| MORTGAGE |
[Space Above This Line For Recording Data]
MORTGAGE
THIS MORTGAGE (“Security Instrument”) is given
on.....................................................................,
19
..... . The mortgagor
is.................................................................................................
.......................................(“Borrower”). This Security Instrument is given to
.................................................................................................................,
which is organized and existing
under
the laws of COMMONWEALTH OF
MASSACHUSETTS, and whose address is.......................................... .
......................................................................................................................................(“Lender”).
Borrower
owes Lender the principal sum
of....................................................................................................
......................................................Dollars
(U.S. $.....................). This debt
is evidenced by Borrower's note dated the
same date as this Security Instrument (“Note”), which provides for monthly payment,
with the full debt, if not paid earlier, due and payable on
......................................................................... .
This Security Instrument secures to Lender: (a) the repayment of the debt
evidenced by the Note, with interest, and all renewals, extensions and modifications of
the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7
to protect thesecurity of this Security Instrument; and (c) the performance of
Borrower's covenants and agreement under this Security Instrument and the Note.
For this purpose, Borrower does hereby mortgage, grant and convey to Lender,
with power of sale, the following described property located in
....................................................................... County,
Massachusetts:
*
* * SEE SCHEDULE "A" ATTACHED HERETO AND ANNEXED HEREIN * * *
which
has the address of ............................................................. ,
.................................................... ,
[Street]
[City]
Massachusetts....................(“Property
Address”);
[Zip Code]
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 Instrument as the “Property.”
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 warrants and will
defend generally the title to the Property against all claims and demand, 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 uniform
security instrument covering real property.
MASSACHUSETTS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3022 9/90 (page
1 of 6 pages)
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges.
Borrower shall promptly pay when due the principal of and interest on the debt
evidence by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower
shall pay to Lender on the day monthly payments are due under the Note, until the Note
is paid in full, a sum (“Funds”) for; (a)
yearly taxes and assessments which may attain priority over this Security Instrument as
a lien on the Property; (b) yearly leasehold payments or ground rents on the Property,
if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance
premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums
payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in
lieu of the payment of mortgage insurance premiums. These items are called “Escrow Items.” Lender may, at any time, collect and hold Funds in an amount not to
exceed the maximum amount a lender for a federally related mortgage loan may require
for Borrower's escrow account under the federal Real Estate Settlement Procedures Act
of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. (“RESPA”),
unless another law that applies to the Funds sets a lesser amount.
If so, Lender may, at any time, collect and hold Funds in an amount not to
exceed the lesser amount. Lender may
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 institute whose deposits are insured by a federal
agency, instrumentality, or entity (including Lender, if Lender is such as institution)
or in any Federal Home Loan Bank. Lender
shall apply the Funds to pay the Escrow Items. Lender
may 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. However, Lender may
require Borrower to pay a one-time charge for an independent real estate tax reporting
service used by Lender in connection with this loan, unless applicable law provides
otherwise. Unless an agreement is made or applicable law requires interest to be
paid, Lender shall not be required to pay Borrower any interest or earnings on the
Funds. Borrower and Lender may 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, showing credits and debits to the Funds and the purpose for which each debit to
the Funds was made. The Funds are pledged
as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by
applicable law, Lender shall account to Borrower for the excess Funds in accordance
with the requirement of applicable law. If
the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow
Items when due, Lender may so notify Borrower in writing, and, in such case Borrower
shall pay to Lender the amount necessary to make up the deficiency.
Borrower shall make up the deficiency in no more than twelve monthly payments,
at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender
shall promptly refund to Borrower and Funds held by Lender.
If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior
to the acquisition or sale of the Property, shall apply any Funds held by Lender at the
time of acquisition of sale as a credit against the sums secured by this Security
Instrument.
3. Application of Payments. Unless
applicable law provides otherwise, all payments received by Lender under paragraphs 1
and 2 shall be applied: first, to any prepayment charges due under the Note; second, to
amounts payable under paragraph 2; third, to interest due; fourth, to principal due;
and last, to any late charges due under the Note.
4. Charges; Liens. Borrower
shall pay all taxes, assessments, charges, fines and impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold
payments or ground rents, if any. Borrower
shall pay these obligations in the manner provided in paragraph 2, or if not paid in
that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be
paid under this paragraph. If Borrower
makes these payments directly, Borrower shall promptly furnish to Lender receipts
evidencing the payments.
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; (b) contests in good faith the
lien by, or defends against enforcement of the lien in, legal proceedings which in
the Lender's opinion operate to prevent the enforcement of the lien; 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 a lien
which may attain priority over this Security Instrument, Lender may give Borrower a
notice identifying the lien. Borrower
shall satisfy the lien or take one or more of the actions set forth above within 10
days of the giving of notice.
5. Hazard or Property Insurance. Borrower
shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire, hazard included within the term “extended coverage” and any
other hazards, including floods or flooding, for which Lender requires insurance.
This insurance shall be maintained in the amounts and for the periods that
Lender requires. The insurance carrier
providing the insurance shall be maintained in the amounts and for the periods that
Lender requires. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender's approval which
shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at
Lender's option, obtain, coverage to protect Lender's rights in the Property in
accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall
include a standard mortgage clause. Lender
shall have the right to hold the policies and renewals.
