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APR -15 -2003 TUE 01 10 PM HOME FEDERAL -NORTH 308 382 6338 P. 11 200305001 acceleration has occurred, 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 mender'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. All Miscellaneous Praceeds- that are not applied to resrorsion or repair of the Property, shalt be applied in the order provided for in Section 2. 12. Borrower Nat 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 Intereu of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. 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 the sums secured by 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.limitation.- taader's acceptance of payments..fiem-thir+d persons, entitles-.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 Llability; Ca- 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 rtot 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 Property 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 Larder 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 provisions 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 benefit the successors and assigns of mender. 14. Loan Charger Leader may charge Borrower fees ftAr services performed in connection with Borrower's default. for the purpose of protecting Lender's interest in the Property and rights under this Security Instrumeot, including� but not limited to, attorneys' free, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee o 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 Bets maximum loan charges, and that law is frnaDy interpreted so that the interest or other loan charges collected or to be wed its connection with the Loart 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 (b) any summa already coUwted from Bormwer which exceeded permitted limits will be refluided to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by malting a direct psyr crA to Borrower. If a refund reduces principal. am reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such rdund 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 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 fist class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shalt constitute notice to all Borrowers unloss Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute- notice address by notice to Lender. Borrower shall promptly 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. IMthla: dM-GINE) t000sl.oi rots loaf 15 Fare 3028 1101