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200705840 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 judgment, precludes fortcil:ure of the Property or other material impainncnt of Lender's interest in the ProperlY or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impainne:tlt of Lender's interest in the Property are hereby assigner! and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the 'Property shall be applied in the order provided for in Sa.1ion 2. 12. Borrower Not Releasedj Forbearance By Lender Not 9 Waiver. Extension of the time for payment or modification of amortization of the SUIl1li secured by this Security Instnunent granted by Lender to Borrower or any SQ.ccessor in Interest of Borrower shall not openlte to release the liability of Borrower or any Successors in Interest of BorrowCr. Lender shall not be required to commence proccooings against any SUccessor in Interest of Borrower or to refuse to extend 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 SUCCtlssors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, withou.t limitation, Under's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amotmt then due, shaH not be a waiver of Or preclude the exercise of any right or remedy. 13. Joint and Several Liability; COHSigners; Surcf'SSors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations BUd liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signet"): (n) is co-signing this Security Instrument only to mOl1gage. gnmt ;md convey the co-signer's interest in the Property under the tenns of this Security Instnlment; (b) is not personally obligated to pay the sums secured by this Security lnstnIment: and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the tenns of this Security InstruJIll.."t1t at the Note without the co-signer's consent. Subject to ~he provisions or Section 18, any Successor in Jnterest of Borrower who assumes Borrower's obligations under this Security Instrumtlnt in writing. and is approved by Lender, shall obtain all of Borrower's rights ancl benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenant..~ and agreements of this Security Instrument shall bind (except ag provided in Section 20) and bl;lnoCH the successors and assigns of Lender. 1.4. Loan Charges. Len.der may charge Borrower feefl for services performed in connection with aorrower's detiwlt, fat the purpose of protecting Lender's interest in the Property and rights under this SecI.I.tity 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 sluUl not be construed as a prohibition on the charging of such teE;!. Lender IDaY not ch.lu'ge fees that are expressly prohibited by this Security IIl5trument or by Applicable Law. It. the Loan is subject to a law which sets maximum loan charges, aJ1e! that law is fmally interpreted sO that the interest Or other loan chargos collected or to be collected in connection with the Loan exceed the permitted limits, then: (n) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums alrt!ady collected from Harrower 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 rel'4nd reduces principal, the reduction will be treated as a partial prepayment withom any prepayment charge (whether or not a prepayment charge is provided tOr under the Note). 'Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of 6uch overcharge. 15. Notices. All notices givm by Borrower or Lender in connection with this Security Iustmmlilnt must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have belm given to Borrower when mailed by t1rst class mail Ot when actually delivered to Borrower's notice address if sent by other means. Notice to any ont! florrower shan constitute notice to all Borrowers unless Applicable Law expressly require$ otherwise. The notice addre:iS shall be the Property Address unless BOrrower has designate4 a substitute notice address by notice to u:ndcr. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a proce4ure for reporting Borrower's cluInge of address. then Borrower shsll only ropOrt . cluInge of a<l<Jtegs ~ specified procedure. Initj.I~: __6INEIICOOSI Palla 10 or 1~ Form 3028 1/01