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200707443 disrllissed with iI ruliug that, in Lender's judgment, precludes forfeitllle of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instnunenl. ]'he procel'ds of any award or claim for damages that are attributable 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 lw applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tirne for payment or modification of amortization of the sums secured by this Security Instrlllnent granted by I.ender 10 Borrower or any Successor in Interest 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 proCl~edings against any Successor in Interest of Borrower or to refuse to exteud time for payment or otherwise nlOdily ,nllortization of the sums secured by this Security Instrument by reason of any demaud Inade by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons. entities or Successors in Interest of Borrower or in amounts less than the amount then due, 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. BorrO\Vl'r rov('n,.lIl1s and agrees that Borrower's obligations and liability shall be joint and several. I lowever. any Borrower who co signs Ihis Security Instrument bul does not execule the Noll' (a "co.signer"): (a) is co signing this Security Instrument only to mortgage. grant and convey the co-signer's inleresl in (he Property nnckr the terms of this Security Instrument; (b) is not personally obligated (() pay the sums secured by Ihis Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any acconllnodations with regard to the terms of this Security Instrument or the Note without the co-signer' s cons(~nt. Subject to tbe provisions of Section ] 8, any Successor in Interest of Borrower who assllmes Borrower's obligations under tbis Security Instnnnent in writing, and is approved by I.ender. shallobt,lin ,dl of Borrower's rights and benefits uncleI' this Security Instrument. Borrower shall not be released from Borro,^cr's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provi(kd in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in comwction with Borrower's default, for the purpose of protecting Lender's interest in the Property and rigbts under this Security Instrument, including, but not limited to, allorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specil1c fee to Borrower shall not be construed as a prohibition on the charging of such fee. LelHkr may nol charge fees Ihal ;lr(' expressly probibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpretl'd so th,11 Ihe interest or other loan charges collected 01' to be collected in connection with the Loan exceed Ihe permilled liInits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (b) any sums already collected from Borrower which exceeded permillcd limits will be refunded to Borrower. Lender may choose to make this refund by reducing Ill(' principal owed un(Jpr the Note or by making a direct paymenl to Borrower. If a rd'und reduces principal, Ihe rn!nc!ion will be lreated as a partial pn~paynJent without any prepayment charge (whelher or nol a prepayment charge is provided for under the Note). Borrower's acceptance of any such rd'und made by direct p;t'yIlI(~nl to Borrower will constitute a waiver of any righl of action BOITower mighl have arising oul uf such IIv('I'charge. 15. Notices. All notices given by Borrower or Lender in connection with Ihis Security Instl'llllWlll must be in writing. Any notice to Borrower in connection wHh this Security Instrument shall he deerlled tll 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 constitnte notice 10 all Borrowers unless ^pplicable Law expressly requires otherwise. The notice address shall he the Property ^ddress unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promplly notify Lender of Borrower's change of address. If Lender specifies a procedure for reportiug Borrow\'!" s chanw' of' address, then Borrower shall only report a change of address through that specified procedlll'c. 002004634292 . -6A(NE) (040/).01 (.) Pi'lQO 10 of 1:5 h,;t;.,s:~:::...L Form 3028 1/01 CittMolIg:tgt. 3.2.11.(),j V'I