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Home My WebLink AboutMiscellaneous - 7 WALKER ROAD 4/30/2018N i f- North Andover Board of Assessors Public Access • Page 1 of 1 s 14ORTH ' OE �M1ao .•�q•G 3: e� gyp. ...+., • OL IO- 9 i SSACHUSE Click Seal To Return Search for Parcels Search for Sales Summary Residence Detached Structure Condo Commercial North Andover Board of Assessors Parcel ID :210/083.0-0027-0003.0 FY:2009 SKETCH No Sketch Available !, Property Record Card Community: North Andover PHOTO Na Picture Available Location: 7 WALKER ROAD Owner Name: MOHEN, CHRISTOPHER L & KATYN A. C/O QIAN, HUI Owner Address: City: State: MA Zip: 01730 Neighborhood: 0 Land Area: 0.00 acres Use Code: 102 -CONDOMINIUM Total Finished Area: 631 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 114,400 127,100 Building Value: 114,400 127,100 Land Value: 0 0 Market Land Value: 0 Chapter Land Value: http://csc-ma.us/PROPAPP/display.do?linkld=1462682&town=NandoverPubAcc 6/30/2009 North Andover Board of Assessors Public Access < Page 1 of 2 pORTM North Andover Board of Assessors Of s"■�,� �NO i " ' , < `mss• ,a " MATCHING PARCELS SS "CClick on a column title to sort data by that column Click Seal To Return 181 items found, display' a 51 to 100. [Firs rev] 1 1 2 1 3 1 4 ext/Last Fiscal Year Parcel ID St.No. Street Owner Name 2009 210/083.0-0025-0007.0 5 WALKER ROAD LIJUAN ZHU, Search for Parcels 2009 210/083.0-0025-0006.0 5 WALKER ROAD GARDIKIS,JONATHAN, 2009 210/083.0-0025-0005.0 5 WALKER ROAD SIRACUSA, THOMAS W, ELIZABETH M Search for Sales SIRACUSA 2009 210/083.0-0025-0004.0 5 WALKER ROAD REYNO, KENNETH, COLLIER, MARY 2009 210/083.0-0025-0002.0 5 WALKER ROAD O'NEIL, DAVID, O -NEIL, MAURA 2009 210/083.0-0025-0003.0 5 WALKER ROAD MC LOUGHLIN, ROBERT F, 2009 210/083.0-0025-0012.0 5 WALKER ROAD MC MAHON, ELIZABETH, MARCELLA N MC MAHON 2009 210/083.0-0025-0000.13 5 WALKER ROAD MEADOWVIEW CONDOMINIUM TRUST, JAMES BATTISTA, TR 2009 210/083.0-0025-0001.0 5 WALKER ROAD ARNOLD, ELAINE M, 2009 210/083.0-0026-0012.0 6 WALKER ROAD MOHAMMED GHANI, 2009 210/083.0-0026-0011.0 6 WALKER ROAD MEDICO, RICHARD A., 2009 210/083.0-0026-0002.0 6 WALKER ROAD MULLARKEY, CRYSTAL, C/O JOHN TANGSTROM 2009 210/083.0-0026-0007.0 6 WALKER ROAD ROY, RICHARD A, C/O ROY, MATTHEW C. 2009 210/083.0-0026-0001.0 6 WALKER ROAD BEASLEY, MARYELLEN, 2009 210/083.0-0026-0010.0 6 WALKER ROAD VINCENT, ROBINETTE M, 2009 210/083.0-0026-0009.0 6 WALKER ROAD MORAN, JOHN T, MICHAEL F KOWALSKI 2009 210/083.0-0026-0008.0 6 WALKER ROAD GILLIGAN, PAUL, 2009 210/083.0-0026-0006.0 6 WALKER ROAD MARTEL, RICHARD P & DEBRA, FAMILY BANK OPERATIONS CTR 2009 210/083.0-0026-0005.0 6 WALKER ROAD WINSKOWICZ,ROBERT, 2009 210/083.0-0026-0004.0 6 WALKER ROAD THOMAS, FREDY ALMANZAR, 2009 210/083.0-0026-0003.0 6 WALKER ROAD PIERCE, BEVERLY, 2009 210/083.0-0027-0004.0 7 WALKER ROAD GILBERT, VIRGINIA A, MARK R GILBERT 2009 210/083.0-0027-0003.0 7 WALKER ROAD MOHEN, CHRISTOPHER L & KATYN A., C/O QIAN, HUI 2009 210/083.0-0027-0002.0 7 WALKER ROAD REYNOLDS, LAWRENCE D., 2009 210/083.0-0027-0005.0 7 WALKER ROAD PELLETIER, RICHARD P & SUSAN N, 2009 210/083.0-0027-0006.0 7 WALKER ROAD REARDON, MICHAEL, JOSEPH F REARDON 2009 210/083.0-0027-0007.0 7 WALKER ROAD FENNESSEY, LYNN & MUCHA, MARK, 2009 210/083.0-0027-0008.0 7 WALKER ROAD KRAMER, MELANIE, 2009 210/083.0-0027-0009.0 7 WALKER ROAD TRAN, NHU, 2009 210/083.0-0027-0011.0 7 WALKER ROAD CURTIS, MELISSA S., http://csc-ma.us/PROPAPP/newSearch.do?noOwner--027%3BO34%3BO84%3BO59%3B l ... 6/30/2009 North Andover Board of Assessors Public Access or Page 2 of 2 2009 210/083.0-0027-0012.0 7 IWALKER ROAD BETTENCOURT, LAURI A, 2009 210/083.0-0027-0010.0 7 WALKER ROAD BARTHELMES, ALAN FRANCIS, 2009 210/083.0-0027-0001.0 7 WALKER ROAD SORIAL, EHAB N., SORIAL, NEVIEN Y. 2009 210/083.0-0028-0008.0 8 WALKER ROAD MACHADO, MATTHEW, 2009 210/083.0-0028-0006.0 8 WALKER ROAD GONZALES, MARIE A., 2009 210/083.0-0028-0003.0 8 WALKER ROAD MCGREGOR, KEVIN P., MCGREGOR, SUSAN J. 2009 210/083.0-0028-0002.0 8 WALKER ROAD FILIOS, LAURIE LEE, 2009 210/083.0-0028-0001.0 8 WALKER ROAD ORKNEY, KEVIN, LISA ORKNEY 2009 210/083,0-0028-0005.0 8 WALKER ROAD SHERIDAN, NANCY LT, ROLAN DE LOACH 2009 210/083.0-0028-0004.0 8 WALKER ROAD ZELLER, ELMER L, KATHERINE P ZELLER 2009 210/083.0-0028-0012.0 8 WALKER ROAD CRUSCO, STEPHEN, 2009 210/083.0-0028-0011.0 8 WALKER ROAD LIEF, DANIELLE, 2009 210/083.0-0028-0010.0 8 WALKER ROAD KOWALSKI, MICHAEL & FITZGERALD, ANN, 2009 210/083.0-0028-0009.0 8 WALKER ROAD WARD ° DEBORAH, C/O GREGORY BALESTRIERI 2009 210/083.0-0028-0007.0 8 WALKER ROAD NARDONE, JOHN M., 2009 210/083.0-0029-0002.0 9 WALKER ROAD HARRINGTON, LEO & FABIOLA HARRINGTON, 2009 210/083.0-0029-0003.0 9 WALKER ROAD LARKIN, JOHN E, 2009 210/083.0-0029-0004.0 9 WALKER ROAD COMMUNITY PROPERTIES, LLC, 2009 210/083.0-0029-0001.0 9 WALKER ROAD ILAGAN, MARIO, 2009 210/083.0-0029-0008.0 9 WALKER ROAD VENUTI, JAMES, 181 items found, disnlavine 51 to 100. fFirst/Prevl 1 1 2 1 3 1 4 rNext/Last] http://csc-ma.us/PROPAPP/newSearch.do?noOwner--027%3BO34%3BO84%3BO59%3B 1... 