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<br />200800270 <br /> <br />, . <br /> <br />acceleranon has occurred, reinstate.as provided ID.' Section 19, by ca1,L$~g the action or proceeding: to be <br />dimJi$se<l with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material <br />impairment of Lender's intereSt in the Property or rights under this SttUrity Instrument. The proceeds of <br />any awstd or claim for damages that are attributable to the impainnenr 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 restOration or repair of the Property shall be <br />applied in the order provided for in SectiOD 2. <br />lZ. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Secu.ritr InstIwne;nt granted by Lend.er <br />to Borrower or any Successor in Interest of Borrower shall not operat!!: to release the liability of BOlTOVler <br />OJ;' My Successors in Interest of Bdrrower. Lender shall not be'required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />amonization of th~ sums secure<l by tbj.$ Securi1Y Instrument by reason of any d~d made by the origUtal. <br />Borrower or any Successors in Interest of Borrower, Any forbearance by Lender in exercising any right OJ;' <br />remedy including, without limitation, Lender's acceptanee of paymen~ from third persons, entities or <br />Successors in Interest of Borrower or in amo\mts less than the amount then due. shall not be a waiver of or <br />preclude the exercise of MY right or remedy- <br />13. Jomt and Several )'.,lability; Co-signer5; Suc:ces.50rs and Assigns :Bound. Borrower CQVeJW1ts <br />and agrees that BorroweJ;'s o\')Iigations ane liability shall be joint and several. However, any aon'Ower who <br />C<Higns this Security Instrw::O.ent but does not execute the Note (a "t;Q-$AgnerP): (a) is C<rslgnWg this <br />Security Instrument only 10 mortgage. grant and convey the ro-signer's interest in the Propeny under the <br />terms of this Security lnSt1'ument; (b) is not personally obligated to pay me sums secured by this Security <br />Instrument; iW.Q. (c) agrees that Lend.!1' antl any other Borrower can agree to extend, .modify, forbear or <br />make any accommodations with regaJ;d. to the terms of this Security InstnUIlent or th~ Note without the <br />co-signer's consent. . <br />Subject to the provisioDll of Section 18, any Successor i11. Interest of Borrower who asS\lIIleS <br />Bmrower's obligations under this Security Instrument in writing, and is approved by Lender, shallObrain <br />all of Borrower's rightS and bene.fitS under this Security InstrUlnf:nt. Borrower sMll not be released from <br />Borrower's obligations and liability under this Security lnstrument unless Lender agrees. to such relwe in' <br />writIDg. The covenants and. Jgteements of this Security lnstnunent shall bind (except as provided in <br />Secti0l120) and benefit the successors and assigns of Lender. <br />14. Loan Charges. l.tnder may charge Borrower fees Jar services performed in connection with <br />Borrower's default, for the pwpose of protecting Lender's interest in the Property and rights und.er tb~s <br />Security Instrument, including, but not limit~ to, attomeys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express mthority in this Security In!tt'Wnent to charge a. ~flc <br />fee to :Borrower shall not be COD.$ttUed as a prohibition on the charging of such fee. Lender may not charge <br />, fees that are expressly I?rohibited. Oy ibis Security Instrument oX' trY Applicable La,w. <br />If the Loan is'subJect to a law which sets nwtimwn loan charges, and that law is fmally inteIpreted so <br />that Ute interest or other loan charges collected or to be collected in connection with the. Loan exceed the <br />pmn\ttm limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the pennitted limit; and (b) any sums already collected frOrt'J. Borrower which exceeded permitted <br />limiU! wjl~ be refunded to Borrow&'. Lender may.choose to make this refund py reducing the principal <br />owed under the Note or by making a d.irec:t payment to Borrower. If a refund reduces plinc:ipal, the <br />red.uction will be rleated as a ptutial prepayment without any prepayment ch~ge (whether or not a <br />prepayment charge is provided for under the Note). Borrower's acceptance of my SQCh refund made by <br />direct payment to Borrower will constitute a. waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />IS. Notices. All notices given by Borrower or: Lender in connection with this Security Insrrument <br />must be in writing. AIly nOlice to Borrower in connection with tbi5 security Instrument shall Oe deemed to. <br />have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's <br />notice aclclress if sent by other means. Notice to any ODe Borrower shall constitute notice to all Borrowers <br />unless A.ppIicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a subSUMe notice address by notice to Lender. Borrower shall promptly. <br />notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's <br />eh~ge of address, then Borrower shall only report a change of address through that specified proced.ure. <br /> <br />l~ir.BI8:~ <br /> <br />G..EillllElIOOO51 <br />l8' <br /> <br />paca'Q of'~ <br /> <br />Form 3028 1 fO 1 <br />