COMMONWEAL TH OF MASSACHUSETTS

ESSEX, ss SUPERIOR COURT DEPARTMENT

CIVILACTION.NO. /C/77( V/?"/&,1)
U.S. BANK NA, SUCCESSOR TRUSTEE
TO BANK OF AMERICA, NA,
SUCCESSOR IN INTEREST TO
LASALLE BANK NA, AS TRUSTEE, ON
BEHALF OF THE HOLDERS OF THE
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WAMU MORTGAGE PASS-THROUGH ..D
· CERTIFICATES, SERIES 2007-OAl
Plaintiff,

v.
_j

SUSAN E. BURRAGE,

VERIFIED COMPLAINT FOR DECLARATORY JUDGMENT

TRODUGTION- .. - - - - - - - - - - - - - - -

This action is brought pursuant to M.G.L. c. 240 § 6-10 and seeks to expunge re;corded

affidavits purportedly clarifying title ("Affidavit"). This relief is sought because Defendant, Susan

E. Burrage (the "Borrower") recorded affidavits under M.G.L. c. 183 §SB, challenging the
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mortgagee's, U.S. Bank NA, successor trustee to Bank of America, NA, successor in interest to

LaSalle Bank NA, as trustee, on behalf of the holders of the WaMu Mortgage Pass-Through

Certificates, Series 2007-0AI ("U.S. Bank"), right to enforce the mortgage encumbering the

property located at 13 Whale Cove Road, Rockport, MA O1966 ("Property") through foreclosure

sale. US Bank now seeks an order declaring the Affidavits null and void.
 PARTIES

I. The Plaintiff, U.S. Bank NA, successor trustee to Bank of America, NA, successor in

interest to LaSalle Bank NA, as trustee, on behalf of the holders of the WaMu Mortgage

Pass-Through Certificates, Series 2007-OAI ("U.S. Banlc"), is, upon information arid

belief a national banking association with a principal place of business at c/o Select

Portfolio Servicing, Inc. of3217 S. Decker Lake Drive, Salt Lake City, UT 84119.

2: The Defendant; Susan E-' Burrage (the "Borrower"), is, upon information and belief, an

individual with a last known address of 13 Whale Cove Road, Rockport, MA O1966.

FACTS

3. By Quitclaim Beed dated October.31, 1997, the Borrower acquired title to the Property.

A true and accurate copy of ;aid Q-uit~lai~ ri~~d re~~-;:-d~ ~ithili~ E;~~~ c~~ty ' --- .
(Southern District) Registry of Deeds ("Registry") in Book 14406, Page 37 is attached

hereto as Exhibit A.

4. On or about December 19, 2006, the Borrower signed a Note made payable to

Washington Mutual Bank, FA ("Washington Mutual") in the principal amount of

$1,500,000.00 ("Note"). The Note was subsequently endorsed in blank by Washington

Mutual. A true and accurate redacted copy of the endorsed Note is attached hereto' as

ExhibitB.

5. On or about December 19, 2006, the Borrower granted a mortgage to Washington Mutual
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securing the Note in the principal amount of amount $1,500,000.00 ("Mortgage").' The

mortgage defines the term "Lender" as the mortgagee under the security instrument, and
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more specifically as Washington Mutual. See Exhibit C at 'II Definitions (C). A redacted

true and accurate copy of the Mortgage recorded with the Registry in Book 26450, Page

I 5 is attached hereto as Exhibit C.

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6. Washington Mutual failed in September, 2008. The Federal Deposit Insurance

Corporation ("FDIC") was appointed as its receiver. Pursuant to its authority under the

Federal Deposit Insurance Act, 12 U.S.C Section 1821 (d), the FDIC then sold to

JPMorgan Chase Bank, N.A. ("Chase") all right, title, and interest in [Washington

Mutual's] assets." Gilbert v. Federal Nat. Mortg. Ass'n, l l-P-1165 at*!, 81

Mass.App.Ct. 1128 (Apr. 10, 2012) (Rule I :28 decision).

7. On or about October 25, 2010, Chase assigned the Mortgage to Bank of America,

National Association, as successor by merger to LaSalle Banlc NA as trustee for WaMu

Mortgage Pass-Through Certificates Series 2007-OAl("Banlc of America"). The

assignment was recorded on January 11, 2011 with the Registry in Book 30151, Page

491. A true and accurate redacted copy of the Assignment is attached hereto as Exhibit

D.