6/30/2009 � o 48 o0 J O � N v a � � � O a � Z Q N 0 J ��1 M N v y y er O O 1 cc y � � I� \Vn\ v \ p O� N oho x� w A O CM 0 y N N J ��1 v y y 1 cc y � � I� \Vn\ v \ p O� N oho x� w A O CM 0 y D .r J 1 y � � I� \Vn\ v \ � 4iEA v HEALTH DEPARTMENT Complaint/investigation Intake Report - Taken by: Date of Report: 7U `01� Time: Category/Type of Complaint: Address/Location of Incident: No 10 . 7 (I,cc d -v vlI 3 Name of Person Reporting: Phone Number: (@ Or W Phone Number: (Cell): Name of Alleged Violator: Phone Number of Alleged Violator: Complaint Details: L,, �.r Co,�,-,„5 G Fc --i yr en� i1 f �v�v� ✓� A iU✓1 , G Gr�xfi is soaked cod M014 f 9r Qe 6hoc�- is "le-- "d Y'hvl 0/) Rhe, §-W s Recommended corrective action to be taken: Immediate corrective action to be taken: To be Investigated by: Title: Date Scheduled for Investigation: i Date Submitted for Data Entry: DateEntered: BROWNtech Document Management Systems Page 1 of 1 Essex North Registry of Deeds Robert F. Kelley Search Document ID: 11358-271 Land Records Abstract by Book - Page Database searched: Land Document Index from Jan 1,1981 thru ]un 30, 2009 #18835 @ 04:02 DOCUMENT ABSTRACT D . Bk-Pg:11358-271 c:. ��. Recorded: 10-30-2008 @ 11:21:26am Inst #: 27829 Chg: N Vfy: Y Sec: N Pages in document: 3 Grp: 1 Type: Deed Doc$: 80,000.00 : NORTH ANDOVER Addr: 1-14 WALKER RD UNIT 7-3 Gtor: MOHEN, CHRISTOPHER L (&O) (Gtor) Gtor: MOHEN, KARYN A (&O) (Gtor) Gtee: QIAN, HUI (Gtee) Return addr: RAND & YOUMATZ.P.C. 2 STEVENS ST ANDOVER„ MA 01810 100.00 State excise: 364.80 Surcharge: 25.00 HOW TO USE THIS PAGE To see an abstract of the next sequential instrument, click on Next>. To see the previous panel displayed, click on <Previous. To view an image, click on the document icon with "DOC". Please note that if the icon "DOC" is not shown that means the document image is not available. To view an abstract of a referenced document, click it's hyperlink. images you will view and/or print will not have marginal reference notations on the image. If you are interested in inal reference information for a particular instrument/document, check and optionally print the abstract for it. There is for printing abstracts. To print the abstract, right click on the abstract side (not the left side) and- for Internet rer, select "Print". ' http://72.72.82.242/ALIS/WW400R.HTM?WSIQTP=LR09A&W9RCCY=2008&W9RC... 6/30/2009 Bk 11358 Pg272 #27829 MEADOW VIEW CONDOMINIUM UNIT DEED GRANTOR: Christopher L Mohen and %aryn A. Mohen, of North Andover, Essex County, Massachusetts, GRANTEE: Hui Qian, individually, of North Andover, Essex County, Massachusetts, V UNIT: 7-3 PERCENTAGE INTEREST: .48557% AREA: 631 sq. L .I<— a UNIT POST OFFICE ADDRESS: 1-14 Walker Road, North Andover, MA 01845 CONSIDERATION: $80,000.00 GRANTOR, owner of the UNIT de= -bed above in Meadow View Condominium created by Master Deed dated August 21, 1981 and recorded August 28, 1981 with the Essex County Northern District Registry of Deeds, Book 1527, Page 321, in accordance with the provisions of G.Lc. 183A, grants the UNIT to GRANTEE with QUITCLAIM COVENANTS for the CONSIDERATION stated above. The UNIT contains the AREA listed above and is laid out as shown on a plan recorded in said �3' Registry in Book 1775, Page 115, which is a copy of a portion of the plans filed with the Master Deed and to which is affixed a verified statement in the form provided for in G.L.c. 183A, Section 9. ` The UNIT is conveyed together with the above listed PERCENTAGE INTEREST (a) in the common areas and facilities of the Condominium, as described in the Master Deed, and (b) in the Meadow View Condominium Trust, recorded with said Registry of Deeds, Book 1528, Page 1. The UNIT is to be used only for residential purposes and uses accessory thereto permitted from time to time by the Zoning By -Law of the Town of North Andover and for no other purposes, except as may be expressly permitted by the Trustees in accordance with the provisions of the Meadow View Condominium Trust. The GRANTEE acquires the UNIT with the benefit 04 and subject to, the provisions of G.L.c. 183A, relating to condominiums, as that statute is written as of the date hereof and as it may hereafter be amended, the Master Deed and Condominium Trust referred to above and any by-laws and rules and regulations from time to time adopted thereunder, and all matters of record stated or referred to in