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<br />---I <br /> <br />200708697 <br /> <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed with 8 nilio.g that, in Lender's judgment, precludes forfeiture of the Property or other material <br />impairment of Lender's interest in the Property or rights under this Security Instnunent. The proceeds of <br />any award or claim for damages that are attributable to the impab::ment of Lender's interest in the 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 PIoperty shall be <br />applied in the order provided for in Section 2. <br />U. Borrower Not Released; Forbearaoce By Lender Not a WaIver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any SuccesSOI in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in. Interest of Boxrower. Lender shall not be required to CODIIIl6tlCe proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />amortization of the sums seemed by this Security Instrument by reason of any ljemAniI made by the original <br />Borrower or any SUccessors in Int.eJest of Borrower. Any forbeaJ:anco by Lender in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments from third persons, en1i.ties or <br />SUccessors in. lnteJest of Bonower or in amounts leSll dum the IlIIlOUJlt then due, sball not be a waiver of or <br />preclude the exercise of any right or remedy . <br />13. Jomt and Several Llabtuty; Ccrsigners; Successors and Assigns Bound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Bonower who <br />eo-signs this Security Instrument. but does not execute the Note (a "eo-signer"): (a) is co-signing this <br />Security Inst:n.mwnt only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not pcrsOJl8lly obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Leoder and any other Bonower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Secwity Instrument or the Note without the <br />co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Bonower who assumes <br />Borrower's obligations under this Security h1atroment in writing, and is approved by LCIJder, shall obtain <br />all of Borrower's rights and benefits under this Security Instro.men.t. Borrower shall not be released from. <br />Borrower's obligations and liability under this Security Instr1lJDeDt unless Lender agxees to such Ielease in <br />writing. The covenants and agreements of this Security Instmment sball bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower :fees for services perfonned in connection with <br />Bonower'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, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific <br />fee to Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instmmcnt or by Applicable Law. <br />H the Loan is subject to a law which sets maxinnnn loan charges, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />permitted limits, then: <a) any such loan charge shall be :reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Bonower which exceeded permitted <br />limits will be refunded to Bonower. Lender may choose to mab this refund by reducing the principal <br />owed under the Note or by making a direct payment to Bonower. If a refuDd :reduces principal, 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 of any such refund:made by <br />direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />JIlUSt be in writing. Any notice to Bonnwer in connection with this Security Instrument shall be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other:meaDS. Notice to anyone Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be tho Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Baaower sball promptly <br />notify Lender of Borrower's change of adtb:ess. If Lender specifics a:~ :r Jcpo;rting Bonower's <br />_ of _. lhm Bam>wcr man ooIy """". _ of ~~IIat, r prooedoIe. <br /> <br /> <br />_-6INE) (0006) P_ 10 af 16 V Form 3028 1/01 <br />