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200703313 acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's jud.gment, precludes forfeiture of the Property or other 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 attributable to the impairment of Lender's interest in the Property are hereby assigned and Bhall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the ord~r provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Ex.tension of the tiIne fOr payment or modification of amortization of the sums secured by this Security Instrumen.t granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any SUCCCS$O(S in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for p.a.yment or oth~rwisc modify amortization of th~ sums secured by this St.>curity Instnullent by reason of any demand made by the original Borrower or any Successors in In[erest of Borrower. Any forbearance by Lender in exercising any right or remedy inCluding, without limitation. Lender's accept;mce of payments from third persons, entities or SUCCC$sors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of Or preclude the ex.ercise of any right or remedy. 13. Joint and Several :Liability; Co"5ignersj SUCCfSSOrs and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint me! several. However, any ElOITower who co-signs this Secu.rity lnstl1lment but does 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; (b) is not personally oblisatee! to pay the BlUn5 secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend.. modify, forbear or make any accommodations with regard to the terms o:f \.bis Security Instrument or the Note without the co-si;:ncr's consent. Subject to the provisions of Section IS, any Successor in Interest of Borrower who assumes Borrower's obligations un4er this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security lnstroment. Borrowc:r shall not be released from Borrower's obllgations and liability under this Security Instrument unless Lender agrees to such release in writing. Tbe covenants and agreements ot" this Security Instrument shall bind (except as provided in Section 20) and benefit the successors md assigns of tender. 14. Loan Charges. Lend.er may charge Borrower fees for services perfonned in connection with Borrower's default, for the purpose of protecting Lender's interest in the Propeny ancl rights under this Security Instrument, including, but Dot limited to, attorneys' fees, propeny inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Inlltrumenr 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 pronibited by this SecllTity Instrument or by Applicable Law. If the Loan is SUbject to a law which sets :maximum loan charges, and that law is finally interpreted so that the interl;!st or other 108n charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any SUch loan chars;~ shall be reduced by the amount necessary to recluce the charge to the permitted limit; and (b) any sums already collected 'from. Borrower which exceeded pem1itted limits will be r(;Jfun4e4 to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct paymen.t to Borrower. If a refund reduces principal, the reduction will be treated ll...'\ a partial prepayment without any prepayment charse (whclher or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund macle by direct payment to Borrower will constitute a waiver of any right of action BOrrOw(lr might have arising out of such overcharge. 15. Notices. AU notices given by Borrower or Lender in connection with thIS Security Instrumc:nt must be in writing. Any notice to Borrower in connection with this Security Instrument sh..."Ili be deemed to have been given to Borrower when mailed by first class mail or when actually deliverl;!d to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law O1\.pressly requires otherwise. The notice address shall be the Property Address unless Borrower has desis;natod a substitute notice address by notice to J,..el1der. Borrower shall promptly notify Lender of Borrower'S change of address- If Lender specifies a procedure for reporting Borrower's choose of ac:lclress, then Borrower shall only repon a change of address through that specifit!c1 procedure. Innla~ ..6INEII00061 p"eul0al16 Form3028 1/01 ~