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200305727 dismissed with a rcling that. in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's iuterest in the Property or rights under this Security Instrument. The proceeds of any south or claim for daunues that are attrihutublc to the impairment of Lender's interest in the Property arc heola, assigned and shall be pots to Lcndcr. All Misccll:mmus Pntaeede Ihat are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2_ 12. Borrower Not Released; Forbearvnec By Leader Not a Waiver. Extension of the time for payntent or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Sn.cos... in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Inerest of Borrower_ Lender shall not be required to commence proceedings against any Successcr in Interest ..f Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums sa:ured by this Security Instrument by reason of any demand made by the original Borrower nr any S,u...wrs In Interest of Mrower. Any forbearance by Lender in exercising any right or remedy including, orhout liniitalior,, Lender's acceptance of payments from third persons, entities or Success.... iu hacrest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any ri_ht or remedy. 13. Joint and Several Liability; Co- signers, Successors and Assigns Bound. Borrower covenants and agrees that Borrowers obligations and liability shall bejoint mid several. However, any Borrower who c.. -sigtu this Security Instrument but does not execute the Note (a "co- signer"): (a) is co-signing this Security InStrument only to navtgagc, grant and convey the co- signer's interest in the Property under the terms of this Security InstiumenC (h) is not personally obligated tll pay the suns secured by this Security Instrumcut: and Of ugrcc- that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodaEons with regard to the Icons of this Security Instrument or the Note without the co-signer's conseu. Subject to the provisions of Section 18, airy Successor in Interest of Borrower who assumes Rorr..wcr's obligatons under this Security Instrument in writing, and is approved by Larder, shall obtain all of Borrower's rights and hencfts under this Security Instrument. Borrower shall not be released from Borrower's obl,muons and Lability under this Secw'ily Instrument unless Lender agrees to such release in wrifinn, l h. .... ..nit, and uareements of this Securing Instrument shall bind (except as provided in Section 20) and benefit the s... sna and assigns of Lcuder. 14. Loan Charges. I ender may chwgc Borrower fns for services performed in connection with Borrower's deidelt. for the purpose of protecting Lender's interest in the Property mid rights under this Security Ins'trumcnt, including, but not limited to, attorneys' tees, property inspection and valuation fees. In regard to any other fees, the absence ofexac,,; authority in this Security Instrument to charge a specific fee to Borroacr shall got he construed as a prohibition on the charging of such fee. Lender may not charge tees that are expmssh prohiblmd by this Security Instrument ce by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, mid that law is finally interpreted so that the interest or other Ion chaises collected or to be collected in connection with the Loan exceed the permitted limits, then: (:p env such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted Iiin1L and (b) any sums already collected from Borrower which exceeded permitted limits will he refunded to BOei eer, fender may choose to make this refund by reducing the principal owed under due Not, or by making a hired payment to Borrower. If a refund reduces principal, the reduction will be treated ns a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided Ibr under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower tai I I constitute a waiver of env right of action Borrower might have wising out of such uvcrchtuuc. 15. Notices. All nrn ices nivcn h, Barrowcr er Lender in connection with this Security Instrument must be in wiling. Ana notice to Borrower in connection with this Security Instrument shall be deemed to have been given m Rurratccr tncan united by First class mail of 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 Appliaublc Lao asptessN requires otherwise. 'fhe notice address shall be the Property Address unless Borrower h,s dceign.md a substitute uoticc address by notice to Lender. Borrower shall promptly notify Lender of Borrotrcr's change ofaddros. It Lender specifies a procedure for reporting Borrower's churn, of address. then '3o, iot.cr shall only report a change of address through that specified procedure. 03 -02- 000094 - 6AINEI ;ovmut aw, o o. is Form 0028 1101