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201206729 Security Instrument, whetlier or not then due. "Opposing Party" means the third parry that owcs Borrower Miscellaneous Proceeds or Che party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in defauLt if any action or proceeding whether civil or criminal, is begun Uiat, in Lendcr's judgment, could result in forfeiture of the Property or other material impairment ofLender's interest in the Property or rights under this Security instrument. Borrower can cure such a default and, if aceeleration has occurred, reinstate as provided in Soction 19, by causing the action or procecding to be dismissed with a euling that, in Lender's judgmenE, precludes forfeiture of the Property or other material impairment of I,ender's interest in the Prope�ty or rights under this Securiry Instrument. The proceeds of any nward or � claim for damages that are aftributable lo the iropairment of Lender's i�lteees[in the Property are hereby � assigned and sliall be paid to I,ender. AI1 Miscellaneous Proceeds thaf are not applicd to restoration or repair of the P�roperty shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waivec Extensiou oI'the time for payment or modification of amortizaYion of the snms secnred by lhis Security Instrument granteA by Lender to Rorrower or any Successur in Interest of Borrower shall not operate fo release the liabilify of Sorrower or ai�y Successors in Interest of Borrower. I.ender shall not be required to commence proceedings against any Succcssor in Tnterest of Borrower or to relnse[o extend timc f'm� payment or otherwise modify ama'tiaation of the sums secm�ed by this Security Instrument by reason of any demand made by tlie original Borrower oe any Successors in InCerest of Borrower. Any forbearance by I.ender in exercising any right or eemedy including, without limitation, Lender's acceptance of payments from third persmis, cntities or Successors in interest of Rorrower or i�amounts less than the amount thcn doc, shal]noC be a waiver of or preclude the exercise of a�ry right or remedy. 7 3. Joint and Several Liability; Co-signers; Successors and Assigns 8ound. Borrower covenants and agees that Borrower's obligations and liabili[y shal]be joint and several. Howevee, any Borrower who co-signs this Secw-ity Instrument but does tiot execute the NoYe(a"co-signer"): (a) is co-signing this Securiry InsYrument only to niortgnge, grant and convey tlie co-signer's interest in the Property under tlie terms of this Securiry InsYsument; (b) is not personally o6ligated to pay the sums secured by thie Security Instrumeriti; and(c)agrees that Lender and any other Borrower can agree to exfend, modify, forboar or make any accommodations with regttrd to the terms of tliis Security Tnstrumcnt or fhe Note witliout the co-signer's consent. Subject fo the provisions of Section 1 R, any Successor in interest of Borrower who assumes Borrower's ol�ligations under this Securiry Insuument in writing and is approved by Lender, shall obCain all of Borrower's rights and benefiYs under this Secarity]nstrament. Borrower shall not be released ti�o�n Borrower's obligations aod liabiliry under this Security Insd•mnent miless Lender agrees tio such release in wriYing. The covenan[s nnd agreements of this Security Tustrument shall bind (except as provided in Section 20)and Uenefit the successors and assigns of Lendcr. 1 A. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting I,ender's interest in Yhe PropeiYy and rights under this Security InsCrument, iuclndiug but not limited tq attorneys' fees, property inspection and valuation fees. Lt regard fo any other fees, the absence of express authority in tUis Security Iuslrument to charge a specific fee to Borrower shall not be constraed as a prohibition on the charging of sudi fee. Lender may not charge fees tliat are expressLy prohibited by this Security Instrmnent or by Applicable Law_ BB01252268 99012522fiB NGBR0.5KA-Single Family-Fannle MaelFratldie Mac UWFORM INSTRl1M[NT WITH MERS Form 3�28 1101 VMP(� VMP6A(N�(1105) Wol�era Kluwer Financial Services Page 11 of V