HomeMy WebLinkAboutMiscellaneous - 288 WINTER STREET 4/30/2018 (2)_r
Location f�
No. Date .r C
�ORTM TOWN OF NORTH ANDOVER
O:t�•o :• �q.0
L
9
_=�_. ,s •
Certificate of Occupancy $
s�CwUs 17-
Building/Frame Permit Fee $ p
Foundation Permit Fee $
Other Permit Fee $
TOTAL $ 7®
Check # /S cel
�� Building Inspector
TOWN OF NORTH ANDOVER
BUILDING DEPARTMENT
APPLICATION TO CONSTRUCT REPAIR, RENOVATE, OR DEMOLISH A ONE OR TWO FAMILY DWELLING
t'e I-
BUILDING PERMIT NUMBER: DATE ISSUED:
SIGNATURE:
Building Commissioner/I for of Buildings Date
SECTION 1- SITE INFORMATION
1.1 Property Address: ,� ° u,\
O' 9G(�J 1.amS+
1.2 Assessors Map and Parcel Number: 1
Map umber Parcel Number
k„l/I , n r
NoV�
1.31.3 Zoning Information:
Zoning Distid Proposed Use
1.4 Property Dimensions:
Lot Area (so Frontage ft
1.6 BUILDING SETBACKS ft
Front Yard Side Yard
Rear Yard
Required Provide RegWred Provided
Required Provided
1.7 Water Supply M.G.L.C.40. 541 1.5. Flood Zone Information:
Public ❑ Private ❑ Zone Outside Flood Zone 0
1.8 Sewerage Disposal System:
Municipal ❑ On Site Disposal System 0
SECTION 2 - PROPERTY OWNERSHIP/AUTHORIZED AGENT
2.1 Owner of Record
Name (Print) Address for Service
q�g (og67��o
Signature Telephone
2.2 Owner of Record:
arae Print Address for Service:
Signature Telephone
SECTION 3 - CONSTRUCTION SERVICES
3.1 Licensed Construction Supervisor:
Licensed Construction Supervisor:
Address
Signature Telephone
Not Applicable ❑
License Number
Expiration Date
3.2 Registered Home Improvement Contractor
Not Applicable ❑
Company Name
O SfN � / 0
J �o
Registration Number
-7,14.
ess
" w78 � � 3 4�)-0
Si nature Telephone
Expiration Date
T
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X
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90
Mn
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0
SECTION 4 - WORKERS COMPENSATION (M.G.L. C 152 § 25c(6)
Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result
in the denial of the issuance of the building permit.
Signed affidavit Attached Yes .......❑ No ....... ❑
SECTION 5 Description of Proposed Work (checkk,all applicable)
New Construction ❑ Existing Building Repair(s) ❑ Alterations(s ❑ I Addition ❑
Accessory Bldg. ❑ Demolition ❑ Other ❑ r Spe fy s
Brief Description of Proposed Work:
I SECTION 6 - ESTIMATED CONSTRUCTTON COSTS I
Item
Estimated Cost (Dollar) to be
Completed by permit applicant
OFFICIAL USE ONLY
1. Building
(a) Building Permit Fee
Multiplier
2 Electrical
�I� d p, (gyp
(b) Estimated Total Cost of
Construction
3 Plumbing
Building Permit fee (a) X (b)
? 0
4 Mechanical HVAC
5 Fire Protection
6 Total 1+2+3+4+5
174400- D o
Check Number
SECTION 7a OWNER AUTHORIZAVON TO BE COMPLETED WHEN
OWNERS AGENT OR CONTRACTOR APPLIES YOR BUILDING PERMIT
I, as Owner/Authorized Agent of subject property
Hereby authorize to act on
My behalf, in all matters relative to work authorized by this building permit application.
Signature of Owner Date
SECTION 7b OWNER/AUTHORIZED AGENT DECLARATION
1, ba U l d C'� S-�r i C'0yt� As Owner/Authorized Agent of subject
property
Hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge
and belief
.DA u i d�'--
Pri e
Cot 4—z
Signature of Owner/A ent Date
NO. OF STORIES SIZE
BASEMENT OR SLAB
SIZE OF FLOOR T ABERS iST2 ND3 RD
SPAN
DIMENSIONS OF SILLS
DIN ENSIONS OF POSTS
DIMENSIONS OF GIRDERS
HEIGHT OF FOUNDATION THICKNESS
SIZE OF FOOTING X
MATERIAL OF CFMVMY
IS BUILDING ON SOLID OR FILLED LAND
IS BUILDING CONNECTED TO NATURAL GAS LINE
I
rl& Commonweafth of Wa ssachusew
'Department of Indxtria-r Z-- dents
4 Office of Investatims
600 Washington Street
Boston, MA 02111
Workers' Compensation Insurance Affidavit
APPLICANT INFORMATIONc Please PRINT Legibly
Name:
Location:
City: o J4 Telephone #: 8 'ld So
D I am a homeowner performing all work myself.
