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200805023 dismissed with II ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's Interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable 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 the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor In Interest of Borrower shall not operate to release the Iiablllty of Borrower or any Successors in Interest of Borrower. Lender shall not be required to COlllmence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand mllde by the original Borrower or lIny Successors in Interest of Borrower. Any forbearllnce by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, enlities or Successors In Interest of Borrower or In amounts less than the amount then duc, shall not be a waiver of or preclude the exercise of any right or remedy. 13. J oint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligatlons and Ilabllity shaH be joinl nnd several. However. any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) Is co-signing this Security Instrument only to mortgllgc, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modiJy, forbear or make any accommodations 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, any Successor in Interest of Borrower who nssumes Borrower's obllgntlons under this Security Instrument in writing. and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shalI not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release In wrltlng. The covenants and agreements of this Security Instrument shall bind (except as providcd in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chllrge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest In the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspectlon and valuation fees. In regard 10 any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shaH not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressiy prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law Is finally interpreted so that the Interest or other loan charges collected or to be collectcd in connection with the Loan exceed the permitted limits, 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 collected from Borrower which exceeded permitted limits wlll be refunded to Borrower. Lender may choose to malIC this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction wiII be treated as a parliaI prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower wl\1 constitute a waiver of any right of action Borrower might have arising out of such overcharge. ] 5. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be In writing. Any noUce to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mall or when actualIy delivered to Borrower's noUce address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by noUce to Lender. Borrower shall prompUy notify Lender of Borrower's change of address, If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure, 002005425058 C!-6A(NE) (0~07).01 l!l P.9~ 10 of 15 fn,tlO'.'(;;;)' .:5i( ~ Form 3026 1/01 CltlMortgage 3.2.15.13 V6