8. On March 11, 2016, the Borrower recorded an Affidavit with the Registry in Book

34768, Page 445, entitled "Affidavit Pursuant to G.L. c. 183 s. 5B" ("Borrowers' First

Affidavit"). The affidavit states that the assignment on record does not match the records

that the US Securities and Exchange Commission has for the Mortgage and therefore

there is a cloud on title. A true ap.d accurate copy of said First Affidavit is attached

hereto as Exhibit E.

9. On or about December 13, ·2017, Bank of America subsequently assigned the Mortgage

to U.S. Bank NA, successor trustee to Bank of America, NA, successor in interest to

LaSalle Bank NA, as trustee, on behalf of the holders of the WaMu Mortgage Pass-

Through Certificates, Series 2007-OA I. The assignment was recorded on February 20,

2018 with the Registry in Book 36536, Page 354. A true and accurate redacted copy of

the Assignment is attached hereto as Exhibit F.

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 10. On or about June 4, 2018, US Bank executed an affidavit regarding compliance with

M.G.L. c. 244 §§ 35B and 35C, which was recorded on June 13, 2018 with the Registry

in Book 36782,.Page 356 ("35B/C Affidavit"). The 35B/C Affidavit attests to the fact

that US Bank is the holder of the mortgage and the note. A true and accurate copy of the

35B/C Affidavit is attached hereto as Exhibit G.

11. On September 7, 2018, the Borrower recorded the Second Affidavit with the Registry in

Book 36996, Page 545, entitled "Affidavit of Lawful Ownership, Current Possession and

to Clarify Title Under G.L. c. 183,s. 5B" ("Borrowers' Second Affidavit"). A true and

accurate copy of said Second Affidavit is attached hereto as Exhibit H.

12. Tlie Borro"".ers' Affidavit falsely claims that US Bank does not have the ability to
·············-····----- - - - - - - - - -
foreclose and that the note and mortgage are void. See Exhibit H.

13. On November 14, 2018, US Bank sold the Property at foreclosure auction, in which the

Property was purchased by a third party.

-----------------------··-··-·------··---·---·----·-----------
14. The Borrower's Affidavits create a cloud on title, which prevented the third party

purchaser of the November 2018 foreclosure sale from obtaining clear title insurance and

led to the cancellation of the purchase and sales agreement.

15. US Bank now wishes to re-foreclose on the Property, however, its efforts have been

frustrated because a potential buyer would be unable to obtain clear title insurance due to

the cloud on title created by the recording of the Affidavits in the Registry of Deeds.

16. In order to exercise its statutory power of sale and foreclose on tl1e Property, US Bank

needs an order expunging and voiding the Affidavits recorded by the Borrower.

COUNT I - DECLARATORY RELIEF

17. The Plaintiff repeats and realleges the allegations above as if fully set forth herein.:

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 18. The recording of the Affidavits by the Borrower has created a cloud on title frustrating

the US Bank's attempts to exercise its statutory power of sale to foreclose on the

Property.

19. The Plaintiff has no adequate remedy at law.

20. The Plaintiff's rights, status, legal relations, and responsibilities will be adversely and
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irreparably affected if the Court does not forthwith enter a Declaratory Judgment

invalidating the Affidavits.

21. The Affidavits should be procl!µllled null and void, and ofno cause or effect.

WHEREFORE, the Plaintiff, U.S. Bank NA, successor trustee to Bank of America, NA,

successor in interest to LaSalle Bank NA, as trustee, on behalf of the holders of the WaMu

Mortgage Pass-Through Certificates, Series 2007-OAJ prays that tl1is honorable court:

I. Enter a Declaratory Judgment expunging the Affidavits recorded with the Essex·county

(Southern District) Registry of Deeds in Book 34768, Page 445 and Book 36996, P:1ge

545;

2. Enter a Declaratory Judgment declaring the Affidavits recorded with the Essex County

(Southern District) Registry of Deeds in Book 34768, Page 445 and Book 36996, Page

545 ineffective, null and void; and

3. Grant such other relief as this court deems just and appropriate.

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Respectfully submitted
U.S. Bank NA, successor trustee to Bank of
America, NA, successor in interest to LaSalle
Bank NA, as trustee, on behalf of the holders of
the WaML9-J1Y.t1J,ytgage Pass-Through Certificates,
0~ } I

'

armon Law Offices, P.C.

