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North Andover Board of Assessors
MMW,kl
746roperty Record Card
Parcel ID :210/008.0-0024-0000.0 FY:2010 Community: North Andover
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PHOTO
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,-'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
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MASSACHUSETTS PROPERTY INSURANCE UNDERWRITING ASSOCIATION
Two Center Plaza
Boston, Massachusetts 02108-1904
(617) 723-3800 Ma OnIv (800) 392-6108, FAX (800) 851-8424
4/3/2013
Form of Notice of Casualty Loss to Building RECEIVED
Under Mass. Gen. 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 $1000.00 or cause Massachusetts General Laws, Chapter 143, section 6 to be applicable. Ifany
n otice under Massachusetts General Laws, Chapter 139, Section 313 is appropriate, please direct it to the
attention of the writer and include a reference to the captioned insured, location, policy number, date of loss
and claim or file number.
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,%ORT#1
CRU HEALTH DEPARTMENT,
Complaint/investigation Intake Report - Taken by:
Date of Report: - 2- e)le$
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:
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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
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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
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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
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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