| Standard FNMA
Mortgage
Property Address : __________________________________________
DEFINITIONS
Words used in 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 __________________________,
together with all Riders to this document.
(B) "Borrower" is the mortgagor
under this Security Instrument.
(C) "Lender" is
_____________________________. Lender is a corporation,
organized and existing under the laws of Commonwealth
of Massachusetts. Lender's address is ________________________________. Lender
is the mortgagee under this Security Instrument.
(D) "Note" means
the promissory note signed by Borrower and dated ______________________________.
The Note states that Borrower owes Lender _________________________________(U.S.$ )
plus interest. Borrower has promised to pay this
debt in regular Periodic Payments and to pay the debt
in full not later than _______________________.
(E) "Property" means
the property that is described below under the heading "Transfer
of Rights in the Property."
(F) "Loan" means
the debt evidenced 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
[check box as applicable]:
(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, fees, assessments and other charges that are imposed
on Borrower or the Property by a condominium association,
homeowners association or similar organization.
(J) "Electronic Funds Transfer" means
any transfer of funds, other than a transaction originated
by check, draft, or similar paper instrument, which is
initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order,
instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but
is not limited to, point-of-sale transfers, automated
teller machine transactions, transfers initiated by telephone,
wire transfers, and automated clearinghouse transfers.
(K) "Escrow Items" mean
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 than 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.
(M) "Mortgage Insurance" 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.
(O) "RESPA" means
the Real Estate Settlement Procedures Act (12 U.S.C. 2601
et seq.) and its implementing regulation, Regulation
X (24 C.F.R. Part 3500), as they might be amended from
time to time, or any additional or successor legislation
or regulation that governs the same subject matter. As
used in this Security Instrument, "RESPA" refers
to all requirements and restrictions that are imposed
in regard to a "federally related mortgage loan" even
if the Loan does not qualify as a "federally related
mortgage loan" under 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 Loan, 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 Lender and Lender's
successors and assigns, with power of sale, the following
described property located in the County [Type of
Recording Jurisdiction] of [Name of Recording Jurisdiction]
Meaning
and intending to convey and hereby conveying the same premises
conveyed to (me/us) by deed recorded herewith.
SEE EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF
which currently has the address of _______________________________________("Property
Address"):
TOGETHER
WITH all the improvements
now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of
the property. All replacements and additions shall
also be covered by this Security Instrument. All of the
foregoing is referred to in this Security 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 demands, subject to any encumbrances of record.
THIS
SECURITY INSTRUMENT combines
uniform covenants for national use and non-uniform covenants
with limited variations by jurisdiction to constitute
a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower
and Lender covenant and agree as follows:
- Payment of Principal, Interest, Escrow Items,
Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of, 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 Instrument
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;(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 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 funds 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 agreements secured by this Security Instrument.
- 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 receives a payment from Borrower for a delinquent
Periodic Payment which includes a sufficient amount
to pay any late charge due, the payment may be applied
to the delinquent payment and the late charge. If
more than one Periodic Payment is outstanding, 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
Items." 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
obligation to make such payments and to provide receipts
shall for all purposes be deemed to be a covenant and
agreement contained in this Security Instrument, as
the phrase "covenant and 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 funds 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 refund to Borrower
any Funds held by Lender.
- Charges; Liens. Borrower shall pay
all taxes, assessments, charges, fines and impositions
attributable to the Property which can attain priority
over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association
Dues, Fees, and Assessments, if any. To the extent that
these items are Escrow Items, Borrower shall pay them
in the manner provided in Section 3. Borrower shall promptly
discharge any lien which has priority over this Security
Instrument unless Borrower: (a) agrees in writing to
the payment of the obligation secured by the lien in
a manner acceptable to 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 concluded; 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
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 lien 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.
- Property Insurance. Borrower
shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire,
hazards included within the term "extended coverage," and
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 Borrower's choice, which right shall
not be exercised unreasonably. Lender may require
Borrower to pay, in connection with this Loan, either:
(a) a one-time charge for flood zone determination,
certification and tracking services; or (b) a one-time
charge for flood zone determination and certification
services and subsequent charges each time remappings
or similar changes occur which reasonably might affect
such determination or certification. Borrower
shall also be responsible for the payment of any fees
imposed by the Federal Emergency Management Agency
in connection with the review of any flood zone determination
resulting from an objection by Borrower.
