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HomeMy WebLinkAboutMiscellaneous - 32 Riverview Street 33 RIVERVIEW STREET 210/072.0-0010-0000.0 I � G s' `i North Andover Bc,-.-A,[A5sesspis Public Access Page I of I NORTH North Andover Board of Assessors Nry S CHUS Property Record Card Click Seal To Return Parcel ID:210/072.0-0010-0000.0 FY:2011 Community:North Andover SKETCH PHOTO Click on Sketch to Enlarge Click on Photo to Enlarge Search for Parcels Search for Sales Summary Residence Detached Structure Condo 23 RNERVIEW STREET Commercial Location: 33 RIVERVIEW STREET Owner Name: FOURNIER,JOSEPH&DIANA Owner Address: 114 PEARL STREET City: BURLINGTON State: MA Zip: 01803 Neighborhood:4-4 Land Area: 0.15 acres Use Code: 101-SNGL-FAM-RES Total Finished Area: 1088 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 227,100 228,200 Building Value: 89,000 90,100 Land Value: 138,100 138,100 �Market Land Value: 138,100 Chapter Land Value: LATEST SALE Sale Price: 224,900 Sale Date: 09/01/2004 Arms Length Sale Code: Y-YES-VALID Grantor: FREDETTE,WILLIAM Cert Doc: Book: 9033 Page: 26 http://csc-ma.us/PROPAPP/display.do?linkld=1705083&town--NandoverPubAcc 6/14/2011 Residential Property Record Card PARCEL_ID:210/072.0-0010-0000.0 MAP:072.0 BLOCK:0010 LOT:0000.0 PARCEL ADDRESS:33 RIVERVIEW STREET FY:2011 PARCEL INFORMATION Use-Code: 101 Sale Price: 224,900 Book: 9033 Road Type: T Inspect Date: 04/20/2008 Tax Class: T Sale Date: 09/01/04 Page: 26 Rd Condition: P Meas Date: 04/20/2008 Owner: Tot Fin Area: 1088 Sale Type: P Cert/Doc: Traffic: M Entrance: C FOURNIER,JOSEPH&DIANA Tot Land Area: 0.15 Sale Valid: Y Water: Collect Id: RRC Address: Grantor: FREDETTE,WILLIAM Sewer: Inspect Reas: C 114 PEARL STREET BURLINGTON MA 01803 Exempt-B/L% / Resid-B/L% 100/100 Comm-B/LP/° Indust-B/L% / Open Sp-B/L% / RESIDENCE INFORMATION LAND INFORMATION t Style: CP Tot Rooms: 6 Main Fn Area: 728 Attic: NBHD CODE: 4 NBHD CLASS: 4 ZONE: R4 Story Height: 1.50 Bedrooms: 3 Up Fn Area: 360 Bsmt Area: 720 Seg Type Code Method Sq-Ft Acres Influ-Y/N Value Class Roof: G Full Baths: 1 Add Fn Area: Fn Bsmt Area: 1 P 101 S 6745 0.150 138,120 ! Ext Wall: AB Half Baths: Unfin Area: Bsmt Grade: DETACHED STRUCTURE INFORMATION Masonry Trim: Ext Bath Fix: 0 Tot Fin Area: 1088 Str Unit Msr-1 Msr-2 E-YR-BIt Grade Cond%Good P/F/E/R Cost Class Foundation: CN Bath Qual: T RCNLD: 81960 , Kitch Qual: T Eff Yr Built: 1962 Mkt Adj: G1 S 220 0.00 1988 F P ///84 7,000 Heat Type: FA Ext Kitch: Year Built: 1850 Sound Value: VALUATION INFORMATION Fuel Type: G Grade: A Cost Bldg: 82,000 Current Total: 227,100 Bldg: 89,000 Land: 138,100 MktLnd: 138,100 Fireplace: 0 Bsmt Gar Cap: Condition: A Att Str Vail: Prior Total: 228,200 Bldg: 90,100 Land: 138,100 MktLnd: 138,100 Central AC: N Bsmt Gar SF: Pct Complete: Att Str Va12: Att Gar SF: %Good P/F/E/R: ///72 Porch Type Porch Area Porch Grade Factor E 105 SKETCH PHOTO IJ* •�,.� ..fir. b' rS: .. •x`,'�. Los 30 .•+ 'f;: FIl•_S/FMrY 720 S4R , w 24 24 e. - • In 33 RIVERVIEW STREET '• Parcel ID:210/072.0-0010-0000.0 as of 6/14/11 Page 1 of 1 North Andover Boar Assesses Public Access Page 1 of 1 NORih North Andover Board of Assessors MATCHING PARCELS SSACNU Click on a column title to sort data by that column Click Seal To Retum 13 items found,displayingall items.1 Fiscal Year Parcel ID St.No. Street Owner Name 2011 210/072.0-0003-0000.0 0 RIVERVIEW KIERSTEAD,MICHELE T, STREET 2011 210/028.0-0003-0000.0 0 RIVERVIEW GREATER LAWRENCE SANITARY Search for Parcels STREET DISTRICT, 2011 210/028.0-0002-0000.0 0 RIVERVIEW FINOCCHIARO,RAYMOND, Search for Sales STREET 2011 210/028.0-0004-0000.0 0 RIVERVIEW GREATER LAWRENCE SANITARY STREET DISTRICT, 2011 210/072.0-0005-0000.0 0 RIVERVIEW TOWN OF NORTH ANDOVER,C/O STREET CONSERVATION COMMISSION 2011 210/072.0-0011-0000.0 31 RIVERVIEW THE BRASSEUR FAMILY TRUST, STREET BRASSEUR DONALD&ELAINE TRUSTEE 2011 210/072.0-0010-0000.0 33 RIVERVIEW FOURNIER,JOSEPH&DIANA, STREET 2011 210/072.0-0009-0000.0 37 RIVERVIEW ROJAS,DANIEL,ROJAS,LUZ,ROJAS, STREET ANA FRANCO,ANA 2011 210/072.0-0008-0000.0 41 RIVERVIEW YALAMANCHILI,VIJAY, STREET 2011 210/072.0-0007-0000.0 47 RIVERVIEW BLANCHETTE,RICHARD,DIANE STREET BLANCHETTE 2011 210/072.0-0004-0000.0 67 RIVERVIEW KIERSTEAD,MICHELE T, STREET 2011 210/072.0 0002-0000.0 71 RIVERVIEW CONLON,JOHN P&DEBORAH A, STREET CONLON,DEBORAH,A 2011 210/072.0-0001-0000.0 73-75 RIVERVIEW TORTORELLI,JOHN V.,TORTORELLI, STREET OFELIN A. 13 items found,displaying all items.1 http://csc-ma.us/PROPAPP/newSearch.do?town=NandoverPubAcc&from=NewSearch 6/14/2011 �v DelleChiaie, Pamela From: Sawyer, Susan Sent: Wednesday, August 31, 20119:54 AM To: Grant, Michele; DelleChiaie, Pamela Cc: Gallagher, Paul; Brown, Gerald Subject: RE: 33 Riverview St., North Andover, MA property Attachments: GeoTMS Complaint Tracking.rtf Pam and Michele, Looks like this complaint at 33 Riverview came in first back when I was on vacation. Can you check the file and see what the findings were? Thank you Susan From: Gallagher, Paul Sent: Wednesday, August 31, 20119:42 AM To: Sawyer, Susan; Brown, Gerald Cc: babcielaine@comcast.net Subject: FW: 33 Riverview St., North Andover, MA property If you could review the problem at 33 Riverview Street. Mrs. Brasseur,the neighbor, reports it is in foreclosure and rats are now on the property. She has tried to have the foreclosure company property personnel take care of this issue. Contact information Mrs. Elaine Brasseur 31 Riverview Street 978-685-5453 Thank you, &4;Rud f fd&*,6 Chief Paul J.Gallagher North Andover Police Department 1475 Osgood Street North Andover,MA 01845 Pgallagher@napd.us Tel# 978-683-3168 Fax# 978-687-0948 Please be advised that the Massachusetts Attorney General has determined this email is a public document From: Elaine S. Brasseur [mailto:babcielaine@comcast.net] Sent: Wednesday, August 31, 20116:05 AM To: Gallagher, Paul Subject: Fw: 33 Riverview St., North Andover, MA property Good morning, Chief Gallagher: Last night, I responded to the message directly below and spoke, at length, with Michael O'Hara. His response was that quite often homes that have various problems, pre-foreclosure, will stay in that condition for years. He said that one solution might be to board up the openings so the rats could not get into the shed or garage, but at this point he did not think the property management company could legally remove the rubbish. Mr. O'Hara said he has hundred of accounts and that is why his mailbox was full. Also, he told me that he would get in touch with an intermediary and the bank to see 1 r what could be legally done. To me, boarding up does not appear to be a solution. If the next step is to notify the Board of Health, would you please help. Mr. O'Hara said he would be contacting you via email today. Thank you for your help. Elaine S. Brasseur -----Original Message----- From: O'Hara Property Management To: Elaine S. Brasseur Sent: Tuesday, August 30, 20117:14 PM Subject: Re: 33 Riverview St., North Andover, MA property Call me @ 7815300960 Sent via B1ackBerry from T-Mobile From: "Elaine S. Brasseur" <babcielainekcomcast.net> Date: Tue, 30 Aug 2011 18:52:19 -0400 To: <ohara4153@yahoo.com> Subject: Fw: 33 Riverview St.,North Andover, MA property I resend this email at 6:47 p.m. on August 30, 2011. Because you have not responded to my message sent at 8:05 a.m., and because, again, I have not been able to communicate with you via phone...your mailbox is full, and because the phone number listed for your company is no longer in service, I will respond to our Chief of Police's suggestion that the Board of Health be notified of the health and safety issues concerning this property at 33 Riverview Street. Elaine S. Brasseur -----Original Message----- From: Elaine S. Brasseur To: ohara4153 a,yahoo.com Cc: pgallagher(aD_napd.us Sent: Tuesday, August 30, 20118:15 AM Subject: 33 Riverview St., North Andover, MA property Message to: Michael O'Hara, Property Manager Good morning. I send the following message at 8:05 a.m. on this date, August 30, 2011. My husband and I live next door to the above mentioned property. Your employees,who cut the lawns, gave me your phone number. By the way, they appear to be good employees and did a nice job on the lawns. Because they are sent here to mow only every three weeks or more, the grass is very high in between mowing. I have tried several times to contact you, via telephone, and your mailbox is always full. Fortunately, I have a computer and I am able to communicate. While working in my garden yesterday, I observed rats going into and out of one of the sheds in the back yard on the 33 Riverview Street property. This shed is just about ready to collapse and full of garbage and junk,with the doors falling off the hinges. The family left that site on October 10, 2010. 1 have spoken with the Chief of Police in North Andover, Paul Gallagher, and he sent an officer down to observe about a month ago. The doors have been left unlocked for months. The other shed in the back yard, in good condition, has an almost never used bicycle stored inside. That shed door has been wide open for many months. The garage facing the street, which has no door, is filled with rubbish, old carpeting, and filth. When the police officer went into the property and did a"walk-through"there were all types of things left behind from the Oct. 10th move. The house has been broken into once. Because we are on the other side of the fence and keep our property in good condition, with much difficulty(we are 76 and 85 years of age), neither one of us need to see a rat infested property that is not being managed properly. That is our main issue. With our great grandchildren visiting and playing in our front and back yards, the rat problem is a very serious health and safety issue. Also, when I am working in my garden the sight of rats going in and out of that garbage dump next door is very unsettling. We realize that if we do not advise you of the deplorable situation, you could not rectify the problem. Rubbish attracts rats, especially being in such close proximity to the Merrimack River. Please call us when you receive our message this morning at Tel. #: 978-685- 5453. Thank you for your prompt attention to this matter. Elaine& Donald Brasseur 31 Riverview Street 2 North Andover, MA 01845 Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http://www.see.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 3 1 T 3fRIVER VIEW STREET 072.0-0010 Complaint Detail Report Printed On: Tue Mar 20,2012 Complaint#: CT-2011-000053 Status: Closed GIS#: 4398 Violator: FOURNIER,JOSEPH&DIAN sw °'r*r Address: 33 RIVERVIEW STREET Map: 072.0 Address: 33 RIVERVIEW STREET Date Recvd.: Jun-14-2011 ITime Recvd.: 04:21 PM Block: 0010 INORTH ANDOVER, MA 018 Category: Trash and Debris Lot: Type: Residential GeoTMS Module: Board of Health 113istrictE. Trade: Recorded By: IParnela DelleChiaie Zoning: I Istructure: Description: Complaint: Caller,Diane Blanchett of 47 Riverview Street stated that 33 Riverview Street has been an abandoned property since last fall. The grass has only been cut twice since spring. In addition,garage was left open with trash cans and debris all over. Rats have been seen. Please investigate.