the Master Deed as completely as if each were fully set forth herein; and subject to real estate taxes attributable to the UNIT which are not yet due and payable. Bk 11358 Pg273 #27829 Being the same premises conveyed to the herein named grantor(s) by deed of Daniel M. Shanahan and Sophia Shanahan (formedy Sophia Sarruda), dated January 19, 1996 and recorded with Essex North District Registry of Deeds in Book 2117, Page 215. Witness my/our hand(s) and seal(s) this 10*` day of October, 2008. Christopher L. Mohen Essex, ss. 71 It It JI %ate. . COMMONWEALTH OF MASSACHUSETTS On this bk"` day of October, 2008, before me, the undersigned notary public, personally appeared C her L M hen and Karyn A. Me&n proved to me through satisfactory evidence of identification, which was/were [vj driver's license(s) or [ 'to be the person(s) whose name(s) is/are signed on the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. Public•1n��3.tibwt;~ . Bk 11358 Ps 271 027829 10--30-2008 9 11 a 21 a . MASSACHUSETTS STATE EXCISE TAX Essex North Resistra Dates 10-30-2008 A ll:Zlas Ct1#a Be WO -6 27829 Fee: $364.80 Cons: 480000.00 ABOVE FOR REGISTRY OF DEEDS USE ONLY COVER SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT ADO NOT REMOVE 0'�r' - . GRANTOR OF PROPERTY MLC 4 w GkANTEE' DEED MORTGAGE DISCHARGE AFFIDAVIT -DEC OF HOMESTEAD DEC OF TRUST OTHER DESCRIBE ASSIGNMENT TYPE 6D. NOTICE TYPE SUBORDINATION CERT TYPE UCC Essex North Registry of Deeds Robert F. KeHey, Register 354 Merrimack St. Suite 304 Lawrence, MA 01843 (978) 683-2745 www.lawrencedeeds.com TYPE Rbnordat-m Requested by: Qdba* F.S.B. 12855 North Outer 40 Drive St Louis, MO 63141 When Recorded Mail to: Citibank, FAR P.O. Box 9206 Mail Station 81026 Farmington Hills, MI 48333-9206 Send Tax Notices to: Citibank, F.S.B. 15851 Clayton Road MS 309 Ballwin, MO 63011 Loan No: 002000114970 1110 tl MCIQl`� [spa Above D6 UN For ltecordft Duh] MORTGAGE BK 6456 FIG 23 Words used m multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated October 30, 2001, together with all Riders to this document (B) "Borrower" is Christopher L Mohan and Karya A. Mohen. Borrower is the mortgagor under this Security Instrument. (C) "Lauder" is Citibank, FAR . Lender is a Bank organized and existing under the laws of the United States. Lender's address is 128M N. Outer 40 Drive, Saint Louis, MO 63141. Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated October 30, 2001. The Note states that Borrower owes Lender Fifty Four Thousand Tea Dollars (U.S. S54,010.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 11/01/2016 . (E) "Properly" means the property that is described below under the heading "Transfer of Rights in the Property." � (I+) "Loan" means the debt evic*ced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower: QAdjustable Rate Rider ®Condominium Rider Second Home Rider QBalloon Rider Planned Unit Development Rider Footber(s):a"ectule, 'A" FRO 1-4 Family Rider Biweekly Payment Rider (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations. ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, foes, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. Ah ii CA N V 22'01 i' M 10' 16 MASSACHUSETTS - Single Family - Fannie MaafftwWle Mac UNIFORM INSTRUMENT Form 30P P/01 03022 - 071171.2000 [0020001149701 Pape 1 of 11 lnitisls: BK 6456 PG 238 (� t'Elechude Funds Transfer" means any transfer of limds, other than a transaction originated by check, draft, or similar paper irm mtent, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a fmancial institution to debit or credit an account. Such team 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 duan insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property, (ii) condemnation or other taking of all or any part of the Property, (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (11'n "Mortgage Inst nnee" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for: (i) Principal and interest under the Note, Plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 at 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 RESPA. (P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loam, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to header and Lender's successors and assigns, with power of sale, the following described property located in the County of ESSEX, Massachusetts: See Schedule "A" which currently has the address of 7 Walker Rd, Unit 7-3, North Andover, MA 01845-1952 ("Property Address'): TOGETHER W11H all the improvements now or hereafter erected m 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 Instrument as the "Property." MASSACHUSETTS - Singlo Family - Fannie MaalFreddie Mac UNUORM INSTRUMENT Form 101 C3022 - 07/17/2000 [OMOOD114970] Pepe 