150 California Street
Newton, MA 02458
617-558-0743
kmchugh@harmonlaw.com

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 PLAINTIFF'S VERIFICATION

I have reviewed the relevant business records of U.S. Bank NA, successor trustee to Bank of
America, NA, successor in interest to LaSalle Bank NA, as trustee, on behalf of the holders of
the WaMu Mortgage Pass-Through Certificates, Series 2007-OAl. i have reviewed the Note
and Security Agreement, the Mortgage and other loan documents along with our computer·
records which are the subject matter of this lawsuit, such records were made at or near the time
by, or from information transmitted by, a person with knowledge, such records were kept in the
course of the regularly conducted business activity of the Plaintiff, and it was the regular practice
of the Plaintiff to make such records. I have also reviewed the records referenced in this action
that can be found in the Essex County (Southern District) Registry of Deeds associated with the
property that is the subject of this action.
The verification is based upon a general knowledge and is submitted to the best of the
verifier's knowledge. The verifier hereby certifies that I have read this Verified Complaint and
further acknowledge the facts stated therein are to the best ofmy knowledge true and that no
material facts have been omitted therefrom.
Signed under the Penalties of Perjury, this I day of / C) 2019. : ·
___Selem.£orl1l!li.o-6!i1VlG.l!!!L. lnc,M_ Alt(lf@Y.in Fae~--- _____________ _
U.S. Bank NA, successor trustee to Bank of
America, NA, successor in interest to LaSalle
Bank NA, as trustee, on behalf of the holders of
the Wal\1uMortgage Pass-Through Certifica~es,
Series 2007-0Al, - - - - - - - - · · · · ··---·-·

7&~ \ ~
By: Pallna Thorsted
Its: Document Control Officer

STATE OF _ _ _U_T_A_H_ _ __

611-t1-'j ol Salt Lake 'ss. a1, J '2019

On this _ ___,__ _ _ day of tJt!--f-· , 2019, before me, the undersigned notary
public, personally appeared /kJ111c,."r/->o,~-feJ ~ proved to me through satisfactory
evidence of identification, which were----=====------- (form of identification) to be
the person whose name is signed on the preceding or attached document, and acknowledged to me
that he/she signed it voluntarily for its stated purpose. ~ Doc. Control Officer Personally K~own
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Notary Public J (Sign and Affix Seal)

SHELLEY MALM
Notary Public State of Utah
My commission expires: _ _,fuE...BL..L1..,1_.2,,.0.._21.__ __ My Commission Expiros on:
February 1 l, 2021
Comm. Number: 692 961

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 PLl!ASE RETURN TO:
Sut1an Bunaac ·
113 liihole tovo .
Rockport• HA 0196&
Ql/1W,AJM PEEP
KNOW ALL MEN BY THl!SE-fRESEN'Js::ihat, I, MAURICE WEISBERG, of
Sl!laSOtll, Fl~rlda, in coosldemliml ofTwo•HUlll!rtd Sbiiy Thousand and 00/100 ($260,000.00)
Dollars paid; grmi1 ID SUSAN I!. BOHRAl?E ofl3 Wlwo Cove Road, Rocl:pon, Essex Counly,
j
Mossathuseus, with QUITCLAIM COVENANTS, Ilic !anti In llookpon. Essa Counly,
Messecbusms, described and deslgaaled .. Pa!a:I JOii: OD • plan entitled 'Ploo of Land in
Roclq>on, Mn,sacbuseru!, Whale Cove Roa~, Prepare<! for HIida Levyne" daltd D«embc:r 9,
l'ffl lll!d reviS<d on Octobu 2, 1978, prepaiid by Mon A. Haulllla, Regislertd Lam! Surveyor,
duly 1econ1m wilh Essex Soulh D!strle1 Registry of Deeds, more paniCllllltJy bound<d a., follow,:

~ 111 lhe north wostemmo,1,poinl of a way nfvarloble wldlh l'lllUWl8 from Whale
Cove Road a., shown on said plan nnd nt.nninl! lbem,: Ilic fiillowins co= and disiances: N 87
Degrees 14 Minutes 46 Secoo,b E 180.71 feet lo a polnl, lhcnce S 7 lleg,a:> 50 Minulcs 0
Seoomls E 105 feet to a point, lb= S 82 Dogrecs 10 Mlnulcs Q Seconds W 180 feel to a painl,
lhtnce N 7 Degrees 50 Mlmltcs OSecollds,W 121 foci ID the plau of beginning, meania& and
Intending 10 oonvey 20,340 squan, feel n, shown on ,a;~ plan, being more or less.

LOCUS: 13 Wllale Cove Road, Rockp()n, MA.

