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FILE No . 924 07/30 '01 AM 10:45 I D : AT I TITLE CO. FAX :1 308 382 83400 PAGE 13 200107672 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 Iltnitallon, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several, However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) Is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's Interest in the Properly under the terms of this Security Instrument; (b) Is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent, Subject to the provision of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument In writing, and Is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided In Section 20) and bensfit the successors and assigns of Lender, 14, Loan Charges. Lender may charge Borrower fees for set-vices performed in connection with Borrower's default, for the purpose of protecting Lender's interest In the Properly and rights under this Security Instrument, Including, but not limited to. attorneys' fees, properly Inspection and valuation fees. In regard to any other fees, the absence of express authority In this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan Is subject 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 collected In connection 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 limll; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Nate or by making a direct payment to Borrower. 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 Notej. Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any rigid of action Borrower might have arising out of such overcharge. 111, 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 mall or when actually delivered to Borrower's notice address If sent by other means, Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly 1 sHe12 Rev II /08/00 Pegs 12 of 18 lldlhb; FORM 9028 1101