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�0110�509 Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Bonower has a right of actlon in regard to Miscellaneous Proceeds. Borrower shall be in default if any acflon or proceeding, whether civil 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 Property or rights under this Securlty Insttvment. Borrower can cure such a default and, if acceleraflon has occurred, reinstate as provided in Section 19, by causing the acflon or proceeding to be dismissed with a rul3ng that, in Lender's �judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rlghts under this Security Insrivment. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lettder. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Secflon 2. 12. BorroW et Not Releas�; Forbeatance By Lender Not e We'iver. Extension of the time for paymettt or modification of amortization of the sums secnred by this Security Inshvment granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings aga9nst any Successor in Interest of Borrower or to refuse to extend tirae for payment or othervvise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, withouf limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall nat be a waiver of or preclude the exercise of any right or remedy. 93. Joirtt and Several Liability; Co-signers; Successors arfd Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be jo9nt and several. However, any Borrower who co-signs this Securlty Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer`s interest in fhe Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums securerl by th9s Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Secflon 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obiigations and liability nnder this Security Insttvment anless Lender agrees to such release in writing. The covenants and agreements of this Securlty Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loen Charges. Lender may charge Borrower fees for services performed in connection with Bonower's default, for the purpose of protecting Lender's interest in the Property and rlghts under this Security Inshvment, including, but not limited to, attorneys' fees, property inspecflon and valuaflon fees. In regard to any otlner fees, the absence of express authority in tYds Securlty Instrument to chazge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may ttot charge fees that are expressly prohibited by this SecurIty Instrument or by Applicable Law. 001T22625125 Citibank 3.2.49.09 V2 v � � KA•Single Femily-Faimle Mae/Freddie Mac UNIFORM INSTRUMEM' WITH MERS Form 3028 '1/01 VMPBA(NE� (7105)•� Wokars {Quw� Finar�cial S�Wcas Page 11 of 77