With benefit of eattmen1 of .,·-.-,-,.-
...
-.lha-t~d~,~,veway--whi~~cbc-c-ls-..,---,----,r,,--orth--c-o-.-th-o-,bo-ve_____ ,,, __ ,________
mentioned Phmns 'Way" aod 'Variable Way• foJ,llll purpo,es for wblcb streds are II.led In lho
Towo of Rocl<part, for lhe benefit of Parcel JOB lll!d Paree! IOA, 0$ well a., o6Jacont lam! now
or formerly of Abe L. Rolbstein, ct ux, adja=t hulil now or fon11erly of Dods L. Monks, aod
Bt)Jaoent lllnd now or fonncr!y of Helen L Walker.

Jkiog tho sam, pranlses amV<:Yod ID Ille l!fOllh>r hm,ofand Anncrto K. Weisberg by deed
_____!)! Robert Weisberg, dat<d J!Jlle 22,)994 and f009Jd.cd with said Rtgi$1Z)' of~,_IJQQU:z«iJ, __ ,,. .._.
Page 504. Tb• said Aaacnc K. Weisberg being decea!ed on February 15, 1996. See M792
'""°rdcd wilh said Rcglsrry of Deals, bmwilh. ' J
WITNESS my b>nd and ,""1 ~' Lc1ay of O®ber, 1119'1, ~
,' . _)'.))!:..!.!.'.!<Dµw==<!J:.....:~__.:.c..::...:....:::('). _ _
Manricc: Weisberg

COMMONWEALTH OP MASSACHUSEITS

ESSEX, SS: OCIUber v'/ 1997

Then persooa!ly appeared lhe ebov<HWned Mnurlce Weisl><rg, and aclaiowlcdged Ille

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foreaol.nk ~crwnent to be bis free ai:1. imd ii«d, before · .

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 39US
t.139

ADJUSTABLE RATE NOTE

(12-MTA Index - Payment and Rate Caps}

THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN JJ,Y INTEREST RATE
AND MY MONTHLY PAYMENT. MY MONTHLY PAYMENT INCR!:ASES WILL HAVE LIMITS
WHICH COULD RESULT IN THE PRINCIPAL AMOUNT I MUST REPAY BEING LARGER
THAN THE AMOUNT I ORIGINALLY BORROWED, BUT·NOT MORE THAN 110% OF
THE ORIGINAL AMOUNT (OR$ 1.eso .000,00 ). MY INTERESTRATE CAN NEVER
EXCEED THE LIMIT STATED IN THIS NOTE OR ANY RIDER TO THIS NOTE. A BALLOON
PAYMENT MAY BE DUE AT MATURITY.

DECEMBER 19 200s J WINCHESTER MASSACH! !SETTS

13 WHALE COVE ROAD ROCKPORT MA 01966

MOPER?Y ADDRESS

1. BORROWER'S PROMISE TO PAY

In return for a loan that I have received, I promise lo pay U.S. $
j
l ,600 ,ooo. oo plus
11------·-·---anY--amounts-Bdded-ln-accordance-Wlth-Seclion-4-(G}-betow,.. (lhis-amounl-is-called--"Ptir/cipal'k·PIUs---------
inlerest, to the older oflhe Lender. The Lender Is IIIASHINGTON MUTUAL BANK, FA J -'
will make all payments under this Note in ronn of cash, check or money order. I understand that the
Lender may lransfer this Note. The Lender or anyone who takes this Note by transfer and who Is entilled
to receive payments under this Note is called the "Note HoIde('. ·
,2, INTEREST
Interest win be charged on unpaid Prtnclpal until the full amount has be.ii, paid. Up unm the first day
of the cale_ndar monlh lhal Immediately precade~_l~!!~l_e_a_~menl due dale.lleU9.!l.lliD_Secttgn_3_QfJhis:·-_ _ _ _ _ _ __
1--------~Nofil;TwiO-pa)nnteresl al a yearly rate-of 1 .433 %. Thereatter until the first Change Date (as
defined in section 4 of this Nole) I wm pay interest at a yearly rate of , _ooo %. The interest rate
.. required by this Section 2 and Section 4 or-lhis Note- is the Rate I will pay both before and after any
default described In section 7(6) of this Note.
3, PAYMEJ\ITS
(Al Tlf!!• and Place or Payments
I will pay Principal and interest by making payments every month. In lhis Note, "payments"' refer to
Principal and inlerest payments only, although olher charges such as laxes, insurance and/or late
charges may also be payable with the monthly payment. '
I will make my monthly payments on 1ST day of each month beginning on
FEBRUARY, 2001 , 1 will make lhese payments every monlh until I have paid all or the
prtnclpal and Interest and any other charges described below that I may owe under .this Note. Each
morthly payment wil_l be applied to interest before Principal. If, on JbN\JARY 01 2037 ,I
S!ill rrwe amounts under this Nole, I wifl pay those amounts in full on that dale, Which ls called Iha
"Maturity Date".
lwillmakemymonthlypaymenlsat P.O. BOX 79148 PHOENIX, AZ 85062-8148
---,-----=-,--,,.,--,-,-,--,-,_.· or at a differenl place if required by lhe Note Holder.
(BJ Amount of My Initial Monthly Payments
Each of my monlhly payments until the first Payment Change Date will be In the amount of u.s:
$ 4 e24. •• , unless adjusted at an ea~ierlime under section 4(H) or lhis Note.