If Lender requires, Borrower shall promptly give to Lender all receipts of paid
premiums and renewal notices. In the event
of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall
be applied to restoration or repair of the Property damaged, if the restoration or
repair is economically feasible and Lender's security is not lessened. 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 by this
Security Instrument, whether or not then due, with any excess paid to Borrower.
If Borrower abandons the Property, or does not answer within 30 days a notice
from Lender that the insurance carrier has offered to settle a claim, then Lender may
collect the insurance proceeds. Lender may
use the proceeds to repair or restore the Property or to pay sums secured by this
Security Instrument, whether or not then due. The
30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of
proceeds to principal shall not extend or postpone the due date of the monthly payments
referred to in paragraph 1 and 2 or change the amount of the payments.
If under paragraph 21 the Property is acquired by Lender, Borrower's rights to
any insurance policies resulting from damage to the Property prior to the acquisition
shall pass to Lender to the extent of the sums secured by this Security Instrument
immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property;
Borrower's Loan Application; Leaseholds. Borrower
shall occupy, establish, and use the Property as Borrower's principal residence within
sixty 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. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate, or commit
waste on the Property. Borrower shall be
in fault in any forfeiture action or proceeding, whether civil or criminal, is begun
that in Lender's good faith judgement could result in forfeiture of the Property or
otherwise materially impair the lien created by this Security Instrument or Lender's
security interest. Borrower may cure such
a default and reinstate, as provided in paragraph 18, by causing the action or
proceeding to be dismissed with a ruling that, in Lender's good faith determination,
precludes forfeiture of the Borrower's interest in the Property or other material
impairment of the lien created by this Security Instrument or Lender's security
interest. Borrower shall also be in
default if Borrower, during the loan application process, gave materially false or
inaccurate information or statements to Lender (or failed to provide, Lender with any
material information) in connection with the loan evidenced by the Note, including but
not limited to, representations concerning Borrower's occupancy of the Property as a
principal residence. 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 leaseholder and the fee title shall
not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property.
If Borrower fails to perform the covenants and agreements contained in this
Security Instrument, or there is a legal proceeding that may significantly affect
Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for
condemnation or forfeiture or to enforce laws or regulations), then Lender may do and
pay for whatever is necessary to protect the value of the Property and Lender's rights
in the Property. Lender's actions may
include paying any sums secured by a lien which has priority over this Security
Instrument, appearing in court, paying reasonable attorney's fees and entering on the
Property to make repairs. Although Lender
may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional
debt of Borrower secured by this 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.
8. Mortgage Insurance. If
Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage
insurance in effect. If, for any reason,
the mortgage insurance coverage required by Lender lapses or ceases to be in effect,
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 approved by Lender. If
substantially equivalent mortgage insurance coverage is not available, Borrower shall
pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance
premium being paid by Borrower when the insurance coverage lapsed or ceased to be in
effect. Lender will accept, use and retain
these payments as a loss reserve in lieu of mortgage insurance.
Loss reserve payments may no longer be required, at the option of Lender, if
mortgage insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance
in effect, or to provide a loss reserve, until the requirement for mortgage insurance
ends in accordance with any written agreement between Borrower and Lender or applicable
law.
9. Inspection. Lender or
its agent may make reasonable entries upon and inspections of the Property.
Lender shall give Borrower notice at the time of or prior to an inspection
specifying reasonable cause for the inspection.
10. Condemnation. The
proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in
lieu of condemnation, are hereby assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to
the sums secured by this Security Instrument, whether or not then due, with any excess
paid to Borrower. In the event of a
partial taking of the Property in which the fair market value of the Property
immediately before the taking is equal to or greater than the amount of the sums
secured by this Security Instrument immediately before the taking, unless Borrower and
Lender otherwise agree in writing, the sums secured by this Security Instrument shall
be reduced by the amount of the proceeds multiplied by the following fraction: (a) the
total amount of the sums secured immediately before the taking, divided by (b) the fair
market value of the Property immediately before the taking.
Any balance shall be paid to Borrower. In
the event of a partial taking of the Property in which the fair market value of the
Property immediately before the taking is less than the amount of the sums secured
immediately before the taking, unless Borrower and Lender otherwise agree in writing or
unless applicable law otherwise provides, the 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 Lender to
Borrower that the condemnor offers to make an award or settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorized to collect and apply the proceeds, at its option, either to
restoration or repair of the Property or to the sums secured by this Security
Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any applications of
proceeds to principal shall not extend or postpone the due date of the monthly payments
referred to in paragraphs 1 and 2 or change the amount of such payments.
11. 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 granted by Lender to any successor in interest of
Borrower shall not operate to release the liability of the original Borrower or
Borrower's successors in interest. Lender
shall not be required to commence proceedings against any successor in interest or
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
Borrower's successors in interest. Any
forbearance by Lender in exercising any right or remedy shall not be a waiver of or
preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability;
Co-signers. The covenants and
agreements of this Security Instrument shall bind and benefit the successors and
assigns of Lender and Borrower, subject to the provisions of paragraph 17.
