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2oioo9si2 <br />acceleration has occurred, reinstate as prpvided in Section 19, by causing the action or proceeding to be <br />dismissed with a tuling that, in Lender's judgment, precludes forfeiture of thc Property ar other material <br />impairment of Lender's interest in thc Prop�rty or rights under this Security Instrument. The proceeds of <br />any award or claim for damages that arc attributable to the impairment of Lender' s interest in the Froperty <br />are hereby assigned and shall bc �aid to Lender. <br />All Miscellaneous Proceeds that are not applicd ta restoratian ar repair af the Property shall be <br />applied in the c�rder pravided for in 5ection 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modi�catian of amortization of the sums secured by this 5ecurity Instrument granted by Lender <br />to Borrower or any Successor in Interest of $arrower shall not operate to relaasc the liability of B<>rrnwer <br />or any 5uccessors in Interest of Barrowcr. Lender shall not b� required to commence proceedings against <br />any Successor in Interest of Barrower or to refuse to extend time far payment ax atherwise modify <br />amortization of the sums secured by this Security Instrument by reasan of any demand made by the original <br />F3arrc�wer or any Successors in lnterest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments from third persc>ns, cntitie5 or <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver af or <br />preclude the exercise of any right or remcdy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Baund. Barrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <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 th� Property under the <br />terms of this Security Instrument; (b) is nat personally abligated to pay the sums secured by this 5ecurity <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommadations with regard to the terms of this Security Instrument or the Note without the <br />co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrurnent in writing, and is approved }ay Lender, shall obtain <br />all af Borrower's rights and benefits under this Security lnstrument. Borrower shall not be released from <br />Borrower'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 ��U�;a�;a in <br />Section 20) and bencfit the succcssors and assigns of Lc:ndcr. <br />14. Loan Charges. Lender may charge Barrower fees for services performed in connection with <br />Borrower's default, for the purpose af protecting Lender's interest in the Property and rights under this <br />Sccurity InStrument, including, but nat limited to, attorneys' fees, praperty inspectian and valuation Fe�s. <br />In regard ta any ather fees, the absence of express autharity in this Security Instrument to charge a specific <br />fee to Barrower shall not be construed as a prohibition on the charging of such fee. L ender may not charge <br />fees that are expressly prahibited by this Security Instrument ar by Applicable Law. <br />If the Loan is subjcct to a law which sets maximum loan charges, and that law is finally interpreted so <br />that the interest or othcr loan cl�arges collectcd or to be collected in connection with the Loan cxc�cd the <br />permitted limits, then: (a) any such loan charge shall be reduced by the aznount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />lirnits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed undcr the Note or by making a direct payrnent to Borrower. If a refund reduces principal, the <br />reductic�n will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under tlic Not�), Bc>rrowc:r's acceptanee of any sueh refund made by <br />direct payment t� 13nrrc�wcr will constitute a waiver of any right of action Borrower might h�ve arising out <br />of such ovcrchargc, <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrowcr in connection with this Security Instrument shall be deemed to <br />have been given to $orrower when mailed by first class mail or when actually delivered to Barrower's <br />noticc address if sent by other means. Natice ta any one �orrow�:r shall constitute natice to all I3arrc�we:rs <br />unlcss Applicablc Law expressly requires atherwise. Th� notice address sliall be the Praperty Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting $orrower's <br />change of address, then Borrower shall only report a change of address through at specified procedure. <br />111105 62 92 <br />�als: <br />�-6(NE) �oaa��.o2 P�e 10 of 15 Form 3028 1/01 <br />� <br />