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HomeMy WebLinkAboutMiscellaneous - 27 MARBLEHEAD STREET 4/30/2018C) Is rn rn rn North Andover Board of Assessors Public Access Page 1 of I 1 11 . I I I If ,t0RT#j 'C P Click Seal To Return Search for Parcels Search for Sales Summary Residence Detached Structure Condo Commercial M--- M North Andover Board of Assessors MMW,kl 746roperty Record Card Parcel ID :210/008.0-0024-0000.0 FY:2010 Community: North Andover SKETCH Click on Sketch to Enlarge PHOTO Click on Photo to I ,-'7147, 27 MARBLEHEAD STREET Location: 2729 MARBLEHEAD STREET Owner Name: ELLIOT WILLARD, JR Owner Address: 27 MARBLEHEAD STREET City: NORTH ANDOVER State: MA Zip: 01845 Neighborhood: 4 - 4 Land Area: 0.22 acres Use Code: 104 -TWO -FAM -RIES Total Finished Area: 2133 sqft ASSESSMENTS CURRENTYEAR PREVIOUS YEAR Total Value: 298,700 326,200 Building Value: 152,000 167,800 Land Value: 146,700 158,400 Market and Value: 146,700 Chapter Land Value: —11 LATESTSALE Sale Price: 305,000 Sale Date: 03/10/2004 Arms Length Sale Code: Y -YES -VALID Grantor: ROBERT FILI Cert Doc: Book: 8620 Paze: 121 http://csc-ma.us/PROPAPP/display.do?linkId=1510951&town--NandoverPubAcc 10/4/2010 N 5� LL I. - w LLI LLI x uj N U) 72 U) m W (-) W '2 0 w Z-) 2 < CL a) C:l Q 0 -1 IV 0 -j co C� 00 40 IR CL C? 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Laws, Ch.139, Sec.3B APR 0 9 2013 TOWN OF NORTH ANDOVER UL... — --- NORTH ANDOVER HEALTH DEPT. NORTH ANDOVER TOWN HALL NORTHANDOVER MA 01845 Re: Insured: JOHN M & SHANNON NJOROGE Property Address: 27-29 MARBLEHEAD ST NORTH ANDOVER, MA 01845 Policy Number: 1225623 Type Loss: Water Damage: All Other Water Damage Date of Loss: 04/01/2013 Claim Number: 313166 Claim has been made involving loss, damage or destruction of the above captioned propert, which may either exceed $1000.00 or cause Massachusetts General Laws, Chapter 143, section 6 to be applicable. Ifany n otice under Massachusetts General Laws, Chapter 139, Section 313 is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. MPIUAClaimstDiVisi - on CMA00021 00 qb W� low. ":t Z., AME 0 0 'C'A' � r > 0 ico 0. 44 CK x v a E e.) E u R .0 n C) C? 4. 7,2 .0 S 0 U) :3 A? CD a CN U) 2 F- 0 (1) C) 7E. r ell E cm 0 r. 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CD a CN U) 2 F- 0 (1) C) Nt 4"Z' Q� ci (26 qb qb rq � 00 � N I— C) C) C> C) 00 Z Q, C) C9 qb CIO 0 0 rq rq � 00 � N I— C) C) C> C) C) 4, C) C'4 c - > "a Z C4 (WD Z Q, 14� C9 CIO C) 4, C) C'4 c - > "a Z C4 (WD a R �\.;" 0'1� 0 4 Up� 4. 0 F-4 72 -4 ko 0 U) cc CD a C14 CIO 0 0 rq 42 > x 06 72 0 2 E o CIO a R �\.;" 0'1� 0 4 Up� 4. 0 F-4 72 -4 ko 0 U) cc CD a C14 ,%ORT#1 CRU HEALTH DEPARTMENT, Complaint/investigation Intake Report - Taken by: Date of Report: - 2- e)le$ Time: Category/Type of Complaint: Address/Location of Incident: Name of Person Reporting- Phone Number: (H) or (W): Phone Number: i (Cell): Name of Alleged Violator: V Complaint Details: i- �%� ee_� // n. z�' Phone Number of Alleged Violator: 4- �57 67 /'0 -14/ Recommended ro :)n to be taken: I Immediate corrective action to be taken: To be Investigated by: Title: Date Scheduled for Investigation: Date Submitted for Data Entry: Date Entered: t- b -e cl ro orill q- 6 a �4,u� oryi h c1d 4 -ea N 4, c � NJ, J J 40 0 -AJ13- Ar\60A-0 r"A <0 19 MASSACHUSETTS (wamnti,,) Bk 12067 Psa4s 014791 06-15-2010 a 1OZ46a revised 01/02/92 REO #P10031.3 FEDERAL NATIONAL MORTGAGE ASSOCIATION A/K/A FANNIE MAE, corporation organized under an Act of Congress and existing pursuant to the Federal National Mortgage Association Charter Act, having its principal office in the City of F Washington, District of Columbia, and in office for the conduct of business of P.O. Box 65DD43, IN% , TX 75265-0043, (hereinafter caW the Grantor) for consideration of TWO HUNDRED TWENTY-SEVEN THOUSAND NINE HUNDRED AND 00/100 ($227,"0.00) DOLLARS PAID, grants tojqhg�� �ofP �outh T�em. Methuen, MA 01844, with quitclaim covenants, A certain tract of land, with the buildings and improvements thereon, situate in North Andover, Essex County, Massachusetts, bounded and described as follows: EASTERLY by the westerly line of Marblehead Street� fifty (50) feet; SOUTHERLY by land now or formerly owned by Charles W. Phelps, one hundred ninety (190) feet; WESTERLY by lot numbered eighty-two (82) an plan of Greene Farm, fifty (50) feet; and NORTHERLY by land now or formerly of Mary A. Josselyn, one hundred ninety (190) feet Original plan of Greene Farm recorded with South Essex District Registry