32B59 (11,-01) Page 1 of6 LNT60USA. (VERSION \ .O}

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(CJ Payment Changes

My monthly payment will be recomputed, according to Seciions 4(E)(F)(G)(H) end (I) of this Nole, to
reflect changes in the Principal balance and Interest rale thal I must pay. The Note Holder will delemiine,
my new Interest rate and the changed amount of my monthly payment In accordance wtth Section 4 of'
this Note.
4. INTEREST RATE ANO MONTHLY PAYMENT CHANGES
(A) Change Dates
The Interest rate I will pay may further change on the 1S1 day of
~F~EB~B~U~A':"R~v:'"-:'2~0~0~,-----~• and on that day eve,y month thereafter. Each such day Is called a:
'Change Date'.
(81 The Index
on each Change Oate, my interest rate Will be based on an Index. The "Index" is the Twelve·Month,
Average, delermlned as set forth below, or the annual yields on actively traded United Slates Treasu,y
securities adjusted lo a constant maturity of one year as published by the Federal Reserve Boartl In the
Federal Reserve Stallsllcal Release entitled "Selected Interest Rates (H.15)" (the 'Monthly Yields'). The,
Twelve-Month Average is determined by adding together the Monthly Yields for the most recently,
available twolve months and dividing by 12. ,
The most recenl Index figure available as ol 15 days berore each Interest rate Change Dale Js called:
the "Current Index•. Jr the Index is no longer available, the Note Holder will choose a new index Which Js'
based upon comparable lnlonna!lon. The Note Holder will give me notice of this choice.
_____ .._.(C.)..CatC11Jation..of_Clll!nge _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Before each Change Date, lhe Note Holder will calculate my new interest rate by addlng1
TWO Al.ID §6 /JOO percentage points,
2 &!iQ % ('Margin'} to the Current Index. The Note Holder wfll then round the result or this addttlon I
10 the nearest one-thousandth of one percentage point (0.001%). subject lo the limits stated in Section,
4(0) below, this rounded amount will be my new interest rate until the next Change Date. In the event 8'
new Index is selected, pursuant lo paragraph 4(8), a new Margin will be determined. The new Margin wm'
be the dl!ferance between Iha average of the old Index ror i"he most recent three year period which ends
···············-····· ·-on·the ➔asJ·dale·the·Jndex··Was·available·plus·Jhe·Margin·on·the·last·date·theold·lndex-was-available·and-,- - - - ~ - -
the average of the new Index for the most recent three year period which ends on that date (or If not•
...available for such three year period, for such time as II ls available). Thi.s dirference will be rounded to'
the next higher 1/B of 1%.
(D) Interest Rate Limit
My interest rate will never be greater than NINE AND 85/10D
percentage points 9 , 8§ o % ("Cap'), except thal 7 ro"'11"'ow~,,..n~g~a~ny~sa~J~e~o~rt:-ra_n_s"'"fe_r_o"'"r"th_e_p_ro_pe_rt_y_w_h.,.ich-,
secures repayment of this Note after the first interest rate Change Date, the maximum Interest rate will:
be lhe higher of the Cap or 5 percentage points greater than the interest rate in effect al the time of such'
sale or transfer.
{E) Payment Change Dates
Effective every year commencing FEBRUARY o1 200a • and on the same
dale each twelfth month thereafter C-Payment Change Date"). the Note Holder will determine the amount:
of the monthly payment that would be surficient lo repay the projected prtncipol balance I am expected to'
owe as of lhe Payment Change Dale In lull on the Maturtly Date al the Interest rate in effect 45 days:
prior to lhe Payment Change Date in sut>stantlally equal payments. Toe result ol this calculallon is the
new amount or my monlhly payment, subJecl to Section 4(F) below, and I will make payments In Jhe new
amount unlll the next Payment Change Date unless my payments are changed earlier under Section,
4(H) of this Note.
(Fl Montniy Payment Llmilations
Unless Section 4(H) and 4(1) below apply, the amount ol my new monthly payment. beginning with a
Payment Change Date, will be limited to 7 1/2% more or less than the amount I have been paying. This
