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200206065 <br />dismissed with a ruling dial, in Lender's judgment, precludes forfeiture of the Property or other material <br />impairment of Lender's Interest in the Property or rights under this Security Endowment. The proceeds of <br />any award or claim for damages that are attributable to the impairment of Leader's interest in the Properly <br />at hereby assiyed and shall be paid to Lender. <br />All Misce laneuus Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Leader Not a Waiver. factuaion of the time for <br />payment or modification of amorlvalion of the sorns secured by This Security Instrument granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall riot operate In release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not 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 />amortisation of the sums secured by this Security Instrument by realm ciliary demand made by the original <br />Burrower or my Successors 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 to Interest of Borrower or in amounts less than the amount then due, shall not he 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 dial Borrower's obligaBons and liability shall be joint and several. However, any Borrower who <br />co -signs this Serially Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this <br />Security Instrument only to mortgagge. grant and convey the co signer's interest in the Property under the <br />terms of this Security Inslromenq (b) is not personally obligated to pay the sums secured by this Secmily <br />Instrument; and (c) agrees that Lender and my other Borrower can agree to extend, modify, fortleat or <br />make my accommodations with regard to the terms of this Security Instrument or the Note without the <br />tr i &ner's cm I. <br />Subject to the provisions of Section III any Successor in Interest of Borrower who assumes <br />Borrower's chit atlons under this Security luxicu hem in writing, and is approved by Leader. shall obtain <br />all of Borrower s ri ghts and benefits under this Security Instrument. Borrower shall not he released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release In <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided In <br />Section 20) and benefit 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, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but ant limited to, altomeys' fees, pmperiy inspection and vaivattun fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific <br />fee to Borrower shall not be constmed as a prohibition on the charging of such fee. Lender may nod charge <br />fees that are expressly prohibited by ([its Security InsWment or by Applicable Law. <br />If the Loan is .subject to a law which sets maximum loan charges, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be collected In connection with the Loan exceed the <br />permitted limits. then: (a) my such lean charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (bl any sums already collected from Borrower which exceeded permitted <br />limits will he refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payment to Borrower. If a reund reduces principal, the <br />reduction will be treated as a patlial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct payment to Burrower will wnstitum a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connttdon with this Security instmment <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 first class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice in any one Borrower shall common, notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Borrnwer'.s change of address. If Lender specifies a procedure for reporting Borrower's <br />change of address, then Borrower shall only report a change of address through that specified procedure. <br />.Z��// r. <br />®6BiNE)Imos) r.y. eo orris Forrc3028 1101 <br />