of Deeds, Book 708, Page 300; a copy of which is recorded in North Essex District Registry of Deeds in Copies of Plans No. 26. Premises we conveyed subject to easement taken by the Commonwealth of Massachusetts in behalf of the Town of North Andover for the purpose of relocating sanitary sewers; recorded in said Registry of Deeds, Book 936*, Page 421, and Book 939, Page 83. *Should read Book 938. FOR TITLE REFERENCE, see Foreclosure Deed recorded in the Essex County (Northern District) Registry of Deeds in Book U032, Pap 250. UNDER AND SUBJECT to any existing covenants, easemen , encroachments, conditions, restrictions, and agreements affecting this property. THIS DEED is given in the usual course of the Grantor's business and is not a conveyance of all or substantially all of the Grantoes assets in Massachusetts. THE GRANTOR is cKempt from paying the Massachusetts state cxcisc stamp tax by virtue of 12 United States Code S1452, 51723a, or SIM. TOGETHER WITH an and singuln the improvements, ways, streets, &Heys, passages, water, watercourses, tight, liberties, privileges, hcreditaments, and appurtenances whatsoever hereto belonging or in anywise appertaining and the reversions and remainders, rents, issues and profits there4 and all the estate, tight, Utle, interest, property, clam and demand whatsoever of the said Grantor in law, equity, or otherwise howsoever, of and to the same and every pan thereoL Bk 12067 Pg349 #14791' WITN SS the execution and the corporate seal of said corporation this 40? ' day of May, 2010. FEDERAL NATIONAL MORTGAGE ASSOCIATION A/K/A FANNIE MAE By- Harmon Law Offices, PC, its attorney in fact ,y &,-�/;Authonzed Signer FOR SIGNATORY AUTHORITY, SEE LIMITED POWER OF ATTORNEY RECORDED AT THE ESSEX COUNTY (NORTHERN DIsTRICT) REGISTRY DISTRICT OF THE LAND COURT AS DOCUMENT NO.97518. SEE VOTE RECORDED AT LAND COURT DOCUMENT NO.97519. Middlesex, ss. COMMONWEALTH OF MASSACHUSETTS May ZL 2010 4 On d -tis 12'�day of 0, before me, the undersigned notaity public, personally .�V' 2ty, 2 1 appeared --- q de-ZA104 - as Authorized Signer for Harmon IAw Offices, PC, as Attorney IdFact for Federal National Mortgage Association a/k/a Fannie Mae, proved to me through satisfactory evidence of identificatiot36 which was pvmQzW kagw1cdo to be the person whose name is signed on the preceding or attached document, and acknowledged to me that s/he signed it voluntarily as his/her free act and deed and the five act and deed of Federal National Mortgage Association a/k/a Fannie Mae, before me, Notary Public - My Commission Expires: T-4- -GORDON bq11'0=-1Pjft I I crunuotaft My bar�ln 0 -or" Noverrtm $A gale Bk 12067 Ps350 014792 06-15-2010 8 10246a After Recording Return Tot 00 RESIDENTIAL MORTM(W SERVICES# INC- ATTNt FINAL DOCU11HUT DEPARTMENT 24 CHRISTOPHER TOPPI DR. 80. PORTL AND , MR 04106 0 law #1 DED1005006536 (Space Above TMS Line FW Reacning Daft] State of Massachusetts MORTGAGE [7'—"251-4283 MIN: 1003167-0002621698-9 THIS MORTGAGE ("Security Instrument") is given on JUNE 11, 2010. The Mortgagarls JOHN KJOROW, KANRXZD MU ('13orrower"). "MERS" Is Mortgage Electron I-- Registration Systems, Inc. MERS Is a separate corporation that is acting solely as a nominee for Lender and Landeessucoessorsandassigns. MERS[sthemortg" under this Security Instrument MERS is organized and eAsting under the laws of Delaware, and has an address and telephone number of PO Box 2026, Flint, Ml 48501-2028, W. (NO) 679-MERS. RESIDENTIAL MORMON SERVICES, INC., A CORPORATION ("Lender") is organized and existing under the laws of x&xNz, and has an address of 24 CHRISTOPHER TOPPI DR., 80. PORTIAND, HE 04106. "Mortgage BrOkW- IS NO NOROGRO BROKER Mortgage Broker's post office address is NO HORx1QM BROKER and Mortgage Broker's license number Is- No mom.Ran B R "Mortgage Loan Originator" Is jason Linscott FHA MetsiaahumM Maftap - 4AS Initialet r. Ili OnIne DowmarcK Im Page i of 6 M14mm— om Bk 12067 Pg351 #1479i LOAN lls DRD1005006336 Mortgage Loan Odginatoes post office address is I Club Acre Lane, Bedford, HE 03110 and Mortgage Loan Originator's license number Is xweeSig Borrower owes Lander the principal sum of * * * * * *Two xtjnvRzD TMEM FOUR THOUSAND EIGHT HUNDRED SZVZNTT ONE AMD Xo/l0o********* Dollars (U.S. 0224,871.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt If not paid earlier, due and payable on JULY 1, 2040. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with Interest and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of this Security Instrument-, and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this Wpose, Soffower does hereby moftage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located In Essex County, Massachusetts: HER LEGAL DESCRIPTION ATTACHED HZRZZO AND MADE A PART HEREOF AS EXHIBIT .A.. which has the address of 27 Marblehead Street, North Andover, Istr". CILY], Massachusetts 01845 (*Property Address"); [Zip Code] TOGETHER WITH all the Improvements now or hereafter erected an the property, and all easements, appurtenances andlixtures, noworhereafterapartafthe property. AN replaoement3and additions shallalso be covered by this Security instrument AN ofthe foregoing Is referred to In this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the Inle as's granted by Borrower in this Secuft Instrument but, If necessary to comply with law or custom, MERS (as nominee for Lander and Lender's successors and assigns) has the right: to exercise any or all of those Interests, Including, but not limited to, the right to foreclose and sell the Property, and to take any action required of Lender including, but not limited to, releasirig and canceling this Security Instrument BORROWER COVENANTS that Borrower Is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except forencumbrances afrecord. Borrowerwarrants andwill defend generally the titletothe Propertyagainst all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenantswith limited variations by Jurisdiction to constitute a uniform security Instrument coveling real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Paymentof Principal, Intsmat and Late Charge. Borrower shall pay when due the principal of, and Interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly payment of Taxes, Insurance and Otlw Charges. Borrower shall Include in each monthly paymenk togetherwith the principal and interest asset forth In the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender mustpay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or In any yearin which such premium would,have been required if Lenderstill held the Security Instrument, each monthly payment "I also Include either (Q a sum for the annual mortgage Insurance pTernIum to be paid by Lander to the Secretary, or (10 a monthly charge instead of a mortgage Insurance premium If this Security Instrument Is hold by the Secretary, in a reasonable amountto be dote... ined by the Secretary. Exceptlor the monthly charge by the Secretary, the" items are called "Escrow Rome" and the sums paid to Lander are called 'Escrow Funds." Lander may, at any time, collect and hold amounts for Escrow Items In an aggregate amount not to exceed the miudmurn amount that may be required for Bonowees escrow account under the Real Estate FHA Manedwom Mor%qp - 4/n initials$ 0" li Ongne Documwft ft. Page 2 of 6 MAEFHADE 0006 Bk 12067 Pg352 #147k LORN to WD1005006536 Settlement Procedures Act of 1974,12 U.S.C. Sedan 2601 at seq. and Implementing regulations, 24 CFR Part 35M, as they may be amended from time to time CRESPAJ, except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments am available In the account may not be based an amounts due for the mortgage insurance premium. If the amounts held by Landerfor Escrow Itemsexceed theamounts permitted to be hold by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts offunds. held by Lender at any time Is not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument It Borrower tenders to Landerthe full payment of all such sums, Borrowees account Shan be credited with the balance remaining for all Installment items (a), (b), and (c) and any mortgage Insurance premium Installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). & Application of Payments. AD payments under paragraphs I and 2 shall be applied by Lender as follows: First to the mortgage insurance premium to be paid by Lander to the Secretary or to the monthly charge by the Secretary instead 01 the monthly mortgage insurance premium; Second to any tam, special assessments, Wasshold payments or ground rents, and Ire, flood and other hazard Insurance premiums, as required; Third, to interest due under the Note; FoUrth to amortization of the principal of the Note; and Fifth. to late charges due under the Note. 4. Fire, Flood and Other Hazand! Insurance. Borrower shall insure all improvements an the Property, whether now In existence or subsequently erected, against any hazards, casualties, and contingencies, Including fire, far which Lender requires insurance. This