payment cap applies only to lhe principal payment and does nol apply to any escrow payments Lender
may require under the Security lnstrumenl. ·
:32659 (11-0t) Polgc 2 of 6 LNT60USB{VERSION 1.0)
 (G) Changes In My Unpaid Principal Due to Negative Amortization or Accelerated
Amortilation
Since my payment amounl changes less frequently than lhe interest rale and since lhe monthly
payment Is subject 10 the payment limilalions described In Section 4(F), my monthly payment could be
less or greater than the amount of lhe lnlerest portion of the monthly payment that would be sufficient toj
repay the unpaid Principal I owe al lhe monthly paymenl date In run on lhe maturity date In substantially,
equal payments. For each month Ihat lhe monthly payment Is less than the Interest portion, the Note,
Holder will sublract lhe monlhly paymcnl rrom lhe amount of the interest portion and will ad lhe
difference to my unpaid Principal, and inleres! will accrue on the amount or this difference at the current
Interest rate. For each month that lhe monthiY payment is greater than the interest portion, lhe Nole,
Holderwlll apply the excess towards a principal reduction ol lhe Note.
(H) Limit on My Unpaid Principal; Increased Monthly Payment
My unpaid principal can never exceed a maximum amount equal to t 10% of the principal
amount original borrowed. In the event my unpaid Principal would olheiwlse exceed \hat 11011 ,
limitation, I will begin paying a· niNI monthly payment until the next Payment Change Date 1
notwithstanding the 7. 1/2% annual payment increase' limllalion. The new monlhly payment will be an,
amount which would be sufficient to repay my then unpaid Principal rn full on the matunty date at my
interest rate in effect the month plier to the payment due dale in substantially equal payments.
(I) Required Full Monthly Payment
On the FIEJH anniversary or the due date or lhe first monthlY payment, and on that same day
··--- ·-·-- ..~~ EI UH year !hereafter, the monthly payment wmpe adJusted without regard.J.<>..~~~l'!T'=en~t~·______
cap limftation /n Seclion 4(F).
tJ) Notice or Changes ,
ihe Note Holder will deriver or mail to me a notice of any changes in the amount or my monthly!
payment before the effective date or any change. The notice will Include infonnation requited by law to:
be given me and also lhe tlllo and telephone number or a person who will answer any question I may,
have regarding !he notice.
(K) Failure to Make AdJustmenis
-1r-ror--any·reason-Nole·Holder-ra11s•lo·make-an adjustmcnt-to·lhe interest·rate·or·payment amount-as·
des,:ribed In this Note, regardless of any notice requirement, I agree that Nole Holder may, upon
. discovery of such failure, then make the adjustment as if they had been made on lime. l also agree not'
to hofd Note Holder responsible for any damages to me which may result from Nole Holde(s failure to
1
make lhe adjustment and to let the Nole Holder, al tts option, apply any excess monies which I may have
paid to partial Ptepayment of unpaid Principal. 1
,
6. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of,
Principal only Is known as a "Prepayment". When I make a Prepayment, I ~,ill tell the Note Holder in'
Wliling that I am doing so. I may not designate a payment as a Prepayment if l have not made all the
monthly paymenls due under the Note. '
I may make a full prepayment or partial prepayments without paying any prepayment charge. The
Note Holder will app!y all of my prepayments to reduce the amounl of principal that I owe under this,
Note. However, lhe f:l,ole Holder may apply my Prepayment lo the accrued end unpaid interest on the
Prepayment amount,1 tlefore applying my Prepayment 10 reduce the principal amount of Iha Nole. If I'
make a partial prepayment, there will be no changes in the due dates of my monthly payments unless i
the Note Holder agrees In wliting to those changes. My partial prepaymenl may have the effect of,
reducing the amount! or my monthly payments, but only after the firsl Payment Change Date following,
my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an
interest rate locreaseJ

