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2aiooos72 0116044413 22. Adjustable Rate Feature. Under the Second Note, the initial interest rate of 2.731 % which accrues on the unpaid principal balance ("initial Interest Rate") is subject to the change, as described below. When the interest rate changes, the new adjusted interest rate will be applied to the total outstanding principal balance. Each adjustment to the interest rate will be based upon the average of interbank offered rates for one-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in Thc: Wczll Strc:et.Inurnal,rounded to three digits to the right of the decimal point, ("index") plus a margin. If the Index is no longer available, Lender will use as a new Index any index prescribed by the Secretary. Lender will give Borrower notice of the new index. Lcndcr will perforn~ the calculations described below to determine the new adjusted interest rate. The interest rate may change on the first day of 04/2010 ,and on ^ that day of each succeeding year X^ the first day of each succeeding month ("Change Date") until the loan is repaid in full. The "Current Index" means the most recent index figure available 30 days before the Change Date, and if the day that is 30 days before the Change Date is not a Sunday or Monday and not the first business day of the week, the Current Index will be the Index as published the first business day of that week. If the day that is 30 days before the Change Date is a Sunday or Monday and not the first business day of the week, the Current Index will be the Index as published the first business day of the immediately prior week. Before each Change Date, the new interest rate will be calculated by adding a margin to the Current Index. The sum of the margin plus the Current index will be called the "Calculated lntcrest Ratc" for each Change Data The Calculated Interest Rate will be compared to the interest rate in effect immediately prior to the current Change Datc (the "Existing Interest Rate"). ^ (Annually Adjusting Variable Rate Feature) The Calculated Interest Rate cannot be more than 2.0% higher or lower than the Existing Interest Rate, nor can it be more than 5.0'% higher or lower than the initial lntcrest Rate. X^ (Monthly Adjusting Variable Rate Feature) The Calculated interest Rate will never increase above TWELVE AND 731/1000 percent ( 12.731 %). The Calculated Interest Rate will be adjusted if necessary to comply with these rate limitation(s) and will be iu effect until the next Change Date. At any Change Date, if the Calculated Interest Rate equals the Existing Interest Ratc, the interest rate will not change. 23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which is the Property Address. 25. Riders to this Security instrument. If one or more riders are executed by Borrower and recorded together with this Security instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es).] ^ Condominium Rider ^ Planned Unit Development Rider ^ Other (Specify) First American Loan Production Services Nehraska HEC.M ARM Second Security Instrument ©200A Hirst American Real Estate Solutions LL.C PALPS# NEHECM25IAIML-8 Rcv. 04-30-09 Page 8