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<br />200802938 <br /> <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceedinl to be <br />dismissed with a ruling that. in Lender's judgment. precludes forfcilure of the Property or other material <br />impaiJ1IlCIlt of Lender's interest in the PropertY or rights under this Security InstI\III1Cnt. The proceeds of <br />any award or claim for damales that are attributable to the impairment of Lender's interest in the Property <br />arc hereby assigned end shall be paid to Lender. <br />All MiscclllUlCOUS Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not R.elealIedi ForbetU'llDte By Lender Not a Waine. Extension of the lime {or <br />payment or modification of amortization of the sums seclltCd by this Security Instrument granted by Lender <br />to Borrower or any Successor in l:l1terest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Jnterest of Borrower- Lender shall not be required to commence proceedings against <br />any Succes$O!' in Interest of Borrower or to refuSe to extend time for paYJDct1t or othexwise IPOdify <br />amortizalion of the sums I5CICured by this Security Instrun1ent by reason of any demand made by the original <br />Borrower or any SUccessors in Interest of BorroWCf. A1J.y forbearance by Lender in exercising my riabt or <br />remedy including. withou.t limitation, Lender's acceptance of paymettts from thinl petSQD5. entilies or <br />Successors in Interest of Borrower or in amounts less than the amount then due. sball not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and SevCl'al Liability; eo-signers; Successors and Assigns Boul'd. Borrower covenants <br />and agrees that Borrower's obligations and liabil ity shan be joiJlt and several. However, any Borrower who <br />co-sips this Security Insmu:ncnt but does not execute the Note (a "co--signet"): (a) is co-signing this <br />Security Instrument only to mortgage. :rant and. convey the co-signer's i:l1terest in the Propcny under the <br />tenns of this Security Insttumel1t; (b) is not personally ob1i~aled to pay the sums secwed by this Security <br />Instrwnent; end (c) agrees that Lender and any other Borrower can agree to extend. modify. forbear or <br />make any accommodations with regard to the terms of this Security Instroment or the Note without the <br />eo-si~er's consent. <br />Su.bject to the provisions of Section 18. any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's ri:J1ts and benefits under this Security 1nstnm1ent. Borrower sball not be released from <br />Borrower's obligations and liability under this Security JnStrumen.t unless Lender agrtcS to $\lch release in <br />writing. The covenants and agreements of this Security lnstromeDt shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrowcr's default, for the purpose of protecting Lelldcr's interest in the Property and rights under this <br />Security Instrument. including, but not limited to, attorneys' fees, propeny inspection end valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific <br />fee to Borrower sball not be eonstrued as a probibition on the chargini of such fee. Lender may not charge <br />fees that ate expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets ma.x.i.mum loan charges. and that law is fmally interpreted 50 <br />that the interCst or other loan charges collected or to be collected in connection with the Loan exceed the <br />permitted limits. then: (a) any such loan charge shall be reduced by the amount neccssaI)' to reduce the <br />charge to the pe.nnitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded. to Bonower. Lender may choose to make this refund by rcducini the principal <br />owed under the Note or by making a direCt payment to Borrower. If a refund reduces principal, the <br />reductioD will be treated as a partial prepayment without any prcpaymcttt charge (wbether or Dot a <br />prepayment charge is provided for under tb.e Note)_ Borrower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of an)' right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. J\ll notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instrwnent Shall be deemed to <br />have been given to Borrower when mailed by first class mail or when acil1ally delivered to Borrower's <br />Dotice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. the notice address shllll be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender_ Borrower sball promptly <br />notify Lender of Borrower's chaIlge of address. If Lender specifies a procedure for reporting Borrower's <br />change of address. then Bonower shall only report a change of address tbrough that specified procedure. <br />0110280022 <br /> <br />4I!l-8INfIID407l.02 <br /> <br />"lgI10011$ <br /> <br />'''Itll~ rp//i. <br />-" ~ F.... 3028 110' <br />