2 of 11 inkisis: BK 6456 FIG 239 BORROWER COVENANTS that Borrower is lawfidly seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform ommants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal o£ and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security lnsu meat 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) money order, (e) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, 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 finds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds 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 Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and amts 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 Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts 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 to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender reoeives 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, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first 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. & Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds') 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) leasehold 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 premiums in accordance with the provisions of Section 10. These items are called "Escrow Item." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's MASSACHUSETTS - Single Family - Fannie MaWraddie Mac UNIFORM INSTRUMENT Form 30 /01 03022 - 07/17/2000 1002000114970) Paye 3 of 11 Initials: BK 6456 FSG 240 obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and amt contained in this Security Instrument, as the phrase ..covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails 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 Lender 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, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required 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 lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future 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 Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 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, Lender shall account to Borrower for the excess fimds 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 amount 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 full of all sums secured by this Security Instrument, Lender shall promptly refired to Borrower any Funds held by Lender. 4. Charges; Liens. Harrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property winch 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 time 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 Lender, 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 in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are oencluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to alien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the Gen or take one or more of the actions set forth above in this Section 4. Lender 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 Imarrmce. 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 Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the Preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borroweds choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in oonnectioia with this Loan, either: (a) a one-time charge for flood zona determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification servioes 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 &torn an objection by Borrower. MASSACHUSETTS - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 101 C3022 - 07117R000[0020001149701 Pepe 4 of 11 InRials: BK 6456 FIG 241 1. If Borrower fails to maintain my of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower'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 Property, 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 S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender 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 olause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lander all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lander, for damage to, or destruction ori the Property, such policy shall include a standard mortgage clause and shall narne 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. Lender 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 Lender, 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 During such repair and restoration period. Lender shall have the right to hold such insurance proceeds until Lender has 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 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 paid on such insurance proceeds, Lender 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 of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, 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 settle 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 Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to bender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under 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 under 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 Lender 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; hupwiloos. 