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HomeMy WebLinkAbout0992 ~nterest rate may (depending on prior interest rate changes) result in lower payments after a Change Date, subject to the limitationa set out in Section 2(D) oi this Note. In setting the amount of the monthly payment due after each Chenge Date, as provided in ~ Section 4(B) of this Note, the Note Holder wilt assume that the Note interest ~ate will not change again prior to the Final Payment Dete. ~ B. BETTINCi THE Y,(~ EN OUNt T~~~~~i Vi~ and o~ the ~ day of the month every T~VE thereafter (the "Change Oate"), the Note Holder will determine the monthly payment amount that will be sufficient to repay the principal balanoe in tull on the Final Payment Dete, at the new interest ?ate, in substantially equal payments, assuming that there is no further change in the interest rete. The result of this calculation will be my new monthly payment. The firot monthly payment due after the Change Date will be the new amount. 5. NOTICE OF CHANGES The Note Holder will mail me a notice by first class mai~ at least thirty (30) and no more than one hundred and twenty (120) days hetore each Payment Change Date if the payment is to change. The notice will advise me ot: (i) the new interest rate on my loan; (ii) the amount of my new monthly payment; and (iii) any additional matters which the Note Holder is required to disclose." B. CHAR~3ES;LIENS . Uniform Covenant 4 of the Mortgage is amended to read as follows: 4. Cha~s; Ll~s. 8orrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shell pay these obligationa in the manner provided in paragraph 2, or if not paid in that manner, 8orrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notic~s of emounts to be paid underthis paragraph. If Borrower makes th~e payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower ahall promptly discharge any Lien which has priority over this Security Insttument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the Lien in e manner acceptable to Lender. (b) conteats in good faith the lien by, ordefends against enforcementof the lien in, legal proceedings which in the Lenders opinion operate to preventthe enforcement of the lien or fo~feiture of eny part of the Property; or (c) secures trom the holder of the lien an agreement satisfectory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall setisfy the lien o~ take one or more of the actions set forth within 10 days of the giving of notice. C. NOTiCE Uniform Covenant 14 of the Mortgage is amended to read as follows: 14. Notlc~s. Any notice to Borrower provided for in this Securiry Instrument shall be given by delivering it or by mailing it by f irst class mail untass applicabte law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lendor. Any notice to Lender shail be given by tirst class mai~ to Lenders address stated herein or any other address Lender designates by notice to Borrower. Any notice provided tor in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. D. UNIFORM SECURITY INSTRUMENT;GOVERNING LAW; SEVERABILITY Uniform Covenant 15 of the Security Instrument is amended to read as follows: 15. Gov~r~ln~ Law; Sarenblllt~l. This Security Instrument shall be governed by federal law and the Iaw of the jurisdiction in the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the confiicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. ~ E. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER ! Uniform Covenant 17 of ths Security Instrument is amended to read as follows: ~ 17. Transf~r ot th~ Prop~rt~? or a B~n~flclal Int~r~st in Borrow~r. If all or any part of the Property or any interest in it is sold or ~ tranferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lendera prior ; written consent, Lender may, at iis option, require immediate payment in full of all sums secured by this Security InstrumenL However, this option shall not be exercised by Lender if exercise is prohibited by federal lew as of the date of this Securiry Instrument. k If Lender exercises this option, Lender shall give Borrov,rer notice of acceleretion. The notice shall provide e period of not less ~ than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security ~ I nstrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further nc~tice or demand on Borrower. Le:~der will consent to a sale or transfer if, prior to any such safe or transfer: (1) Borrower causes to be submitted to Lender info~mation required by Lender to evaluate the transferee as if a new loan were being made to the transferee; (2) the transferee submits upon Lender's standard application form a written application for permission to assume the loan; (3) the transferee qualifies under Lenders loan underwriting standards in eHect at the time of submission of transferee's application for assumption in ! the same manner as if a new loan were being made to the transferee as of the propased assumption date; (4) the transferee signs an ~ assumption agreement that is acceptable to Lender end that obligates the trensferee to keep all the promises and agreementa made in the Note and in this Security Instrument; (5) the transferee pays all required fees and chargea including, but not limited to, an ~ assumption fee as a condition to Lender's consent to the proposed assumption; and (6) no default ex9sts under the terms of the ~ Note and thia Security Instrument and all payments re~uired thereunder have been made and the loan account is then current. ~ Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing." ~ F. LOAN CHARGES E It the loan secured by the Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interesi or other loan charges collected or to be collected in connection with the loan exceed permitted limits, then: (1 } any ~ such loan charge shaii be reduced by the amount necessary to reduce the charge to the permitted limits; and (2) any sums already 4 collected from Borrower which exceeded permitted limits wiil be refunded to Borrower. Lender may choose to make this refund by E reducing the principal owed under the Note or by rrtaking direct payment to Borrower. If a refund reduces principal, the reduction wiN be treated as a paMial prepayment under the Note. ~ , d~~~95 F,,~2~.7$ ~ `~o~K 49? ~~E 990 ~ ~ P~q~2d3 ~ GF FL50320 7-8~ NOTE P4AN 46 IA~N ~ 0810309 ~ ~ ~ • ~ r~t~ ~-,,r - • - - ~ - - - - ~ - ~