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200708844 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's intercst in the Property or rights under this Security Instrument. The proceeds of nny nward or claim for damages that are attributable to the impairment of Lender's interest in the Propcrty arc 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, BOI'I'Ower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operale to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify lImortization of lhe sums secured by this Security Instrument by reason of any demand made by the original Borrower Or any Successors in Inlerest 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 0 woiver of or preclude the exercise of any right or remedy. 13, Joint and Several Llubility; Co-signers; Successo,'s and Assigns Bound. Borrower covenonts and agrees that Borrower's obligotions and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signor"): (a) is co-signing this SecurilY Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Sceurity Instrument; (b) is not personally obligated to pay the SumS secured by this Security Instrument; and (c) ogrees that Lender and any other Borrower can agree to extend, modify, forbeor or make any accommodations with regard to the terlll8 of this Security Instrument or the Note without the co-signer's consent. Subjcct to the provisions of Section 18, any Suecessor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtoin all of Borrower's rights and benefits under this Security Instrument. Borrower sbaU not be released from Borrowcr's obligations and liability under this Security Instrument unless Lender agrees to such roleose in writing. The covenants and agreements of this Security Instrument shall bind (ex<''CPl as provided in Section 20) and benctit the successors and assigns of Lender. 14, Loun 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 Securily Instrument, including, but not limited to, attorneys' fees, property inspection and voIuotion fees. In regard to nny 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 chorging of such fee. Lender may nol charge fees thot lire expressly prohibited by this Security Instrument or by Applicable Law, If the Loan is subject to n law which sets maximum loan charges, and that low is finally interpreted so that the interest or other loan charges collected or to be coUected in connection with the Loan exceed the permined limits, then: (8) any such loan charge shall be reduced by lhe amount necessary to reduce the charge to the permitted limit; and (b) any sums olready collected from Dorrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to moke this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund red\;ces principal, the reduction will be treated os a partial prepayment without any prepayment charge (whether or not u prepayment charge is provided for under the Note). Borrower's acceptance of any sud refund mode by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of sueh overcharge. 15, Notices. All notices given by Borrower or Lender in connection with this Security Instruluent must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when moiled by first class mail or when actuolly delivered to Borrower's notice oddress if sent by other means. NOlice to anyone Borrower shall 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 Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. ~-6AINE) 10""".01 P.!i\I. 10 o.f 1& In",~.h Ferm 30ze 1/01