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<br />RR- 105110 <br />ADJUSTABLE RATE "AlDER BA579-1-20 <br /> <br />THIS ADJUSTABLE RATE RIDER Is mad.lhls 21st deyof September 19BB, end <br />Is. IncorporatMl Inlo and ~hNl be deemed to Dhtend and supplement ths M0r10age. Deed of Trust or Security Deed f"MDrtgage'1. of even <br />dale hlrlWlth, given b~ thl undersigned ("Mortgagor" to secure MartgBgo(~ Adjustable Rate Note CONDIe". of even dill. herewith, to <br />FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF LINCOLN ("Mortgagee'1, <br />covering the premises described In the Mortgage and located at 126 Bas t Bismark Road <br />Grand Island, Nsbraska 68801 <br /> <br />Notwithstanding anything to the contrary set forth In the Mortgage, Mortgagor and Mortgagee hereby agree to the fallowing: <br /> <br />1. Under the Nole, thelnltJa1 staled Inleresl IlIle of Eight and Three fourthe per centum ( B.750 %) <br />per annum r'lnlt1aJ Interest Rate" on the unpaid principal balance Is subject to change. as hereinafter described. When the Interest <br />rate changes. the equal monthly inataUments of principal and Interest also wnl be adjusted, as hereinafter prcvlded. so that each <br />InstaDment will be In IU1 amount necessary to fully amortize the unpaid principal balance of the Note, at the new adjusted Interest <br />rate, over the remaining term of the note. <br /> <br />2. The first adjustment to the! Interest rate (if any adjustment Is required) wlll be effective on the first day 01 November <br />1989 , (which date wID not be less than tNeNe months nor more than eighteen months from the due date of the first In- <br />5taI1ment payment under the Note), and thereafter each adjustment to the interest rate wID be made effective on that day of each <br />succeeding year during the term of the Mortgage C'Change Date". <br /> <br />3. Each adjustment to the interest rate wiD be made based upon the following method of employing the weekty average yield on Unit- <br />ed States Treasury Securities adjusted to a constant maturity of one year ("Index"; the Index Is published In the Federal Reserve <br />Bulletin and made available by the United States Treasury Department in SlallsllcaJ Release H.15 (519)). As of each Change Date. <br />it wiD be detennlned whether or not an interest rate adJustment must be made, and the amount 01 the new adjusted interest mte. <br />if any. 85 follows: <br /> <br />(a) The amount of the Index wm be determined. using thB most recently available figure, thirty (30) days before the Change Date <br />r'Current Index". <br />(b) 250 percentage points ~%: the "Margin" wiD be added to the Currentlndex Bnd the <br />sum of this addition wiD be rounded to the nearest one-eighth of one percentage point (0.125%). The rounded sum, 01 the <br />Margin plus the Current Index. will be called the "Calculated Interest Rate" lor each Change Date. <br />(c) The Ciilculated Interest Rals will be compared to the Interest rate being earned Immediately prior to the ament Change Date <br />(such interest rate being called the "ExIsting Interest Rate'1- Then. the new adjusted Interest rate. If any, will be detemlined <br />as foUows: <br />(i) If the Calculated Internt Rate Is the Ame as the existing Interest Rate. the interest rate wiU not change. <br />(ii) II the difference between the Calculated Interest Rate and the existing Interest Rate is less than or equal to ene percent. <br />age point the new adjusted interest ralB will be equal to the Calculated Interest Rate (subject to the maximum aBowable <br />change over the term of the Mortgage of five percentage points. In either direction. from the Initial Interest Rate, herein <br />called the "5% Cap'1. <br />(iii) If the Calculated Interest Rate exceeds the Existing Interest Rate by more than one percentage point. the new adjusted <br />interest me wiD be equal to Dnl!! percentage point hIgher than the ExIsting Interest RBle (subject to the 5% Cap). <br />(Iv) If the Caladated Interest Rate Is less than the existing Interest Rate by more than one percentage pelnt. the new adJust- <br />ed interest rate will be equaJto one percentage point less than the existing Intere$t Rl1e (subject to the 5% Cap). <br />(d) Notwithstanding anything contained in this Adjustable Rate Rider, In no event wW any new adjusted Interest rate be more than <br />live percentage (5%) points higher or lower than the Init.lallnterest Rate. It any increase or decrease in the Existing Interest <br />REe would cause the new adjusted Interest rate to exceed the 5" Cap, thl!l new adjusted Interes! rate wiD be limited to five <br />percentage (5") points higher or lower. whichever Is app6cable. than the Init1al Interest Rate. <br />(e) Mortgagee wiD perform the functions required under Subparagraphs 3(8), (b) and (c) to detennine the amount of the new adJust- <br />ed rate. If an).'. Any such new adjusted Interest rate wW become effective on the Change Date and thereafter will be deemed to <br />be the existing Interest Rate. The new Existing Interest Rate will remain In effect untO the next Change Date on which the Inter. <br />est me Is adjusted. <br />(I) The method set forth in this Paragraph 3 of this Adjusted Rate Rider, for determining whether or not an adjustment must be <br />made to the Existing Interest Rate lncorporetes the etfodS of the previsions of 24 CFR 203.4R (e) (1) and 234.79 (e) (1) whIch <br />rec;ulre that changes In the Index In exce$S of one percentage point must be caniec:t over for inclusion in adjustments to the <br />Existing Interest Rate In subsequent years. <br />(g) If the index Is no longer available, Mortgagee wBI be required to use lU1y Index prescribed by the Department 01 Housing and <br />Urban Development Mortgagee will notttv Mortgagor In writing of any such substitute Index (gMng aB necessary lnIormatlon <br />for Mortgagor to obtakt auch Index) and alter the date of such notice the substitute Index will be deemed to be the IndEX <br />hlftlUnder. <br /> <br />4. (a) If the Existing Interest Rme changeJ. on IIn)' Change Date. Mortgagee wiD recalculate the monthly installment payments 01 princi- <br />pel and _ to _e the ......,1 which wculd be necessal)' 10 ~ In fuD, on \he maturity dot.. the unpaid principal balance <br />(which unpaid principal balance wi be deemed to be the amount due en such Change Date assuming there has been no default In <br />any ~ an thl Note but .. prepayments on the Note have been tak., Into account), at the nllW' Existing Interest Rate, in equal <br />rnonthIr peyIIWItL On at before the Clwlgo Dale, MorlglIg.. wiI glvo Mortgagor wrIlt.. notice ("Adjuslmlotl Notice'1 at any <br />~ In the Existing interest Rate and or the rewiaed amount of the monthly InstaDment payments of principal and Interest. caJcu. <br />IIaIld .. provided abovL Each AdIusIrMnt Nab d ... forth (I) the date the Adjustment Nollce Is given, (Ii) 1he Change Cate, <br />~ the MW Exiati1g Int.... RmII u adjusted on thl Change 0a1e, (Iv) the amount of the adjusted monthly Instaltmenl payments. <br />c:aIc:uIIIt8d .. provided aboYa. (v) &he Cunnt IndB, (vi) the method at calculaUng the adjustment to Ihe mon1hty Installment pay. <br />_ ond (vi) _ ath.. Infonnollan which may be ~Inld by law tram lima to time. <br /> <br />.,...AAM....,. f~ <br /> <br />Pag. 1 or 2 <br />