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~~9908684 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action ar proceeding to be <br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Froperty or other material <br />impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of <br />any award or claim for damages that are attributable to the impairment of Lender' s interest in the Prapcrty <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are net applied to restoration or repair of the Prapcrty shall be <br />applied in the order provided far in Section 2. <br />1.2. Borrower Nat Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender <br />to Horrower or any Successor in Interest of Borrower shall net operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend tuna for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the original <br />Borrower or any Successars in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments from third persons, entities or <br />Successars in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successars and Assigns Bound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower wha <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Harrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note withaut the <br />ca-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower wha assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Harrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lander may charge Borrower fees for services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any ether fees, the absence of express authority in this Security Instrument to charge a specific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may net charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Laan is subject to a law which sets maximum loan charges, and that law is finally interpreted so <br />that the interest ar 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 necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Horrower. Lender may choose to make this refund by reducing the principal <br />awed under the Note or by making a direct payment to Harrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or net a <br />prepayment charge: is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />] S. Notices. All notices given by Borrower or Lender in canncctian with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to <br />have been given to Harrower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by ether moans. Native to any one Borrower shall constitute notice to all Horrawers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Under of Borrower's change of address. If Lender specifies a procedure for reporting Harrawer's <br />change of address, then Borrower shall only report a change of ess through that specified procedure. <br />0110299236 <br />Intl Is: <br />-s1N~) (OQ07).02 Pie 10 of 15 ~~ ~URII 31128 ~~Q~ <br />