--p.d. Comments: Inspector Assigned to Complaint: Contacts Contact Type Date Time Name Phone Best Time To Reach Recorded By Response Caller Jun-14-2011 4:21 PM Diane Blanchett Pamela DelleChiaie Follow-Up by Health Inspector Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL Aug-31-2011 9:58 AM Follow-Up by Health I want to thank the Health Director Dept.for their quick response and evaluation. Chief Paul J.Gallagher North Andover Police Department 1475 Osgood Street North Andover,MA 01845 Pgallagher@napd.us Tel# 978-683-3168 Fax# 978-687-0948 Please be advised that the Massachusetts Attorney General has determined this email is a public document From:Sawyer,Susan Sent:Wednesday,August 31,2011 12:49 PM GeoTMS®2012 Des Lauriers Municipal Solutions, Inc. Page 1 of 8 3f RIVERVIEW STREET 072.0-0010 Complaint Detail Report Printed On: Tue Mar 20,2012 To:Gallagher,Paul Cc: babcielaine@comcast.net; Grant,Michele;DelleChiaie, Pamela;Brown,Gerald Subject:RE:33 Riverview St.,North Andover,MA property Chief, Our Health Inspector, Michele Grant,went to 33 Riverview St.this morning. She was also the one who investigated a similar complaint in June of this year.As was found in June, there was no condition observed that,by our sanitary codes,could be considered a health hazard. Please see the attached photos.There was no evidence of rats found around the home.The general condition of the yard was good.The shed is disheveled but it does not contain food matter that would attract rats. Currently there are no regulations in town that regulated eyesores or maintenance issues on private property.The complainant is correct that there is usually a person designated by the bank or institution foreclosing on a property.That avenue,by the neighbor,seems that it would be best in a case such as this. If there are any questions,feel free to contact our office. Thank you Susan GeoTMS®2012 Des Lauriers Municipal Solutions, Inc. Page 2 of 8 3I RIVERVIEW STREET 072.0-0010 Complaint Detail Report Printed On:Tue Mar 20,2011 Susan Sawyer Public Health Director 1600 Osgood Street Bldg 20,unit 2-36 North Andover,MA 01845 office 978 688-9540 fax 978 688-8476 All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the I http://www.sec.state.ma.us/pr e/preidx.htm]Massachusetts Public Records Law. From:Gallagher,Paul Sent:Wednesday,August 31,2011 9:42 AM To:Sawyer,Susan;Brown, Gerald Cc:babcielaine@comcast.net Subject:FW:33 Riverview St.,North Andover,MA property If you could review the problem at 33 Riverview Street. Mrs.Brasseur,the neighbor,reports it is in foreclosure and rats are now on the property. She has tried to have the foreclosure company property personnel take care of this issue. Contact information Mrs. Elaine Brasseur 31 Riverview Street 978-685- 5453 Thank you, Chief Paul J.Gallagher GeoTMS@ 2012 Des Lauriers Municipal Solutions, Inc. Page 3 of 8 33 RIVER VIEW STREET 072.0-0010 Complaint Detail Report Printed On:Tue Mar 20,2012 Chief Paul J.Gallagher North Andover Police Department 1475 Osgood Street North Andover,MA 01845 Pgallagher@napd.us Tel# 978-683-3168 Fax# 978-687-0948 Please be advised that the Massachusetts Attorney General has determined this email is a public document From:Elaine S.Brasseur [mailto:babcielai ne@comcast .net] Sent:Wednesday,August 31,2011 6:05 AM To:Gallagher,Paul Subject:Fw:33 Riverview St.,North Andover,MA property Good morning,Chief Gallagher: Last night,1 responded to the message directly below and spoke,at length,with Michael O'Hara.His response was that quite often homes that have various problems,pre-foreclosure, will stay in that condition for years.He said that one solution might be to board up the openings so the rats could not get into the shed or garage,but at this point he did not think the property management company could legally remove the rubbish. Mr.O'Hara said he has hundred of accounts and that is why his mailbox was full. GeoTMS@ 2012 Des Lauriers Municipal Solutions, Inc. Page 4 of 8 33 RIVER VIEW STREET 072.0-0010 Complaint Detail Report Printed On: Tue Mar 20,2012 Also,he told me that he would get in touch with an intermediary and the bank to see what could be legally done.To me,boarding up does not appear to be a solution. If the next step is to notify the Board of Health, would you please help.Mr. O'Hara said he would be contacting you via email today.Thank you for your help. Elaine S.Brasseur -----Original Message----- From:O'Hara Property Management To:Elaine S.Brasseur Sent:Tuesday,August 30, 2011 7:14 PM Subject:Re:33 Riverview St.,North Andover,MA property Call me @ 7815300960 Sent via BlackBerry from T- Mobile From:"Elaine S.Brasseur" <babcielaine@comcast.net> Date:Tue,30 Aug 2011 18:52:19-0400 To: <ohara4153 @yahoo.com> Subject:Fw:33 Riverview St.,North Andover,MA property I resend this email at 6:47 p.m.on August 30,2011. Because you have not responded to my message sent at 8:05 a.m.,and because,again,I have not been able to communicate with you via phone...your mailbox is full,and because the phone number listed for GeoTMS@ 2012 Des Lauriers Municipal Solutions, Inc. Page 5 of 8 33 RIVERVIEW STREET 072.0-0010 Complaint Detail Report Printed On: Tue Mar 20,2012 your company is no longer in service,I will respond to our Chief of Police's suggestion that the Board of Health be notified of the health and safety issues concerning this property at 33 Riverview Street. Elaine S.Brasseur -----Original Message----- From:Elaine S.Brasseur To:ohara4153@yahoo.com Cc:pgallagher@napd.us Sent:Tuesday,August 30, 2011 8:15 AM Subject:33 Riverview St., North Andover,MA property Message to:Michael O'Hara, Property Manager Good morning. I send the following message at 8:05 a.m.on this date, August 30,2011. My husband and I live next door to the above mentioned property.Your employees, who cut the lawns,gave me your phone number.By the way,they appear to be good employees and did a nice job on the lawns.Because they are sent here to mow only every three weeks or more, the grass is very high in between mowing. I have tried several times to contact you,via telephone, and your mailbox is always full. Fortunately,I have a computer and I am able to communicate. While working in my garden yesterday,I observed rats going into and out of one of the sheds in the back yard on the 33 Riverview Street property.This shed is just GeoTMS®2012 Des Lauriers Municipal Solutions, Inc. Page 6 of 8 33 RIVERVIEW STREET 072.0-0010 Complaint Detail Report Printed On:Tue Mar 20,2012 about ready to collapse and full of garbage and junk, with the doors falling off the hinges.The family left that site on October 10,2010.1 have spoken with the Chief of Police in North Andover, Paul Gallagher,and he sent an officer down to observe about a month ago.The doors have been left unlocked for months.The other shed in the back yard, in good condition,has an almost never used bicycle stored inside.That shed door has been wide open for many months.The garage facing the street,which has no door,is filled with rubbish,old carpeting,and filth.When the police officer went into the property and did a"walk-through"there were all types of things left behind from the Oct. 10th move.The house has been broken into once.Because we are on the other side of the fence and keep our property in good condition, with much difficulty(we are 76 and 85 years of age), neither one of us need to see a rat infested property that is not being managed properly. That is our main issue.With our great grandchildren visiting and playing in our front and back yards,the rat problem is a very serious health and safety issue.Also, when I am working in my garden the sight of rats going in and out of that garbage dump next door is very unsettling.We realize that if we do not advise you of the deplorable situation,you GeoTMS®2012 Des Lauriers Municipal Solutions, Inc. Page 7 of 8 33 RIVERVIEWSTREET 072.0-0010 Complaint Detail Report Printed On:Tue Mar 20,2012 could not rectify the problem.Rubbish attracts rats,especially being in such close proximity to the Merrimack River.Please call us when you receive our message this morning at Tel. #:978-685-5453.Thank you for your prompt attention to this matter. Elaine&Donald Brasseur 31 Riverview Street North Andover,MA 01845 Jul-15-2011 11:27 AM Forwarded to Health Ms.Grant went to the site Inspector and Food and notes the following: Consultant 1.appears that grass has been cut 2.garage door is open- debris is a few pieces of carpet;some wood;couple of barrels;however,does not look like food. Property is not a health risk. Looks like some old chewed holes in the bottom of the barrels. Case closed. GeoTMS®2012 Des Lauriers Municipal Solutions, Inc. Page 8 of 8 DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Wednesday, July 20, 2011 1:20 PM To: Brown, Gerald Subject: I.R. -33 Riverview Street-Copy of Complaint and Property Research Attachments: 20110720125824758 Importance: High Follow Up Flag: Follow up Flag Status: Flagged Hi Gerry, Per your request,I have attached documentation from my research of the deeds for 33 Riverview Street,as well as a complaint we received on June 14,2011. The current mortgage holder is indicated in these documents,and I would assume would be the entity taking back the property if it has been abandoned. Let me know if you need any further info. haat Refs cda, Pamela DelleChiaie Departmental Assistant I Community Development I Health Department Town of North Andover 1600 Osgood Street I Bldg 20(Suite 2-36 North Andover,MA o1845 2 Office-978-688-9540 M Fax-978-688-8476 I] Email-pdellechiaiePtownofnorthandover.com -2� Website http://www.townofnorthandover.com/Pages/index "We can never see the path of our life if we are too busy focusing on the pebbles under our feet."--Anonymous i DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Wednesday, July 20, 20113:38 PM To: Brown, Gerald Subject: Ameriquest Mortgage Co. (primary mortgage holder for 33 Riverview St., North Andover)- Any correspondence should be sent to the Registered Agent Importance: High Follow Up Flag: Follow up Flag Status: Flagged The Commonwealth of Massachusetts William Francis Galvin f ©' �'i Secretary of the Commonwealth, Corporations Division �! One Ashburton onPlace, 17th floor Boston, MA 02108-1512 Telephone: (617) 727-9640 MUM? Illi: MER @amiJ [Request a Certificate] The exact name of the Foreign Corporation: AMERIQUEST MORTGAGE COMPANY The name was changed from: LONG BEACH MORTGAGE COMPANY on 5/1/1997 Entity Type: Foreign Corporation Identification Number: 330621598 Old Federal Employer Identification Number(Old FEIN): 000000000 Date of Registration in Massachusetts: 08/12/1994 The is organized under the laws of: State: DE Country: USA on: 06/17/1994 Current Fiscal Month/Day: 12/31 Previous Fiscal Month/Day: 00/00 The location of its principal office: No. and Street: 2677 N. MAIN STREET SUITE 1050 City or Town: SANTA ANA State: CA Zip: 92705 Country: USA The location of its Massachusetts office, if any: No. and Street: City or Town: State: Zip: Country: Name and address of the Registered Agent: Name: NATIONAL REGISTERED AGENTS, INC. No. and Street: 303 CONGRESS STREET,2ND FLOOR City or Town: BOSTON State: MA Zip: 02110 Country: USA The officers and all of the directors of the corporation: Title Individual Name Address (no PO Box) Expiration First,Middle,Last,Suffix Address,City or Town,State,Zip Code Of Term PRESIDENT MICHAEL 0.GIBSON JR 2677 N.MAIN ST.STE 1050 SANTA ANA,CA 92705 USA TREASURER STASIA MADIGAN 2677 N.MAIN ST.STE 1050 SANTA ANA,CA 92705 USA SECRETARY DIANE E.TIBEREND 2677 N.MAIN ST.,STE 1050 SANTA ANA,CA 92705 USA DIRECTOR ADAM J.BASS 2677 N.MAIN ST.,STE 1050 SANTA ANA,CA 92705 USA DIRECTOR SANFORD DEUTSCH 2677 N.MAIN ST.,STE 1050 SANTA ANA,CA 92705 USA business entity stock is publicly traded: _ The total number of shares and par value, if any, of each class of stock which the business entity is authorized to issue: Par Value Per Share Total Authorized by Articles Total Issued Class of Stock Enter 0 if no Par of Organization or Amendments and Outstanding Num of Shares Total Par Value Num of Shares CWP $0.01000 40,000 $400.00 30,000 Consent _ Manufacturer _ Confidential Data _ Does Not Require Annual Report Partnership X Resident Agent _ For Profit _ Merger Allowed Select a type of filing from below to view this business entity filings: [ALL FILINGS V] [ View Filings ] [ New Search ] Comments 2 33 RIJ,ERVIEW STREET 072.0-0010 Complaint Detail Report Printed On:Mon Jul 18,2011 Complaint#: CT-2011-000053 Status: IClosed GIS#: 4398 Violator: FOURNIER,JOSEPH&DIAN pOpt7M Address: 33 RIVERVIEW STREET Map: 072.0 Address: 33 RIVERVIEW STREET 3rfl'.,,so "'� °a4 Date Recvd.• Jun-14-2011 Time Recvd.: 04:21 PM Block: 0010 NORTH ANDOVER, MA 018 Category: Trash and Debris Lot: Type: Residential i� GeoTMS Module: Board of Health District: Trade: ��"�•-..4••'�a9 Recorded By: Pamela De1leChiaie Zoning: Structure: ss�>:wusE Description: Complaint: Caller,Diane Blanchett of 47 Riverview Street stated that 33 Riverview Street has been an abandoned property since last fall. The grass has only been cut twice since spring. In addition,garage was left open with trash cans and debris all over. Rats have been seen. Please investigate.--p.d. Comments: Inspector Assigned to Complaint: Contacts Contact Type Date Time Name Phone Best Time To Reach Recorded By Response Caller Jun-14-2011 4:21 PM Diane Blanchett Pamela DelleChiaie Follow-Up by Health Inspector Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL Jul-15-2011 11:27 AM Forwarded to Health Ms.Grant went to the site Inspector and Food and notes the following: Consultant 1.appears that grass has been cut 2.garage door is open- debris is a few pieces of carpet;some wood;couple of barrels;however,does not look like food. Property is not a health risk. Looks like some old chewed holes in the bottom of the barrels. Case closed. GeoTMS®2011 Des Lauriers Municipal Solutions, Inc. Page 1 of 1 Return To: � Amsriquest Mortgage Company �"i K 9533 PG 177 P.O. Box 11507, Santa Ana, CA 92711 prepared By:Ameri quest Mortgage Company Chun Kim 18 Commerce way, # 3800,Woburn, MA 01801 .f [Spree Above Thb Line For Rocordint Data] MORTGAGE m N o rn =X DEFNNMONS rrnn. T� Words used in multiple sections of this document are defined below and other words aro defined in Seed=� � 3, 11, 13, 18,20 and 21.Certain rules regarding the usage of words used in this document are also provid4-f. in Section 16. ;;0 Q ,G .... ci —+c (A)"Security Instmment"means this document,which is dated May 10, 2005 M r� together with all Riders to this document. Q) (B)"Borrower"isJoseph P. Fournier and Diana L. Fournier, As Husband and Wife, As Tenants by The Entirety C= CD . ..J D • Cl'1 Borrower is the mortgagor under this Security Instrument. (C)"Lender"is Ameriquest Mortgage Company Lender is a Corporation organized and existing under the laws of Delaware MASSACMUSEYMSingle Family-Fannia MnIFraddle Mae UNIFORM INSTRUMENT Form 3021 1101 0120250121 -5643 05/10/2005 8:01:06 AM � �A(eo,) lnkkb: low 11 VMFMmtMnSaUbm,Ina(e00)52t72ot �Q � 1210J01811a01 BK 9533 PG 178 Leader's address is 1100 Town and Country Road, Suits 200 Orange, CA 92868 Lander is the mortgagee under this S ecurity Instrument. (D)"Note"means flee promissory note signed by Borrower and dated May 10, 2005 The Note states that Borrower owes Lender two hundred sixty—five thousand and 00/100 Dollars (U.S.