Insurance shall be maintained In the amounts and for the periods that Lender requires. Borrower shall also Insure all Improvements on the Property, whether now In existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The Insurance policies and any renewals Shall be held by Lenderand shall Include lose payableclauses In favor of, and In a form acceptable to, Lender. In the event of loss, Borrower shag give Lander immediate notice by mall. Lender may make proof of loss 9 not made promptly by Borrower. Each Insurance company concerned is hereby authorized and directed to make paymentior such loss directly to Lander, instead of to Borrower and to Lander jointly. Ad or any part of the Insurance proceeds may be applied by Lender, at b option, either (a) tD the reduction of the Indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order In paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair at the damaged Property, Any application of the proceeds to the principal shag not Wend or postpone the due dateof themonthly paymentewhich arereferred toin paragraph 2, archangetheamountal'such payments. Any exams Insurance proceeds over an amount required to pay all outstanding Indebtednew under the Note and this Security Instrument shall be paid to am entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and Interestof Borrower In and to Insurance policies In force shall pass to the purchaser. & Occupancy, Preservadoon6 Maintenance and Protection of the Prq*rV, Borrower's, Loan Application; Leaselholde. Borrower shall occupy, establish, and use the Property as Borrawar's principal residence within ei* days eflarthe execution of this Security Instrument (or within Sixty days of a later sale or transfer of the Property) and shall continue to occupy the Prop" as Borrower's principal residence far at least am year after the data of occu pancy, unless Lander determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Barrowar's control. Borrower shall notify Landerotany extenuating circumstances. Borrowershall notoommitwasteordestroy. damage or Substantially change the Property orallowthePropertyto deteriorate, ressonablewearand tear excepted. Lender may Inspect the Property If the Property Is vacant or abandoned or the loan is In default Lendermaytake reasonable action to pratectand preserve such vacantorabwWoned Property. Borrower shall also be In default it Borrower, during the loan application process, gave materially false or Inaccurate Information orstatemerristo Lender (orfalledto provide Landervilth anymatartall information) In connection with the loan evidenced by to Note, including, but not limited to, representstions; concerning Bonrower's occupancy of the Prop" as a principal residence. If this Security Instrument is an a lessehold, Borrower "I comply with the provisions olithe lease. if Borrower acquires to title to the Property, the leasehold and fee tift shag not be merged unless Lander agrees to the merger in writing. & Condemnatiom The proceeds of any award or clwm far damages, director consequential, In connection with any condemnation or other taking of any partaf the Property, War conveyance In place of condemnation, are hereby assigned and shall be paid to Lander to the extent of the full amount of the Indebtedness that remains unpaid under the Note and this Security Instrument Lander shall apply such proceeds to the reduction of the Indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied In the order provided in paragraph 3. and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date arl the monthly payments, which are referred to In paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding Indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. FHA UneadMinft Modgep - 4106 Xnitialso onarge Downworft bm Page 3 of 6 MAEFKADE ONO Bk 12067 Pg353 #14792 LOAN #3 DED1005006536 7. ChargestoBorrowerandProtec on of Landees Rights In the Property. Borrower shall pay all governmental at municipal charges, fmas and Impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which Is owed the payment Iffallum to pay would adversely affect Lender's Interest in the Property, upon Lendees request Borrower shall promptly furnish to Lender receipts evidencing these payments. It Borrower falls to make the" payments or the payments required by paragraph 2, or logs to peftm any other covenants and agreements contained in this Security Instrument, orthere is a legal proceeding that may significantly affect Lender's rights In