagees, .....ho received such Excess Payments, whether or not any such mortgagee <br />subsequently assigned the Hottgage) of all or any portion of such Excess Payments, <br />witll interest thereon at a rate equal to the Index on the Change Date when the <br />Exi~ting Interest Rate was so reduced, from the date each such Excess Payment was <br />m~de by Mortgagor to repayment, or (2) request that all or any portion of such Excess <br />P~yments, together with all interest thereon calculated as provided above, be applied <br />.:is payments against principa 1. <br /> <br />S. Nothing contained in this Adjustable Rate Rider will permit Mortgagee to <br />~ccumplish an interest rate adjustment through an increase (or decrease) to the un- <br />paid principal balance. Changes to the Existing Interest Rate may only be reflected <br />through adjustment to Mortgagor's monthly installment payments of principal and in- <br />terest. as provided for herein. <br /> <br />BY SIGNING BELOW. Mortgagor accepts and agrees to the terms and covenants con- <br />taln~d in this Adjustable Rate Rider. <br /> <br />flJ~ k~~ (Seal) <br />Mortgagor Hal" tanley Bea y <br /> <br />~L.v:). -~ .GfP.v.l....QO(3 (Seal) <br />Mortgagor Dana B. Heas ey - <br />
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