$ 265,000.00 )phis interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in fall not later than nine 1, 2035 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (l)"Loan" means the debt evidenced by the Note,plus interest,any prepayment charges and We charges due under the Note,and all sums due under this Security Instrument,plus interest. (G) "Riders" means all Riders to this Security horam nt that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: ®Adjustable Rate Rider ❑Condominium Rider ❑Second Home Rider ❑Balloon Rider Planned Unit Development Rider 14 Family Rider ❑VA Rider Biweekly Payment Rider ❑Other(s)(specify] (H), "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rales and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (n "Community Assodation Does, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. ()"Electronic Fonda Transfer"means any transfer of fiords,other than a transaction originated by check, draft,or similar paper instrument,which is initiated through an electronic terminal,telephonic Wit, computer,or magnetic tape so as to order,instruct, or authorize a financial institution to debit or credit an account. Such tam includes, but is not limited to, point-of-sale transfers, automated teller machine transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. 00"Escrow Items"means those items that are described in Section 3. (L) "Miscellaneous Proceeds"means any compensation, settlement, award of damages, or proceeds paid by any third party(other thaw insurance proceeds paid under the coverages described in Section 5)for: (i) damage to, or destruction of, the Property, (int,condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnalnon; or(iv) misrepresentations of, or omissions as to, the value and/or condition of the Properly. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment oi', or default on, the Loan. (N) "Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(H)any amounts under Section 3 of this Security lmstrameut. (0) "RESPA" means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 et seq.) and its implementing regulation,Regulation X(24 C.F.R. Part 3500),as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument, "RESPA' refers.to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a"federally related mortgage loan" under RE.SPA. AMNA paq PM02of 15 Form 3022 101 0120250121 -5643 05/10/2005 8:01:06 000001202501210301311002 BK 9533 PG 1719 {P} "Successor in Interest of Borrower'means any party dual has taken title to the Property,whether or not that party has assumed Borrower's obligations ander the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Leader. ()the repayment of the Loan,and all renewals,extensions and modifications of the Note; and (n) the pafomtaace of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Leander and Lender's successors and assigns, with power of sale, the following described property located in the county [Type of Reoording Jmbdiodon] Of E83EX [Name of1teaading Ms&odon): Legal Description Attached Hereto and Made a Part Hereof. Parcel IDNumber: 072-0010 which currently has the address of 33 Riverview Street [street) NORTH ANDOVER [City],Massachusetts 01845 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements, appurtenances,and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrameart as the 11property.11 BORROWER COVENANTS that Borrower is lawNly seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unew mbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all claims ad demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a anifonn security instrument covering real property. incur; AMOMA poi? Pave s of 15 Fom 3022 1101 0120250121 -5643 05/10/2005 8:01:06 AM 000001202501210301311003 Page 1 of 1 Brown, Gerald From: Gallagher, Paul Sent: Tuesday, July 19, 20112:34 PM To: Brown, Gerald Subject: 33 Riverview Street Mr. Brown, A neighbor of 33 Riverview Street reports the house is abandoned and in foreclosure. The neighbor, Mrs. Elaine Brasseur 978-685-5453 inquired if the town could has any options with the property as it is not being cared for. Thanks for any assistance, Paul 64dad PI q4&49" Chief Paul J.Gallagher North Andover Police Department 1475 Osgood Street North Andover, MA 01845 Pgallagher@napd.us Tel# 978-683-3168 Fax# 978-687-0948 Please be advised that the Massachusetts Attorney General has determined this email is a public document Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http:/twww.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 7/20/2011 n 1 BK 9533 PG - 192 Exhibit A-Property Description Closing date: May 10,2W--- Property 005-Property A i 33 RivaView Street,North Andover,Massachusetts 01845 A certain parcel of land together with the buildings thereon shown as Parcel 10 on"Plan of Lots on Riverview Street, North Andover, Mass., by Ralph B.Brasseur,E., dated October 25,1948". Said parcel is more particularly bounded and described as follows.- NORTHWESTERLY ollows:NORTHWESTERLY by Riverview Street, forty-nine and 54/100 (4954) feet as shown on said plan; NORTHEASTERLY by Lot 11 as shown on said plan, one-hundred thirty-seven and 60/100(137.60)feet; SOUTHEASTERLY by the Boston and Mahle Railroad, fifty and 0100(50.69) feet as shown on said plan; SOUTHWESTERLY by Lot 9, one-hundred thirty-two and 42/100 (132A2) feet as shown on said plan. Containing 6745 square feet of land more or less. Subject to and with the benefit of any restrictions of record, easements of record, or agreements of record if any there be and as far as same may now be in force and applicable. Meaning and intending to convey and hereby conveying the same premises conveyed to me/us by deed dated 08/27/2004 and recorded with Essex Registry of Deeds In Book 9033,Page 26. 019864M Sbwlwd sobdiem hm M324-oSSO f BK 9533 PG 11W ADJUSTABLE RATE RIDER (LIBOR Six-Monthdndex(As Published in the Wall Street Journal)-Rate Caps) ;.Q THIS ADJUSTABLE RATE RIDER is made this 10th day of May, 2005 and Is incorporated Into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the"Security Instrument")of the same date given by the undersigned (the"Borrower")to secure Borrower's Adjustable Rate Note (the Note")to Amenquest Mortgage Company(the Lender")of. the same date and covering the property described in the Security Instrument and located at: 33 Riverview Street, NORTH ANDOVER,MA 01845 ]Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT.THE NOTE LIMITS THE '. AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument,Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial Interest rate of 6.350 %. The Note provides for changes in the Interest rate and the monthly payments,as follows: {; 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A)Change Dates The Interest rate I will pay may change on the first day of June, 2007 , and on that day every :.4 sixth month thereafter. Each date on which my Interest rate could change is called a Change Date." (B)The Index Beginning with the first Change Date, my interest rate will be based on an Index. The"Index"is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market("LIBOR"), as published in the Wall Street Journal. The most recent Index.figure available as of the date 45 days before each Change Date Is called the"Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. Inhisle Loan Number. 0120250121 -5643 ' 0000CM2029ma"12103021 5=1 Page 1 of 3 06110/2005 8:01:06 AM BK 9533 PSG 194 (C)Calculation of Changes Before each Change Date, the Note Holder will calculate my new Interest rate by adding three and one-half percentage points ( 3.500 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point(0.125%). Subject to the limits stated in Section 4(D) below,this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new Interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D)Limits on Interest Rate Changes The Interest rate I am required to pay at the first Change Date will not be greater than 8.350X or less than 6.350%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One(1.000%)from the rate of interest I have been paying for =' the preceding six months. My Interest rate will never be greater than 12.350)96 or less than 6.350)96. (E)Effective Date of Changes My new Interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F)Notice of Changes The Nate Holder will deliver or mail to me a notice of any changes In my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include ;. information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B.TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument is amended to read as fallows: Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18, "interest in the Property" means any legal or beneficial Interest In the Property, including, but not limited to, those beneficial Interests transferred in a bond for deed, contract for deed, Installment sales contract or escrow agreement, the intent of which Is the transfer of title by Borrower at a future date to a purchaser. Initlele�_ Loan Number. 0120250121 -5643MIR 000001202b0 210902160302 aim(Rwr 1ro1) Page 2 of 3 05/10/2005 8:01:06 AM r. BK 9533 PG 19.5 If all or any part of the Property or any Interest in the Property is sold or transferred (or If Borrower is not a natural person and a beneficial Interest In Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If such exercise is prohibited by federal law. Lender also shall not exercise this option If: (a) mr Borrower causes to be submitted to Lender Irrfoation required by Lender to evaluate the Intended transferee as if a new ban were being made to the transferee; and (b) Lender reasonably determines that Lenders security will not be impaired by the ban assumption and that the risk of a breach of any covenant or agreement In this Security Instrument Is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lenders consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require Immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security instrumenL If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. (Seal) (Seal) Bjftwer Joseph P.Fournier -Borrower Diana L. Foumier (Seal) (Seal) Borrower Borrower Loan Number: 0120250121 -5643 0000012M1210SUM6 M eras(�•r�ro�) Page 3 of 3 05/10/2005 8:01:06 AM BK 901:)� PSI 43 Return To: MS SV-7/DOCNT PROCESSING P.O.BoxVan Nuy0-0423 Prepared By: CHRISTOPHER T.PERRY TASHA UTENDAUHL ATTORNEYATIAW,P.C. 15 CHESTNUT STREET ANDOVER,MA 01810 C)q, Z [Space Above This Une For Recording Dotal 0006699730708004 (Doc ID IJ MORTGAGE THIS MORTGAGE is made this 31 st day of AUGUST, 2004 ,between the Mortgagor, JOSEPH P FOURNIER, AND DIANA L FOURNIER, HUSBAND AND WIFE (herein"Borrower"),and the Mortgagee, FULL SPECTRUM LENDING, INC. A CORPORATION organized and existing under the laws of CALIFORNIA ,whose address is 4500 Park Granada, Calabasas, CA 91302 (herein"Lander"). WHEREAS,Borrower is indebted to Lender in the principal sum of U.S.$4 4,9 8 0.0 0 ,which indebtedness is evidenced by Borrower's note dated AUGUST 31, 2004 and extensions and renewals thereof (herin "Note"), providing for monthly installments of principal and interest,with the balance of indebtedness,if not sooner paid,doer Rod pMble On SEPTEMBER 01, 2024 - TO SECURE to Lender the repayment of the indebtedness evidenced by the Note,with interest thereon;the,aP*neentm all other sums,with interest thereon,advanced in accordance herewith to protect the security of this Mortgage;and tlgpZrforn e of the covenants and agreements of Borrower herein contained,Borrower does hereby mortgage,grant and cct[erto L"der, with power of sale,the following described property located in the County of ESSEX `.` State of Massachusetts: =" > V7 W rsl rn which has the address of 33 RIVERVIEW STREET NORTH ANDOVER Massachusetts 01845-1607 (herein"Property Address"); [City] (ztP Codel TOGETHER with all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances and rents,all of which shall be deemed to be and remain a part of the property covered by this Mortgage;and all of the foregoing, together with said property(or the leasehold estate if this Mortgage is on a leasehold)are hereinafter referred to as the"Property." MASSACHUSETTS-SECOND MORTGAGE.1180-FNUAFMLMC UNIFORM g1STRUMENT Initials Page 1 of 5 Ck-711(MA)(0401) CHL(01104f(d) VMP Mottpp Soldons(800)521-7281 Pons aess 2 9 9 9 1 • 0 6 6 9 9 7 3 0 7 0 0 0 0 0 2 0 7 8 Big: 9033 P6 44 DOC ID #: 0006699730708009 Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to encumbrances of record. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1.Payment of Principal and Interest.Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2 Funds for Taxes and Insurance.Subject to applicable law or a written waiver by Lender,Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note,until the Note is paid in full,a sum(herein "Funds") equal to one-twelfth of the yearly taxes and assessments(including condominium and planned unit development assessments,if any)which may attain priority over this Mortgage and ground rents on the Property,if any,plus one-twelfth of yearly premium installments for hazard insurance,plus one-twelfth of yearly premium installments for mortgage insurance,if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof.Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender,the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency(including Lender if Lender is such an institution).Lender shall apply the Funds to pay said taxes,assessments,insurance premiums and ground rents.Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills,unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge.Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower,and unless such agreement is made or applicable law requires such interest to be paid,Lender shall not be required to pay Borrower any interest or earnings on the Funds.Lender shall give to Borrower,without charge,an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made.The Funds am pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender,together with the ham monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments,insurance premiums and ground rents as they fall due,such excess shall be,at Borrower's option,either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds.If the amount of the Funds held by Lender shall not be sufficient to pay taxes,assessments,insurance premiums and ground rents as they fall due,Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage,Lender shall promptly refund to Borrower any Funds held by Lender.If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender,Lender shall apply,no later than immediately prior to the sale of the Property or its acquisition by Lender,any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3.Application of Payments.Unless applicable law provides otherwise,all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof,then to interest payable on the Note,and then to the principal of the Note. 4.Prior Mortgages and Deeds of Trust;Charges;Liens.Borrower shall perform all of Borrower's obligations under any mortgage,deed of trust or other security agreement with a lien which has priority over this Mortgage,including Borrower's covenants to make payments when due.Borrower shall pay or cause to be paid all taxes,assessments and other charges,fines and impositions attributable to the Property which may attain a priority over this Mortgage,and leasehold payments or ground rents,if any. 5.Hazard Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage,"and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender;provided,that such approval shall not be unreasonably withheld.All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender.Lender shall have the right to hold the policies and renewals thereof,subject to the teem of any mortgage,deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower,or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits,Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6.Preservation and Maintenance of Property;Leaseholds;Condominiums;Planned Unit Developments.Borrower shall beep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold.If this Mortgage is on a unit in a condominium or a planned unit development,Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development,the by-laws and regulations of the condominium or planned unit development,and constituent documents. 7.Protection of Lender's Security.If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property,then Lender,at Lender's option,upon notice to Borrower,may make such appearances,disburse such sums,including reasonable attorneys'fees,and take such action as is necessary to protect Lender's interest.If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage,Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Inwals*- _ fOQ" Cf- uy(0401) CHL OlroiPage 2of5 8K 9033 PG 45 DOC ID '#: 0006699730708004 Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage.Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof.Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. &Inspection.Lewder may make or cause to be made reasonable entries upon and inspections of the Property,provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property,or part thereof,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender,subject to the terms of any mortgage,deed of trust or other security agreement with a lien which has priority over this Mortgage. 10.Borrower Not Released;Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release,in any manner,the liability of the original Borrower and Borrower's successors in interest.Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy hereunder,or otherwise afforded by applicable law,shall not be a waiver of or preclude the exercise of any such right or remedy. It. Successors and Assigns Bound; Joint and Several Liability; Cosigners. The covenants and agreements herein contained shall bind,and the rights hereunder shall him to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof.All covenants and agreements of Borrower shall be joint and several.Any Borrower who co-signs this Mortgage,but does not execute the Note,(a)is co-signing this Mortgage only to mortgage,grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage,(b)is not personally liable on the Note or under this Mortgage,and(c)agrees that Lender and any other Borrower hereunder may agree to extend,modify,forbear,or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrowers consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12.Notice.Except for any notice required under applicable law to be given in another manner,(a)any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein,and(b)any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein.Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13.Governing Law;Severalifity.The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located.The foregoing sentence shall not limit the applicability of federal law to this Mortgage.In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision,and to this end the provisions of this Mortgage and the Note are declared to be severable.As used herein,"costs,""expenses"and"attorneys'fees"include all sums to the extent not prohibited by applicable law or limited herein. 14.Borrower's Copy.Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15.Rehabilitation Loan Agreement.Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement,repair,or other loan agreement which Borrower enters into with Lender.Lender,at Lender's option,may require Borrower to execute and deliver to Lender,in a form acceptable to Lender,an assignment of any rights,claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16.Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Pmperty or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Mortgage. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS.Borrower and Lender forther covenant and agree as follows: 17.Acceleration;Remedies.Except as provided in paragraph 16 hereof,upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage,including the covenants to pay when due any sums secured by this Mortgage, Leader prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying:(1)the breach; (2)the action required to cure such breach;(3)a date,not less than 10 days from the date the notice is marled to Borrower, by which such breach must be cared;and(4)that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage and sale of the Property.The notice shall farther inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonedstence of a default or any other defense of Borrower to acceleration and sale.If the breach is not cured on or before the date specified in the notice,Lender,at Lender's option,may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by applicable law.Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17,including,but mot limited to,reasonable attorneys'fees. 1f Lender invokes the STATUTORY POWER OF SALE,Lender shall mail a copy of a notice of sale to Borrower, and to any other person required by applicable law,in the manner provided by applicable law.Lender shall publish the notice of sale and the Property shall be sold in the manner prescribed by applicable law.Lender or Lender's designee may purchase the Property at any sale.The proceeds of the sale shall be applied in the following order:(a)to all reasonable costs and expenses of the sale,bwladmg reasonable attorneys'fees and costs of title evidences(b)to all suns secured by this Mend(c)the ez eess,N any,to The person or perwas legally entitled thereto. -7OWN(0401) CHL(01104) IniGak Pape 3015 Form 9e7! BK 90133 PG 46 DOC ID 9: 0006699730708004 1&Borrower's Right to Reinstate.Notwithstanding Lenders acceleration of the sums secured by this Mortgage due to Borrower's breach,Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of(i)sale of the Property pursuant to the power of sale contained in this Mortgage or(ii) entry of a judgment enforcing this Mortgage if.(a)Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred;(b)Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage,and in enforcing Lender's remedies as provided in paragraph 17 hereof, including,but not limited to,reasonable attorneys'fees;and(d)Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage,Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired.Upon such payment and cure by Borrower,this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19.Assignment of Rents;Lender in Possession.As additional security hereunder,Borrower hereby assigns to Lender the rents of the Property,provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property,have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property,Lender shall be entitled to enter upon,take possession of and manage the Property and to collect the rents of the Property including those past due.All rents collected by Lender shall be applied first to payment of the costs of management of the Property and collection of rents,including,but not limited to,reasonable attorneys'fees,and then to the sums secured by this Mortgage.Lender shall be liable to account only for those rents actually received 20.Release.Upon payment of all sums secured by this Mortgage,Lender shall discharge this Mortgage without cost to Borrower.Borrower shall pay all costs of recordation,if any. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage,deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender,at Lender's address set forth on page one of this Mortgage,of any default under the superior encumbrance and of any sale or other foreclosure action. IN WTfNESS V41EMF,Borrower has executed this Mortgage Seal. f (Seal) .IOSEP P. FOURNIER Bmmwer J lY t^�t (Seal) h DIANA L. FOURNIER $Oepwe[ (Seal) BOIIDN or (Seal) -aOROWer (Sign Original Only) •76(&W(0401) CHL(011041 Page 4 of 5 Form 38M Bir 903 PG 47 DOC ID is 0006699730708004 The Note secured by the Mortgage has: a Principal Sum of 44,980.00 aPeriodofLoanof 240 Months a Rate of Interest of 11.000 %Periodic Due Dates of The 1st Day of Each Month COMMONWEALTH OF MASSACHUSETTS, M til!erg County as: On this day of AUS 3 12004 before me the undersigned notary public, personally appeared proved to me through satisfactory evidence of identification,which were Ott woe, to be the person whose name is signed on the preceding document,and acknowledged to me that hdshelthtwft it voluntarily for its stated purpose. / N00, \ c °R rQ i My Commission Expires lic i c•'•.9 �`G.'' 11111111 cc (l) CHL(OVO4) Pape 5 d 5 Farm S822 6K 90-33 PG 48 Exhibit A Our file number: 04922 Joseph P.Fournier Diana L.Fournier33 Riverview Street,North Andover,Massachusetts 01845 Filed With Essex When recorded,please return to: CHRISTOPHER T.PERRY ATTORNEY AT LAW,P.C. 15 CHESTNUT STREET ANDOVER,MA 01810 A certain parcel of land together with the building or buildings thereon shown as Parcel 10 on"Plan of lots on Riverview Street,North Andover,Mass.,by Ralph B.Brasseur,C.E.,dated October 25,1948."Said parcel is more particularly bounded and described as follows: Northwesterly by Riverview Street,forty nine and 54/100(49.54)feet as shown on said plan; Northeasterly by lot 11 as shown on said plan,one,hundred thirty seven and 60/100(137.60)feet; Southeasterly by the Boston and Maine Railroad,fifty and 68/100(50.68)feet as shown on said plan;and Southwesterly by lot 9,one-hundred thirty two and 42/100(132.42)feet as shown on said plan. Containing 6745 square feet of land more or less. Subject to and with the benefit of any restrictions of record,easements of record,or agreements of