the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay Whatever is necessary to protect the value of the Property and Lendees rights In the Prop", Including payment of taxes, hazard Insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this pam9raph shall become an additional debt of Borrower and be secured by this Security Instrument These amounts shall bow Interest from the date of disbursement at the Note rate, and at the option at Lender, shall be Immediately due and payable. Borrower shall promptly discharge any lion which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment at the obligation secured by the Dan in a manner acceptable to Lender; (b) contests In good faith the Ban by, or defends against enforcement of the lion in, legal proceedings which in the Lander's opinion opwate to prevent the enforcement of the Ban; or (c) secures from the holder of the ron an agreement satisfactory to Lander subordinating the lion to this Security Instrument If Lender determines that any part of the Property is subjed to a lien which may attain Priority overft Security Instrument, Lender may give Borrower a notice Identifying the ran. Borrower shall sadsly the Ban or take am or more of the actions set forth above within 10 days ol to giving of notice. & Fee& Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretsfy, in the case of payment defaults, require Immediate payment In full of all sums secured by this Security Instrument If: (1) Borrower defaults by failing to pay In full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment or VQ Borrower delaults by failing, for a period of thirty days, to perform any other obligations contained In this Security Instrument. (b) Sale Witimmit Credit Approval. Lender shall, If permitted by applicable law (including Section $41 (d) of the Garn-St Germain Depository Institutions Act of 1952, 12 U.S.C. 1701J -3(d)) and With the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument it (Q AD or pad of the Property, or a beneficial interest in a trust owning all or part of the Property. is sold or otherwise transferred (other than by devise or descent), and (9) The Propwty Is not occupied by the purchaser or grantse, as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved In accordance with the requirements of the Secretary. (c) No Waiver. Rcircurnstances occurthatwouid permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not walve Its rightswith respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lenders rights, In the case of payment dalaulls, to require Immediate payment In lull and foreclose I not paid. 7his Security Instrument does not authorize acceleration or foreclosure If not permit by regulations of the Secretary. (a) Mortgage Not Insured. Borrower, agross that it this Security Instrument and the Note we not determined to be eligible for Insurance under the National Housing Act within 00 days from thedate hereof, Lender may, atits option, require Immediate paymentinfull of all sums secured by this Security Instrument Awrktten statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hered, declining to Insure this Security Instrument and the Note, shall be deemed conclusive proof of such Ineligibility. Notwithstanding theforegoing, this option may not be exercised. by Lender when the unavailability of Insurance Is solely due to Lendees failure to remit a mortgage Insurance premium to the Secretary. 10. Reinstatement, Borrower has a right to be reinstated If Lender has required Immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies am after foreclosure proceedings are Instituted. To reinstate the Security Instrument Borrower shall tender in a lump sum all amounts required to bring Bonowees, account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and custornarj attorneys' few and expenses properly associated with the foreclosure roceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures all remain in effect as If Lender had not required Immediate payment In full. However, Lender Is not required to permit reinstatement If: (0 Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years Immediately preceding the commencement of a current foreclosure procsWing, M reinstaternardwill precludeforeclosure an diflerentgrounds In ftfuture, or @Q reinstatement will adversely affect the priority of the ban created by this Security Instrument 11. Borrower Not Released; Forbearance By Lender Not a Walver. lExtenslon of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lander to any successor In Interest of Borrower shah not operate to release the liability of the original Borrower or BomwWs successor In interest Lender shall not be required to commence proceedings FlUMS"MMUSUMMOWP-4/96 ruitialas 0"4 Odna Docunm- hm Page 4 of 6 MAEFHADE 0800 Elk 12067 Pg354 #14792 L4" #s 13=1005006S36 against any successor In Interest or refuse to extend tirnefor payment or otherwise modify amortization afthe sums secured bythis Security Instrumentby reason of any demand made by the oftinal Borrowm or Borrower's successors In Interest Any forbearance by Lender In exercising any right or remedy shall not be a walver of or preclude the exercise of any right or remedy. 