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20i0U8143 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />disinissed with a ruling that, in Lendcr's jud�;ment, precludes forfeiture of the Property or ather 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 af Lender' s interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Procecd� that are not applied to restoration or repair af the Property shall be <br />applied in the order provided for in Section 2. <br />1Z. Borrower Nat Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modificatic>n of amortization of the sums secured by this Security Instrument granted by Lender <br />to Barrower or any Successor in Interest af Barrower shall not operate to release the liability of Borrawer <br />or any Successors in Interest of I3orrawer. Lender shall not be required to commence prG�ceedings against <br />any Successor in Interest of I3orrpwer or to refuse to extend time for payment or atherwise modify <br />amartization of the sums securcd by this Security Instrument by reason of any demand made by the ariginal <br />Borrower or any Successors in lnterest of $orrower. Any farbearance by Lender in exercising any right or <br />remedy includin�, without limitation, Lender's acceptance of payments from third persons, entities or <br />Successors in Interest of Bc�z or in amounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of any right ar remedy. <br />13. Joint and Several I.,iability; Co-signers; Successors and Assigns Baund. Borrower covenants <br />and agrees that Borrower's o}�ligatians and liability shall be joint and several. Hawever, any Sarrower who <br />co-signs this S�curity Instrument but does not execute the Nate (a "co-signer"): (a) is co-si�;ning this <br />Security Instrument only to mortgage, grant and cc>nv�;y tUe co-signer' s interest 'rn the Property under tlie <br />terms of this 5ecurity Instrumcnt; (b) is not personally obligated to pay the sums secured by this 5ecurity <br />Instrument; and (c) agrces that �,ender and any other Borrower can agree tc� c:xtend, modify, forbear or <br />rn�ilce any accommodations witli reg�u'd to the terms of this Security Instrument or the Note without the <br />co-signer'S consent. <br />Sub�ect to the provisians of Section 18, any Successor in Interest of Boz'rawer who assumes <br />Borrower's obligations under this Security Instrument in writing, and is appraved by Lender, shall obtain <br />all of F3C�rrower's rights and benefits under this Security Instrument. Borrower shall not bc rcicas�d from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and a�;reements af this Security Instrument shall bind (except as provided in <br />Sectian 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge $orrower fees fat scrvices 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, ineluding, but not limited to, attarneys' fees, property inspection and valuaticm fees. <br />In regard to �w7y other fees, the absence of express authority in this 5ecurity Instrument to char�;c a specil'ic <br />fee to Borrower shal] not be construed as a prohibition on the charging of sucla f��. Lender may not chzrge <br />fees that are expressly prohibited by this Security Instrurnent or by Applicable Law. <br />Tf the Lc�an is subject to a law which sets maximum loan charges, and that law is finally interpreted so <br />that the ii�terest or other loan char�es collected or to be collected in connection with the I,aan excced the <br />permitted limits, then: (a) any such laa�� chaxge shall be reduced by the amount necessary to reduce the <br />charge to thc permitted limit; and (b) any sums already collect�d fram Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed under the Note or hy making a direct payment to Barrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment cliarge is provided for under the Note). Barrower' s acceptance of any such rcfund made by <br />direct payment ta Barrower will constitute a waiver of any right of action Borrower might have arisin�; out <br />of such overcharge. <br />1S. Notices. All notices given by Barrower or Lender in connection with this 5ecurity 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 Borrower when mailed by first class mail c�r whcn aetually delivered to Barrower's <br />notice zddress if sent by c�tl�cr an�ans. Notice to any one Borrower shall constitute nc�tice to all Sorrowers <br />unless Applicable Law cxpressly requires otherwise. The notice address shall k�e th� Property Address <br />unless Borrower has designated a substitute natice address by notice to Lender. Barrower shall promptly <br />notify Lender of Borrower' s change of aadress. If Lender specifies a procedure for reportin� I3orrower' s <br />change of adciress, then Borrower shall only report a change af ad�'ess thraugh that specified procedure. <br />�-6(NE) �oao��.oz <br />� <br />P�e 10 of 15 <br />-- � � <br />f <br />� <br />1111056077 <br />Form 3028 1/07 <br />