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20010'7386 dismissed with a ruling that, in Lender' sjudgment,precludesforfeitureof the Propertyor other material impairmentof Lender'sinterestin the Propertyor rights underthis Security Instrument.The proceedsof any awardor claim for damagesthatare attributableto the impairmentof Lender'sinterestin the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restorationor 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. Extensionof the time for paymentor modificationDf amortizatiomf the sums securedby this SecurityInstrumenlgrantedby Lender to Borroweror any Successorin Interestof Borrowershall not operateto releasethe liability of Borrower or any Successorsm Interestof Borrower. Lendershall not be requiredto commenceproceedingsagainst any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortizatiornf the sums securedby this Securitylnstrumeniby reasonof any demandmadeby the original Borroweror any Successorsin Interestof Borrower. Any forbearanceby Lenderin exercisingany right or remedy including, without limitation, Lender's acceptanceof payments from third persons, entities or Successorsin Interestof Borroweror in amountsless than the amountthen due, shall notbe a waiverof or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrowercovenants and agreesthat Borrower'sobligationsand liability shall be joint and several. However,any Borrowerwho co -signs this Security Instrumentbut does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrumentonly to mortgage,grant and convey the co- signer's interestin the Propertyunder the termsof this Securitylnstrument;(b) is not personallyobligatedto pay the sums securedby this Security Instrument;and (c) agrees that Lenderand any other Borrowercan agree to extend, modify, forbear or make any accommodationssvith regard to the terms of this Security Instrumentor the Note without the co -si er's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower'sobligationsunderthis Security Instrumentin writing, and is approvedby Lender, shall obtain all of Borrower'srights and benefitsunder this Security Instrument.Borrowershall not be releasedfrom Borrower'sobligationsand liability underthis Security InstrumentunlessLenderagreesto such releasein writing. The covenants and agreementsof this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lendermay charge Borrowerfees for services performedin connectionwith Borrower's default, for the purposeof protectingLender's interest in the Propertyand rights underthis Security Instrument,including,but not limited to, attorneys'fees, propertyinspectionand valuationfees. In regardto any otherfees, the absenceof expressauthorityin this Security Instrumentto chargea specific fee to Borrowershall not be construedas a prohibitionon the chargingof such fee. Lendermay not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loanis subjectto a law which sets maximumloan charges, and that law is finally interpretecko that the interestor other loan chargescollectedor to be collectedin connectionwith the Loan exceedthe permittedlimits, then: (a) any such loan charge shall be reducedby the amount necessary to reduce the chargeto the permittedimit; and (b) any sums alreadycollectedfrom Borrowerwhich exceededpermitted limits will be refundedto Borrower. Lendermay choose to make this refund by reducing the principal owed under the Note or by making a direct paymentto Borrower. If a refund reduces principal, the reductidn will be treated as a partial prepaymentwithout any prepaymentcharge (whether or not a prepaymentcharge is provided for under the Note). Borrower's acceptanceof any such refund made by directpaymentto Borrowerwill constitutea waiver of any right of action Borrowermight have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connectionwith this Security Instrument must be in writing. Any noticeto Borrowerin connectionwith this Security Instrumentshall be deemedto have been given to Borrowerwhen mailed by first class mail or when actually deliveredto Borrower's noticeaddressif sent by othermeans. Notice to any one Borrowershall constitutenoticeto all Borrowers unless ApplicableLaw expressly requires otherwise. The notice address shall be the Property Address unless Borrowerhas designateda substitutenotice addressby notice to Lender. Borrowershall promptly notify Lenderof Borrower'schangeof address. If Lenderspecifiesa procedurefor reporting Borrower's changeof address, then Borrowershall only report a changeof addressthrough that specifiedprocedure. Initials: dM -6A(NE) 10005) Page 10 of 15 Form 3028 1/01