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<br />200600025 <br /> <br />dismissed wltb.a ruling llul1, in Lender's judguHmt. precludes forfeiture of the Property or other material <br />impahmen1 or Lender's interest in. the Property or rigbts under this Security In.strument. The proceeds of <br />any award or claim for damages that arc attributable to the impainnCl1t of Lender's inLc::rcst io. the Property <br />arc hereby assi~ and ~all be paid LO Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Properry shall be <br />applied in the order provided for in Section 2. <br />12. &lTOwer Not ReJea.\lt4; Jl'orbf:aranc:e lIy Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security lnstrometJt granted by Lender <br />to Borrower or any Succc~~r in Interest of BorrOwer shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall nCl[ be required Lo commence proceedings against <br />any Su<:ccs.~r in InLeresL of Borrower or to refuse to extend time for payment or otherwise modify <br />amonization of the sums secured by this Security In.'ltroment by rea.,..on of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, LendC1"S acceptance of paymCl1Ls 1i'oIn third persons, entiLies or <br />Successors in Interest of Borrower or in aroount.'l Ics..'l than the arnol,lJl1; 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-l.i~ers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However. any BorTOwer who <br />oo-~gn$ this Security In:.1rument 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' 5 interest in the Propeny under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sum.<; sec\1red by this Security <br />1tL.'>trumenL; and (e) agrees that lender aDd any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Imdfinncnt or the Note without the <br />oo.signcr's. OOtJ.'ICllL <br />-Subject to the provisions of Seetiol1 18. M.y Sueccs.'<lor in Interest of Borrower who assumes <br />Borrower's obligation.<; under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and benefits under this SecW"iry II\.<;ttument. Borrower ~;1l1lJOt be released from <br />Borrower's obligmions and liability under this Security Instrument unless Lender agrees to such relca.<:e in <br />writing. The covenant.. and agree.rnentt: of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and a......<ngns of Lender. <br />:14. Loan Charges. Lender may charge Borrower fees for S(.'1'viC(...~ perfonned in connection with <br />Borrower's default. for the purpose of protecting Lender's interest in the Property and rights under this <br />Sec\l.rity Instrument, including, but not limited to, attorneys' fees. propL'11.y in.'lpcclion and valuation fees. <br />In regard to any other fees, the absence of expres:~ authority in this Security Instrument to charge a speciflC <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. Le:o.der 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 chargt;:s, <Wd. that law is finally interpreted so <br />thaL the in~i or other loan charges collected or to be collected in CQMccLion wlLh frle Loan exceed lhe <br />permitted limits, then: (a) any such 10aIl charge shall be reduced by the amount necessary to reduce the <br />chmge to the permitted limit; ;and (b) any sums already collected from Sorrower which exceeded permitted <br />limits will be refunded to Botn)Wf..-T. lender may choose to make this refund by reducing the principal <br />owed Wlder the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />reduction will be treated as a ,partial prepayment without any prepayment charge (whether or not a <br />prepaymenL charge is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiVC1' of any right Of action Borrower might have arising out <br />of s.uc:h oVCl'charge. <br />15. Notices. All notices given by Borrower or LelJder in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security lnstnl1llent shall be deemed to <br />have been given [0 Borrower when mailed by first class mail or when actually delivered to Borrowet'$ <br />notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly rt:quires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated. a substiune notice address by notice to Lender. BorrOWl;!r shall promptly <br />notify Lender of Borrower's change of address.. .If 4>nder specifies a procedure for reponing Borrower's <br />ehange of address. theJ:I. Borrower shall only report a change of addrc.,>s through thaJ: !lpceified proo:dure. <br /> <br />~L~ <br />IOITJllIe:1 iJJ <br /> <br />0512096854 <br /> <br />G.6A(NEII0407J <br />~ <br /> <br />P~.'Oof15 <br /> <br />Form 3028 1101 <br /> <br />nO'd <br /> <br />l081E:8Z91B <br /> <br />31lIl lSHld AlIHfiJ3S <br /> <br />~E::Bl 900Z~91-J3a <br />