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200411796 acceleration has ,ccurred, 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 Property or rights under this Security Instrument. The proceeds of any award or cl�'.m for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscell:incous Proceeds that are not applied to restoration or repair of the Property shall be applied in the or('cr provided for in Section 2. 12. Borrov er Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successor, in Interest of Borro�N er. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of t:. , sums secured by this Security Instrument by reason of any demand made by the original Borrower or anv Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, 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 exec_ ise of any right or remedy. 13. Joint n:;d Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that I; ri ewer'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 Instruw !it enly to mortgage. grant and convey the co- signer's interest in the Property under the terms of this Se_ rite Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accon iodations with regarc: to the terms of this Security Instrument or the Note without the co- signer's cony t. Subject to -:,,e provisions of Sc--tion 18, any Successor in Interest of Borrower who assumes Borrower's obli, :.bons under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower rights and benefits t-,der this Security Instrument. Borrower shall not be released from Borrower's obli :itions and liability wrier this Security Instrument unless Lender agrees to such release in writing. The cc . chants and agreements of this Security Instrument shall bind (except as provided in Section 20) and -refit the successors and assigns of Lender. 14. Loan a Barges. Lender may charge Borrower fees for services performed in connection with Borrower's dclir t, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrunr., it, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any , .her fees, the absent.: of express authority in this Security Instrument to charge a specific fee to Borrower :all not be construed is a prohibition on the charging of such fee. Lender may not charge fees that are ex p r ,sly prohibited by tlt i, Security Instrument or by Applicable Law. If the Loan :-; � ibject to a law wh :h sets maximum loan charges, and that law is finally interpreted so that the interest r other loan charges collected or to be collected in connection with the Loan exceed the permitted limits. Lei: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pc ii tted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be r nded to Borrower. Lender may choose to make this refund by reducing the principal owed under the ote or by making a direct payment to Borrower. If a refund reduces principal, the reduction will treated as a parti,,l prepayment without any prepayment charge (whether or not a prepayment ch:i. is provided for under the Nate). Borrower's acceptance of any such refund made by direct payment Borrower will constitute a waiver of any right of action Borrower might have arising out of such overch: 15. Notice All notices given 1,\ Borrower or Lender in connection with this Security Instrument must be in wri i Any notice to Boat wer in connection with this Security Instrument shall be deemed to have been give. to Borrower when .,t.iled by first class mail or when actually delivered to Borrower's notice address tent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applica, : Law expressly req.lires otherwise. The notice address shall be the Property Address unless Borrower leas designated a sub,titute notice address by notice to Lender. Borrower shall promptly notify Lender e: Borrower's change o: address. If Lender specifies a procedure for reporting Borrower's change of addre ;, then Borrower shall only report a change of address through that specified procedure. Y 0110226088 Initials: 4M -6(NE) (ooc I Page 10 of 15 Form 3028 1/01 m