D I am sole proprietor and have no one working in my capacity
D I am an employer providing workers' compensation for my employees working on this job
Company Name: P A v i D C14A S T R. ii Ce Al F !R 0 0 r- I A16 +- S Al G, �N G
Address: .200,S u TRA/ sa SLU,%'�i A,'
City: ! AA D 0 V 6K Telephone #:
Insurance Y�
Com an h i/ •l Policy #: V YV G 0 6 Q T 0 0 0/ A 60
Company:
D I am (circle one) sole proprietor, general contractor or homeowner and have hired the contractors listed below who have the following
workers' compensation policies:
Company Name:
Address:
City: Telephone #:
Insurance Company: Policy #:
Company Name:
Address: _
City: Telephone #:
Insurance Company: Policy #:
Attach additional sheet if necessary
Failure to secure coverage as required under Section 25A of MGL 15B can lead to the imposition of criminal penalties of a fine up to 11,500.00
and/or one years' imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of $100.00 a day against me. I
understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification.
I do hereby certify under the pains andpenalties ofperjury that the information above is true and correct
Signature: 'n r Date: c�+ /�
Print Name: 1A vi t C�k S 1:9 Ci0 /IIr Phone # 1 it to e3- 3 q Io _
Official Use ONLY - Do not write in this area
o Building Department
City or Town: Permit/License #: in Licensing Board
o Selectmen's Office
o Health Department
13 Check if Immediate response is required o Other
INFORMATION & E\'STRUCTIONS
If
Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' com compensation
for their employees. As quoted from the "law" an employee is defined as every person in the service p
1.under any contract of hire, express or implied, oral or written. ice of another
An employer is defined as an individual, partnership, association, corporation or other legal;entity, or an two
or more of the foregoing engaged in a joint enterprise, and including'the legal representatives of a deceased
employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing
employees. However the owner of a dwelling house having not more than three apartments and who reside
therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction
or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of
such employment be deemed to be an employer.
MGL chapter 152 section 25 also states that.every, state or local:liEensing agency shall withhold the issuance
or renewal of a license or pe'rmif to operate a business or to construct buildings in the commonwealth for
any applicant who has not produced acceptable. evidence. of compliance with the insurance coverage
required. Additionally, neither the. commonwealth nor any of.its political subdivisions shall enter into any
contract for the performance of public -Work until acceptable evidence of compliancewith the insurance
requirements, of this chapter~ have been presented to the contracting authority.
Applicants `
Please fill in the workers' compensation affidavit completely, by checking the.box that applies to your situation
and supplying company names, address and phone numbers as all affidavits may be submitted to the
Department of Industrial Accidents for. confirmation of insurance coverage. Also be sure to sign and date the
affidavit. The affidavit should be returned to the city or town that the application for the permit or license is
being requested, not the Department of Industrial Accidents. Should you have any questions regarding the
"law" or if you are required to obtain a workers' .compensation policy, please call the Department at the
listed below. number
City or Towns
Please be sure that the affidavit is complete and printed legibly. The Depant has provided a spaat
bottom of the affidavit for you to fill out in the event the Office of Investirtmegations has to .ce the
contact you reQardin
the applicant. Tlease be sure to fill in the permit/lie nse number whi
eturnech will be used as a reference num g
affidavits may be rd to the Department by mail or FAX unless other arrangements have been made. The
The Office of Investigations would like to thank you in advance for your cooperation and should ou hav
questions, please do not hesitate to give us a call. Y e any
The Department's address, telephone and fax numher:
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 Washington Street
Boston, MA 02111
Fax # (617) 727-7749
Telephone # (617) 727-4900 . ext. 406, 409, or 375
11
Town of North Andover
Building Department
27 Charles Street
North Andover, Massachusetts 01845
(978) 688-9545 Fax (978) 688-9542
DEBRIS DISPOSAL FORM
f t,ORT}i
.1��O�tt`so �6�MO
04.
a°R1Teo �Po-,�.(9
�SSACHUSI �
In accordance with the provisions of MGL c 40 s 54, and a condition of
Building permit 4 the debris resulting from the work shall be disposed
of in a properly licensed solid waste disposal facility as defined by MGL cl 1, s150a.