Borrower's covenants and agreements shall be joint and several.
Any Borrower who co-signs this Security Instrument but does not execute the
Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey
that Borrower'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 may agree to extend, modify, forbear
or make any accommodations with regard to the terms of this Security Instrument or the
Note without that Borrower's forbear or make any accommodations with regard to the
terms of this Security Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the
loan secured by this Security Instrument is subject to a law which sets maximum loan
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 chose to make this refund by reducing the principal owed under the
Note or by making a direct payment or Borrower. If
a refund reduces principal, the reduction will be treated as a partial prepayment
without any prepayment charge under the Note.
14. Notices. Any notice to
Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method.
The notice shall be directed to the Property Address or any other address
Borrower designates by notice to Lender. Any
notice to Lender shall be given by first class mail to Lender's address states herein
or any other address Lender designates by notice to Borrower.
Any notice provided for in this Security Instrument shall be deemed to have been
given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law; Severability. This
Security Instrument shall be governed by federal law and the law of the jurisdiction in
which the Property is located. 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 without the
conflicting provision. To this end the
provisions of this Security Instrument and the Note are declared to be severable.
16.
Borrower's Copy. Borrower shall
be given one conformed copy of the Note and of this Security Instrument.
17.
Transfer of the Property or a Beneficial Interest in Borrower.
If all or any part of the Property 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 Security Instrument.
However, this option shall not exercised by Lender if exercise is prohibited by
federal law as of the date of this Security Instrument.
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 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 further notice or demand on
Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to
have enforcement of this Security Instrument discontinued at any time prior to the
earlier of: (a) 5 days (or such other period as applicable law may specify for
reinstatement) before sale of the Property pursuant to any power of sale contained in
this Security Instrument; or (b) entry of a judgement 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
Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d)
takes such action as Lender may reasonably require to assure that the lien of this
Security Instrument, Lender's rights in the Property and Borrower's obligation to pay
the sums secured by this Security Instrument shall continue unchanged.
Upon reinstatement by Borrower, this Security Instrument and the obligations
secured hereby shall remain fully effective as if no acceleration has occurred.
However, this right to reinstate shall not apply in the case of acceleration
under paragraph 17.
19. Sale of Note; Change of Loan Servicer.
The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more time without prior notice to Borrower.
A sale may result in a change in the entity (known as the “Loan Servicer”)
that collects monthly payments due under the Note and this Security Instrument.
There also may be one or more changes 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 in accordance with
paragraph 14 above and applicable law. The
notice will state the name and address of the new Loan Servicer and the address to
which payments should be made. The notice
will also contain any other information required by applicable law.
20. Hazardous Substances. Borrower
shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower
shall not do, nor allow anyone else to do, anything affecting the Property that is in
violation of any Environmental Law. The
preceding two sentences shall not apply to the presence, use, or storage on the
Property of small quantities of Hazardous Substances that are generally recognized to
be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim,
demand, lawsuit or other action by any governmental or regulatory agency or private
party involving the Property and any Hazardous Substance or Environmental Law of which
Borrower has actual knowledge. If Borrower
learns, or is notified by any governmental or regulatory authority, 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.
As used in this paragraph 20, “Hazardous Substances” are those substances
defined as toxic or hazardous substances 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. As
used in this paragraph 20, “Environmental Law” means federal laws and laws of the
jurisdiction where the Property is located that relate to health, safety or
environmental protection.
NON-UNIFORM COVENANTS. Borrower and
Lender further covenant and agree as follows:
21. 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 paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result 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 cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and may other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fee and costs of title evidence.
If Lender 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 be 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' fee;
(b) to all sums secured by this Security Instrument; and (c) any excess to the person
or persons legally entitles to it.
22. Release. Upon payment
of all sums secured by this Security Instrument, Lender shall discharge this Security
Instrument without charge to Borrower. Borrower shall pay any recordation costs.
23. Waivers. Borrower
waives all rights of homestead exemption in the Property and relinquishes all rights of
curtesy and dower in the Property.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together
with this Security Instrument, the covenants and agreements of each such rider shall be
incorporated into and shall amend and supplement the covenants and agreements of this
Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check
applicable box(es)]
| [ ] | Adjustable Rate Rider | [ ] | Condominium Rider | [ ] |
1-4 Family Rider |
| [ ] | Graduated Payment Rider | [ ] | Planned Unit Development Rider | [ ] | Biweekly Payment Rider |
| [ ] | Balloon Rider | [ ] | Rate Improvement Rider | [ ] |
Second Home Rider |
| [ ] |
Other(s) [specify] |
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants
contained in this Security Instrument and in any rider(s) executed by Borrower and
recorded with it.
Witnesses:
.......................................................
.................................................................................(Seal)
-Borrower
.......................................................
.................................................................................(Seal)
-Borrower
[Space Below This Line For Acknowledgment]
COMMONWEALTH
OF MASSACHUSETTS
MIDDLESEX,
ss. ,
20
Then personally appeared the above named and
acknowledged the foregoing instrument to be his/her/their free act and deed
Before me,
Notary Public
My Commission Expires: