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<br />200603823 <br /> <br />acceleration has OCCllITl'd, reinstate as provided in Section II), hy causing the action or proceeding to be <br />dismissed with a !'ulillg lilal, in Lender's judgment, preclude; forfeiture of the Property or other material <br />impairment of Le:l(kT's illterest in the Propeny or rights ulldcr Ihis Security Instrument. The proceeds of <br />any award or clail\! :-01' (i'lnagcs that arc attributable to the illlpairment of Lender's interest in the Property <br />are hereby assignee! :lI1d ::,a!J he paid to Lel1(kr. <br />All MiseelLIIlI'\)lIS ; 'rucI'llds that are nOI applied 10 re:,loration or repair of the Property shall be <br />applied in the order prov Icll'cI for in Section 2. <br />12. Borrower 00t !h'leaserl; Forhearance By Lender Not a Waiver. Extension of the time for <br />payment or lllOdific;ltion of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or ally SIICC,'",H in Interest of Borrower shall not uperate to release the liability of Borrower <br />or any Successors in Interet or Borrower. Lender shall not be ,'equired to commence proceedings against <br />any Successor in Iillcrest of Borrower or to refuse to cxteml time for payment or otherwise modify <br />amortization oC thc sums :;ecured by this Secul'ily Instrumenl by reason of any demand made by the original <br />Borrower or allY Successors in Interest of Borwwer. Any forbe<lrance 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 Interesl of Borrowl:r or in arnounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of ,illY right or remedy. <br />13. Joint and Severnl Liability; Co-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees th,lt B()rr()wer's obligations and liability shall be joint and several. However, any Borrower who <br />eo-signs this Security Insl mlnent but does not execute Ihe Notl: (a "co-signer"): (a) is co-signing this <br />Sel:urity Instrument only to mortgage, grant and convey the co-signcr's interest in the Property under the <br />terms of this Securilv In:,lruillent: (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; ,Illd (c) ;Igrecc's that Lender and ;IllY other Borrower can agree to extend, modify, forbear or <br />make any aceomlllod:ltio::.c; with regard to the terms of this Security Instrument or the Note without the <br />co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations 1I1~der lilis Security Instrument in writint'. and is approved by Lender, shall obtain <br />all of Borrower's rights :Illd benefits under this Security Instrulilent. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing, The covenants ,Illd <Igreements of this Security Instrument shall bind (except as provided in <br />Sectiilll 20) and bl;l1L'I'li Ihl' :.Lll:cessors and ,lss.igns of Lendl'!", <br />14. Loan Clulr~es. Lender may ch,rrge Borrower fees for services performed in connection with <br />Borrower's default, I"or the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrurnent, i nclud i ng, but not I irnited to, attorneys' fees, property inspection and valuation fees. <br />In regard to ,Illy other fees, the absencl: of express authority in this Security Instrument to charge a specific <br />fee to Borrower sha]1 not be construed as a prohibition on the ::harging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Sl:curity Instrument or by Applicabk Law. <br />If the Loan is suhject to a law which sets maximum loan charges, and that law is finally interpreted so <br />th,lt the interest or other lo:m charges collected or to be wllcu('(l in connection with the Loan exceed the <br />permitted limits, Ihelr: (:1) :II1Y such loan charge shall be reducecl by the amount necessary to reduce the <br />charge to the pernlitted lilni:; and (b) any sums alrl:ady colleCll:cI from Borrower which exceeded permitted <br />limits will be rcluwkcl 1(1:10rroWl,T. Lender may choose to lll;lke this refund by reducing the principal <br />owed under lile NI'ie' or by making a dirl'u payment to Borrower. If a refund reduces principal, the <br />reduction wi]] be ITl'atl'c! as a partial prepayment without any prepayment charge (whether or not a <br />prepayment chance is pnl\'lclecl for under the Notl:). Borrowl.T's acceptance of any such refund made by <br />direct payment to BorrOWl,T will constitute ;1 waiver or any rigill of action Borrower might have arising out <br />of such overcllargl:. <br />15. Notices. All nCliices given by Borrower or Lcnder in connection with this Security Instrument <br />must be in writing, AllY nOlice to Borrower in connection witll this Security Instrument shall he deemed to <br />have been gi ven to B01TO\\Cr when Inailed hy first class '11:1 d or when actually delivered 10 Borrower's <br />notice address i I' selll by other means, Nol iCl: lO anyone 13ori'llwer shall constitute notice to all Borrowers <br />unless Applicabk Law :_'\]JiTssly requires otherwise, The notiix address shall bc thl: Property Address <br />unless Borrower has design:lted a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender or [ll)!"!'o\ver'" change or address. I I' Lender SIV'Ci ries a procedure for reporting Borrower's <br />change of ;1(ldl'CS':, tlien 13ll"nJwer shill I on]y rl:port a chan~.e of address through that specified procedure. <br /> <br />0110252081 <br /> <br />G-6INEII040/)01 <br />@ <br /> <br />Pa~Je 10 of 1 5 <br /> <br />I"itial>i~~_ <br /> <br />Form 3028 1/01 <br />