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 S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid firrther 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 series 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 cause. & Borrower's Loan Application. Borrower shall be in default if, during 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 Loam kAterial representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. IMASSACI4USETT5 - Sinpla family - Fannie MaWreddia Mac UNIFORM INSTRUMENT Form /01 03072 - 07/1712000 10020001149701 Pape 5 of 11 Initials. BK 6456 FG 242 9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument, If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of alien 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 under 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 sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attomeys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing 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 from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned 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 Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender 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 in writing. 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. I& for any reason, the Mortgage Insurance coverage required by Lender 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 Mortgage Insurance previously in effect, from an alternate mortgage insurer 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. Lender will accept, use and retain these payments as a non-refimdable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in 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 making 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-refimdable 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 Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (err any entity that purchases the Note) for oertam 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 the mortgage insurer and the other party (err parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include fiords 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 derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance.- Further: (a) Any such agreements wtU not affect the amounts that Borrower has agreed to pay for Mortgage Lmsarance, or any other terms of the Loam. Such agreements wHI not Increase the amount Borrower wOl owe for Mortgage Insurance, and they will not endtle Borrower to any refund. MASSACHUSETTS - Single Family - Fannie MaalFra Wle Mac UNIFORM INSTRUMENT Form 9q101 C3022 - 07/17/2000 [0020001 149701 1380060111 ImW. gad BK 6456 PV 243 (b) Any such agreements will not affect the right Borrower has - if any - with respect to the Mortgage Laurance under the homeowners Protection Act of 1998 or any other law. These v*ts 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 refkmd of any Mortgage Lwrance premiums that were mncarned 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 Properly, if the restoration or repair is economically feasible and Lender's security is not lessened During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lenders 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 the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not eoonomically 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 excess, 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 then due, with 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 vahre of the 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 the partial taking, destruction, or loss in value, unless Borrower and Lender 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 immediately 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 Lender 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 it; after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Leader 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" means the third party 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, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower 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 ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Tla proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to 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 Larder Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commerce proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments fiom third 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. MASSACHUSETTS - Single Family - Fannie McWmddie Mac UNIFORM NSTRUMENT Form 101 03022 - 07117/20W 10020001149701 Pape 7 of 11 In BK 6456 PG 244 13. Joint and Several Liability; Co-dgners; Successors and Assigps Bawd. 