record if any there be and so far as same may be in force and applicable. The above described premises are known as 33-35 Riverview Street. This conveyance is made subject to a mortgage to the Essex Braodway Savings Bank recorded at Essex North District Registry of Deeds. For title see deed attached herewith. BK 9533 PG 180 UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Botrower shall pay when due the principal of, and interest on,the debt evidenced by the Note and any prepayment charges and We charges due under the Note. Borrower shall also pay funds for Escrow Items pursaant to Section 3, Payments due under the Note and this Security Instrument shall be made in U.S. cumacy.However,if any check or other instrument received by Leader as payment under the Note or this Security InstrumC► is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms,as selected by Lender: (a)cash; (b)mon%orda; (c) certified check, bank check,treasarces check or cashier's check, provided any such check is drawnupon as institution whose deposits are insured by a federal agency, instrumentality,or entity;or(d)l ectronic Funds Transfer. Payments are deemed received by Leader when received at the location desigaat!od in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Leader may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan carmat. Lender may accept any payment or partial payment insufficient to bring the loan cunt,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,but Lender is not obligated to apply such payments at the time such payments are accepted If each Periodic Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds.Lender may hold such unapplied funds until Borrower makes payment to bring the Loan cuir .If Borrower does not do so within a reasonable period of time,Leader shall either appy such funds or return them to Borrower. If not applied earlier, such farads will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Linder shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Leander shall be lied m the following order of priority: (a)interest due under the Note; (b)principal due under the Note; (c aamounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second W any other amounts cine under this Security Instramcot, and then to reduce the principal balance of the Note. If Lander receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding,Lewder may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extant that,each payment can be paid in full. To the extent that any excess exists atter the payment is applied to the fall payment of one or more Periodic Payments, such excess may be applied to any late charges dna Voluntary prepayments shall be applied fast to any prepayment charges and then as described in the Note. Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3.Funds for Escrow Items.Borrower shall pay to Lender on the day Periodic Payments are due ander the Note,until the Note is paid in full,a sum(the"Fonds")to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security instrument as a lien or encumbrance on the Property;(b)Ieasehold payments or ground rents on the Property,if any;(c)premiums for any and all insurance required by Lender under Section 5;and(d)Mortgage Insurance premiums,if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance Fxemrums in accordance with the provisions of Section 10. These items are called"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Does, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be as Escrow Item. Borrower shall promptly famish to Lender all notices of amounts to be paid under this Section Borrower shall pay Leader the Funds for Escrow Items unless Lender waives Borrower's obligation to pay AMWA paid PM@4 of Foran 3021 1101 0120260121 -5643 II 05/10/2005 8:01:06 0000011Ait501210301311604 BK 9533 PG 181 the Funds for any or all Escrow Items.Leader may waive Borrower's obfiption to ppay to Leader Funds for any or all Escrow Items at any time.Any such waver may only be in writing.In the event of such waiver, Borrower shall pay dim*, when and where payable,the amounts due for any Escrow Items for which paymad of Funds has been waived by Lender and, if Lender squires, shall furnish to Leader receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and --I" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fads to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Leader any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, u such revocation, Borrower shall to Lender all and in such amounts that are thea ed n, p Fends, roque Pon ay under this Section 3. Lender may, at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of fiiture Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,or entity(including Lender, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account,or verifying the Escrow Items,unless Leader pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreemart is made in writing or Applicable Law requites interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or eamirip on the Funds.Borrower and Lender can agree in writing,however,that nrterest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Leader shall account to Borrower for the excess fiords in accordance with RESPA.If there is a shortage of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amort necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments.If there is a deficiency of Funds held in escrow, as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than,12 monthly payments. Upon payment in fhR of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. 4. Ckarges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees, and Assessments, if any. To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Leader,but only so long as Borrower is performing such agreement;(b)contests the lien in good faith by, or defends against enforcement of the lien m,legal proceedings which in Landau opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded;or(c)secures from the holder of the Bean an agreement satisfactory to Lauder subordinating the lien to this Security Instrument.If Lender ddermines that any part of the Property is subject to alien which can attain pnonty over this Secunty Instrument, Lender may give Borrower a notice identifying the li(s. AM6MA moi) Page 5of 1s .d /, Form 3022 1101 0120250121 -5643 05/10/2005 8:01:06 1-11- ��II 00000120250121000/MOM BK 9533 PG 182 Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actioni set forth above in this Section 4. Leader may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan, S.Property Insanm e.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Leader requires insurance. This insurance shall be maintained in the amounts(including deductible levels) and for the periods that Leader requires.Whet Lender requires pursuant to the preceding sentences can change dang rithe tam of the Loan. The msnraace carrier providing the insurance shall be chosen by Borrower subject to Leede es right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay,in connection with this Loan, either~ (a) a ono-time charge for flood zone det®nination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Boaower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore,such coverage shall cover Lender,but might or might not protect Borrower,Borrower's equity in the Propaty,or the contents of the Property,against any risk,hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security lnstrument. Those amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest, upon notice from Leader to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as ct�$gaaggoe and/or as an additional loss payee.Leader shall have the right to hold the policies and renewal a . am, If Leader requires, Borrower shall promptly give to Lender all receipts of paid premiums and reaewd notices.If Borrower obtains any form of insurance coverage,not otherwise required by Lander,for damage to, or destruction ol;the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Leader may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds,whether or not the underlying insurance was required by Leader,shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and not lessened such air and restoration Leader shall have the ri to Leader's s is o Daring rep period, ght hold such insurance proceeds until Lender has had an opportunity to inspect sack Property to ensure the shall be undertaken work has been completed to Lender's satisfaction, provided that such inspection Pro promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be pain on such insurance proceeds,Leander shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,retained by Borrower shall not be paid out ofthe insurance proceeds and shall be the sole obligation of Borrower.If the restoration or r * is not economically femsnble or Lender's security would be lessened,the insurance proceeds shat!be apphed Lo the sums secured by this Security Instrument, whether or not then due., with the imn.n: AM6MA poi) P"s e of is Form 3022 1f01 0120250121 -5643 I 05/10/2005 8:01:06 �! 000M2025012103013110M BK 9533 PG 183 access, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property,Lender may file,negotiate and setae any available insurance claim and related matters.If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim The 30-day period will begin when the notice is given. In either event, or if Leander acquires the Property ander Section 22 or otherwise,Borrower hereby assigns to Leader(a)Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid ander the Note or this Security Instrument,and(b)any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property,insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid ander the Note or this Security Instrument,whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lander otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage.If insurance or condemnation proceeds are paid in connection with damage to,or the taking of,the Property,Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a seder of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable case. 8.Borrower's Loan Application.Borrower shalt be in default if,daring the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information)in connection with the Loan.Material represemetions include,but are not limited to,representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9.Protection of Lender's Interest in the Property and Right Under this Security Instrument.If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b)time is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights ander this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights ander this Security Instrument,including protecting and/or assessing the value of the Property,and securing and/or repairing the Property.Lender's actions can include,but are not limited to: (a)paying any Sams secured by a lien which has priority over this Security Instrument; (b) appearing in court;and(c)paying reasonable attorneys'fees inkr.: AM6MA(ow) Pap of 16 &ly _ .Foam 3022 1101 VT 0120250121 -5643 05/10/2005 8:01:06 000004 2601210001311607 BK 9533 PG 184 to duo: its interest in the Property and/or nights under this Security Instrument, including its secured PO sition in a buftaptcy proceeding. Seearing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water ftm pipes, eliminate building or other code violations or dangerous conditions, and have utilities tamed on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Leader incurs no liability for not taking any or all actions auftrized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Inshmnent. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Leader to Borrower requesting payment. If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger mwriting. 10.Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If for any reason, the Mortgage Insurance coverage required by Leader ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgageurer .Insurance previously in effect, from an alternate mortgage ins selected by Lender.If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Leader will accept, use and retain these payments as a non-refundable loss reserve in liar of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in fall, and Lender shall not be rehired to pay Borrower any interest or earnings on such loss reserve.Leader can no longer require loss reserve payments if Mortgage Insurance coverage(m the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of mating the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law.Nothing in this Section 10 affects Boaowees obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk,or reduce losses. These agreements are on terms and conditions that are satisfactory to time mortgage insurer and the other party.