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<br />20070947:'4' <br /> <br />acceleration has occutted. rewstate as provided in Section 19, by causing the action or proceeding; to be <br />dismissed with a ruting that, in Lender's judgment, precludes forfeiture of the Property or other materill1 <br />impairment of Lender's interest in the Property or rights under this SecurIty Instrument. The proceeds of <br />any award or claim for damages that are attributable to the impairment 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 restotation or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tUne for <br />payment or modification of Ilmortization of the sums secl.\tCd by tb1J Security Inittum.e:nt grll11ted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />Ot any Successors in.Intercst of Borrower. Lender shall not be required to commence proceedings aa-ainst <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />amortization of the smns secured by this Security Instrument by reason of any demand made by the Original <br />Borrower or any Successors in Inte{est of Borrower, Any forbearance by Lender in exercising any rlaht or <br />remedy including, without limitation, Lender's acceptance of payments from third persona, entitiea or <br />'Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of any riabt or remedy. <br />13. Joint and Several Liability; Co-sigDers; Successors and Auigns Bound. Borrower covenants <br />and asrees that BOIIOwer's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"); (a) ilS co-sianing; this <br />Security Instrument only to mongage, gtl1O.t and convey the co-signer', intetest h1 the Property under the <br />tenns of this St1:urity Instrument; (b) is not personally obligated to pay the 5UJDl1 secured by thllS Security <br />Instrument; and (c) agrees that Len~ and any othet Borrower can agr~ to extend, modify, forbear or <br />make any accommodations wiUl regard to the tem18 of this Security Instrument or the Note without the <br />co-signer's consent. <br />Subject to the provisions of Section 18, any SuccealOt in Interest of Bouower who MSUm.eS <br />Borrower's ob1i~ations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower s rights and benefits under this Security Instrument. Borrower ~a11 not be released fI'jJm <br />Borrower's obligations and liability under this Security InBtrument unless Lender agrees to lluch release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except 8S provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. l.oan Charges. Lender may charge :Borrower fees for services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and fishts under this <br />Security IlUt1'\11nrnt. including, but not limited to, attorneys' tees, property inspection and valuation fees. <br />In reJw to any other fees. the absence of express authority in this Security Instrument to charge a specific <br />fee to Borrower shall not be construed as a prohibition Oft the charging of such fee. Lender may I10t chlU'ge ' <br />feet that are expresSly ~roltibited by this Security InstNment or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally intetpreted so <br />that the interest Or other loan charges collected or to be collected in connection with the Loan exceed the <br />pemtitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />cl1arge to the pennitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the :principal <br />owed under the Note or by making a direct payment to Borrower. If a refund reduces princ1pal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is providecl for under t11e Note), Borrower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of action Borrowex might have arising out <br />of such overcharge. <br />15. Notices. All notices given by BolTOwer or, Lender in connection wIth this Security IMtnunent <br />must be in writing, Any notice to BOll"ower in connectiOn with this Security Instrument shall be deemed to <br />ilave been given to Borrower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other mellIlB, Notice to anyone Borrower shall constitute notice to aU Borrowers <br />unless Applicable Law expressly requires otherwiSe. The notice address shall be the Property Addres8 <br />unless BOrrower has designated a substitute. notice address by notice to Leru1er. Borrowex sb,a11 promptly <br />notify Le11dtlr of Borrowet'l!; change of address. If Lender specifiC!! a procedure for reporting Borrower's <br />change of addre8s, then Borrower shall only report a change of address through that tlpecified procedure. <br /> <br />Injlill~:_~ (? <br />_-6(NEHOOOSl I'~a~ 10 ~f 16 '''.rorm 3028 1101 <br />