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 39U2

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II a Jaw, which applies to this Joan and which sets maximum loan charges, is finally Jnlerpreted so
that the Interest or other loan cltarges collected orto be collected In connection with this loan exceed the 1

permilted llmlts, then; (a) any such loan charge shall be reduced by the amount nacassary to reduce the 1
chatge to the permitted limit; and (b) any sums already collected. lrom me which exceeded permllted 1
limits will be refunded to me. The Note Holder may choose to make !his 1efund by reducing the Principal I
I owe under this Note or by making a dltect payment to me. II a mlund reduces Principal, !he reduction'
will be treated as a partial Prepayment.
Miscellaneous Fees: I undersland that lhe Note Holder will also charge a return Item charge In lhe,
event a payment that I make in connecUon with repayment or this loan Is not honored by !he financial,
Institution on which it[fs drawn. The current lee is$ ]§ oo . Lender reseives the right to change the 1
fee rrom time to time 1wilhout notice except as may be required by law. · :
7. BORROWER'S FAILURE TO PAY AS REQUIRED
IA) Late Charg.,;.· for Overdue Payments
If the Nole Holder has nol received lhe full amount of any monlhly paymenl bY lhe end ol
f I FTEEN calendar days after the date ii is due, I will pay a late charge to the Note Holder. The,
amount of the charge will be 3, opp % of my overdue payment of Princ:1pal and fnlerest. I will pay1
this late charge promptly but only once or each late payment. '
(Bl Default I'
If I do not pay the full amounl of each monthly paymenl on the date II is due, I will be In default.
IC) Notice of Default
It I am in defiffif~··ffie-Nole·Ho1der may send me ·•-wiiffeiinolfce1e1Ung rne thiifirfi!onot pay the1
a
overoue amount by certain date, the Note HOider may require me to pay lmmedlately the full amount 1
or Principal which ha~ not been paid and all the interest that I owe on that amount. Thal date must be at I
least to days alter the date on which the notice is delivered or mailed to me (or, If the Federal National
Mortgage Association or Ille Federal Home Loan Mortgage corporation buys all or part or Lende(s rights·
under the Securily lnslrument, In which case the notice will specify a date, nof less th9n 30 days from the'
date the notice is given the·Borrower). '
(Dl No Waiver By Nole Holder
Even II, at a time.when I am In default, the Note Holder does nol require me to pay immediately In
full as described above, the Note Holder will still have the right to do so If I am in default at a later time. I
(El Payment of Nole Holder's Costs and Expenses ,
If the Nole Holder has required me to pay Immediately in full as described above, the Note Holder
will have the Nght to be paid back by me for all of its costs and expenses in enforcing this Note, ..tlether 1
or not a lawsuit is brought, to lhe extent not prohibited by Applicable Law. Those expenses Include, for:
cxample 1 reasonable 1attomeys• fees.
8. GIVING OF NOTICES
Unless Applicable Law requires a different method, any notice that must be given to me under this,
Nore will be given byjdellvering it or by mailing It by first class mail 10 me at the Property Address above i
or at a different address ii I give fhe Note Holder a notice ol my different address.
1
Any nOlice that n\ust be given to the Note Holder under this Note will be given by mailing it by first'
class mail to lhe Note Holder at tile address stated in Section 3(A) above or at a different address if I am'
given a notice of thatldifferent address. 1·

9. OBLIGATIONS OF PERSONS UNDER THIS NOTE

If mom than one person signs this Note, each person is fully and pe,sonally obligated to keep all or 1
the promises made iry !his Note, including the promise to pay the full amount owed. Any pelSOn who is a
guarantor, surety, or Iendorser of this Note is also obligated to do these things. Any person who takes,
over these obJigalion:S, incfud!ng the obligations of a guarantor, surety, or endorser or this Note, is also 1

obllgaled_to keep all ?flhe_pro'!'ises made In this Note. The Note Holder may enforce its rights underthls i
Note against each pe,rson 1nd1v1dually or against all or us together. This means that any one of us may be,
required to pay all of the amounts owed under this Nole.
I
3285ll (11.01) J Page4 olG
I
LNTSOIJSD (VERSION I.OJ :

