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200909726 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Lrslrument The proceeds of arry award or claim for damages that are attributable io the impairment of Lender's interest in the Property are here assnggned and shall be paid to Lender. All~scellaneons Proceeds that are not applied m restoration or repair of We Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security histrument granted by Lender to Borrower or any Successor in Lrterest of Borrower shall not operate to release the liability of Borrower or arty Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Lflerast of Bortnwer or M refuse to extend time for payment or otirerwise modify amortization of the sums s<wured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in IrHerest of Borrower. Any Pori7earance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Inrterest of Borrower or in amounts less than dre amount then due, shall not be a waiver of or preclude the exercise of arly right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assi~rs Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be ,joint and several. However, any Borrower who co-signs this Security Instnrment but does not execute the Note (a "co-signer"): (a) is co-signing tuts Security Instrmrent only to nnortgage, grant and convey the co-signer's interest in the Property urrler the terns of Wis Security Imlrvmeni; (b) is not personally obligated to pay the surr>s secured by this Security Irrstrumeni; and (c) agrees lhat Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the tenors of this Security Inslrrmrent or the Note without the co-signer's consent Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Ir~trument in writing, and is approved by Leader, shall obtain all of Borrower's rights aril benefits under this Security Instrument Borrower shall not be released from Borvwer's obligations and liability rurder this Security hlstnurrent unless Lender agrees to such release in writing. The covenants and agreements of this Security IrrStrument shall bind (except as provided in Section 20) and benePrt the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's hrterest in the Property and rights under this Security Lzstrument, 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 Inshument to clurrge a specific fee to Borrower shall not be cortstrved as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Lrstrument or by Applicable I,aw. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that tire interest or other loan charges collected or io be collected in connection wiW We Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce tire charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by malting a direct payment to Borrower. If a refrmd reduces principal, the reduction will be heated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under tire Note). Borrower's accephurce of arty such refund made by direct paymerrt tv Borrower will constitute a waiver of arty right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Irrslrument rmrst be in writing. Any notice to Borrower in corurection witir this Secuurty Instrument shall be deemed to have been given to Borvwer when mailed by fwrst class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to arty ours Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be due Property Address unless Borrower has designated a substitute notice address by notice tc- Lender. Borrower shall pmmpfly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specif ed procedure. 001120991870 CitiMortgage 3.2.27.13 V5 NEBRASKA -Single Family -Fannie MaelFreddle Mac UNIFORM INSTRUMENT 14~ -6A(Nq {aaioi Pegs io m is ir:g.i:: Form 3D28 1101