The debris will be disposed of in /at:
1
Facility location
Signature of Applicant
Date
NOTE: A demolition permit from the Town of North Andover must be obtained for this
project through the Office of the Building Inspector.
Board of Building Regulations and Standards
HOME IMPROVEMENT CONTRACTOR
Registration: 104569
Expiration: 7114/2006
Type: Private Corporation
DAVID CASTRICONE ROOFING, SIDING &
David Castricone
7 Hillside Road
Bo)dord, MA 01921 Administrator
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Location c� !J jq JAI/ fA"j T lz-
No. �% L/8 Date
r►ORTM TOWN OF NORTH ANDOVER
• . a OL
9
Certificate of Occupancy $
CHus
�7s'•• tt�' Building/Frame Permit Fee $
s�cM
Foundation Permit Fee $
Other Permit Fee $
TOTAL $ low -
Check
Check # t
�1
i U3u7
wrc..,.,
-� Building Inspector
'• TOWN OF NORTH ANDOVER
BUILDING DEPARTMENT
APPLICATION TO CONSTRUCT REP RENOVATEy OR DEMOLISH A ONE OR TWO FAMILY DWELLING
M&h1'Qti�
BLUDING PERMIT NUMBER:�y f DATE ISSUED:
SIGNATURE: /Wff
Building CommissiTne—fflnsr6ctor of Buildings Date
SECTION 1- SITE INFORMATION
1.1 Property Address; ( I
1.2 Assessors Map and Parcel Number:
1 A�o
0,
Map umber
Parcel Number
1.3 Zoning Information:
1.4 Property Dimensions:
Zoning District Proposed Use
Lot Area
Fronts ft
1.6 BUILDING SETBACKS 00
Front Yard Side Yard
Rear Yard
Required Provide Required Provided
Required Provided
1.7 Water Supply M.G.L.C.40. 54) 1.5. Flood Zone Information:
zonO Ovide Flood Zone ❑
1.8 Sewerage Disposal System:
Municipal ❑ On Site Disposal System ❑
public ❑ Private ❑
SECTION 2 - PROPERTY OWNERSHIP/AUTHORIZED AGENT
'int iof: Yes P !o
2.1 Owner of Record
Name (Print) Address for Service
St'gnatpre Telephone
2.2 Owner of ecord:
r
ame Print Address for Service:
}
Si ature Tele on
SECTION 3 -CONSTRUCTION SERVICES
3.1 Licensed Construction Su rvisor:
�✓ l �1M
Not Applicable ❑
Licensed Construction Supervi r:
00 172L1
`
License Number
/1 )4n c
Address �l
316—10("
p �D� C
Expiration ate
Signature Telephone
q 713 66 7-70&X
3.2 Registered H e Improvement Contractor
Not Applicable ❑
jig
% De -5 I
Company Name
Registration Number
J 6 l`A,4
O a _ (gyp [i" �
` v
Addres
y 7 (�
Exp;ration ate V/
Sign re __ Tel hone
A
y
SECTION 4 - WORKERS COMPENSATION (M.G.L C 152 § 25c(6)
Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result
in the dal
eniof the issuance of the buildma oermit
Signed affidavit Attached Yes .......0 No ....... 0
SECTION 5 Description of Pro posed Workcheck all atioNcalilt
New Construction ❑ Existing Building ❑ Repair(s) ❑ Alterations(s) ❑ Addition ❑
Accessory Bldg. ❑ Demolition ❑ Other ❑ Specify
Brief Description of Proposed Work:
lX lQ�-iL
I SECTION 6 - ESTIMATED CnNCTRTTrTinM VncTe
Item Estimated Cost (Dollar) to be
Comp eted by permit applicant
OFFICIAL USE ONLY
1. Building
3 3 O
(a) Building Permit Fee
Multiplier
2 Electrical
(b) Estimated Total Cost of
Construction
3 Plumbing
Building Permit fee (a) x (b)
4 Mechanical (HVAC)13d
5 Fire Protection
6 Total 1+2+3+4+5
QL�l�T7A1T ^I_ A{111Tf}T •rTTrTATrif ..n���. ...
