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- � t <br />F <br />RE-RECORDED <br />101996 <br />89-101526 <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />$ Inspection. Lender or its agent may make reasonable entries upon and inspections of the Preperty. Lender <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately <br />before the taking, divided'by (b) the fair market value of the Prc:w --iy immed rely before the taking. Any balance shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if. after notice by Le, ;A& to Borrower that the condemnor offers to <br />make an award or settle a claim for damages, Borrower fails to respond to Lender within 30, days after the date the notice is <br />given, Lender is authorized to collect and apply the proceeds, at its option, either to restormrtijin or repair of the Property or <br />to the sums secured by this Security In_s rument, whether or not then due. <br />Unless Lender and Borrower otherwise agrw in writing, any application of proceeds tb principal shall not extend or <br />postpone the due date of the monthly payments refvn-I;cf to in paragraphs 1. and-Z or change the amount of such payments. <br />10. Borrower Not Released; Forbearance By Lender Not a '+B;Aver. Extensien of the time for pa)njkmt or <br />modification.'of amortization of the sums secured by this Secu,^r;-,,y, Instrt meet granted by.. Lender to any succe-aiir in <br />interest of Wmwer shall not operate to release the liability oftla -- original Borrower or Eornwees successors in i4Terest. r <br />Lender sWl tn6t be required to commence proceedings again 0i any successor in interest or refuse to extend time fo <br />payment orotherwise modify amortization of the sums secured by this Security Instrument by reason ofany demand made <br />by the original Borrower or Borrower's successors fm c '7terest. Any forbearance by Lender in exercising any right orrwttedy <br />shall not be a waiver of or preclude the exercise of at y fight or remedy. <br />11. Stccesaors and Amign Boxes; Joint and Several Liability; Co-signers. The, covenants and ags�rnR- is of <br />this Secure. -y �mstrument shall bind and "benefit the successors and assigns of Witter and Borrower. iubiavv -va dw r ' visions <br />6 pt iagrapN 17. Borrower's covenants and agreed wmr steal) be joint and ses erg- Any Burr•>awer win t ,, tl;li purity <br />fws?rument but does not execute the Note: (a) is cc•4y.-4y. this Security Instrument only to mortgage, grant a:, ,6.mnvey <br />that Borrower's interest in the Property under the terms of this S ("%jrity Instrument; (b) is not personally obligateiJ to pay <br />the sums secut;eJ by this Security Instrument; and (c) agrees th�v (:.ender and any other Borrower may agree to csric rid, <br />modify, forbear or make any accommodations with regard to the Wt 'ms of this Security Instrument or the Note without <br />that Borrower's consent. <br />12. Loan Charges, If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is final ?y interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the parmitted limits, then: (a) any such loan charge shall be reduced by the amount <br />ne o ssary to reduce the charge to the prr itted limit; and (b) any sums already collected from Borrower which exceeded <br />pr r,Mted limits will be refunded to 35-riower. Lender may choose to make this refund by reducing the principal owed <br />lac er the Note or by making <br />a +3irecl _. ,x,� ,_r to Borrower. If a refund reducer Iyencipal, c4e reduction will be treated as a <br />partial prepayment withouty r,3 pm pa) �^ vie l charge under the Note. <br />13. Legislation Affecting Lewines Rights. if enactr,.cnt or expiration of applicable laws has the etit=ca.' of <br />rendering any provision of the Note or this Security Instrument un- �r'orceable-according to its terms, Lender, at its option, <br />may require immediate payment in full of all sums secured by this Security instrument and may invoke any remedies <br />permitted by paragraph 19. If Lender exercises tilt -t cilption, Lender shail take the steps specified in t Fitt second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Bo °hewer provided for in this Security Instrument shall hegiven by delivering it U(' by <br />mailing it by first class mail unless ap;,;eable law requires use of another method. The notice shall, be directed to the <br />Property Address or any other address Borrower designates by notice to lender. Any notice tt: Lender shall Inc: given by <br />Erst class mail to Lenders address stated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to fiswrcwer cr lender when given as provided <br />in this paragraph, <br />15. Governing Law; Severability. This Security lnstrurr_n s.r611 ",. governed by federal law and the law of the <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Nate conflicts with applicable law, such conflict shall not affect other provisu:ns of this Security Instrument or the Note <br />which can be given effect %Olhrr :t.the conflicting provision. To this end the prof isiotn of this Security Instrument and the <br />Note are declared to be severs le. <br />16. Borrower's Copy. Igo -anti scroll b: given one conformed copy of the Note and of this Security Instrument. <br />17. Transfer of the property of a Beneficial Interest in Borrower. If all or any part of the Property or any <br />interest in it is sold or trarsferred for if a beneficial inr,-est in Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's error written consent, lender may, at its option, require unmedtate payment in full of all sums <br />secured by this Security Instrument. However, this option shall nca be exercised by lender if exercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If i.ender exercises this option, Leader shall give Borrower ilotne of acceleration. ! he notice shall provide a period <br />of not lest, than 30 days from the date the notice is delivered or mailed within which Borrower must pay all -urns secured by <br />this Security instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke ally <br />remedies permitted by this Security Instrument without further notice or demand on Btttrower. <br />It Borrower's Rlpltt to Reinstate. if Borrower meet; certain conditiofn, liurrower %hail have the right to have <br />enforcement of this Security instrument discontinued at any time prior to the earlier of: (a15 clays for such othcr period as <br />applicable law may specify for reinstatement) before stile of the Property pursuant to any potter of sale contamcd in this <br />Security Instrument, or (b) entry of is judginent enforcing this Security Instrument 'I'liose conditions are that If irrot►er. <br />(at pays Lender all sums aluch theft wituld he due under this Security instrument an the Note had uo acce•ler,ition <br />acrurred. IN curt~ any default (if any other cotenants e.- agrcetn_nts; (c1 P3)% all c;pt:rtves 1►1LUrft'4t in ctifi+nun. tins <br />Secutlty Instrument, including, but not limited to, reasonable attriroeys` fees, and (di takes ,v,h action as I etitler may <br />reasonably require to assure that the lien; t +f this Security irf.irumcnt. Lender's t1dits rri the 1'rop:,r:y and lforre+uer's <br />r3hhgmtorr fir Pity tt;r %uim- sC,.tited by this SCLUtlty Irt•.trumenr shill torirti :n.- or,rii,aty.trrf f -pin r•tn�r. :rrirttnf by <br />Itorn+%ter.tl33 tlnfttyIustrnin- itt,oijit �hfti: atutitss ccmcdhcrth gsl3. 1ifrt• triamfill l,, +. itet_ itt-A%Iti+.,a+<etc•t.01,mft.i,i <br />ci3:rril H +•ac.er rh3s right it,►einstatcsRialt r:• r of ;fie :.i,t+ +f.i..rtCr,,fi• i, temtc r t,,, *i.3. :rit•h, } 3 .,r <br />. i <br />t <br />