(or parties)to these agreements. These agreements may require the mortgage insurer to make payments using any source of fiords that the mortgage insurer may have available(which may include fonds obtained from Mortgage Insurance premiums). As a result of these agreements,Lender,any purchaser of the Note,another insurer,any reinsurer,any other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that deme &,rtohf, might be characterized as)a portion of Borrower's paymamts for Mortgage Insurance,is exchange ing or modifying the mortgage insurer's risk,or reducing losses.If sack agteement�rovides that an arrangement is often termed"captive reinsurance."Further: AMt;MA(ow) Farm 3022 1101 0120250121 -5643 05/10/2005 8:01:06 � � ll 000001202001210301311000 BK 9533 PG 1$5 (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Inorance,or any other terms of the Loan.Such agreements will not increase the amount Borrower will owe for Mortgage Insurauce,and they will not entitle Borrower to any refund. (b)Any such agreements will not affect the rights Borrower has- if say - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. 'These rights may include the right to receive certain disclosures,to request and obtain cancellation of the Mortgage Insurance,to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. Darin; sack repair and restoration period, Lender shall have flee right to hold such Miscellaneous Proceeds until Lender bas had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly.Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as die work is completed.Unless an agreem is made m writing or Applicable Law requires mterost to be paid on such Miscellaneous Proceeds, Lender shall not be rewired to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,with the access, if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not 1hen due,whir the excess,if any,paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of die Property immediately before the partial taking,destruction,or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before ire partial taking, destruction,or loss in value,unless Borrower and Leader otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by(b) the fair market value of the Property immediately before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking,destruction, or loss in value of the Property in which the fair market value of the Property mmmediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Leader otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or if,after notice by Leader to Borrower that the Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for dama#es,Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" mow the third pmly that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding,whedher civil or criminal,is begun drat,in Lender's judgamot,could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Secm*Instrument Boaower can cure such a default and,if acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a AMWA(moi) Pop o of 15 Forth 1022 1101 0120250121 -5643 05/10/2005 8:01:06 INIV.&M11 000001202601210301311000 1 BK 9533 PG 186 sling that, in Leridet's judgment, pmeclude>s forfeiture of the Property or other material impairment of Lender's interest ire the Property or rights ander this Security Instrument.The proceeds of any award or claim for damages that an attributable to the*aitment of Leader's interest m the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument(ranted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or airy Successors in Interest of Borrower.Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to a lend time for payment or otherwise modify amortazahon of the sums secured by this Security Woument by reason of any demand made by the original Borrower or any Successors is Interest of Borrower. Any forbearance by Lender m exercising any right or remegyy including,without limitation,Lender's acceptance of payments from gird persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Board. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signet"): (a) is co-signing this Security Insh ment only to mortgage, grant and convey the co-signer's interest m the Propertyunder the two 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 can agree to extend,modify,forbear or make any accommodations with regard to the tams of this Security Instniment or the Note without the co-signer's consent. Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's obligations ands this Security Instrument in writing, and is approved by Lender, shaIl obtain all of Borrower'srighfs and benefits under this Security Insttummt Borrower shall not be released fiom Botrower's obligations and liability under this Security Instrument Wen Lender agrees to such release in writing.The covenants and agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Larder may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,including,but not limited to,attorneys'fees,property inspection and valuation fees.In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that are mWessly prohibited by this Security Instrameut or by hcable Law. If the Loan is subject to a law which sets maoonmam loan #es,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may choose to make this refund by reducing the grinctpal owed under the Note or by making a direct payment to Borrower.If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for ander the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower migbt have arising out of such overcharge, 15.Notices.All notices given by Borrower or Lender in connection with this Security lastrument must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Boiroweas notice address if sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be a the Property Address unless AM6MA roaoi) pop io of is Form 3022 1101 0120250121 -5643 05/10/2005 8:01:06 0000012028012103015/1410 BK 9533 PG 187 Borrower has designated,a substitute notice address by notice to Leader. Borrower shall promptly notify Leader of Borrower's change of address.If Lender specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure.There may be only one designated notice address under this Security Instrument at any one time. Any notice to Londa shall be given by delivering it or by mailing it by first class mal to Lender's address stated herein unless Leader has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Leader.If any notice required by this Security Instrument is also required under Applicable Law,the Applicable Law requirement will sadisfy e corresponding requirement under this Security Instrument16.Covernizz Law;Severability;Rales of Coastructlon.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any nquirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law,such conflict shall not affect other,provisions of this Security hWruument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and =Wing phird and vice versa;and(c)the word"may"gives sole discretion without any obligation to take any action. 17.Borrower's Copy.Borrower shall be given one copy ofthe Note and of this Security Iastrament. 18. Transfer of the Property or a Benefidal Interest in Borrower. As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property,including,but not limited to, those beneficial interests transfected in a bond for deed, contract for deed, installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in fall of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option. Leader shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days ftm the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument,If Borrower fps to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument wed at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Bor: s right to reinstate;or(c)entry of a judgment enforcing this Security Instrument Those conditions are that Borrower:(a)days Lender all sums which then would be due under this Security Instrument and the Note as if no aaderation lad occurred;@)cures any defaah of any other covenants or agroernents;(c)pays all expenses incurred in enforcing this Sxurity Instrument, including, but not limited to, reasonable attorneys'fees,property inspection and valuation fees,and otter fees incurred for the purpose of protecting Lender' and (d) takes such action as Leader may reasonably regnrro to assure that Lender's interest in the Property and fights under this Security Ind rnme , and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.Lender may require that Borrower pay such reinstatement sums and a prow in one or more of the following forms, as selected by Lender•. (a) cash, (b) money order, (c) certified check, bank check, AM6MA poi) Papp 11 W 15 Form 3022 1101 0120250121 -5643 05/10/2005 8:01:06 000001202601210301311611 BK 9533 PG 188 treasurer's check or cashier's check,=oMr'Ycn7: check is drawn upon an institution whose deposits are insured by a federal agency,instruor(d)IIcctrouic Funds Transfer.Upon reinstateinCut by Borrower,this Security Instrument and obligations secured hereby shall remain folly effective as if no acceleration bad occurred. However,this right to reinstate shall not apply in the case of acceleration under Section 18. 20.Sale of Note;Change of Loin Servicer;Notice of Grievance.The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.A sale might result in a change in the entity(known as the"Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument and performs otherrumpge loan servicing obligations under the Note,this Security Instrument,and Applicable Law. There also might be one or more changts of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires m connection with a notice of transfer of servicing.If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Notepurchaser. Neither Borrower nor Lender may commence,Join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other part's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of,this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other patty hereto a reasonable period after the giving of such notice to take corrective action.If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to care given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardono Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toidc or hazardous substances, pollutants,or wastes by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile sohvems, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction when the Property is located that relate to health, safety or enviromnental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"means a condition that can cause,contribute to,or otherwise trigger an Enviromnental Cleanup. Borrower shall not cause or permit the presence,use, disposal, storage, or release of arty Hazardous Substances,or threaten to release any Hazardous Substances,on or in the Property. Borrower shall not do, nor allow an else to do, anything affecting the Property(a)that is in violation of any Environmental Law, (b)which creates an Environmental Condition, or(c)which,due to the presence,use,or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property.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(including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Envnomeutal Condition,including but not limited to,any spilling,leaking,discharge,release or threat of release of any Hazardous Substance, and (c) airy condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property.If Borrower learns,or is notified by InMW AMGMA(mi) PWO 12 of 15 Form 5022 1101 0120250121 -5643 05/10/2005 8:01:06 �� 000001202501210301311612 BK 9533 PG 189 any goveminental or regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Leader for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender(rather covenant and agree as follows: 22.