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4357692426 RE-RECORDED 200611066 200610518 ruling that, in Lender's judgment, precludes forfeiture of the Propcrty or othcr material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributablc to the impairment of Lender's interest in the Property are hereby assigncd and shall be paid to LendeL All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Scction 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Sccurity Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of BorroweL Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend titue for payment or otherwise modify amortization of the sums secured by this Security Instrumcnt by reason of any demand made by the original Borrower or any Successors in Interest of BorroweL Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third pcrsons, entities or Successors itl Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude thc exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrowcr's obligations and liability shall be joint and scvcral. However, any Borrower who co-signs this Security Instrumcnt but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrumcnt only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrumcnt; and (c) agrees that Lender and any othcr Borrower can agree to extend, modify, forbear or make any accommodations with regard to the ternlS of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumcs Borrower's obligations under this Security Instrument itl writing, and is approved by Lcndcr, shall obtain all of Borrower's rights and benefits under this Security Instrument. Bonower shall not be released from Borrowcr's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Sccurity Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of LendeL 14. Loan Charges. Lender may charge Borrower fees for services performed in cOllllection with Borrower's default, for the purpose of protectillg Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, propeliy inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not bc construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subjcct to a law which sets maximum loan chargcs, and that law is flllally interpreted so that the interest or othcr loan charges collected or to be collected in connection with the Loan exceed 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) any sums already collected from Borrower which exceeded permitted limits will be refunded to BorroweL Lender may choose to make this rcfund by reducitlg the pritlcipal owed under thc Note or by makitlg a direct payment to BorroweL If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waivcr of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security 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 to anyone Borrower shall constitute noticc to all Borrowers unless Applicable Law expressly requires otherwise. The noticc address shall be the Property Address unless Borrower has designated a substitute notice address by noticc to LendeL Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specificd procedure. .-6A(NE) (0407) (!) Page 10 of 15 Initials; '~111 ~ ~ Form 3028 1/01