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20120386� acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that aze attributable to the impairment of Lender's interest in the Property aze hereby assigned and shall be paid to Lender. All Miscellaneous Proaeeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Bonower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third �rsons, entities or Successors in Interest of Bortower or in amounts less than the amount then due, shall �t be a waiver of or pr�lude the exercise of any right or remedy. I3. Joint and Several Liabiiity; Co-signers; Successors and Assigr�s Bound. Borrower covenants and agrees that Borrower's obligations and liabitity shall be joint and �veral. However, auy �orrower who co-signs this Security Instrument but does not exe.cute the Note (a "co-signer"): (a) is co-signing this Security Instrament only to mortgage, grant and convey the co-signer's interest in the Property under the terms of tius S�urity Instrument; (G) is not personally obligate,� to pay the sums secvaect by this Security Instnrment; and (c} agrees that Lender and any other �osmwer cau �gre.e t� exten�, modify, forbear or make any atxommodatioffi �rith regard w the terms of this Security Instrumeat or tite Note without the c�-signer's consest. Subject to the provisions of Secrion I8, aQy Successor in Interest of Bormvver wfio assumes Borrower's obligations vnder this Security Instcvment in vvtiting, and is approved by Lender, shall obtain alI of Borrower's rights aud benefits nnder this Security Instrument. �orrower sha�l aot be released from Borrower's obligations and liabiliry under this Seeurity Instrument unless Len.der agrees to such rele�se in writing. The covenants and agreements of this Security Instrument shall bind (exc�pt as pmvided in Section 20) and be�fit the sucxessors and assigns of Lender. 14. Loan Cvarges. �.ender may cliarge Borrower fees for services performed in connection with Borrower's default, for tite pttrpose of pmtecting Lender's interest in the Pro�rty and rights under this Security Instr�ment, including, but not limited to, attorneys' fees, pmperty inspectio�x and valuation fees. In regat� to aay other f�s, the absence of express authoriry in this Security Instrnment to ch,arge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge f�s that aze expressIy prohibited by this Security Instrument or by Applicable Law. If the Loan is subje,ct to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be colle,cted in coffiecrion with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Bonower which exc.eeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Bortower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by dir�t payment to Bonower will consritute a waiver of any right of action Bonower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Bonower's notice address if sent by other means. Notice to any one Bonower shall constitute notice to all Bonowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Bonower has designated a substitute notice address by notice to Lender. Bonower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Bonower's change of address, then Borrower shall only report a change of address through that specified procedure. ��meis �-6G�NE) l000sJ.oi Page 10 of 15 Form 3028 1/01 O