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a RE- RECORDED 87-- 100501 (e) Mortgagee will perform the functions required under Subparagraphs 3(a), (b) and (c) to determine the amount of the new adjusted interest rate, if any. Any such new adjusted interest rate will became effective on the Change Date and thereafter will be deemed to be the Existing Interest Rate. The new Existing Interest Rate will remain in effect until the next Change Date on which the interest rate is adjusted. (f) The method set forth in this Paragraph 3 of this Adjustable Rate Rider, for determining whether or not an adjustment mast be made to the Existing Interest Rate incorporates the effects of the provisions of 24 CPR 203.49 (e)(1) which require that changes in the Index in excess of one percentage point must be carried over the inclusion in adjustments to the Existing Interest Rate in subsequent years. (g) If the Index is no longer available, Mortgagee will be required to use any index prescribed by the Department of Housing and Urban Development. Mortgagee will notify Mortgagor in writing of any such substitute index (giving all necessary information for Mortgagor to obtain such index) and after the date of such notice the substitute index will be deemed to be the Index hereunder. 4. (a) If the Existing Interest Rate changes on any Change Date, Mortgagee will re- calculate the monthly installment payments of principal and interest to determine the amount which would be necessary to repay in full, on the maturity date, the unpaid principal balance (which unpaid principal balance will be deemed to be the amount due on such Change Date assuming there has been no default in any payment on the Note but that all prepaycments on the Note have been taken into account), at the new Existing Interest Rate, in equal monthly payments. On or before the Change Date, Mortgagee will give Mortgagor written notice ( "Adjustment Notice ") of any change in the Existing Interest Rate and of the revised amount of the monthly installment payments of principal and interest, calculated as provided above. Each Adjustment Notice will set forth W the date the Adjustment Notice is given, (ii) the Change Date, (iii) the new Existing Interest Rate as adjusted on the Change Date, (iv) the amount of the adjusted monthly installment payments, calculated as provided above, (v) the Current Index, (vi) the method of calculating the adjustment to the monthly installment payments, and (vii) any other information which may be required by law from time to time. (b) Mortgagor agrees to pay the adjusted monthly installment amount beginning on the first payment date which occurs at least thirty (30) days after Mortgagee has given the Adjustment notice to Mortgagor. Mortgagor will continue to pay the adjusted monthly installment amount set forth in the last Adjustment Notice given by Mortgagee to Mortgagor until the first payment date which occurs at least thirty (30) days after Mortgagee has given a further Adjustment Notice to Mortgagor. Notwithstanding anything to the contrary contained in this Adjustable Rate Rider of the Mortgage. Mortgagor will be relieved of any ob- ligation to pay, and Mortgagee will have forfeited its right to collect, any increase in the monthly instalhient amount (caused by the recalculation of such amount under Subparagraph 4[a]) for any payment date occurring less than thirty (30) days after Mortgagee has given the applicable Adjustment Notice to Mortgagor. (c) Notwithstanding anything contained in this Adjustable Rate Rider, in the event that (i) the Existing Interest Rate was reduced on a Change Date, and (ii) Mortgagee failed to give the Adjustment Notice when requried, and (iii) Mortgagor, consequently, has made any monthly installment payments in excess of the amount which would have been set forth in such Adjustment Notice ( "Excess Payments "), then Mortgagor, at Mortgagor's sole option, may either (1) demand the return from Mortgagee (who for the purposes of this sentence will be deemed to be the Mortgagee, or mortgagees, who received such Excess Pay- ments, whether or not any such mortgagee subsequently assigned the Mortgage) of all or any portion of such Excess Payments, with interest thereon at a rate equal to the Index on the Change Date when the Existing Interest Rate was so reduced, from the date each such Excess Payment was made by Mortgagor to re- payment, or (2) request that all or any portion of such Excess Payments, to- gether with all interest thereon calculated as provided above, be applied as Lpayments against principal. 5. Noticing contained in this Adjustable Rate Rider will permit the Mortgagee to accomplish an interest rate adjustment through an increase (or decrease) to the un- paid principal balance. Cianges to the Existing Interest Pate may only be reflected through adjustment to Mortgagor's monthly inst311ment of principal and interest, as p r,vided for herein. ffl 4 I