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2� 1 ��42 Secur�ty Instrument, whether or not then due. "apposing Par�y" means the third party that awes Borrawer Miscellaneous Froceeds or the party against whvm Borrower has a right of actian in regard tv Miscellanevus Proceeds. Borrower shall be in default�f any action or praceed�ng, whether ci�il or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Praperty or rights under this Security Instrument. Borrower can cure su�h a defau�t and, if acce�eration has occurred, reinstate as prv�ided in Se�tion 19, by causing the act�on or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes f�rfeiture 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 ar �laim for damages that are amibutable to the impairment of Lender's interes� in the Praperty are hereby assigned and shall be paid to Lender, Ail Miscelianeous Froceeds that are not applied to restorat�on or repa�r of the Property shall�e applied in the order pro�ided for in Se�tion 2. �Z, Borrower Nat Rseleas�ed; Forbearance �y L+ender No�t a WaNer. Extension of the time for paym�nt or madif cation of amortization of the sums secured by this Security instrument granted by Lend�r to Borr�wer or any Successor in Interest of Borrower shall no� operate to re�ease the �iability of Borrower or any Successors in Interest of Borrower. Lender sha�l nat be required to commen�e pr�ceedit�gs against any Successor in �n�erest of Borrower or to refuse to extend time for payment vr otherwise modify amortiza��on of the sums se�ured by this Se�urity Instrument by reason of any demand ma.de by the origu�a� Barrawer or any Suc�essors in �nterest of Borrower. Any forbearance by Lender in exercising any right ar remedy including, without limitation, Lender's accep�ance of payments from third persons, entities ar 5uccessors in Interest of Borrower or in amounts less than the amount then due, shail not be a wai�er of or �reclude the exercise af any right or remedy. �3, Jvint and 5e�eral Vability; Co-signers; Succes�ors and Assigns Baund. Borrower co�enants and agrees that Borr_awer's abligations and liabi�ity shall be joint and se�erai. Hawe�er, any Borrower who cv-signs this Security Instrument but does nat execute the Note (a "co-signer"}: (a) is ca-signing this Security Ins�rument on�y to mortgage, grant and con�ey the co-signer's interest in the Property under the terms of this Security Instrument; [h} is not personally obligated to pay the sums secured by �his 5ecurity Ins�rument; and[c}agrees that Lender and any ather Barr�wer can agree to extend, modify, farbear ar make any accommodations with regard�o the terms of this 5ecurity Instrument or�he No�� without the co-signer's consent. Subject to �he pro�isions of Sectian 1 S, any 5uccessor in Interest of Borrower who assumes Borrower's obl�gations under this Security Instrument �n writing, and is appro�ed by Lender, shall obtain ail af Barrower's rights and benefi�s under t�'115 Security Instrument. Borrawer shal� not be released from Borrower's o�ligations and liabi�ity under this 5ecurity Instrument unless Lender agrees to such release in writing. The co�enan�s and a�reements of this 5ecurity Instrument shall bind (except as pro�ided in Section 20}and benefit the successors and assigns of Lender. �q,, L,a�an Charges. Lender may charge Barrower fees for ser�ices 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, attorneys' fees, property inspection and�aluation fees. In regard to any other fees, �he absence of express authority in this 5ecurity �nstrument to charg� a specif c fee to Borrower sha�l not be construed as a prohibition on the charging of such fee. Lender may not �harge fees that are expressly prohibi�ed by this 5ecurity Instrument or by App�icable Law. ❑�112435405fi Citibank 3.2.1 D7.7 2 V2 NEBRASKA-5ingle Family-Fannie MaelFreddie Mac UNIF4RM INSTRUMENT WITH MERS Form 3028 11�1 VMP g VMPfiA[NE){1302].�0 Woiters Kluwer Fnan�ial 5ervices Pa$e 11 of 17