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-signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-sipec's interest in the Property under the terms of this Security instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any aceonumodations with regard to the tams of this Security Instrument 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 under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borwwees rights and benefits under this Security Instrument. Borrower shall not be released from Borrowers obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and amts of this Security Instrument shall bind (except as provided in Section 20) and benefit the suocessces and assigns of Lender. 14. Loan C6WVL Lender 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 expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum lean charges, 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 refimd by reducing the principal 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 under 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 might have arising out of such overcharge. IS. Notices. All notices given by Borrower or Lender in connection with this Security Instrument 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 Borrower's 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 the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender 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 Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender 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 Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; SeverabWty; Rales of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located All tights and obligations contained in this Security Instrument are subject to any requirements 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 probibition 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 Instrument 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 include the plural and vice versa; and (c) the word"may" gives sole discretion without any obligation to take any action. MASSACHUSETTS . Single Family - Fumle Maef reddle Mac UNIFORM INSTRUMENT Form 3022 Al 03022 - 07117r2000 [0020001149701 Paps a of 11 Inldab: BK 6456 FIG 245 17. Borrower's Copy. Borrower shall be given we copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Benefkial 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 tri msferred in a bond for decd, 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 tri msferred) without Lendefs 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 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 from 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 fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without fiuther 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 discontinued 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 Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Severity Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other foes incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, 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 expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a fixleeral agency, instrumentality or entity, or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Nodee 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 other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. N 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 in connection with a notice of transfer of servicing. U the Note is sold and thereafter the Loan is serviced by a Lean 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 Note purchaser. 