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MAR -14 -2003 FRI 01:48 PM WELLS FARGO HOME MTG FAX NO. 4025382983 P. 19 <br />200303116 <br />acceleration has oa urred, reinstate as provided in Section 19, by causing the action or proceeding in he <br />dismissed with a ruling that, in lender's judgment, precludes forfeiture of the Property or other material <br />impairment of Umer's interest in the Property or rights under ibis Security Instrument. The proceeds of <br />my award or claim for damages that are attributable to the impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellantous Proceeds that are not applied to reswration or repair of the Property shall be <br />applihd in the order provided for in Section Z. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or mtodifhe: lion of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in Intent of Borrower shall not operate to release the liability of Borrower <br />or any Successors it Interest of Borrower. Lender shall nun be required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the original <br />Borrower or my Sri cessers in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound, Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co -signs this Security Instrument but does not execute the Note (a "co-signer "): (a) is co- signing this <br />Security Instrument mly to mortgage, grant and convey the co- signer's interest in the Property under the <br />Teens of this Securir/ Instrument, (b) is not personally obligated to pay the sums secured by this Security <br />Los tmmenh and (c) igres that Lender and any other Borrower can agree To extend, modify, forbear or <br />make my accomerm aeons' with regard to The tern um <br />s of this Security Instrument or the Now without the <br />co- signer's consent. <br />Subject to the provisions of Section 18, my Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and benefits under This Security Instrument Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The coveaaus and agreements of This Security Instrument shall bind (except as provided in <br />Section 20) and bevel it the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower's default. lot the purpose of protecting lender's interest in the Property and rights tmdar Chia <br />Security Instrument, ncluding, but not limited m, attorneys' fees, property inspection and valuation fees. <br />In regard to my othel fees, the absence of express authority in this Security Instrument to charge a specific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender tray not charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable law. <br />If the Loan is su )ject to a law which sets maximum low charges, and that law is finally interpreted so <br />that the interest Or ifier loan charges collected or in be collected in correction with the Loan exceed the <br />permitted limits, them: (a) my such loan charge shall be reduced by the warmit necessary to reduce the <br />charge to the pemuttcd limit; and (b) my sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. leader may choose in make this refund by reducing the principal <br />owed under the Note or by nuking a direct payment To Borrower. If a refund reduces principal, the <br />reduction will be treated se a partial prepayment without my prepayment charge (whether or not a <br />Prepayment charge is provided for under the Note). Borrower's acceptance of my such rental made by <br />direct payment m Bon ower will constitute a waiver of my right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in coneecrion with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to <br />have been given to Borrower when mailed by firs[ class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice to my one Borrower shall constitute notice in all Borrowers <br />unless Applicable Lasr expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has dsignared a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Bomwer's change of address. If Lender specifies a procedure for reporting Borrower's <br />change of address, Tben Borrower shall only report a change of address through that specified procedure. <br />4m- etfaal Vwfi, P „Oa ro ana innaa.� Form 3028 1/01 <br />