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<br />20071014€f <br /> <br />accelerarion has occurred, reinstate as provided in Section 19. by causing the action or proC&";ding to be <br />dismissed with a wling mat, in Lender's judgment, precludes fotfeirure of the Prop<":rty or other material <br />iJ.npainnenr of Lender's interesr in the Property or rights under this Secutlty Instrument_ The proceeds of <br />any award or claim for damages that are attrjbutable to the impainnent of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous rroceeds that are not applied to re.storation or repair of the Property shall be. <br />applied. in the order provided for in Section 2. <br />12. 'Borrower Not Released; ForbearauC!f': By Lender Not it Waiver. ExtensiOn of the time for <br />payment or wodificaUon of amortizatioo ot The sums secured by th:i$ Security Instrument granted by Lender <br />to Borrower or any Successor in Interest of :Borrower shall not Q~erate to release the lia.bility of Borro,:"er <br />or any SuccessorS in lnterest of Borrower. Lender shall not oe ~quired to connne:uce proceedings agamSt <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise lllOdify <br />amortization of the sums secured by this Security Instroment by reason of any demand made by the original <br />BOITower or any Successors in IntereSt of 'Borrower. Any forbearance by Lender in exercising any right or <br />remedy inc:ludjng, without lim.ita.tion. Lender's acceptance of payments from third persons. entities or <br />Successors in Intere5t of Borrower or in amounts less than the amount then due. shall not be ll- waiver of or <br />preclude the exercise of any rigbt or remedy. <br />13. Joint and Several Liability; Co--signers; Successon; and Assigns Bound. Borrower covenants <br />and agrees that Borrower's obligarions and liability shall be joint and several. However. any Borrower who <br />co-signs this Security Instrument but does nO! execute the Note (a "co-signer"): (a) i5 co.s-iE;tJ.~g this <br />Security Inst.rument only to WOrtgage, grant and convey the co~signer's interest iu the 'Property tmder the <br />tenns of this Security Instrument; (1:1) is 110t personally obligated. to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any. other Borrower can agree to extend, modify, forbear Or <br />make any accommodations with regard to the teIlIlS of tb.~$ S~curity Instrument or tbe Note willout the <br />co~si~ner's consent. <br />Subject to the provisions of Sectioo 18, atJ.y Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security lnstlUme:nt in writing, and. is approved by Lender, shall obtain <br />all of Borrower's rights <wd ol!nefits under this Security losuu:menr. Borrower shall not be released from <br />Borrower's obligatiOXJ.S and liability under this Security InStrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security InStI'ulne1lt shall bind (except as pJ;ovided in <br />Section 20) and benefit the $uccessors and assigns of Lender- <br />14. Loan CbNge$. Lender may char,s:e Borrower iees for services performed iu connection wirh <br />Borrower's default, for the purpose of protectin~ Lender's ioterest in the Property and rightS under this <br />Security InstnlIJJ,t':))t, including, but not limited. to, attorneys' fees, property inspection an.d valuation fees. <br />In regard to any other fees. the absence of express authority jn this Securhy Instrument to charge a specific <br />fee to BOno-wer- shall not be construed ~ a probibition on me charging of sucb fee. Lender may not charge <br />fees that are expressly prohibited by this Security lnst~t or by Applicable Law. <br />If the Loan :is SUbject to a law which setS max:imu:m loan charges, and that law is fmally interpreted so <br />thaI the interest or other 10m c:l;targes collected or to be collected :in cOIll'lection with the Loan exceed the <br />pennitted limits, then: (a) any sucb loan charge shall be reduced by the at.l'10utl.t necessary to reduce the <br />charge to t;be pennirted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />litcir$ will be refunded to Borrl'lwer. :Lender may choose to make this rdund by reducing the principal <br />owed under the Note Ot by making a direct paymenr to Borrower. If a refund red'iices principal, the <br />reduction win be treated as a panial prepayment without any pr~a'Y:metJ.t charge (whether or nOt a <br />prepayment charge i$ pl'Ovided 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 BOrrOWe1 might have arising out <br />of sucb overcharge. <br />, 15. Notkes-. All notices given by Borrower or tender ill connection with this Security Instrument <br />must be in writing. Any notice to :Borrower in connection with this Security Instnnnent shall be deemed to <br />have been given to Eottower -.vhen mailed by first clll$$ mail or when actually deli'l/ered to Borrower's <br />notice address if sent by other means. Notice to anyone Borrower shall constimte notice to all BOrrOwe,(S <br />unless Applicable Law expressly requires otherwise. 1M notice address shall be the ProperlY Address <br />unless Borrower has designated a subsritute notice address by notice to tender. Borrower shall promptly <br />notify Lender of Borrower'S change of address. If Lender specifies a procedure for reporting Borrower's <br />c:h,ange of address, then Borrower shall only repon a change of address through that specified pmcedure- <br /> <br />InitialS! // <br /> <br />G-GINE) (0005) <br />~ <br /> <br />~"lIQ 10 gf 15 <br /> <br /><:) V <br /> <br />Form 3028 1/01 <br />