If Borrower
fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and 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 5 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 clause, 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 Lender all receipts of paid
premiums and renewal notices.If Borrower obtains
any form of insurance coverage, not otherwise required
by Lender, for damage to, or destruction of, the
Property, such policy shall include a standard mortgage
clause and shall name Lender as mortgagee and/or
as an additional loss payee.
In
the event of loss, Borrower shall give prompt notice
to the insurance carrier and Lender. 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 Lender (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.
- 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.
- Preservation,
Maintenance and Protection of the Property; Inspections. Borrower
shall not destroy, damage or impair the Property,
allow the Property to deteriorate or commit waste
on theWhether or not Borrower is residing in the Property,
Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value
due to its condition. Unless it is determined pursuant
to Section 5 that repair or restoration is not economically
feasible, Borrower shall promptly repair the Property
if damaged to avoid further deterioration or damage. If
insurance or condemnation proceeds are paid in connection
with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the
Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the
repairs and restoration in a single payment or in a 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 Loan. Material representations
include, but are not limited to, representations
concerning Borrower's occupancy of the Property
as Borrower's principal residence.
- 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 a lien which may attain priority over this Security
Instrument or to enforce laws or regulations),
or (c) Borrower has abandoned the Property, then
Lender may do and pay for whatever is reasonable
or appropriate to protect Lender's interest in
the Property and rights 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 attorneys' 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.
- Mortgage
Insurance. If Lender required Mortgage Insurance
as a condition of making the Loan, Borrower shall
pay the premiums required to maintain the Mortgage
Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by 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-refundable
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-refundable
loss reserve, until Lender's requirement for Mortgage
Insurance ends in accordance with any written agreement
between Borrower and Lender providing for such
termination or until termination is required by
Applicable Law. Nothing in this Section
10 affects Borrower's obligation to pay interest
at the rate provided in the Note.
Mortgage
Insurance reimburses Lender (or any entity that
purchases the Note) for certain losses it may incur
if Borrower does not repay the Loan as agreed. Borrower
is not a party to the Mortgage Insurance
Mortgage
insurers evaluate their total risk on all such
insurance in force from time to time, any 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 (or
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 funds 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 will not affect the amounts that
Borrower has agreed to pay for Mortgage Insurance,
or any other terms of the Loan. Such agreements
will not increase the amount Borrower will owe
for Mortgage Insurance, and they will not entitle
Borrower to any refund.
(b) Any
such agreements will not affect the rights Borrower
has, if any, with respect to the Mortgage Insurance
under the Homeowners Protection Act of 1998 or
any other law. These rights may include
the right to receive certain disclosures, to
request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated
automatically, and/or to receive a refund of
any Mortgage Insurance premiums that were unearned
at the time of such cancellation or termination.
- Assignment
of Miscellaneous Proceeds; Forfeiture. All
Miscellaneous Proceeds are hereby assigned to
and shall be paid to Lender.
If the Property is
damaged, such Miscellaneous Proceeds shall be applied
to restoration or repair of the Property, if the
restoration or repair is economically feasible
and Lender's security is not lessened. 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 Lender's
satisfaction, provided that such inspection shall
be undertaken promptly. Lender
may pay for the repairs and restoration in a single
disbursement or in a series of progress payments
as 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 economically feasible
or Lender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by
this Security Instrument, whether or not then due,
with the 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 value 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 if,
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 Lender within 30 days after
the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds
either to restoration or repair of the Property
or to the sums secured by this Security Instrument,
whether or not then due. "Opposing
Party" 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. The 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.
- 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 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 commence 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 from 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.
- Joint and Several Liability; Co-signers;
Successors and Assigns Bound. 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-signer'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 accommodations with regard to the terms 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
Borrower's rights and benefits under this Security
Instrument. Borrower
shall not be released from Borrower's obligations
and liability under this Security Instrument
unless Lender agrees to such release in writing.
The covenants and agreements of this Security Instrument
shall bind (except as provided in Section 20)
and benefit the successors and assigns of Lender.
- Loan
Charges. 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
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 choose to make this refund 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.
- 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.
- Governing
Law; Severability; Rules of Construction. This
Security Instrument shall be governed by federal
law and the law of the jurisdiction in which
the Property is located. All rights and
obligations contained in this Security Instrument
are subject to any 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
prohibition against agreement by contract. In
the event that any provision or clause of this
Security Instrument or the Note conflicts with
Applicable Law, such conflict shall not affect
other provisions of this Security 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.