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (bat not prior to acceleration ander Section 18 unless Applicable Law provides otherwise The notice shall specify:(a) the default;(b)the action required to care the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default mast be cared; and(d)that failure to care the default on or before the date specified in the notice may remit in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale.If the default Is not cared on or before the date specified in the notice,Lender at its option may require immediate payment in fell of all sums secured by this Security Instrument without farther demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Leader shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this Section 22, including,but not limited to,reasonable attorneys'fees and costs of title evidence. If Leader invokes the STATUTORY POWER OF SALE,Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, In the manner provided by Applicable Law.Lender shall publish the notice of sale,and the Property shall he sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a)to all expenses of the sale,including, but not limited to,reasonable attorneys'fees;(b)to all sums secured by this Security Instrument;and (c)any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument. Borrower shall pay any recordation costs. Leader may charge Borrower a fee for releasing this Security knstrument,but only if the fee is paid to a third party for services tendered and the charging ofthe fee is permitted ander Applicable Law. 24.Waivers.Borrower waives all rights of homestead exemption in the Property ad relinquishes all rights of curtest'and dower in the Property. AMSMA poi) eras 13 Of is Form 3022 1101 0120250121 -5643 05/10/2005 8:01:06 00=129250121030131101 BK 9533 RG 190 BY SI"G BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and reworded with it Witnesses: 3009;h P. Fournier -Bonower a (Seal) Diana L. Fournier -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) I (Seal) -Borrower -Borrower AMMiA taco) Pep re of is Form 3022 1101 0120250121 -5643 05/10/2005 8:01:06 AM II 000001 02501210301311614 � k BK 9533 PG 191 COMMONWEALTH OF MASSACHUSETTS, Countyss: h'Adleux On this �y day of At on>nem ,before me,the undersigned notary public,personally appeared ms-c�R �a..sr ►<< .u,x Qt"& proved to me through satisfactory evidence of identification,which was/wereM� drL<<►v's C-Lh Se to be the person(s)whose name(s) Is/are signed on the preceding document,and acknowledged to me that he/she/they signed It voluntarily for its stated purpose. My Commission Expires:a 5 110 {sed) Pc �e�i��• ee Notary UWIC 066640 irr r�rrrrrrii )121-5643 06/1012006 8:01:06 AM 400.15MA 0N) PW16 d 1S 000001202601210301311815 s BK 9888 PG 346 Reootd ro Requested by& When Recorded Return T0: Dos 3313 2 RCountry 0I� MORTGAGE 2825 Country Ddva Ste 201 521 7Wi Paul,MN 65117 'a so to Cf,--.<")'� p 1p Box IS CEO=,TES MORTGAGE SECURES RM ME ADVANCES. TWS mURTOAGE III=a&this 24TH day of OCTOBER 20 O6 ,betwam the Mortgagor, JOSEPH P. FOURNIER AND DIANA t. FOURNIER, HUSBAND AND WIFE AS TIBJE BEN FICIAL MASSACHUSETTS INC. a mpniud and =lifts Ne We of DELAWARE wbm add= is 2 GAYTHORNE RD, METHUEN, MA 01844 (heMin The following paqtsph 1me"by a cha ked bot is applicable. Mx Y t�gpg, er is to i,,�p�in theapal psura of$ 30,748.44 eyidamad by Bonom'B IxIsm Agranumt dried OCTOBER 24, 2006any CC 'Ncte'� pmviug for momtld WWkoeft ofpSinC*=a inta lM i>lcludim$myBLijt aeat8 to the onoaut Of psymsuft or the oofttleCt ram if that rate is variable, with the balm= of the mdabtedness, if not socaur pmol, due and payable on OCTOBER 24, 2026 ; ZtNHM AS.Bammat is indebted to Lender in the principal mama of $ ,, or so mush as may be advanced p mmm to Borrower's Revolving Loan- metnamot � and adoodmB and mwwals thereof(ha�'Notem), Z.ALfar tmv im allmente, WtOreet 8t tate and under the terms specified in the Nate,inoloding any mdj=m=2 is in the rate if that tate is variable and pwvi&ng far a credit limtt stated in the p dncapal sum above and an initial adyanc+a of$ ; T0 S8C[TR]I3 to Lendat the t+epayiadabtecinasa evidenced by the Note,with interest tbareaal, brUrng any ittonaaes if the oar ftd rate is vatisbie.(2)fudge advaacaa under any Revolving Loeon A (3)the of aU other stuns,with istro1 thmeon,advanoad in accoub o hma a to protect the secuti of this MW • and (4)the parfomsattoe of the coves and agmememos of Banow er herain oontaincd, Borrower doesarotstd convey to Lender and Lender'ssameemms and assigns the following describedp gmty lacatedW t 'Coa>ly Of ESSEX state of Masswbimak r- s e + A CERTAIN PARCEL OF LAND TOGETHER WITH THE BUILOINGS OR =>' BUILDINGS THEREON SHOWN AS PARCEL 10 ON 'PLAN OF LOTS ON ' Bo � RIVER STREET, NORTH ANDOVER, MASS., BY RALPH B. BRASSEUR, � + cr C.E., DATED OCTOBER 26, 16481. SAID PARCEL IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS; NORTHWESTERLY 10 BY RIVERVIEW STREET, FORTY-NINE AND 641100 (46.54) FEET AS SHOWN ON SAID PLAN: NORTHEASTERLY BY LOT 11 AS SHOWN ON SAID CONTINUED ON EXHIBIT A-LEGAL DESCRIPTION O 4w wbkhjWthe add�o'33 RIVERY IEW ST., NORTH ANDOVER — C1' Mawnhuma 01846 Owrein"Brop uty Addtems" ; ,arvioas a-zn-a trte � Iwumlal wF5l2B8T4pplriTU100dY1Q01ZE10�F01lNilER • OIIBINAI. a ' f BK 9988 PG 347 TOGETIM with all the in.pnovennents now or hen+eafter erected aln the property,earl.all easeanents,rights, apputt and runts,all of which shall be deemed too be and= nd rtrn6rn a pmt of the covered by this and all of the faaegoing,together with said property{or the leasehold estate if tide tgage is on a are hereinafter referred to as the This mortgage is WM the Statutwy = tier any breach of which the Lender shall have the STATUTORY POWER OF SALE. Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to moottgaga,grant and ennvey the Property.and that the Property is unenmbe�red,except for arm Ananees of record.Borrower covenants that Han+o~Yex warrants and will defend generally the title to the Property against all claims and demands,subject to encumbrances of record_ UNIFORMANT .Barrowet and Lander aymad of Phi bdpolSand h t resL Borrower shall;ro�m�t pay when rine the principal and irdereet indebtedness evidenced by the Note and late charges as provided in the Note,including any variations resulting from changes in the contract nate. 2.Funds for Tam and Insn=m Subject to applicable law and only if requested in writing by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full,a sum(herein"Funds")equal to ore-twelfth of the yearly taxes and assessments Cm h ding eoadoinhAum and planned unit development assessments,if airy)which may attain priority over this Mortgage and ground rents on the Property,if any,plus one4welRh of yearly premium installments far ha-rdmsmanet,qhs allo-twelfth of yearly ptremium installments for mortgage insurance, if any,all es reasonably estimated initially and from.time to time by Leader on the basis of aes�nents and bills and ttasonable estimates lheteof.Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower mates such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender,the Funds shall be held in an institution the deposits or accounts of which arta ineuzect.at gaatauntead by aPedethl etc arab agency Cmclttding Leneier if.Lender is snGh an itntioaa).Letrder shall apply the Funds to pay said.taxes,anesamants, i>merrmme premhm W and ground rents, Luer may not change for so holding and lye de the Rm , analyzing said account or verifying and compiling aidits and bills,umbers Lender-pays Borrower interest on the Funds and applicable law perm Lender to maim such a charge.Borrower and Lender may agree in ting at the time of execution of t 'has Martgage that interest on the Funds shall be paid to Borrower,and unless agreement is made or applicable law regnirrs such inteeest to be paid,Lander aril not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made.Ile Funds are pledged as additional security for the sums secured by this Mortgage:. If the amount of the Funds held by Lender,together with the future monthly installments of Funds payable prior to the due dates of taxes,assessments, insurance premiums and ground tents, shall exceed the amount required to pay said taxes,assessments,insurance premiums and ground rents as they fall due,such excess shall a be,at Borrower's option,eitherrepaid to Borrower or credited to Borrower on monthly installments of Funds.If the anoamt of the Funds he Lender shall not be sufficient to pay taxes,assessments,insurance Premiums and ground rents as they fall due,Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Leader may require. U pon paymnent in full of all swans secured by this Mortgage,Lender shall promptly refund to Borrower any funds l>eld by Lender.If under l7 hereof the Property is sold or the Property is otherwise acquired by Leadder,Lender shall apply,no lafzrs n iamoaliately prof to the sale of the Property or its acquisition by Lender, any Fends held by Leader at the time of application as a credit against the stuns secured by this Mortgage. 3.Appl1cedn of PaymaeW&Unless applicable law or the Note provide otherwise,all payments received by Lender under the Nobe and paragraphs 1 and 2 hereof shall be applied by Leader first in payznent of amounts payable to Lender by Borrower under paragraph 2 hereof,then to Watest,and than to the principal. 4.Prior Mortpges and Deed eef 'haat; Charges; Liana. Borrower shall perform all of Borrowers obligations under any mortgage,dead of trier at other severity agree with a lien which has priority over this Mortgage,including Borrower's covenants to ma aymnesnts when�Botzower shall pay or cauae to be)aid all taxes,assessments and other charges,fines and impositions attributable to the Property which may atlamn a priority over this Mortgage,and leasehold payments or ground rents,if any. 5.Hazard insurance. Borrower shall keep the immm nts now exwhng or hetet erected on the mg narch appmnval shall not be unreasonably withheld. Ail insenance po'cies and thereof 01-22-114 rums su►oomaz XF5e262746r196YfGe06a ADO12E2t1N*FGMIER ■ GRIGIML BK 9888 RS 348 oW be in a faun acceptable to I.aarlef and aball inchxb a standard martgage chwse in favor of and in a form hall acceptable to Lender.Letdar shave the right to hold the oolicies and irr awals ibereof,sub�eot to the terms of any mortgage,deed of tenet or other security Areemant M&a lieu*blah bort peiatity over tens Moft w In the event of loos,Hwtfower shallgive p un pt notice to the'itiaottsnoe dice and tender.Lsada.my macre of prod of if not made by;8arrotva. If the Property is Hea�rrower.gr if Hanowea to teaapomd to I�atdar vvwM 30 days firma the date notice is mailed by to arzowear that the ipsanr aroe can*offem to settle a Wain for iticrtatrce benet9ts,Lander is autluodbed to cohi t ad sspppp11Y*0 inae�aee prooee sat 'e optiaa►'eid►er tc neta+wtioa� ar of the Preop or to the acetic Beaute% �r�atioa mWataeaancet of ) Corrdoynioiri000 .Planuod U3dt Baerower shall keep the I mMmty is g�" . not comae$ waste at permit impdtlrimt at deterioration of the Property and shall w�tha of=y leasee if this Mortgage is an a leasehold. If flus is as a unit is a a �dlo�ce a puoit develppa�ptatt,Hoitiuwer shall peacfartn all of Borrower's 'oarsunder the doWsa iion or ogvenattga att+atiag of the coaudominitttit olr:plafuala3 d=it doocuateeaits the bq-lNc rs and regulatiaia oPtbe camcAdmai iiwn ar d�evelopma4 and 7.Protection of Undoes Security.H Borrower We to perfoem the Covenants.and�contained in this Mortgage„or if any action or proceeding is oomme need which mdwrially afhds 'a ititaatst in the rwperty,thea Leaders at Lender's option,upon notice to Borrower,may scalae such appearances,diebt w such sums„mel reasonable atoomew fees.cid ta�aes sou b Gioia as Is=to roteet Loan's infest.If Lender taaatgage ace a cond'tti r maalpaog rice lose 000�oittad by we Mortgage,Borrower atban ppray the pram rums regmirod to mait►tain aataxh insurance In aiifeet until such time as the requirement'for such inwuatwe terminates m soccer ranee with Hattayw6f's cad Leridaa'e arritt<sa agi+eemctanrt err applicable law. Any amounts&Wtndby Lr Wer to this 1,whh, tbetece,at the contract tate,shall become additional ' btedtress of wet by &>atr�wet gmd Lander agree to Wier'terhii, df payme�sucl wucmta shall be uptarli tt ooh 4i Borrowert,ggt>es�g payment Nothing contained m this patagxa11 -7 Drell regain T: der to radar any expense or tab any action h9fMadeL erica.Loader ma malm or cause to be made reesaatable entries open and iaspeaians of the Property, provided tbat I.atder awl;VO Harrower notice prior to axe►such specifying reasonable Guise.therefor tetated toles 'Rinterest m tba Ptopetty. 9.Condemoadoa The proceeds of an award or claim fordavowen,direct err 000sequetatial,in eoraectien with any or other takitsa of the Property,or part4woof.of for conveyance in lien of oondemnnstion,are hereby assigned and shall be paid to Lender,sub�tble team of any.mo4tgryge,deed of trust err other security agreeanmit with a lien which has pfiafity ova this, a IA.BmTower Not Relemd;.Forbes enee By Leudear Not a Waiver•.Extw4w of the time for payment or modification of amortization of the sums secured by this Nortgange by I.emclet to any MXXO tsor in interest of Bcoewer and all other pmties who are or hereafter became at yiiabae shall lot operamto release,in any manna,the}Lability of the original Borrower and Borrower's saQsxssoeb in interest.Lends shau not be YeQuited to Commewe antCcoespf at refew to extend time for payment of otherwise modify ataorpzation . se the sums cured by this Wetgage by of any de�tl made by the original Borrower and Borrower's successors in interest.Any fafbansim a by I,gnder in a any right or remedy bwounder,or otherwise afforded by applicable law, aball not be a waiver of at preclude fhb exeraiae of any such right or IL Successors and Asi3gns •terror and Sado►esral Liablgty;Carrs.The covenants and ag�roemenb heroin contained atball bLtd,entitles ri hecatmderahalt inara to,theme r�rpeotive successaaas and ages of Lender and Banower,subjeot to the provislort of 16 beteod All covonanb and agreements of Harrower shah be joint and several.Any Borrow who c;o4ws ' but riot execute the Nate.(a)is co-sigtdtig this Mortgage only to grant and convey that 'a in the property to Lender udder the terms of thin Mortgage.