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,, ~ ,. ~ ~ 201002490 acceleration has decurred, 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 impairment of Lender's interest in the Propertry 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 Misce3laneaus 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 Instruttterrt granted by Lender to Borrower or any Successor in Interest of Horrower shall not operate to release the liability of Harrower ox any Successors to Interest of Borrower. Lender shall not be required to conut~erice proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise trtodify amortization of the sums secured by this Security Instnuttent by reason of any demand made by the original Borrower ar any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, .Lender's acceptance of payntetrts from third persons, entities ar 5ltccessors in Interest of Borrower or in amounts less than the atn<auttt then due, shall not be a waiver of or preclude the ercercise of any right or remedy. 13. Joint and Several LiabiUty; Co~slgners; Successors and Assigns Bound. Horrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Harrower who co-signs this. Security Inswtent but does not execttta the Nate (a "ca-signer"): (a) is co-signing this Security Instrument only w morfgage, grant and convey the co-signer's interest in the Property under. the terms of this Security Ittstrtrtnent; (b) is. not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender attd arty other Harrower can agree to extend, modify, forbear or make any accomtt~dations with regard. co the terms of this Securiry Instrument or the Note without the Qa-Si er'& t7anSeni, Subject to the provisions of Section 18. any Successor in Interest of Harrower 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 lnstnrrneatt. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Irstt'umertt shall bind (eatcept as provided in Section 2t)) and benefit the successors and assigns of Lender. I4. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, far the purpose of protecting Lender's interest in the Property anal rights under this Security Instrument, including, but not limited ta, attorneys' fees, property inspe~tian and valuation fees. In regard to any other foes, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall sot be construed as a prohibition an the charging of such fee. Lender may not charge fees that are txpresaly prohibited by this Security Instrument or by Applicable Law. If the Loan is sub)ect to a law whidt sits maximum loan charges, and that Iaw is finally interpreted sa chat the interest or other loan charges. calletxed or to be collated in connection with the I.aan exceed the permitted limits, then: (a) arty such loan charge shall be rcdurxd by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Horrower which exceeded permitted limits will be refunded to Borrower, Tinder 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 reducers 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 payment to Harrower will constitute a waiver of arty right of action Borrower might have arising out of such overcharge. I5. Notices. All notices given, by Borrower or Lender in connection with this Security Instr~[trtent must be in writing. Any notice to Harrower in connection with this Security Instrument shall be deetped to have been given to Borrower when trailed by first class mail ar when acwally delivered to Borrower's notice address if sent by other means, Notice to any one Borrower shall constitute notice m all Hornpwere unless Applicable Law expressly requires otherwise. The notice address shall be the Property Andress unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall prornptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Botxgwer's change of address, then Borrower shall only report a change of address through that specified procedure. Mida/a:,~ ~~ $Q{NE) ~ooos~.o~ Peye 1D d 16 Farm 302$ 1/01