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201007344 acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in l.render's judgment, preclude 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. Borrovre~r Nat 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 sor 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 arty S~rccessor 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 itarluding, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amoums Ices than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. x3. Joint and Several Liability; Cotes; Suorars and Amigos Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who c~-signs this Security Instrument but does not exectrte the Note (a "co-signer"): (a) is co-signing this Security Instnrment only to mortg~e, grant and convey the oo-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 a~+ other Borrower can agrc+e to extend, rta,dify, forbear or melee nay 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 1$, any Successor in interest of Borrower who assurn~s Borrower's obligations under this Security Instrument in writing, and i$ 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 Instrvrnent unless Lender gees to such release is writing. The oavenants and ag~reennents of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan, Charges. Lender tray charge 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, attort>eys' fees, Property inspection and valuation fees. In regard to nay other fees, the absence of express authority in this Security Instnrn~eat to charge a specific fee to Borrower shall not be cAnsarued as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Insnument or by Applicable Law. If the Loan is subject to a law which sets noaximum 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) a~ such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums ah~eady collected from Borrower which exceeded permitted limits will be refunded to Borrower. Leader 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 P~Y~ ~$e (~' or not a prepayment charge is provided for under the Note). Borrower's aceeptance of airy such refute made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 13. Notiloes. All notices given by Borrower or Lender in cxtuauaection with this Security Insr~mm~ent must be in writing. Arry notioe to Harrower 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 means. Notice to nay one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. 'Tyro notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to . Borrower shall PromPUY notify Lender of Borrower's change of address. If L~der specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. NaBRASICA -Single Family - Fwdo Mae/Frrddle Men UNIFORM INSTRUMENT ~ ~ ~ ,-~ -e(NEI rosy ~~ Pia 10 w 16 trwta~.: Form 3028 7/07