(b)fs not perso fly liable on the Note or u►idaa'ibis Mortfag%and(o)agrees that Lander and any oder Borrower hmmider may agree to extend,modify.fofbtia .of ilaaloe any other acxconmadatiotts with regard to the tetras of this Mortgage or the Note witbcttt that Hartowa'a cotisent and withatt releasing that Borrowererr modifyioorg this Mortgage as to that Borowees interest in do 12.Notice.Except for crag notice mpited under applioable law bre be,given it ainatha manner,(a)any notice to Borrower provided for is this Mortgage shall bac gives by delivering it of by mailing such notice by ratified mail addressed to Borrower at the Property.Address or at such other iahtai as Borrower may designate by node to Leander as praMed herein,and(b)any notice to Lender W"be given certified mail to LeriderIs axldraea stated herein or to such other addteas as Lmtder may"vats by 4000 toPottowaEvided herein..Any notice provided for in Us Mortga a shall be deemed to ban been given to Borrower err when given in the manner a-u-ac to trumtX3 ■f5a26371iUla1TBR000YN0012E90�F011WiER N OR161iY11 ' f BK 9888 PG 349 D.Cawing Law; SewxabiftThe applimMe law contained in the Nobe shall control. When no applicable law is oa dained dwein,the state and local laws epplicable to this�shall be the taws of the c orlon in which the Property is located The fan+e®oiag sentience shall not limit applicability of Federal w to this In the event that sap paovrs�ons.oa clause of this Moatgage the Nate conflicts with pliable law�oonflict shall tart affect other provisions of this Mortgage or the Note which can be given affect without the contlictiug provision, and to this end the provisions-of thisr" and the Note are se declared to be severable. As used herein, 'costs', "expenses" and 'attorneys' fees include all sums to the extent not prohibited by aplicable law or limited herein. 14.Borrower's Copy.BoiTower shall be famished a codolrmed copy of the Nate and of this Mortgage,if at the time of execution or after reom"ou hereof. Rebablith on tan Agreement.Hom wer shall fulfill all of Bonower's obligations under any homTe Improvement,repair,ca other loan agreement which Borrower entero into with Leader.Lender,at Lender's 6 may requite Borrower to execute and deliver to Lender,in a form acceptable to I.endez an assignment of any rights, chums or defenses which•Borrower may have against parties who supply ls�or, materials or services in connecxiern with improvements made to the Property. 16.Transhr of the Property.If Borrower sells or transfers all or any part of the Property or an interest therein,exchuling(a)the creation of a lien or encumbrance subordinate to this Mortgage,(b)a transfer by devise, descent,or by operation of law uRm the death of a joint tenant,(c)the grant of any leasehold interest of three oc less not contaitring as optnoa to purchase,Hafrower shall cause to be submitted infamation required by to evaluate the transferee as if a new loan weKie being trade to the transferee.Borrower will continue to be obligatedutulertheNote aadthisMortgageunless Lenderreleases rower in writing. If Lender does sot agree to such sale or tratlsfet,Lender may declare all of the sums secured by this Mortgage to be immediately due and payable.lf Lender exercises such option to acoelerate,Linder shall mail Borrower notice of acceleration in accmdmncx with paragraph 12 hereof.Stich notice shall provide a period of not less than 30 days frara the date the notice is mailed ar delivered within which Borrower may pap the sums declared doe.If Borrower fails to pay such sutras prior to the expiration of such period,Lender may,without further notice or demand on Bcnower,invoke any remedies permitted by p to h 17 hereof. NONAINIPORM COVENANTS.Borrower and Lender fn�er covenant and agree as follows: 17.Acceleration;Remedies.R=W as provided in paragraph 16 hereof,or as otherwise required by law,upon Borrower's breach of any covenant.or t of Borrower in this Mortgage,including the covenants to pay when due any sums secured by this Mortgage,Lender prior to seceleradon stroll Rive notice to Borrower as provided in paragraph lZ hereof specifying:(1)the breach;(Z)the aeries regahred to cure such breach;(3)a date,not has than 10 days from the date the notice is mailed to Borrower,by which such breach must be cured;and(4)that failure to core such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage,and sale of the Proprty.The notice shall further inform Borrower of the right to relnstate after acceleration and the right to bring a court action to assert the nonce of a deli alt or any other defense of Borrower to aecelsi*tion and sale.If the breach is not cured our or before the date epedW in the notice,Lender,at Lender's option,may declare all of the sums secured by this Mortgage to be immediately due and payable without farther demand and may invoke the STATUTORY POWER OF SALE and any other remedies permifted by applicable law.Lender shall be entitled to collect all rnasonsble costs and expenses incurred in pursuing the remedies provided In this paragraph 17,including,but not limited to,reasonable attorney's fees. It Lender invokes the STATUTORY POWER OF SALE,Lender shall mail a copy of a notice of sale to Borrower,and to any other person ragoini by appbeable law,is the manner provided by applleaM- 1 w.Lender shall publish the notice of sale and the Property shall be sold in the manner prescribed by applicable law.Leader or Leader's dmay purchase the Property at any sal.The proceeds of the sale shag be applied in the following or�.(a)to all reasonable costs and expenses of the sale,bwkding reasonable attorneys'fees and costs of the evidence,(b)to all sums secured by this Mortgage;and(c)the ezeeas,if any,to the person orPersons lesgaIIY entitled thereto. 18 Borrower's Bight to Bebnstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach,Borrower shall have the night to have any proceedings begun by Lender to enforce this Mortgage diseontimmd at any time prior to the earlier to occur of(i)sale of the purses-- W the power of sale contained in this Mortgage or(i) entry of a judgment enforcing this gage if: (a) Harrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration oecnnred;(b)Borrower cures all breaches of say other caveelsrits.or agreements of Borrower mined in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contamed in this Mortgage, and in edowing Leader's remedies as provided is 09_u_04&M I�IIII�i1�1�1�111111®111�1�1�11 MA0012E4 ■FSSZU?4MOMTOGOOM0012E40mMFOEMIER M ORIGINAL a Q� BK 9888 PG 350 sph 17 hereof,bdu&46 bat not limited to,reasamehle aaattaamor'foes►and(d)Boemavat falces such action may ressomebly r�u'n+e to some that the lieu of tea indet's ism m ►y and Bomwer's obhgadm to pay the named b�►flt�L Mat�a w M�d effoa and one by Bammer,this Modtgage ti8eticoshereby" to soeeleaatica had occurred. V. of 1te�;Leaden in Palerwiom As additional security betawkier,Borrower lure aalalla;igds to L ender��of the Propeety,provided thallt 8orrewer 9WL pelar to aaxelausttaan undaetprogniph ?han+eof of abetdoo meat of the Property,have the right to collect and retain inch rants as they beeom e,cme and payable. Upon accela n dw Under paragraph 7 hereof or abandmanew of the ,Lender sMU be entitled to anter upc�a,taioe posawdon of sad tWi and to ooUarx the raxots a Property including those past due. All�s collected by the Lender It flret to pp�� of the costs ref mamgem W of the Ptroperty and colledim of treats,iac but noteaagosbla ettomeys'freer,atnd tbeo to•the annus named by this Mo$tgtlge.140alahaall s to aala3C01mt only for those rants eetoa ay roo dVO& 2t.H mestend Wa tww.The relewe the hommoad rights fin thanselves, their family,and any minor umnatr;ed children, created doclatedon dated N A , recorded in N/A County Rooney of Deed$,Hook N/A Page N/A . 2L Release. Uponpaymaent of all am seems Mat10-01e. L.andet rhell discharge this Mattgage if In is not obT$*d to refiasnoe the debt at to make flranre advsrtoes. 22.Arbbratiacan Bider to Norte. The Arbitration Rider attached to and made part of the Node is hereby incorporated by reference and made part of thin bkttgage. . (M SPACE DnZNTIONALLT LEFT BILAM MFII�fIgIOeaRCIOOdII{001> lIgV1ER � d11011Y1L r BK 9888 PG 351 BEQUEST FOA NOnC8 OF DEFAULT --Am FOHECLOSm UNDER SUPEBIOH MORTGAGES OR DE®S OF TRUST Borrower and Lender request the holder of any mortgage,deed of oust or other encumbrance with a lien which bas psrlority cm this Moetgage to give Notice to Lender,at Lender's address set forth on page one of this Mortgage,of any default under the superior encumbrance and of say We.or other foreclosure action 7xS F,Barrowea has executed this Mortgage under Sec]. 7, JEFIi P. FOURNIER DIANA L. FOURNIER borrower COMMONWEALTH OF MASSACHUSETTS, L%5 r County ss: On this• day of b sift-m- 2"� asp;` ,befm me,the undea dSned notary provedpublic, personallyc....- v1=e1 a , a$ were �� to me thmu satisf ev�-of= to be the penson(s)whose name(s)is signed an the preceftg or attached an stc to me that(he)(she)signed it vokawily for its stated purpose. R. KQNIER signature and seal of notary) ATTORNEY AT LAw My cammisdon expires -- _ X COMMONWEALTH OF MASSACHUSETTS, County ss: On this day of .20 ,before me the undersigned notary public,ply proved to me tbmugh say evidenm of identiffeadow,which were to be the person(s)whose asma(o)is signed an the preceding ar ac to me that(he)(she)signed it vcbmtaay for its stated purpose. (off cial dpahme and seal of notary) My comaniWan expires (Space Below This Lime Remerved For Lender sand Recwdw) as-tt-ft wrd wsootns �5f269TI6tIDfiNfS000011110012E60�i01lFNIf3t N OA161NAL 6 BK 9888 PG 352 EXHIBIT A (PAGE 1) PLAN, ONE HUNDRED THRITY-SEVEN AND 601100 (137.60) FEET; SOUTHEASTERLY BY THE BOSTON AND MAINE RAILROAD, FIFTY AND 881100 (60.68) FEET AS SHOWN ON SAID PLAN; AND SOUTHWESTERLY BY LOT 8, ONE-HUNDRED THIRTY-TWO AND 421100 (132.42) FEET AS SHOWN ON SAID PLAN. CONTAINING 8146 SQUARE FEET OF LAND MORE OR LESS. BEING THE SAME PROPERTY CONVEYED FROM WILLIAM A. FREDETTE AND LILLIAN D. FREOETTE, NOT STATED TO JOSEPH P. FOURNIER AND DIANA L. FOURNIER, HUSBAND AND WIFE BY DEED RECORDED 08/02104, IN BOOK 8033, AT PAGE 20, IN THE REGISTER'S OFFICE OF MIDDLESEX COUNTY, MASSACHUSETTS. w •F5t281746U19A19100011D0,lEOO FOIM1191 w ORICINAL 33 RIVERVIEW STREET 072.0-0010 Complaint Detail Report Printed On: Tue Jun 14,2011 Complaint#: CT-2011-000053 Status: Iln discovery GIS#: 4398 Violator: FOURNIER, JOSEPH& DIAN '40WTk Address: 33 RIVERVIEW STREET Map: 072.0 Address: 33 RIVERVIEW STREET of,.'4a .,��o �+ +` o; Date Recvd.: Jun-14-201 1 ITime Recvd.: 04:21 PM Block: 0010 NORTH ANDOVER, MA 018 ALIqOW 'a oiiinswilmah IV Category: Trash and Debris Lot: Type: Residential ♦ sI ' + GeoTMS Module: Board of HealthDistrict: Trade: '��'°••�o��''1 Recorded By: Pamela DelleChiaie Zoning: I IStructure:11 SSAtNUgt -_ Description: Complaint: Caller,Diane Blanchett of 47 Riverview Street stated that 33 Riverview Street has been an abandoned property since last fall. The grass has only been cut twice since spring. In addition,garage was left open with trash cans and debris all over. Rats have been seen. Please investigate.--p.d. Comments: Inspector Assigned to Complaint: Contacts Contact Type Date Time Name Phone �/��Be Time To Reach Recorded By Response Caller Jun-14-2011 4:21 PM Diane Blanch q/f� j���0a cJ Pamela DelleChiaie Follow-Up by Health Inspector Ol c\ Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL ova 11 k _�& 4VN Vj&' f �VYV_L 0� 4C N"(n� t � /0-D GeoTMS®2011 Des Lauriers Municipal Solutions, Inc. Page 1 of 1 Driving Directions from 1600 Osgood St,North Andover, Massachusetts to 33 Riverview... Page 1 of 2 mapquest' �Q To investors who want to retire comfortably. Trip to: 33 Riverview St If you have a $500,000 portfolio, North Andover, MA 01845-1607 download the guide written by Forbes 2.44 miles columnist and money manager Ken 6 minutes Fisher's firm. It's called "The 15-Minute Notes Retirement Plan." Even if you have something else in place right now, it still makes sense to request your guidel Click Here to Download Your Guide! FI.snu 1Nvk rPAk..xW . 1600 Osgood St Miles Per Miles North Andover, MA 01845-1048 Section Driven 1. Start out going SOUTH on OSGOOD ST I RT-125 toward Go 1.4 Mi 1.4 mi ORCHARD HILL RD. 2. Turn SLIGHT RIGHT onto SUTTON ST. Go 0.9 Mi 2.3 mi r SUTTON ST is 0.2 miles past GREAT POND RD 3. Turn RIGHT onto N MAIN ST. Go 0.1 Mi 2.4 mi N MAIN ST is 0.1 miles past CHARLES ST 4. Take the 1 st RIGHT onto RIVERVIEW ST. Go 0.07 Mi 2.4 mi If you reach the end of N MAIN ST you've gone a little too far ® 5. 33 RIVERVIEW ST is on the RIGHT. 2.4 mi If you reach the end of RIVERVIEW ST you've gone about 0.1 miles too far 33 Riverview St 2.4 mi 2.4 mi North Andover, MA 01845-1607 http://www.mapquest.com/print?a=app.core.cd4dde5569a669884335efla 6/15/2011 NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 • Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report OWNER ADDRESS DATE Rev.6/04 INSPECTOR NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 a Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report OWNER ADDRESS DATE Rev.6/04 INSPECTOR