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200801215 acceleration has occun-ed, reinstate a... prOvided in Section 19, by ~using {he action or proceeding [0 be dismissed with a ruling that, in Lender's judgment, precludes forf~iture of the Property or other material impairment of Lender's interest in the Property or rights under this Security InsItument. The proceeds of any award or claim for damages that are auributable 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 lhe Propeny shall be applied in the order provided for in Section 2. 12. Horrower Not ll.eleascd; ForbeaJ:'ancc By Lender Not a Waiver. Extensioll of the time for payment Or modification of amortization of the sums secured by this Security InStroment granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate 10 release the liability of 90rrower or any Successors in mteresr of Borrower. Lender shall not be required to commence proceedings against ~}' Successor in Interest of Borrower or to refuse tD extend time for payment or otherwise modify amortization of me sums secured by this Security Instrument by reMon of any demand made by the origin.al Borrower Of any Successors in Interest of Borrower. Any forbearance by Lend~r 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 amo\1uts less than the amount then due, shall not be a waiver of or preclude the ex.ercise of any right or remedy. J 3. Joint and Several Liability; Co-signers; Successors and Assigns nound. Borrower COVeD.'lIlts and agrees that Borrower's obligations and liability shall be joint llnd several. However. any Borrower who co.sizns this Security Instrument but does nOl execute the Note (a "co-signer"): (a) is co-sisning this Security Instl'ltInent only to mottga.ge, grant and convey the co-signer's interest in the Property under the te11I18 of this Se,,'Urity lusttllment; (b) is not penonally obligated to pay the S\lIIl!i secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommDdations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. SUbject to the provisions of Section 18, my Successor in Interest of Borrower who assumes Borrower's obligations under this Securhy lnstrumem in writing, and is approved by Lentler, shall obtain all of Borrower's rights and benefits under this Security Instnxment. Borrower shall not be released from Borrower'S obligations and liability Wlder this Security Instrument unless Lender agrees to such relellIle ill writing. Thc covenants and agreements of this Security InstI'\lDlent shall bind (except as provided in Section 20) and benefit the successors and 88sigll.$ of Lender. 14. .Loan Charges. Lender may charge Borrower fees tor services pertotIIled in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights Wlder this Security Insrnunent, including, but not limited to, auorneys' fees, property inspection and valuation fees. In regard to any other fees, tbe absence of express authority in this Security Instrument to charge a. specific fee to Borrower shall not be consrrued as a prohibition on the charging of such fee. Lender may not chllrge fees that are expressly prohibited by this Security Instrume);!,t or by Applicable Law. If the Loan is subject to a law which Sets maximum loan charges, and thm law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limlts, then: (a) any such loan Charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already CoUl;\cted from Borrower which exceeded permitted Hmits will be refunded to Borrowet. Leoder may choose to make this refund by reducing the principal owed under the Note or by IIlc1king a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepaYment withom any prepayment charge (whether Or not a prepayment charge is provided for under the Note). Borrower's a.ccepta.nce Df any such refund made by direct payment to BOI<Ower will constituLC a waiver of any right Df action Borrower might ha.ve arising out of such overcharge. 15. Notices. All notices given by Borrower or Lct:1der in connectiOn with this Security Instrument must be in writing" Any notice to Borrower in cDnnection With this Security Instrument shall be deemed 10 have been given to Borrowet when mlliled by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute Dotice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless BDrrower bas 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 cbange of address, then Borrower shall only report a change of address through tht specified prOCedUTc. .. -SINE) (00051 e Inl1:I\1IS',~ Fll!)D ,cor 16 ps Form 3028 1/01