Check Number
{,vl{Ir, LL' I EII WrMi'll
OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT
1•—�=�� �� ✓ �'r+ �4 as Owner/Authorized Agent of subject property
Hereby authorize to act on
My
be f -,-in all matters relative to work authorized by this building permit application
Signature of Owner Date
SECTION 7b OWNER/AUTHORIZER AGENT DECLARATION
property — " as Owner/Authorized Agent of subject
property
Hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge
and belief J
Print Name //
NO. OF STORIES SIZE
BASEMENT OR SLAB
SIZE OF FLOOR TIMBERS i' 2 ND 3RD
SPAN
DMIENSIONS OF SII,LS
DIMENSIONS OF POSTS
DM ENSIONS OF MDERS
HEIGHT OF FOUNDATION THICKNESS
SIZE OF FOOTING X
MATERIAL OF CHIMNEY
IS BUILDING ON SOLID OR FILLED LAND
IS BUILDING CONNECTED TO NATURAL GAS LINE
t
FORM U - LOT RELEASE FORM
INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from
Boards and Departments having jurisdiction have been obtained. This does not relieve
the applicant and/or landowner from compliance with any applicable or requirements.
APPLICANT FILLS OUT THIS SECTIO
l,// APPLICANT,
LOCATION: Assessors Map Number / p
SUBDIVISION
STREET—2 c J ► h
OFFICIAL USE ONL
PARCEL (; C'
LOT (g)
ST. NUMBER_
LM E TI TOWN S:
c--�CO ERV ION ADMINISTRA OR DATE APPROVED
DATE REJECTED
COMMENTS S 11144 %
OWN PLANIMR DATE APPRV
OED S p
DATE REJECTED
COMMENTS
FOOD INSPECTOR -HEALTH DATE APPROVED
DATE REJECTED
SEPTIC INSPECTOR -HEALTH DATE APPROVED
DATE REJECTED
COMMENTS
0�
PUBLIC WORKS - SEWER/WATER CONNECTIONS
DRIVEWAY PERMIT
FIRE DEPARTMENT
RECEIVED BY BUILDING INSPECTOR DATE
Narr>.
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of lnves gdkns
Boston, Mass. 02111
Workers' Compens don Insurance Affidavit
Please Print
Sft No, A-1, c1!o d 4r' 04A Phone 279 LA'7— 70 (r,
1 am a homeowner Worming all work myself.
a n a sob proprietor and have no one working in any capadty
0 1 am an employer providng workers' compensallon for my employees worldng on this job.
MEW"- -E Palms
FoUs to lean caverape • regLd under Sedbn 25A or MOt.152 cm lead to dw krpoaMm d crkr*rel panaVw d,a fku up to $1,5W.W
andforoneyweinprlaarr.ent_aa.rral_aa_doll.pa vbnJn bsh=dAB1 VAORKORDERmdAftd(tiIMAMAdayapWWma 1
undwatand that a copy of this stdons s may 4f0rwerded to the OMW d lnvMtlpakm of the DIA for coverepe vwftg&m.
I do hereby cW* w4ar ft *W and *wo &POlury that NN krlbrmOm p mi*d Man Is bur and carnet
Print
official use only do not writs In this area to be completed by dty or tarn offidar
Cky or Town
71 (am-7D(I
❑ Buildb'fp Dept
C]Check M knmediafe nwpome IS required 13 Ltmakg Board
p Selectmen's Ofte
Confect person: Phone t ❑ HeeM Dep81bWnt
0 Other
..;'.1!p 1.1;J11
1,L
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-PEf E :P TO N.E.P. o. oG4n/ '`.Si4S
r ci7f..��
CYR ENGINEERING SERVICES INC.
300 CANAL STREET
LAWRENCE , MASSACHUSETTS
NOTE: THIS IS NOT A SURVEY AND IS TO BE USED FOR MORTGAG!
PURPOSES ONLY.
N.B.- DO NOT USE OFFSETS FOR ESTABLISHING LOT LINES FOR
ERECTION OF FENCES, WALLS, HEDGES, ETC.
I HEREBY CERTIFY THAT THE BUILDING ON THIS PROPERTi
LOCATED AS SHOWN ON PLAN AND DOES NOT COMPLY WITH THE ZO1
SET BACK REQUIREMENTS OF THE TOWN OF NORTH ANDOVER.