12. Successare and Assigns Bound; Joint and Several Uablitty; Co -Signers. Tho'covenants and agreements ofthis Security Instrumentshall bind and benefit the succeswreand assigns of Lender and Borrower, subject tothe provisions of paragraph 9(b). Borrower's covenants and agreements shall bejolntand several. Any Sorrowerwho cc-signethis Security Instrument butdoes notaxecute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrowees Interest In the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agreeto extend, modify, lorbearormake any accommodationswith regardtotheterms olthis Security Instrument or the Note without that Borrower's consent I& Notice& Any no** to Borrowerprovided for in this Security Instrumentshall be given bydeWaUV It or by malling it by firatclass mail unless applicable law requires use of another method. The notice &list be directed to the Property Address or any other address Borrower designates by notes to Lender. Any notice to Lender shall be given by first class mall to Lander's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for In this Security Instrument shall be deemed to have bow given to Borrower or Lender when gh(en as provided In this paragraph. 14. Governing Law, Severablifty.7his SeCurtly Instrument shall be governed by Federal law and the lawaftheMiscliction Inwhich the Property Is locatsci. In the everitthat arryprovislon or clause ofthIs Security Instrument or the Note conflicts whh applicable law, such conflict shall not affect o1her provisions of this Security Instrument or the Note which can be given effiect without the conflicting provision. To this end the provisions of this Security Instrument and the Note we declared to be severable. 15. BoneweesCopy. Borrower shall be given one conformed copy al the Note and ofthis Security Instrument, 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances an or in the Property. Borrower shall not do, nor allow anyone 9" to do, anything affecting the Property that is In violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any Investigation, claim, demand, lawsuit or other action by any govemmental or regulatory agency or private party Involving the PropwV and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower leams, or Is notified by any governmentall or regulatory authority, that any removal or other remedlatlon of any Hazardous Substances affecting the Property Is nacassM, Borrower shall promptly take all necessary rernedial actions In accordance with Environmental Law. As used in this paragraph I G, "Hazardous Substances' are those substances defined as toxic or hazardous substances by Environmental Low and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used In this paragraph 16, "Environmental Law* means federal laws and laws of the jurisdiction where the Property Is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lander further covenant and agree as follows: 17. Assignment of Rerft Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Landoes agents to collect the rants and revenues and hereby directs each tenant of the Property to paythe rents to Lander or Lender's agents. However, prior to Lender's nodoe to Borrower of Borrower's breach of any covenant or agreement In the Security Instrument, Borrower shall coned and receive all rants and revenues or the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. IfLandergives noticeolbreachto Borrower: (a) allrents received by Borrowershall be hold by Borrower astrusteeforbonelitof Lenderonly� tobeapplied tothesurnssecured bythe Securtlyinstrument; (b) Lender shall beentilledto collectand receive all of the mntscf the Property; and (q) each tenantafthe Property shall pay all rents due and unpaid to Lander or lander's agent on Lenclees written demand to the tenant. Borrower has not executed any prior assignment of the rants and has not and