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200112794 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 are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. proceeds that are not applied to restoration or repair of the Property shall e All Miscellaneous proceeds applied in the order provided for in Section 2. Lender Not a Waiver. Extension of the time for 12. Borrower Not Released; Forbearance By payment or modifscatiocnce of amortization of the sor . Inte est of Borrow r shall not perate to release the 1 ability of Borrower to Borrower or any Su or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against time for payment or otherwise modify any Successor in Isuemsssecu ed by this er or Security Instrument trument byre on of any demand made by the original amortization of the right or Borrower or any Successors in Interest of Borrower. Any forbearance by Lender h exercising any remedy including, Interest Borrowertor in amnounts less e htan the amount then due, hall of be persons, waivers of or Successors m Inte preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower ants and agrees that Borrower's obligations and liability shall be joint and several. However, any c xecute the Note (a co -signs this Security Instrument but does and convey the co-signer's interest in the Property co-signing s under the Security Instrument only to mortgage, grant terms of this Security Instrument; (b) r not any personally other Borrower can agree to exte dUem by y, forbear Security or Instrument; and (c) agrees that Lender and any make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations Security Instrument sna l ot obtain all of Borrower's rig hts and benefiitsunderthis Security Instrument. Borrower shall be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such provided n writing. The covenants and agreements of this Security Instrument shall bind (except as 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 he P n P ty d r ghts nderhs Security Instrument, including, but not limited to, attorneys' fees, property P e n 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 e Law. Lender may not charge fees that are expressly prohibited by this Security Instrument or by App 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 n 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 limit; and ower. Lender may choose t o emake this orefund by reducing the principal Pal limits will be refunded the owed under the Note or by making a direct payment to Borrow f ment refund arge (whether or not a not will be treated as a partial prepayment without any prepay prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrumen 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 Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Borrower hasadesigated expressly substitute notice address The notice Le der. Borrower shall promptly unless Borrower g notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. V. initials: Page 10 of 15 Form 3028 1/01 (M-GAME) (0005( M