200708699 - Laserfiche WebLink

Browse

200708699 ' acceleration has occtmed, :reinstate as provided in Section 19, by causing the action or pxoceeding to be dismissed with a ruling that, in Len.der's judgment, ptecludes forfcituIe of the Property or other material impairment of Lender's inteIest in the Property or rights under this Security Instrument. The proceeds of any award or clabn 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 be applied in the order provided for in Section 2. 12. BOlTOWel' Not Released; Forbearance By Lender Not a WaiVei'. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Bonower or any SUccessor in Jnterest of Bonower sball not ~te to "lell88 the liability of Borrower or any Successors in Interest of Borrower. Lender sba11 not be requimd to commence proc-tmgfl 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 teaSOD. of any demand made by the original Bonower or any Successors in Interest of BorroWer. Any forbearanl;:e by Lender in exercising any right or ren:u;dy 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 pteclude the exercise of any right or remedy. 13. Joint and Several LiabiUty; C0-51gners; Successors and Assigns Bound. Borrower covenants and agrees that Bonower's obligations and liability shall be joint and several. However, any Borrower who co-sigos this Security InstruDlOD.t but does not execute the Note (a .co..signer.): (a) is co-signing this Security Instrument only to mortgage, grant and convey !he CD-signcr's interest in the Property under the terms of this Security 1nstnJ;ment; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lcmd8r and any other Borrower can agree to extend. modify, foIbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-sigDl;r's consont. Subject to the provisions of Section 18, allY Successor in :rnwest of Borrower who assumes Borrower's obligations UDder this Secm:ity lnstrnm1mt in writing, and is approved by Lender, shall obtain aU of Borrower's rights and benefits under this Security Inst:rmnenl. Bonower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instromlmt shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security lnst:rument, 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 shall not be construed as a prohibition on the charging of such fee. Lender Ibay not charge fees that are expressly ~hibited by this Security lnsuument or by Applicable Law. If the Loan is subjeCt to a law whic.h sets maximum loan charges, and that law is fmally imerpreted so that the interest or other 101m charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any sucl1loan cbarge shall be reduced by the amount MCeSSllIY to reduce the charge to the permitted limit; and (b) 8DY sums already collected from Borrower which exceeded permitted limits will be refuuded 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 refund. reduces pxincipal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for 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 llllch overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instn:UDent most be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 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. NolU:e to any one Borrower sball constitute notice to all Borrowers unless Applicable Law expressly :requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If L.ender specifies a procedlD:e for reporting Bonower's . change of address, then Borrower shall only report a change of address tlgh that.8pCC)9cd procedure. . lrilll~.L_~_ "'-GINE) lOOOllI P_l0of1& . Form 3028 1/01 ~~_..............i,_~~_