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200214022 accelcmtion has ace led. reinstate as provided in Section 19, by causing the action or proceeding to he dismissed with a ruling that. in Lender's judgment, prwl title , IorIcInim of the Property of other material impainnuLL of Undei S interest in the Propery 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 Propern are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that 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; Porbearance By Lender Not a Waiver. Pxlmnllofl of the tine for payment or nmdification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall nut operate to mIcasc the liability of Borrower or any Suc;c,sors'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 amortisation 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. Lender's acceptance of payments from third persona, entities or .Sucxssocs in juiciest 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 Liability; Co- 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 not execute the Note (a "co signer'): (a) is co- signing this Security Instrument only to mortgage, grant and convey the CO- signer', inmmst in the Property under the corns of this Security Instrument (b) is not personally obligated to pay the sums secured by this Security Instrument and (c) agreca that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Invrument or the Note without the cn-,igncr's woscnt. Subject to the provisions of Section IS, any Successor in Intcnod of Borrower who assumes Bornwer's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and bandits 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 succe,aors and aligns of Leader. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, hilt not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other tees, the absence of express authority in this Security Instrument to charge a speeiGc fee m Borrower Shall not be construed as a prohibition on the charging of such tee. Lender may not charge fees that are expressly prohibited by this Security Instrument or try Applicable Law. If the Loan is suhject to a law which 3e1, maximum loan charges, and that law is finally intetpreted so that the interest or other loan charges collected or to be collected in connection with the Loan cawed 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) cry sums already colleemd from Borrower which exceeded permitted limit, will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not if prepayment charge is provided for under the Note). Borrower's acceptance of any such refund 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 notice, given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Scantily Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice In any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. 'I he notice address shall be the Property Address unless Borrower has designated it substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure lot reporting Borrower's change of address, dnun Borrowm shall only report a change of address through that specified procedure. intais.( r1 c/ 61NE1 r7oc5ln I P e, 10 of 15 Form 3028 1/01