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200801477 accelcration has occurred, reinstatc as provided in Scction 19, by causing the action or procceding to be dismisscd with a ruling that, in Lcnder's judgm~nt, prceludes forfeitur~ of the Propcrty or oth~r matcrial impairment of L~Jl(kr's interest in th~ Property or rights under this Seeurity Instrum~nt. The proeeeds of any award or claim for damages that are attributable to thc impairment of Lendcr's interest in the Propcrty arc hereby assigned and shall be paid to L~ndcr. All Miscellan~ous Proceeds that ar~ not applied to restoration or repair of th~ Property shall be appli~d in thc order provided for in Scction 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the timc for payment or modification of amortization of the sums s~cur~d by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operak to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be requir~d to commence proceedings against any Successor in lnkr~st of Borrower or to refuse to ~xt~nd time for payment or otherwise modiI)' amortization of the sums 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 r~m~dy including, without limitation, Lender's acceptance of payments from third persons, entiti~s or Successors in Intcrest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude th~ excrcisc of any right or remcdy. 13. .Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agr~~s that Bon'ower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not exccute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgagc, grant and convey the co-signer's interest in the Propcrty under the terms of this Sccurity Instillment; (b) is not personally obligated to pay the sums secured by this Security Instillment; and (e) agrees that Lender and any other Borrower can agree to extend, modify, torbear or make any accommodations with regard to the tcrms of this Security Instillment or the Note without the co-signer's consent. Subjcct to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations undcr this Security Instrumcnt in writing, and is approvcd by Lender, shall obtain all of Borrower's rights and benefits under this Sccurity Instillment. Borrower shall not be released from Borrower's obligations and liability under this S~curity Instrument unless Lender agrces to such releas~ in writing. The covcnants and agr~~l11ents of this Security Instrumcnt shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fces tor servic~s perfonned in connection with Borrower's ddault, for the purpose of protecting Lender's int~r~st in the Property and rights under this S~l'urity Instl1Jment, including, but not limited to, attorncys' fees, property inspection and valuation fees. In regard to any othcr fees. the absencc of cxpress authority in this Security Instl1Jment to charge a specific f~<: to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Sccurity Instrum~nt or by Applicable Law. If the Loan is sub.i~ct to a law which sets maximum loan charg~s, and that law is finally interpret~d so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount n~cessary to reduce the chargc to the permitted limit; and (h) any sums alr~ady collcctcd from Borrower which exceedcd permitted limits will be refimded to Borrower. Lender may choose to make this refund by reducing thc principal owed undcr the Note or by making a direct payment to Borrowcr. If a refund reduces principal, the r~duction will be treatcd as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided tor under the Note). Borrower's acceptance of any such refund made by dircct payment to Bon-ower will constitute a waivcr of any right of action Borrower might have arising out of such overchargc. 15. Notices. AIt noticcs given by Borrower or Lender in connection with this Security Instrum~nt must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mail cd by first class mail or whcn actually delivered to Borrower's notice address if sent by oth~r means. Notice to allY on~ Borrower shall constitute notice to alt Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitutc notice addr~ss by noticc to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If L~nd~r specifics a procedurc for reporting Borrower's chang~ of address, then Borrower shalt only report a change of addr~ss through that sp~cified procedure. 0757208954 . -6(NE) (0407),01 @ Page 100f 15 l"ili"15~ m P Form 3028 1/01