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200700328 Borrower can curt: such a ddault and, if acceleration has occurrt:d, reinstate as provided in Section 19, hy causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's intert:st in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributahle to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall he applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums St:curt:d by this Security Instrument granted by Lt:nder to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Succt:ssors in Intcrest of Borrower. Lender shall not he required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured hy this Security Instrument by rcason 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, I,ender's acceptance of payments from third persons. t:ntities or Successors in Interest of Borrower or in amounts less than the amount then dut:. 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 agrt:es that Borrower's obligations and liahility shall be joint and several. However, any Borrower who co-signs this Security Instrumt:nt but docs not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (h) is not personally obligakd to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to t:xtend. modify, forhear or make any accommodations with regard to the terms of this Security Instrumt:nt or the Note without the co-signcr's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender. shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not he released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements ofthis Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fces for services performed in connection with Borrower's ddault, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument. including, but not limited to. attorneys' fees, property inspection and valuation fees. In regard to any othcr fees, tht: absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on thc charging of such fee. Lendcr may not charge fees that are expressly prohibited by this Sccurity Instrument or by Applicahle Law. If the Loan is subject to a law which sds maximum loan charges, and that law is finally interpreted so that the intt:rt:st or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall he reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums alrt:ady collected from Borrower which exceeded permitted limits 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 a prepayment charge is providcd for under the Note). Borrower's acceptance of any such refund madt: by direct payment to Borrower will constitutc a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrowt:r or Lt:nder in connection with this Security Instrument must he in writing. Any notice to Rom)wt:r in connt:ction with this Security Instrument shall he 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 notice to all Borrowt:rs unkss Applicable Law expressly requires otherwise. The notice address shall he the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lt:ndt:r specifies a procedure for reporting Borrower's change of address, tht:n Rorrower shall only report a change of address through that specified procedure. Initials '-:u " c... ~ _ -6A(NE) (0407101 lID ODS-NET Page 10 of 15 Form 3028 1/01