I FURTHER CERTIFY THAT THE ABOVE PROPERTY IS NOT LOG
IN A FLOOD PLAIN ZONE.
"NOTE: STREET SET BACK REQUIREMENT IS THIRTY FEET.
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05/02/05 15:13 FAX 207 755 4239 BANINIORTH RECORDS
ComnionweaRh or Mamachusem Space Above This Line For Recording Data
OPEN END MORTGAGE
(With Future Advance Clause)
0002
1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is .Augusl..6-2004....................... and the
panics, their addresses and tax identification numbers, if required, are as follows:
MORTGAGOR:
John A Smith, Julie M Smith,
288 Winter St
North Andover, MA 01845
❑ If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and
acknowledgments -
LENDER: Banknorth, N.A.
One Portland Square, Portland, ME 04101
2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, upon the
statutory condition, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security
Instrument, Mortgagor grants, bargains, conveys, sells, and mortgages to Lender, with the power of sale and mortgage
covenants, the following described property:
Please see attached "Schedule A" for detailed property description.
The property is located in ...... Essex............................... at ... 288. Winter St ........................
(County)
....................... ................................................North Andover...__------, Massachusetts .....0.1..Q45......
(Address) (City) (ZIP Code)
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights,
ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at
any time in the future, be part of the real estate described above (all referred to as "Property").
3. IMAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not
exceed $ .................35.1.400.(10.................... This limitation of amount does not include interest and other fees and
charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the
terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security
Instrument.
4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows:
A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described
below and all their extensions, renewals, modifications or substitutions. (You must specifically identify the debts)
secured and you should include the final maturity date of such debr(s).)
Home Equity Line of Credit Agreement and Disclosure Statement dated 08/06/2004 for $351400
with a maturity of 8/6/2024
MASSACHUSETTS - HOME EOUITv LINE OF CREDIT MORTGAGE (NOT FOR FNMA, FHLMC, FHA OF VA USE)
®1994 eankm Systems, vrc.. Sl. Clouo, MN form OCP-REMTO-MA 1019198 t
♦__ u. co^i0e'r � �
05/02/05 15:13 FAX 207 755 4239 BA\TffiVORTH RECORDS 2003
B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory
note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security
Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security
Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations
that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future
advances and other future obligations are secured by this Security Instrument even though all or part may not yet be
advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument.
Nothing in this Security instrument shall constitute a cortunitment to make additional or future loans or advances in any
amount. Any such comnnitment must be agreed to in a separate writing.
C. All other obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including,
but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender.
D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the
Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security
Instrument.
In the event that Lender fails to provide any necessary notice of the right of rescission with respect to any additional
indebtedness secured under paragraph B of this Section, Lender waives any subsequent security interest in the Mortgagor's
principal dwelling that is created by this Security Instrument (but does not waive the security interest for the debts referenced
in paragraph A of this Section).
MORTGAGE COVENANTS. Mortgagor agrees that the covenants in this section are material obligations under the Secured
Debt and this Security Instrument. If Mortgagor breaches any covenant in this section, Lender may refuse to make additional
extensions of credit and reduce the credit limit. By not exercising either remedy on Mortgagor's breach, Lender does not waive
Lender's right to later consider the event a breach if it happens again.
Payments. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms
of the Secured Debt and this Security Instrument.
Prior Security Interests. With regard to any other mortgage, deed of trust, security agreement or other lien document that
created a prior security interest or encumbrance on the Property, Mortgagor agrees to make all payments when due aid to
perform or comply with all covenants. Mortgagor also agrees not to allow any modification or extension of, nor to request any
future advances under any note or agreement secured by the lien document without Lender's prior written approval.
Claims Against Title. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities,
and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices
that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property
against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested
by Lender, any rights, claims or. defenses Mortgagor may have against parties who supply labor or materials to maintain or
improve the Property.
Property Condition, Alterations and Inspection. Mortgagor will keep the Property in good condition and make all repairs
that are reasonably necessary. Mortgagor shall not Commit or allow any waste, impairment, or deterioration of the Property.
Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written
consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written
consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or
damage to the Property.
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the
Property_ Leander shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the
inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on
Lender's inspection.
Authority to Perform. If Mortgagor fails to perform any duly or any of the covenants contained in this Security Instrument,
Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign
Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an
obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights
under the law or this Security Instrument.