- Borrower's
Copy. Borrower shall be given one copy of the
Note and of this Security Instrument.
- Transfer of the Property or a
Beneficial Interest in Borrower. As used in
this Section 18, "Interest
in the Property" means
any legal or beneficial interest in the Property,
including, but not limited to, those beneficial
interests transferred in a bond for deed, contract
for deed, installment sales contract or escrow
agreement, the intent of which is the transfer
of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest
in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest
in Borrower is sold or transferred) without Lender's
prior written consent, Lender may require immediate
payment in full of all sums secured by this Security
Instrument. However, this option shall
not be exercised by Lender if such exercise is
prohibited by Applicable Law.
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 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 further notice or demand on Borrower.
- 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 Security Instrument, including, but not
limited to, reasonable attorneys' fees, property inspection
and valuation fees, and other fees 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 federal 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.
- Sale of Note; Change of Loan
Servicer; Notice of Grievance. The Note or
a partial interest in the Note (together with this
Security Instrument) can be sold one or more times
without prior notice to Borrower. A sale might result
in a change in the entity (known as the "Loan
Servicer")
that collects Periodic Payments due under the
Note and this Security Instrument and performs
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. If there is a change of the Loan Servicer,
Borrower will be given written notice of the
change which will state the name and address
of the new Loan Servicer, the address to which
payments should be made and any other information
RESPA requires in connection with a notice of transfer
of servicing. If the Note is sold and thereafter
the Loan is serviced by a Loan Servicer other
than the purchaser of the Note, the mortgage loan servicing
obligations to Borrower will remain with the Loan Servicer
or be transferred to a successor Loan Servicer
and are not assumed by the Note purchaser unless
otherwise provided by the 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 reason of, this Security Instrument,
until such Borrower or Lender has notified the other
party (with such notice given in compliance with
the requirements of Section 15) of such alleged
breach and afforded the other 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 cure 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.
- 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; (c) "Environmental
Cleanup" includes any response action, remedial
action, or removal action, as defined in Environmental
Law; and (d) an "Environmental Condition" means
a condition that can cause, contribute to, or
otherwise trigger an 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 else to do, anything affecting
the Property (a) that is in violation of any
Environmental Law, (b) which creates an Environmental
Condition or (c) which, due to the presence, use, or
release of a Hazardous Substance, creates a condition
that adversely affects the value of the Property. The
preceding two sentences shall not apply to the
presence, use, or storage on the Property of
small quantities of Hazardous Substances that
are generally recognized to be appropriate to
normal residential uses and to maintenance of
the Property (including, but not limited to,
hazardous substances in consumer products).
Borrower
shall promptly give Lender written notice of
(a) any investigation, claim, demand, lawsuit or other
action by any governmental or regulatory agency
or private party involving the Property and any
Hazardous Substance or Environmental Law of which
Borrower has actual knowledge, (b) any Environmental
Condition, including but not limited to, any
spilling, leaking, discharge, release or threat of release
of any Hazardous Substance, and (c) any condition
caused by the presence, use or release of a Hazardous
Substance which adversely affects the value of
the Property. If Borrower
learns, or is notified by 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:
-
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 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 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, including, but not limited to, reasonable attorneys'
fees 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' fees; (b) to all sums
secured by this Security Instrument; and (c) any
excess to the person or persons legally entitled
to it.
-
Release. Upon
payment of all sums secured by this Security Instrument,
Lender shall discharge this Security Instrument.
Borrower shall pay any recordation costs. Lender
may charge Borrower a fee for releasing this Security
Instrument, but only if the fee is paid to a third
party for services rendered and the charging of
the fee is permitted under Applicable Law
-
Waivers. Borrower
waives all rights of homestead exemption in the Property
and relinquishes all rights of courtesy and dower in
the Property
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.
Borrower: ___________________________________________________
Witnesses: __________________________________________________
Commonwealth of
Massachusetts,
On this __________________ , before me,
the undersigned notary public, personally appeared , proved
to me through satisfactory evidence of identification,
which were
- Driver's License;
- State ID;
- Passport;
- Other
Government Issued ID;
- Other,
to be the person whose
name is signed on the preceding or attached document,
and acknowledged to me that he/she/they signed it voluntarily
for its stated purpose.
Harry P. Kotseas, Notary
Public
My Commission Expires: ___________________________________________
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