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• � 201207871 agree in writing the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party(as de5ned in the uext sentence) offers to make an award to settle a claim for damages, Borrower Fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Properry or to the sums sewred by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds ot the party against whom Borrower has a right of action in regazd to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Properry or rights under this Security Instrument. Borrower can cure such a default and, if 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 Properry or rights under this Security InsWment. The proceeds of any award or ctaim for damages that are attributa6le to the impairmeut of Lender's interes[ in the Property are hereby assigned a�d shall be paid ro Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in Ihe 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 amordzation of the swns secured by this Security lnstnunent granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the ]iability of Borrower or any Successors in Interest of Borrower. Lender shall not 6e required ro commence proceedings against any Successor in Interest of Borrower 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 oFBorrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third perso�s, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not 6e a waiver of or preclude the exercise of any right or remedy. l3. Joint and Several Liabllity; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liabiliry shall bejoint and several. However, any Aorrower who co-signs this Security Inshument but does not execute the Note(a"oo-signer"): (a)is co-signing this Security Instr�unent only to mortgage, gtant and convey the co-signer's interest in [he Property under the terms of fhis Security Instrument; (b) is not personally obligated [o pay the sums secured 6y this Secwity Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accaxunodations wi[h regard to the terms of this Sewrity Instrument or the Note withou[ the co-signer's co�sent. Subject to the provisions of Section I8, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instnunent in writing, and is approved by Lender, shall ohtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be re]eased from Bonower's obligations and liability under this Securiry lnstrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrmnen[ shall 6ind (except ati provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, ptoperty inspection and valuation fees. In regard[o any other fees, the absence of express authority in this Security Iastrument to charge a specific fee to Borrower shall not be wnstrued as a prohibition on the charging of such fee. Lender may not charge fees that aze expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, anJ that law is finally interpreted so that the interes[ or other loan charges collec[ed or to be wllected in connection with the Loan exceed[he permitted limits, [hen: (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 Bovower which exceeded 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 Borrower. If a refund reduces principal, the reduction will be [reated as a parGal prepayment without any NESR4SKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ��y�� frorm 3D28 1/01 Page 9 af 14 www.docmagic.rom