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200805129 acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that. in Lender's judgment, precludes forfeiture of the Property or other material impainnent 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 impainnent 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 Instrwnent granted by Lender to Borrower or' any Successor in IntereSt of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence 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 made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender 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 amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right ot remedy: 13. Joint and Several Liability; CO"'lligners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this secunty Instroment but does not execute the Note (a "co-signer"): (a) is 'co-signing' this Security Instnunent only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not persoi1ally obligated to pay the sums secured by this Security Instrument; and (c) agrees that'Lender imd any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terins 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 assumes Borrower's obligations 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 shall not be released from Borrower's obligations and liability under this Security IilStrument unless Lender agrees to su'Ch release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the sucCessors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services perfonned 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, attor;neys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Ins~ent to charge a specific fee to Borrower shall not be construed. as a prohipition on the charging of such fee. Lender may not charge fees that are expressly 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 fiDally interpreted so that the interest or other IQjID. charges collected or to be collected in connection Wi1;h 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 will be refunded to aorrower. Lender may choose to make 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 will be treated as a partial 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 payme1it to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overeharge. . , . , 15. Notices. All notices given by Borrower or Lendet in connection with, this Security' Instrument must'be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been giVen to Borrower wheD. mailed by first class mail or when actually delivered to Borrower's notice address if se~t by other means. Notice to any one BolTower 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 notice to, Lender. Borrower shall promptly notify Lender of Borrower's cmmge of address. If 4nder specifies a procedure for reporting Borrower's change of address, then Borrower shall only Iqlort a change of address through that specified procedure. Inldola: ~ 08-04-23-0.00057 _-6(NEJlO407l.02. P~el0of16 ~ Form3028 1101 800/tOOIll I~padQWOH S€~6 ~8€ 80€t XYd 9t:Ot NON 800~/60/90