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87- 106801 <br />b@ carried over for inclusion in adjustments to the Existing Interest Rate in sub- <br />sequent years. <br />(g) If the Index is no longer available, Mortgagee will be required to use <br />any index prescribed by the Department of Housing and Urban Development. Mortgagee <br />will 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 />4. (a) If the Existing Interest Rate changes on any Change Date, Morgagee will <br />recalculate the monthly installment payments of principal and interest to determine <br />the 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 Note but that all prepayments on the Note have been taken into account), at the <br />new Existing Interest Rate, in equal monthly payments. On or before the Change Date, <br />Mortgagee will give Mortgagor written notice ( "Adjustment Notice ") 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 />Notice will set forth (i) the date the Adjustment Notice is given, (ii) the Change <br />Date, (iii) the new Existing Interest Rate as adjusted on the Change Date, (iv) the <br />amount of the adjusted monthly installment payments, calculated as provided above, <br />(v) the Current Index, (vi) the method of calculating the adjustment to the monthly <br />installment payments, and (vii) any other information which may be required by law <br />from time to time. <br />(b) Mortgagor agrees to pay the adjusted monthly installment amount be- <br />ginning 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 further Adjustment Notice to Mortgagor. Not- <br />withstanding 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 />have 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) Notwithstanding anything contained in this Adjustable Rate Rider, in <br />the event that (i) the Existing Interest Rate was reduced on a Change Date, and (ii) <br />Mortgagee failed to give the Adjustment Notice when required, and (iii) Mortgagor, <br />consequently, has made any monthly installment payments in excess of the amount <br />which would have been set forth in such Adjustment Notice ( "Excess Payments "), then <br />Mortgagor, at Mortgagor's sole option, may either (1) demand the return from Mort- <br />gagee (who for the purposes of this sentence will be deemed to be the mortgagee, or <br />mortgagees, who received such Excess Payments, whether or not any such mortgagee <br />subsequently assigned the Mortgage) of all o•: any portion of such Excess Payments, <br />with interest thereon at a rate equal to f:.a Index on the Change Date when the <br />Existing Interest Rate was so reduced, A..om the date each such Excess Payment was <br />made by Mortgagor to repayment, or (2) request that all or any portion of such Excess <br />Payments, together with all interest thereon calculated as provided above, be applied <br />as payments against principal. <br />5. Nothing contained in this Adjustable Rate Rider will permit Mortgagee to <br />accomplish 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 />BY SIGNING BELOW, Mortgagor accepts <br />tained in this Adjustable Rate Rider. <br />and agrees to the terms and covenants con- <br />. <br />Mortgagor M aeX i6seph Press (Seal) <br />(Seal) <br />Mortgagor Georgia Ann Press <br />