Leaseholds; Condominiums; Planned Unit Developments. Mortgagor agrees to comply with the provisions of any lease if
this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development,
Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned
unit development,
Condemnation. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to
purchase or take any or all of the Property through condemnation, eminent domain, or any other means, Mortgagor authorizes
Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the
proceeds of any award or claim for damages connected with a condemnation or other taking of all or any pan of the Property.
Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of
proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document.
Insurance. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably
associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods
that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval,
which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at
Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where
applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance.
Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender
all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier
and Lender_ Lender may make proof of loss if not made immediately by Mortgagor. f
rpa/g f
01994 Bank— SySlamc, Inc., SI, Cloud, MN Fa 0CP-HEMTG-MA I QJBIS' 1
Ann #: 683887
J
05/02/05 15:13 FAX 207 755 4239 BANI(NORTH RECORDS 0 004
Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the
Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or
postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the
Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from
damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the
acquisition.
Financial Reports and Additional Documents. Mortgagor will provide to Lender upon request, any financial statement or
information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or
certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this
Security Instrument and Lender's lien status on the Property.
6. DUE ON SATE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable
upon the creation of, or contract for the creation of, a transfer or sale of the Property, This right is subject to the restrictions
imposed by federal law (12 C.F.R. 591), as applicable.
7. DEFAULT. Mortgagor will be in default if any of the following occur:
Fraud. Any Consumer Borrower engages in fraud or material misrepresentation in connection with the Secured Debt that is an
open end home equity plan.
Payments. Any Consumer Borrower on any Secured Debt that is an open end home equity plan fails to make a payment when
due.
Property. Any action or inaction by the Borrower or Mortgagor occurs that adversely affects the property or Lender's rights in
the Property. This includes, but is not limited to, the following: (a) Mortgagor fails to maintain required insurance on the
Property; (b) Mortgagor transfers the Property; (c) Mortgagor commits waste or otherwise destructively uses or fails to
maintain the Property such that the action or inaction adversely affects Lender's security; (d) Mortgagor fails to pay taxes on
the Property or otherwise fails to act and thereby causes a lien to be filed against the Property that is senior to the lien of this
Security Instrument; (e) a sole Mortgagor dies; (f) if more than one Mortgagor, any Mortgagor dies and Lender's security is
adversely affected; (g) the Property is taken through eminent domain; (h) a judgment is filed against Mortgagor and subjects
Mortgagor and the Property to action that adversely affects Lender's interest; or (i) a prior lienholder forecloses on the
Property and as a result, Lender's interest is adversely affected.
Executive Officers. Any Borrower is an executive officer of Lender or an affiliate and such Borrower becomes indebted to
Lender or another lender in an aggregate amount greater than the amount permitted under federal laws and regulations.
8. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security Instrument, Lender
may accelerate the Secured Debt and foreclose this Security instrument in a manner provided by law if Mortgagor is in default.
In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure, or other
notices and may establish time schedules for foreclosure actions.
At the option of the Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become
immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter.
Lender shall be entitled to, without limitation, the STATUTORY POWER OF SALE.
The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is
accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of
any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Under's right to later
consider the event a default if it happens again,
9. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Mortgagor breaches any
covenant in this Security Instrument, Mortgagor agrees to pay all expenses Lender incurs in performing such covenants or
protecting its security interest in the Property. Such expenses include, but are not limited to, fees incurred for inspecting,
preserving, or otherwise protecting the Property and Lender's security interest. These expenses are payable on demand and will
bear interest from the date of payment until paid in full at the highest rate of interest rate in effect as provided in the terms of
the Secured Debt- Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting
Lender's rights and remedies under this Security Instrument. Ibis amount may include. but is not limited to, reasonable
attorneys' fees, court costs, and other legal expenses. To the extent permitted by the United States Bankruptcy Code,
Mortgagor agrees to pay the reasonable attorneys' fees Lender incurs to collect the Secured Debt as awarded by any court
exercising jurisdiction under the Bankruptcy Code. This Security Instrument shall remain in effect until released- Mortgagor
agrees to pay for any recordation costs of such release.
10. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means,
without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601
et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, auorney general opinions or
interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous
Substauce means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which
render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term
includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or
"hazardous substance" under any Environmental Law,
Mortgagor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located,
stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that
are generally recognized to be appropriate for the normal use and maintenance of the Property_
B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and
shall remain in full compliance with any applicable Environmental Law,
C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under
or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event,
Mortgagor shall take all necessary remedial action in accordance with any Environmental Law.
<` •t r y
01994Banmrs Syseems, Inc., Se PaiO. enN Form OCPREMTG-MA 10!9198
A— 4. R09RR7
05/02/05 15:14 FAX 207 755 4239 BANffi'ORTH RECORDS 2005
D.Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or
threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or
the violation of any Environmental Law.
11. ESCROW FOR TAXES, ASSESSMENTS, AND INSURANCE. Unless otherwise provided in a separate writing,
Mortgagor will not be required to pay to Lender funds for taxes, assessments, and any required insurance in escrow.
12. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this
Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt,
Mortgagor does so only to mortgage Mortgagor sinterest in the Property to secure payment of the Secured Debt and Mortgagor
does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and
Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against
Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti -deficiency or
one -action laws. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of
Mortgagor and Lender.
13. SEVERABILITY; INTERPRETATION. This Security Instrument is complete and fully integrated. This Security Instrument
may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement
related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly
permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its
terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever
used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security
Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is
of the essence in this Security Instrument.
14, NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to
the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to
one mortgagor will be deemed to be notice to all mortgagors.
15. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all appraisement and homestead exemption rights
relating to the Property.
16, LINE OF CREDIT. The Secured Debt includes a revolving line of credit. Although the Secured Debt may be reduced to a
zero balance, this Security Instrument will remain in effect until released.
17. APPLICABLE LAW. This Security Instrument is governed by the laws as agreed to in the Secured Debt, except to the extent
required by the laws of the jurisdiction where the Property is located, and applicable federal laws and regulations.
18. RIDERS. The covenants and agreements of each of the riders checked below arc incorporated into and supplement and amend
the terms of this Security Instrument.
Lheck all applicable boxes]
Assignment of Leases and Rents Other Release.nf. Prior. ktomeste,ad,Rldar.................................................
19. ❑ ADDPPIONAL TERMS.
SIGNATURES: By signing below, Mortgagor agrees to the terms and covenants contained in this Security Instrument and in any
attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on �e date stated on page I-
..........��.1 . .. �_... `1`........'.�.4:',��� (Seal)
(Sig Af�Nre (DxteJ (Si(6dture) (Data)
John A5mith Julie M Smith
ACKNOWLEDGMENT:
l
+
COMMONWEALTH OF b�LFS,f-'czc]� � '`f s ., COUNTY OF ... ' e : ...........................} ss.
............................ . .... .
u�at•m�.n On this ........to h... ....... day of. . ...... �j.:.47,t...ae ................. before me personally
appeared ......• f% ),A.V.1.'L-e—_� i....��. ?_iItb...................................... to
me known to be the person(s) described in and who executed the foregoing instrument, and acknowledged that (he/she)
(they) executed the same as (his/her) (their) free act and deed. _
_Q
My commission expires: !
(Seal) ..!!Sl-'�r!i-.C�4!7yY LLrF c�'
(Notary PUOIit)
O1994 9-kam Sy9WT9. lna., Sc. Claud, MN Farm OLP-FEMrG-MA 10/9198
App #: 683887
MAUREEN C. POLLARD, Notary Public
My Commission Expires February 6, 2009
!page 4 of Al
_ ,05/02/05 15:14 FAX 207 755 4239
BANKNORTH RECORDS
Schedule A
288 Winter Street
North Andover MA 01845
John A. Smith & Julie M. Smith
1a 006
Page I of 1
The land with the buildings thereon situated in North Andover, Essex County, MA known and being numbered
288 Winter Street:
The premises are conveyed subject to and with the benefit of all rights, rights of way, easements, appurtenances,
reservations, restrictions, and layouts and takings of record, insofar as they are in force and applicable,
Meaning and intending to mortgage the same premises by deed of Kurt A. Brunell and Elizabeth A, Brunell to John A.
Smith and Julie M. Smith, dated 02/27/1986 and filed with the Essex North District Registry of Deeds at Record Book
2139, Page 346; wherein a more detailed description of the premises is set forth.
Filed With:
ESSEX NORTH DISTRICT REGISTRY OF
DEEDS
381 Common Street Registry of Deeds Lawrence
MA
Tel: (978) 683-2745
When recorded, please retum to
BankNorth
Collateral Department
P.O.Box 1377
Lewiston, ME 04240
Cust Reference: 683887
ADI Tracking n: 40630-109
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