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<br />200706105 <br /> <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action, or proceeding to he <br />dismissed with a ruling that" in Lender's judgment,precludesforfeiture of the. Property or other material <br />impairment of Lender's interest in the Property or.rightsunder this Security Instrument. The proceeds of <br />any award or claim for damages that are attributable to the impairment of Lender' smterest iilthe Property <br />are hereby assigned and shall be paid to Lender. <br />, All Miscellaneous Proceeds that are not applied to restoration or repair of the Propenyshallbe <br />applied in the order provided for in Section 2. " " <br />12. Borrower Not Released; FOrbearance By Lender Not a Waiver; Extension of the time for <br />payment or modification ofa:n1ortization of the, sums secured by this Security Instrument gril.rited by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower . Lendershall not be requiredtocommertceproceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for paymentolotherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the original <br />Borrower or any ,Successors in Interest of Borrower. Any forbearance by Lender in exercising "any right or <br />remedyinc1uding, without limitation, Lender's acceptance of payments from thirdpei'so1:ts, entities or <br />Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co..sigilers; Successors and. AssigrisBound.BoITower' covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) isco~signing this <br />Security Instrument olily to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is notpersortally obligated to pay the sums secured by this, Security <br />Instrument; and (c) agrees that Lender and any othetBorrower can agteeto extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without the <br />co-signei"s consent. , , " ,,', , ',' ' <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower' sobligations under this Security Instrument in writing, and is ',approved by Lender, shall', obtain <br />all of Borrower' srights and benefits under this, Security Instrument., Bortowershall not be released from <br />Borrower's obligations and liability under this Security InstrurnentUi1less Lender agrees to such release in <br />writing. The covenants and agreements of this .Security Instrument Shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. " <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, ptopertyinspectionandvaluation fees. <br />In regard toauy, other fees, the absence of express authority' in this Secutity Instrument, to charge a specific <br />fee to Borrower shall ilOt be construed as a prohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instrument or, by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges,andthat law is finally interpreted so <br />, that'theinterest or other loan charges collected ,or to be collected in connection with the Loan ,exceed the <br />permitted limits, then: (a) any such loanchatge shall be teducedby the amount-necessary to reduce the <br />charge to the permitted limit; 'and (b), any swnsalready collected from80rrower wnichexceededpermitted <br />limits' will be refunded to, ' Borrower. Lender may' chOose to make' this tefundby reducing' the principal <br />owed under the Note 'or by making a direct payment to Borrower-If a refund teducesprincipal, the <br />reduction will be treated as a partial ,prepayment without any prepayment charge (whether or not a <br />prepayment Charge is provided for under', the Note).' Borrower's, acceptance, Many". such refund made by <br />direct payment to BotrOwerwill constitute a waiver of any right of action Borrowerinighthave arising out <br />of such overcharge. ' ,', ' <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in Writing. Any notice to Borrower in connection with this Security Instrumeiltshallbe deemed to <br />have been given to Borrower when Diailed by Trrst class mail or wbenactuallydelivered to IJorrower' s <br />notice address if sent by other meails. Notice to anyone, Borrower shall-constitute notice to lill Borrowers <br />unless' Applicable Law,,' expressly, requires otherwise." The' notice address ,sball'bethe'Property Address <br />unless Borrowerhasdesigilated a substitute notice address by notice, to Lender- Borrower" shall promptly <br />notify' Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower 's <br />charige of address, then Borrower shall, only report a change of addressthtoligh that specified procedure. <br />, ' <br />'fJ. N1 011026944i <br />If\ltI818~ I. \ <br /> <br />.-6(I\IEI (04071.02 <br />l>> <br /> <br />Pogo 10 of 1S <br /> <br />Form 3029 1/01 <br />