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84003414
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84003414
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Last modified
11/20/2008 5:29:54 PM
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11/20/2008 5:29:53 PM
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DEEDS
Inst Number
84003414
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<br />I <br /> <br />r ~i <br />,...., <br />~ <br />~ <br />0 <br />0 (iii) <br />r <br />'<::l" <br />CO <br /> <br />(c) Acc~Quotation and Converting. If Borrower wishes to convert <br />this loan at the fixed rate and payment quoted, Borrower must notify <br />the Lender of Borrower....s acceptance in writing. Such notice must: be <br />received by the Lender at least 15 days before the Change Date and <br />must be accompanied by the conversion fee. <br /> <br />(d) Reduction of Time Periods. If the Notice of Periodic Adjustment is <br />not sent by the Lender at least 35 days before the Change Date, then <br />each time period stated above shall be reduced by five days. <br /> <br />The fixed rate of interest quoted by Lenderand payable by Borrower will be <br />equal to the "Fixed Rate Index" plus ':,77') %:' The Fixed Rate Index is <br />the net yield requirement of Federal Nation'al Mortgage Association (FNMA) <br />for 60-day mandatory deli very of new fixed rate loans as such Fixed Rate <br />Index is available when the rate quotation is made. The new fixed interest <br />rate will become effective on the applicable Change Date. <br /> <br />Borrower's monthly payments at the new fixed interest rate will begin as of <br />the first monthly payment after the applicable Change Date. The monthly <br />payment ..ill be the amount that is necessary to repay in full the principal <br />Borrower will owe (assuming timely payment of all amounts due prior to that <br />date) on that Change Date in substantially equal payments by the Final <br />Payment Date at the fixed interest rate. <br /> <br />(iv) If the Fixed Rate Index ever ceases to be published or made available by <br />FNMA, or if FNMA ever ceases quoting and purchasing mortgage loans on the <br />basis now reflected by the Fixed Rate Index, then this conversion option <br />shall terminate, However, if by that time, Borrower has already accepted <br />a quotation and converted this loan, such termination will not affect <br />Borrower. Borrower's fixed rare' and payment will, in that event, remain in <br />full force and effect. <br /> <br />(v) If the fixed rate to be quoted on any Change Date exceeds the maximum <br />charges or rate a~i"wed by applicable law, then conversion will not be <br />allowed for that Change Date. The Lender may offer a lower rate or charges <br />than required or permitted by Section 1 of the Note in order to comply with <br />such legal limitations, but is not required to do so. <br /> <br />(vi) If, after conversion, Borrower makes any prepayment under Section 7 of the <br />Note, Borrower wi 11 be governed by Section 7 of the Note except that the <br />amount of Borrower's monthly payments will not be changed. <br /> <br />(vii) Upon Borrower's timely exercise of the conversion option, Section 4 of the <br />Note shall cease to be effective. <br /> <br />D, TRANSFER OF THE PROPERTY <br /> <br />Paragraph 17 of the Security Instrument is amended to read as follows: <br /> <br />If all or any part of the Property or any interest therein is sold "".. <br />transferred by Borrower without the Lender's prior written consent, including <br />a Contract for Deed sale, but excluding (a) the creation of a lien or <br />encumbrance subordinate to the Security Instrument, (b) the creation of a <br />purchase money security interes t for household appliances, (c) a tram,fer by <br />devise, descent Ot by operation of law upon the death ofa joint tenant or <br />(d) the grant of any leasehold interest of thre,e years or less not containing <br />an option to purchase., the Lender may, at the Lender"" s option, declare, all <br />the sums evidenced by the Note and secured by this Security InStrument to be <br />immediately due and payable. If the Lender exercises its option to <br />accelerate under thls paragraph, the Lender shall mail Borrower notice of <br />acceleratlon in accordance with this Security Instrument. Sueh notlee shall <br />provide a period of not less than 30 days from the date the notice ls mailed <br />within which Borrower may pay the sums declared due. If Borrower fails to <br />pay such Sums prlor to the expiration of such period, the Lender may, without <br />further notice or demand on Borrower, invoke any remedies permit ted by the <br />Note and this Security Instrument. The Lender shall have waived such option <br />to accelerate if, prior to the sale or transfer, the Lender and the person to <br />whom the Property is to be sold or transferred reach agreement ln writing <br />that: the cred,it of such person is satisfactory to the Lender. As a condition <br />to waiving the Lender's right to accelerate, the loan terms, including the <br />interest rate payable on the Note, the Margin for future interest rate <br />changes (as that t.erm is defined in the Note), and the maximum interest rate <br />Cap prov1ded in Paragraph 4(b) of the Note above the initial interest rate <br />shall ~e subject to modification by t.he Lender. If the Lender has walved the <br />option to accelerate provided in this Paragraph, and if Borrower's successor <br />in interest has executed a written assumption agreement accept:ed in writing <br />~y the Lender, the Lender shall release Borrower from all obligatlons under <br />this Securlty Instrument and the Note. <br />
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