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200806925 acceleration has occurred" reinstate as provided in Section 19, by causing the action or proceeding to be dismissed witl) a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairinent of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or ~laim for damages that are attributable to the impairment ofLender's'interest in the Property are hereby assigned and s~aH :bepaid to Lender. ' : All MisCellaneOus Proceeds that are not app~ied to restoration or repair of the Property shall be applied in the order proviqcd for in Section2. , 12. Borrowcr Not Relcased; Forbearance &y Lender NO,t a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Bortower or any Successot in' Interest of Borrower shall not operate to release the Iiabiiity of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedii)gs against anySliccessor in hiterest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums s~curedby this Security Instrument by reason of any demand made by the original BortowerOi" any Successors in Interest ofBorrowef. Anyforbelirance by Letideril1 exercising any right ,or remedy, inclul,Hng; witt~o!,lt .l~tnit#tion ,Lender's.' acceptance of. payments from third persons , . entities . or '$uccessorllin Interest 'of BorrOWer orin amounts less than theamOUi.1t then due; shall not be a waiver. of or precluctetheexe'rciseof ariyrlgl1t:Qr remedy. .... , ,. . '.' '. '. " '" " .,', ' ",',', . . 13. Joint aualidagrees that Borrower's ol.1ligatiohs .and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not ex~ute the Note (a "co~signer;'): (a) isco~signing ~his Security 111strumentonlyto lllortgage,grant arid conVey the co-signer's interest in theProperty under the terms Mliis Security Instrument; (b) is hot persOnally obligated to pay the sums sec~lred by t:l1is Security Instrument; al).d (c) agrees that Leilder and any other B6trowercan agree to extend,' modify. forbear or make any accommodations wittl nigai'd to the terins, of this Security Instrument or the Note' without the co-signer's consertt. ,', ". ' . Subject to the provisions of Section 1.8, any Successor in Interest ,Of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lellder, shall obtain alloi Borrower's rights and, benefits uilder this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. the ~ovenants and agreements 'of this Security Instrillnent snail bifid (except as provided in Seotion 20) and benefit the suecessorS,aild assigns of Lender. . . . 14. IAll1n Charges., Lender lnay 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, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Insttumentto charge a specific fee 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 Security Instrument or by Applicable Law. If the Loan is subject toa law wl1ich sets maximum loan charges, and that 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 limits, then: (a) any SilCh loan 'charge shall be reduced by the amount necessary to reduce the charge to the pel'mitted limit;, and (b) any sums already collected from Borrower Which exceeded pel'rilitted limits will be refunded to Borrower. 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 proyided for under the Nor.e). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. ... '15. Notices. All notices givcn by Borrower or Lender 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 when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other meahs. Notice to any oue 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 notice roLender;Borrowershallpromptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting, Borrower's change of address, then Borrawershall on1yreporta change of address through that specified procedure. ~ 0110283305 Inl . s: ?~ ~-6(NEI (0407/.02 Pogo 10 of 16 Form 3028 1/01