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200709078 dismissed with a ruling that, in Lender's judgmelll, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds 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 Ule Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of anlOrtization of the sums secured by this Security Instrument granted by Lender to 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 conunence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of Ule smns secured by this Security Instrument by reason of any demand made 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 paymellls from third persons, entities or Successors in Interest of Borrower or in 31nOwtts less Ul311 the 3ll1ount then due, shall not be a waiver of or preclude the exercise of 311Y right or remedy. 13. Joint and Seveml Liability; Co-signers; Successors and Assigns Bound. Borrower coven311ts and agrees that Borrower's obligations and liability shall be joint 31ld several. However, 311y Borrower who co-signs this Security Instrmnent but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in Ule Property under the terms of this Security Instnunent; (b) is not personally obligated to pay Ule swns secured by this Security Instrwnent; and (c) agrees Utat Lender 31ld 31lY oUler Borrower can agree to extend, modify, forbear or make 311y accommodations WiUl regard to the terms of this Security Instrument or the Note WiUlout Ule co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who asswnes Borrower's obligations under this Security Instrument in writing, 31ld is approved by Lender, shall obtain all of Borrower's rights and benefits wtder this Security lnstrwnent Borrower shall not be released from Borrower's obligations 31ld liability WIder this Security Instrwnent unless Lender agrces to such release i.n writing. The covenants 311d agreements of Ulis Secw-ity Instmment 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 cOlUlection with Borrower's default, for the purpose of protecting Lender's interest in the Property 31ld rights WIder tIlis Security InSlrwnent, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any otller fees, the absence of express authority in tIlis Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees tIlat are expressly prohibited by this Security Instrument or by Applicable Law. If tlle Loan is subject to a law which sets maximwn 10311 charges, 31ld Ulat law is finally interpreted so tIlat the interest or oUler loan charges collected or to be collected in cOlUlection WiUl Ule Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by tlle atnOwlt necesSaI}' to reduce the charge to the permi.tted limit; and (b) 311Y sums already collected from Borrower which exceeded permilled limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed wtder the Note or by making a direct payment to Borrower. If a ref wId reduces principal, tile reduction will be treated as a partial prepayment WitIlOut any prepayment charge (whether or not a prepayment charge is provided for under tile Note). Borrower's accept311ce of any such refund made by direct payment to Borrower will constitute a waiver of 311Y right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection Witil this Securit), Instrwnent must be in writing. Any notice to Borrower in connection with Ulis Security Instmment 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 me31lS. Notice to anyone Borrower shall constitute notice to all Borrowers wtless Applicable Law expressly requires oUlerwise. The notice address shall be the Property Address wtless 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 procedme for reporting Borrower's change of address, then Borrower shall only report a ch311ge of address tllfOUgh that specified procedme. 8800278337 5L Inj\i"S:'~' 8800278337 .-BA(NE) (0407).01 (!) P.g.l0 0115 Form 3028 1/01