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 party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by mum 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 party 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 are 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. MASSACHUSETTS - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENTForm 30 /01 03022 - 07/17/2000 P020001149701 pope of 11 Initindo: 2 BK 6456 PG 246 `21. Hazardous Substances. As used in this Section 21: (a)—Hazardous Substances" are those substances defined as toxic 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 solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (3)"Environmantal 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 Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone also 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 presenoe, 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 Environmental Condition, including but not limited to, any spilling, looking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substances which adversely affects the value of the property. N Borrower learns, or is notified by any governmental 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 Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further 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 (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice 111211 specify: (a) the default; (b) the action required to pure the default; (e) a date, not less then 30 days from as date the notice is given to Borrower, by which the default must be cured; and (d) that failure to can the default on or before the date specified in the notes may result in accelemtion of the somas secured by this Security Instrument and sale of the Property. The notice shall !tether 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 cured on or before the date specified i2 the notes, Lender at its option may require immediate payment is fah of an sums secured by this Security Instnuttent 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 expenses incurred in pursuing the remedies provided in this Section 22, krJuding, but not limited to, reasonable attorneys' fees and coats of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Leader 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. Leader shall publish the notice of sale, and the Property d" be sold In the manner prescribed by Applicable Law. Luer 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, iucludiog, but not United oh reasonable attorneys' fees; (b) to all suns 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 coats. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for semoes rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes all rights of curtesy and dower in the Property. MASSACHUSETTS - Single Family - Fannie MasrFreddle Mac UNIFORM INSTRUMENT C3= - 0711712000 10020001149701 Page 10 of 11 14 Form 9022 101 BK 6456 PG 247 • . BY SIGNING BELOW, Borrower accepts and agrees to the tams and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: [Spero Bebaw Tire Lae For Adnuwbdpmmtl INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF MA914-.aSelf S ) ��dj(e'S� ? . ) ss COUNTY OF ) On this day before me, the undersigned Notary Public, Personally appeared �� 'IW L' 4 �4rn A , to me known to be the individual(s) described in and who executed the Mortgage, and acknowledged that he/she/they signed the Mortgage as his/her/their free and voluntary act and deed, for the uses and purpojes ihemin mentioned Given under/mv hind and 0 Notary Public in and for the 1 thiin day of a40 6A doo Residing at of �Aa sSac �oSfi' j My commission expires J�- IOto / Q(kc. 3otaiw Sea1): MASSACHUSETTS - Slrple Fdifidd -_-fnanli MraelFraddle We UNIFORM INSTRUMENT Form 101 C3= - 07117/Z000 [002 01118701 Fape 11 of 11 Inklalss LASER PRO. Rep. U.S. Pa(i tl&Oft:, Vernzion OW 1.010V25=1 (c) 2001 C mntmx Incorporated, All Ripflte Reserved. BK 6456 PG 248 SCHEDULE "A" LEGAL DESCRIPTION ALL THAT CERTAIN UNIT IN NORTH ANDOVER, ESSEX COUNTY, COMMONWEALTH OF MASSACHUSETTS, AS MORE FULLY DECSRIBED IN DEED BOOK 2117, PAGE 215, ID # 083.0-0027-0003, BEING KNOWN AND DESIGNATED AS UNIT #7-3, MEADOW VIEW CONDOMINIUM, FILED IN PLAT BOOK 1527, PAGE 321, RECORDED 08/28/1981. TOGETHER WITH AN UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS PERTAINING THERETO. BY FEE SIMPLE DEED FROM DANIEL H. SHANAHAN AND SOPHIA SHANAHAN F/K/A SOPHIA SARRUDA, AS SET FORTH IN BOOK 2117, PAGE 215, DATED 01/19/1986 AND RECORDED 01/21/1986, ESSEX COUNTY RECORDS, COMMONWEALT OF MASSACHUSETTS. Christopher L. Mohen Karyn Mohen BK 6456 PG 249 CONDOMINIUM RIDER Doan No.: 002000114970 THIS CONDOMIN M RIDER is made this Thirtieth day of October, 2001, 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 Note to Cidbank F.S.B. (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 7 Wager Rd, Unit 73, Nor& Andover, MA 01845.1952 [Property Address] The Property includes a unit in, together with an undivided interest in the common elements of, a condominium project known as: Meadowview Condominiums [Name of Condominium Project] (the "Condominium Project'). If the owners association or other entity which acts for the Condominium Project (the "Owners Association') holds title to property for the benefit or use of its members or shareholders, the Property also includes Borrower's interest in the Owners Association and the uses, proceeds and benefits of Borrower's interest. CONDoMDC UM COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender fiuther covenant and agree as follows: A. Condominhun Obiigsdons, Borrower shall perform all of Borrower's obligations under the Condominium Project's Constituent Documents. The "Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Project; (ii) by-laws; (m) code of regulations; and (iv) other equivalent documents. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. R Property Imnrance. So long as this Owners Association maintains, with a generally accepted insurance carrier, a "master' or "blanket" policy on the Condominium Project which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, fi-om which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (u) Borrower's obligation under Section S to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, whether to the unit or to common elements, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. MULTISTATE CONDONHNKJM RIDER—Shale Family -Fannie MWFreddle Mac UNIFORM INSTRUMENT Form 5140 C3140 -11101/2000 P020001149701 Pape 1 of 2 Irdu". BK 6456 FIG 250 C. Public Liability Infurance. Borrower shall take such actions as may be reasonable to ensue that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Cendemnadom The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the Condominium Project, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ir) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender, Cut) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay condominium dues and assessments when due, then Lender may Pay them. Any amounts disbursed by Lender under this Paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Condominium Rider. MULTISTATE CONDOMINIUM RIDER -Single Family-Famle MaNFnddle Mac UNIFORM INSTRUMENT Form 3140 1101 03140 -11101/2000 [0020001146701 Page 2 of 2 LASER PRO. Reg. U.S. Pat. 3 T.M.O►f., Varslon ON 1.0 1W2512001 (c) 2001 Cwmntrsx IrmMoreted, A! RVft Reserved. BK 6456 PG 251 Loan No.: 002000114970 14 FAMILY RIDER (Aeelgnment of Reno) THIS 1-4 FAMILY RIDER is made this Thirtieth day of October, 2001, and is inoorporated 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 Note to CYtibank, F.SB. (the "Lender') of the same date and covering the Property described in the Security Instrument and located at: 7 Walker Rd, Unit 7-3, North Andover, MA 01845.1952 [property Address] 1.4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT- In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extant they ate fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instniment: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property coveted by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." B. USE OF PROPERTY; COMPLIANCE WITH LAW. Harrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. MULTISTATE 1.4 FAMILY RIDER• Fannio Maw7reddle Mae UNIFORM INSTRUM EWr =M -070r= 10020001149701 Paye 1 of 3 A% Form s170 fro BK 6456 PG 252 G ASSIGNMENT OF LEASES. Upon Lenders request after default, Borrower shall assign to Lender all leases of this Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. IL ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents') of the Property, regardless of to wham the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument and (ii) Lender has given notice to the tenants) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security oniy. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property, (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attroruey's fees, receivers fees, premiums on receivers bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Properly, and then to the sums secured by the Security Instrument, (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received, and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents, any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender seared by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this lamgmph• Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. L CROSS -DEFAULT PROVISION. Borrower's default or breach under any note or agrear neat in which Lander has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. MULTISTATE 1.4 FAMILY RIDER -Fannie MMIFroWle Mac UNIFORM INISTRUMENT 03170 - 07121rM 10020001149701 Pape 2 or 3 / Av� Form 3170 1101 w BK 6456 PG 253 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1-4 Family Rider. MULTISTATE 1-4 FAMILY RIDER—Fannie MaNPreddie Mac UNIFORM INSTRUMENT Form 3170 1101 03170 - 07/21/2000 [002000114970) Pop 3 of 3 LASER PRO. Rap. U.S. Pat. a T.M.Off., Version Citi 1.01012612001 (c) 2001 Conk Incorporstad, All Rights Reserved.