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87-- 106806 <br />(e) Mortgagee will perform the functions required under Subparagraphs 3(a), (b) and <br />(c) to determine the amount of the new adjusted interest rate, if any. Any <br />such new adjusted intere st rate will became effective on the Change Date and <br />thereafter will be deemed to be the Existing Interest Rate. The new Existing <br />Interest Rate will remain in effect until the next (flange Date on which the <br />interest rate is adjusted. <br />(f) The method set forth in this Paragraph 3 of this Adjustable Rate Rider, for <br />determining whether or not an adjustment must be made to the Existing Interest <br />Rate incorporates the effects of the provisions of 24 CFR 203.49 (e)(1) which <br />require that changes in the Index in excess of one percentage point must be <br />carried over the inclusion in adjustments to the Existing Interest Rate in <br />subsequent years. <br />(g) If the Index is no longer available, Mortgagee will be required to use any <br />index prescribed by the Department of Housing and Urban Development. Mortgagee <br />will notify Mortgagor in writing of any such substitute index (giving all <br />necessary information for Mortgagor to obtain such index) and after the date <br />of such notice the substitute index will be deemed to be the Index hereunder. <br />4. (a) If the Existing Interest Rate changes on any Change Date, Mortgagee will re- <br />calculate 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, <br />the unpaid principal balance (which unpaid principal balance will be deemed to <br />be the amount due on such Change Date assuming there has been no default in <br />any payment on the Note but that all prepayments on the Note have been taken <br />into account), at the new Existing Interest Rate, in equal monthly payments. <br />On or before the (flange Date, Mortgagee will give Mortgagor written notice <br />( "Adjustment Notice ") of any change in the Existing Interest Rate and of the <br />revised amount of the monthly installment payments of principal and interest, <br />calculated as provided above. Each Adjustment Notice will set forth W the <br />date the Adjustment Notice is given, (ii) the Change Date, (iii) the new <br />Existing Interest Rate as adjusted on the Change Date, (iv) the amount of the <br />adjusted monthly installment payments, calculated as provided above, (v) the <br />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 <br />law from time to time. <br />(b) Mortgagor agrees to pay the adjusted monthly installment amount beginning on <br />the first payment date which occurs at least thirty (30) days after Mortgagee <br />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 <br />given by Mortgagee to Mortgagor until the first payment date which occurs at <br />least thirty (30) days after Mortgagee has given a further Adjustment Notice <br />to Mortgagor. Notwithstanding anything to the contrary contained in this <br />Adjustable Rate Rider of the Mortgage. Mortgagor will be relieved of any ob- <br />ligation to pay, and Mortgagee will have forfeited its right to collect, any <br />increase in the monthly installment amount (caused by the recalculation of such <br />amount under Subparagraph 4[a]) for any payment date occurring less than thirty <br />(30) days after Mortgagee has given the applicable Adjustment Notice to <br />Mortgagor. <br />(c) Notwithstanding anything contained in this Adjustable Rate Rider, in the event <br />that W the Existing Interest Rate was reduced on a Change Date, and (ii) <br />Mortgagee failed to give the Adjustment Notice when requiied, and (iii) <br />Mortgagor, consequently, has made any monthly installment payments in excess <br />of the amount which would have been set forth in such Adjustment Notice <br />( "Excess Payments "), then Mortgagor, at Mortgagor's sole option, may either (1) <br />demand the return from Mortgagee (who for the purposes of this sentence will <br />be deemed to be the Mortgagee, or mortgagees, who received such Excess Pay- <br />ments, whether or not any such mortgagee subsequently assigned the Mortgage) <br />of all or any portion of such Excess Payments, with interest thereon at a rate <br />equal to the Index on the Change Date when the Existing Interest Rate was so <br />reduced, from the date each such Excess Payment was made by Mortgagor to re- <br />payment, or (2) request that all or any portion of such Excess Payments, to- <br />gether with all interest thereon calculated as provided above, be applied as <br />payments against principal. <br />L5. Nothing contained in this Adjustable Rate Rider will permit the 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 <br />interest, as provided for herein. <br />M <br />