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201008451 acceleration has occurred, reinstate as provided in Scction 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property ar 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 ta the impairment of Lender's interest in the Froperty are hereby assigned and shall be paid ta Lender, All Miscellaneous Prc�ceeds that are nat applied ta restoration or repair of the Froperty shall be applicd in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. �xtension of thc time for paymcnt or madi�cation of amortization of the sums secured by this Security Instrument granted by I,ender ta Barrower or any Successor in Interest of Borrowcr shall nat ap�rat� to release the liability of Borrower or any 5uccessors in Interest of Barrower. Lendcr shall not be required to cammence proceedings against any Successor in Interest of Barrower or to refuse to extend time for payment or otherwise modify amortizatian of the sums secured by this Security Instrument by reason of any demand mad� by the original Borrower or any Successors in fnterest of Barrower. Any forbearance by Lender in exercising any right or remedy including, withaut limitation, Lender's acceptance af payments from third persons, entities or Successors in lnterest of Borrower or in amounts less than the �unount then du�, shall not b� a waiver of ar preclude the exercise of any right or remedy. 13. Joint and Several Liability; C'o-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrawer's obli�;ations and liability shall b� joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is ca-signing this 5ecurity Instrument only to mortgage, grant and convey the co-signer's interest in the Property undcr the terms of this Security Instrument; (b) is ttot persanally abligated to pay the sums secured by this 5ecurity Instrument; and (c) agrecs that Lender and any other $orrower can agree to extend, modify, forbear or make any accommodatians with regard to th� tcrms of thi;± Security Tnstrument or the Nate withaut the cc>-signer's conscnt. Subject to the provisions of Section 18, any Successor in Interest of Bnrroverer who dssumcs Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Barrowsr's rights and benefits under this Security Instrument. Barrower shall not be released from Borrower's obligations and liability under this 5ecurity Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Laan Charges. Lender may charge Barrower fees far services performed in connection with Borrower's default, for the purpose of protecting Lendar's interest in the Property and rights under this Security lnstrument, 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 Instrument to charge a specific fce to I3c�rrower shall nat b� canstrued as a prohibitian at� the charging of such fee. Lender may nat charge fees that are expressly prohibited by this Security Tnstrumant or by Applicable Law. lf the Loan is subject to a law which 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 such loan char�c shall be reduced by the amount necessary to reduce thc eharge to tlie permitted limit; and (b) any sums already eollected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may chaase 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 �repaymcnt without any prepaym�nt char�;c (wh�ther ar not a prepayment clYarge is provided for under the Note). 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. l5. Notiees. All nc>ticcs given by Borrower or I,endc;r in cann�ction with this Security Instrument must bc in writin�. Any nc>tie� tp Borrpw�r in eoniY�:etic�n with this Seeurity Instrument shall be deemed to havc bcen givcn to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one $arrower shall constitute notice to all $orrowers unless Applicable I.aw cxpressly requires otherwise. The notice address shall be the Prop�;rty Address unless Borrower has designated a substitute notice address by notice to Lender. Barrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedurc far repc�rtin� Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. (�� 111.1q56206 IpQial �-6(NE) �oao��.o2 P�e 1� of 15 r - � Form 3028 1/01