will not perform any act that would prevent Lander from exercising Its righti under this paragraph 17. Lander shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lander or a judicially appointed receiver may do so at any time there Is a breach, Any application of rents shall not cure orwalve any derault or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall termInatewhen the debt secured by the Sacurity Instrument is paid in full. 1& Foreclosure Procedure. If Lender requires Immediate payment In full under paragraph 9, Lander may Invoke the STATUTORY POWER OF SALE and any othar remedies permitted by applicable law. Loader "I be entitled 1A "led all expense* Incurred In pursuing ft remedies provided In this paragraph 18, Iml uding, but not limited to, reasonable aftirnsyre fees and costs of We evidence. If Lander Invokes the STATUTORY POWER OF SALE, Lander shall mail a copy of a notice of sale to Borrower, and to other persons proscribed by applicable law, In the manner provided by FHA U2900GIVADIft NOYIPW- 4/96 zaitislal onkmDocunw, by-, Page 5 of 6 Bk 12067 Pg355 #14792 LOU lis MD1005006536 applicable law. Lender shall publish the nod** of Sale, and the Property shall be Sold In the manner prescribed by applicable law. Lender or Its designee may purchase the Prop" at any sale. The proceeds of the Sale shall be applied In the following order (a) to all expens" of the sale, Including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument, and (o) any excess to the person or persons legally entitled to IL If the Lander's Interest In this Security Instrument I* hold by the Secretary and the Sears" requires Immediate payment In full under Paragraph 9. the Secretary may Invoke the nonjudlohd power of sale provided In the Single Family Mortgage Foreclosure Act of 1994 (,Acn (12 U.S.11 3751 at seq.) by requesting a foreclosure commissioner designated under the Act to corn as foreclosure and to sell the Property as provided In the AcL Nothing In the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Raises& Upon payment at all sums Secured by this Secuft Instrument, Lender shall discharge this Security Instrumentwithout charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower waives all rights of homestead exemption In the Property and relinquishes all rights of curtesy and dower In the Property. 21. Riders to this Security Instrurneft N one or more riders are executed by Borrower and recorded together with this Security Instrumen% the covenants of each such rider shall be Incorporated into and shall amend and supplement the covenants and agreements of th Is Security Instrument as If the rider(s) were a part of this Security Instrument [Check applicable box(es)] =Condominium Rider =Growing Equity Rider =Planned UnitDavelopmentRicler = Graduated Payment Rider = Other(s) Ispecityl 13Y SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesser 0 (Beal) d Njoroge - 4104' C00010nVealtiz of MASSACHUSETTS County of HIM"$ it, 98 Essex On this I day of June 2010 before me, the undersigned notary puba, personally appeared 3;9; Kjroge, proved to as through satisfactory evidence of identification, which were to be th person whose nasis is signed on th4 p3F*c*dLQ1 or attached dooment, and Lknowledged to as that (be) (she) Signed it voluntarily for its stated purpose. (as (as (as (as partner for , a partnership) for a corporation) attorney in Not -for the principal) for (a) (tW N*tary Sig! lature my comission expires FHA 10108"dumft Monpp- 4106 On** Dommsnto� hr- Page 6 of 6 MAEFHADE 09M Bk 12067 Pg356 #14792 Exhibit A - Property Description Closing Date: 06/11/2010 Borrower(s): John Njoroge Property Address: 27 Marblehead Street, North Andover, MA 01845 A certain tract of land, with the buildings and improvements thereon, situate in North Andover, Essex County, Massachusetts, bounded and described as follows: EASTERLY by the westerly line of Marblehead Street fifty (50) feet; SOUTHERLY by land now or formerly of Charles W. Phelps, one hundred ninety (190) feet; WESTERLY by lot numbered eighty-two (82) on plan of Greene Farm, fifty (50) feet; and NORTHERLY by land now or formerly of Mary A. Josselyn, one hundred ninety (190) feet. Original plan of Greene Farm recorded in the Essex County, Southern District, Registry of Deeds in Book 708, Page 300; a copy of which is recorded in the Essex county, Northern District, Registry of Deeds in Copies of Plans No, 26. e)7r. 1-1) E-Clazing: MCHIBIT-A File: 2010-10866 June 10. 2010 Summit Title Services Corp