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200304210985.010 <br />Borrower shall be in default if any action or proceeding, r whether <br />othecivil <br />Inaor c minaal, is b of that, in <br />Lender's judgment, could result in forfeiture of the PropenY o <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />acceleration has occurred, reinstate as provided in Section <br />9 fby causing the the action <br />or or other material <br />I <br />to be <br />dismissed with a ruling that, in Lender's judgment, precludes <br />impartneut 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 hie impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All 2vtiscelhmcous Proceeds drat are not applied to restoration or repair of the property shall be <br />applied in the order provided for in Section 2.for <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tinder <br />payment or modification of amortization of the stints secured by this Security instrument granted by <br />Le <br />Borrower shall not operate to release the liability of Borrower <br />to Borrower or any Successor in interest of <br />or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />amortization of die sutras secured by this Security Instrument by reason of any demand made by the original <br />Borrower or any Successors in interest of Borrower. Any forbearance by lender in exercising any right or <br />remedy including, without limitation, Lomder's acceptance of payments from third persons, entities V.- <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waver of or <br />preclude the exercise of ,.ray ght oe remedy. Successors and Assigns Bound. Borrower covenants <br />13. Joint and Several Liability; Co-signers; <br />and agrees that Borrower's obligat;outs and liability shall be joint and several. However, any Borrower who <br />co-signs this Security instrument but dues not execute the Note (a "co-signer"); (a) is co-signing this <br />Security lnctrumem only to niortgege, grant and convey <br />obligated etMs interest in We runts die car perty this Security <br />under die <br />terms of this Security instrument, (b) is not pery ropay <br />Instrument; and (c) agrees drat Lender and any other Borrower call agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrunent or doe Note without the <br />co-signer's consent. <br />Subject to the provisions of Section I8, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security instrument in writing, and is approved by Lender, shall ofrom <br />btain <br />all of Borrower's rights and benefitsunder this Security <br />rrower shall <br />be <br />Borrower's obligations and liability Inswment unless Slt <br />under this Security Lender agrees such release lease in <br />of this Security instrument shall bind (except as provided inwriting. 111e covenants and agrcetnents of Lender. <br />Section 20) and benefit the svtzessnrs and assigns <br />14. Loan Charges. Lender may charge Borrower fees to <br />Borrower's services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the property and right undertthis <br />Security Instrunuenl, including, but not lionised to, attorneys' fees, property Pe' <br />Liou In regard to any other fees, the absence of express authority is this Security Instrument to charge a Specifc <br />fee to Borrower shall not be construed as a prohibition on die charging of such fee. Lender may not charge <br />frets that are exlressly prohibited by this Security Instrument or by Applicable Law.so <br />If die Loaa is subject to a law which sets maximum loan charges, and that law is finally interpreted he <br />that the interest or other .can charges collected or to be collected in connection with die Loan exceed the <br />permitted limits, then: (a) any such loan Suns already collected from Borrharge shall be reduced by the ower ernw'hich exceeded permitto reduce ted <br />charge i the refunded <br />ed limit; and er any <br />limits will be refunded to Borrower. Lender nay choose to make this refund by reducing nlncp al�idie <br />owed under the Note or by making a direct payment to Borrower. If a refund reduces p p <br />reduction will he treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security InsUmaclIt <br />must be in writing. Any notice to Borrower in connection with this Security istrtunent shall be deemed m <br />havr, been given to Borrower when [nailed by first class mail or when actually delivered to Borrower's <br />InitidM�j <br />Patia to nl 15 <br />Form 3l)aa 1101 <br />®.atWAl 100121 <br />m <br />