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200702312 acceleration has occurred, reinstate as provided in Secdon 19, by causing the act.ion or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impainnent of Lender'li interorrtt in the Property Or tights WIder this Security Instrument. The proceeds of any award or claim for darna~es that are attributable to the hnpainnent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscelll\1leous Proceods that are not applied to restoration or repair of the Property shalt be 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 secured by this Security Instrument granted by Lender to Borrower or any Successor in (nterest of Borrower shall not operate to release the liability of Borrower or any SuccessOrS in Interest of Borrower_Lender shall not be :required to commence proceedings against any SuccesSOr in Interest of Borrower or to refuse to e"-tend time for payment or otherwise modify amortization 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 my right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of narrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any risht or remedy. 13. Joint and Several J..iability; Co-signers; Successors and AssigDS Bound. Borrower COVeJlmts 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 (n "co~signetl'); (a) is co-signing this Security Instrunlent only to mortgage, g.ram and convey the co-signer's interest in the Property under the tenns of this Security Instrumentj (b) is not personally obligated [a pay the sums secured by this Security Instrument: and (c) agrees that Lt.'TIder and any other Borrower can ag;ree to (l~tend. modify, forbear or make any accommodatiOnS with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interesr of Borrower who assumes Borrower's Obligations under this Security Instrument in writing, and is approved by Lender, shall obtain aU of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under thb 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 successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services perfonned in connection with Borrower's default, for the purpose of protecting Lender's interest in tbe Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property 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 be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Selr'Urify InstrUment or by Applicable Law. If the Loan is subject to a law which sets maximum loan Charges. and tha,t law is finally interpreted so that the interest 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 be reduced by the amount neC~5Sary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender JTh:"1Y choose to malce this refund by reducing th~ principal owed under the N me or by making a dirt:Ct payment to Borro',Ver. If a refund rectuces principal, the reduction will be treated as a panial prepayment without any prepayment charge (whether or not II prepayment charge is provided 'for under the Note). Borrower's acceptance of any such rcl'und made by direct payment to Borrower will constimte a waiver of any right of action. Borrower might have arising out of such overcharge, U. Notices. All notices given by Borrower or, Lender in connection with this S(:curity Instrumtmt must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given [0 Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone BOlTower shall constitute notice to all Borrowers unless Applicable Law expressly requireli otlterwise. The notice address shall be the Property Address tUlless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specitles a procedure for reporting Borrower's change of address. Uien Borrower shall only repon a change of address through that specitied procedure. InIIIPI.'cL( .....:J"b ~.6(NEI 100061 Pll~~ to or '5 Form 3028 1/01