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200210141 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material <br />impairment of Londtt'a interest in die Property or rights tinder this Security Inst wront. The proceeds of <br />any award or claim for damages that are attributable m the impairment of Lxidcr's interest in die Property <br />am hereby assigned and shall be paid to Lender. <br />All Miscellaturous Proceeds that are not applied to restoration or repair of the Properly shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the swats secured by this Security Instrument granted by Lander <br />to Borrower or any Successor in lalerest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required ro 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 any Successors in Interest of Borrower. Any lorbcar ac 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 will, <br />co-signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this <br />Security Instrument only to mortgage, grant and convey the co- signer's interest in the Properly under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Leader and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without the <br />co- signer's consent. <br />Subjcet to the provisions of Section 18, any 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 fights and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Under 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 ill connection with <br />Borrower's default, for the purpose of protecting banter's interest in the Property and rights under this <br />Security Instrumeu4 including, but not limited to, attorneys' fees, property inspection and valuation itv:.s_ <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 construed as a prohibition on the charging of such fec. [.ender may not charge <br />fees that are expressly prohibited by this Security Instrument 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 die Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit: and (b) any sums already collected from Borrower which excecxtcd permnbd <br />limits will bar refunded to Borrower. Lender may choose to make this refand by reducing die principal <br />owed wider the Note or by making a direct payment to Borrower. 11' a refund reduces principal, the <br />reduction will be treated as a partial 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 Borrower will constitute a waiver of any right of action Borrower night have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Insuunneat 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 to any one Borrower shall constitute 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 Under. Borrower shall promptly <br />notify Lender of Borrower's change of address. If Lender specifics a procedure for reporting Borrower's <br />change of address, then Borrower sliall only report a change of address through that specified procedure. <br />91 'd 913Sd 9139 Z06 'ON XdH 01W 3WOH 00H S713M Wd Ob 90 f1H1 M-61-ES <br />®BtNE)l000se <br />vor�aa ens <br />(� <br />/f /� <br />Form 3028 <br />1101 <br />91 'd 913Sd 9139 Z06 'ON XdH 01W 3WOH 00H S713M Wd Ob 90 f1H1 M-61-ES <br />