5 fJ/

i,
I
 10. WAIVERS
I and any other person who has obligations under lhls Note waive the tights of presentmenl and.
notice of dishonor. "Presentment" means lhe lighl to require lhe Note Holder to demand payment or
amounts due. "Notice or DishOnol" means the right to require the Nole Holder to give notice to other,
1
pe,sons that amounts!due have not been paid.
11, UNIFORM SECURED NOTE
This Nole ls a uniform instrument with limited variations in some Jur!sdlctions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the,
"Sccurily Instrument"), dated the same date as this Note, protects !he Note Holder from possible losses.
which might rcsull If II do not keep lhe promises whicll I make In thlS Note. Tnal Security Instrument:
descrlbes how and und_er what conditions I may be required to make Immediate payment in full of all
amounls I owe underthis Nole. Some of those conditions are described as follows:
Transfer of the Property or a Beneficial Interest In Borrower.
If all or any.p~rt of the Property or any Interest in lhe Property is sold or transferred (or if a:
beneficial Interest rn Borrower Is sold or transferred and Borrower is not a natural person) wllhoul'
Lendefs pnor Wrillen consent, Lender may require immediate payment In full of all sums secured:
by lhis Security Instrument. However. !his option shall not be exercised by Lender if such exercise;
is prohibited by App_licable Lew. Lender also shall nol exercise this option if: (a) the request to
assume Is made atter one year following recordation of the Deed of Trust, (b) Borrower causes to'
ba submiued to Lender inforrnallon required by Lender lo evaluate the Intended transferee as if a;
t-----------<1ew-loan-were)bein9-made-lo-the-transferee,-and-(c)-Lender-reasonably-de1em1ines-that-Lende~s------
security will not be impaired by lhe loan assumption and that the risk of a breach of any covenant
or agreement in this Security Instrument or other Obligations related to lhe Nole or other loan
document is acceptable to Lender, (d) Assuming party executes Assumption Agreement:
acceptable to ilender al its sole choice and discretion, which Agreement may Include on increase'
to Cap as set forth below and (e) payment of Assumpllon Fee If requested by Lender. :
. To the extent permitted by Applicable Law, Lender may .charge a reasonable ree as-a
condition to Lendefs consent to the loan assumption and Lender may increase the maximum rate
limit to the higher of the Cap or 5 percentage points greater than the Interest rate In effect at the'
time or the transfer. Lender may also require the transferee lo sign an assumption agreement tbai
is acceptable to Lender and that obligates the 1ransferee to keep all lhe promises and agreements
made in lhe Nole and in this Security Instrument. Borrower will continue lo be 0bllgated under the
Note and this Security Instrument unless lender has entered Into a Wrillen Assumption Agreement
with transfereej and formally releases Borrower. ;
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide al period of not less lhan 30 days from the dale the notice is given in accordance witli
Section 15 within which Borrower must pay all sums secured by !his Security Instrument. If
Borrower fails !to pay these sums prior to !he expiration or this period, Lender may invoke any
remedies pel'n'!lt!ed by this security Instrument without further notice or demand on Borrower. '
12. MISCELLANEOUS PROVISIONS
In the event the Noie Holder at any time discovers that this Note or tne Security Instrument or ani
olher document relal~d to this loan. called collectively the "Loan Documents," conlains an error which
was caused ~Y a clerfcal or ministerial mfstake, calculation error, computer error, printing error or sfmlla~
error (collechvely_ "El'f"rs'1. I agree, upon notice from the Note Holder. to reexecute any l.oan oocumen~
that are necessary to correct any such Errors and I also agree lhal I will not hold the Note Holder
responsible for any damage to me which may resutt from any such Erro,s. ,
If any of the Loar\ Documents are lost. stolen, mulilated or destroyed and the Nole Holder delivers to
me an indemnificati~n In my ravor, signed by the Nole Holder, !hen I will sign and deliver to the Note
Holder a Loan Document identical in form and content which will have the effect of !he original for all
purposes. I

I
Pa.ge: 6 ors LNT60USE (VERSION 1_0)
 WITNESS THE HAND (S) AND SEAL (S) OF THE UNDERSIGNED.

'
Pay to the order of I

Without Recourse I
WASH~IGT~UTUALBANK, FA i
By u~
.,,..- I
C'tl-ll'Ali:\
VICE PRESIDENT

32859 (11-01) Pages ors lNT60USF (VERSION 1.0)

 WPIV Prepayment Fee Note Addendum
M39

This Noto Addendum is made this 19TH doy of DECEMBER, 2006 and is incorporated
into and shall be deemed to amend and supplement the Note made by the undersigned (the
"Borrower") in favor of WASHINGTON MUTUAL BANK, FA (the
"Lender") and datc<l as of even date herewith (the "Note").

This Note Addendum amends the provision in the Note regarding the Borrower's right to prepay as
follows:

BORROWER'S RIGHT TO PREPAY

I have the right to make payments of principal before they are duo. Any payment of principal,
before it is due, is known as a "prepayment." A prepayment of only part of the unpaid principal is
known as a "partial prep11yment." A prepayment of the full amount of the unpaid principal is known as
a "full propaymeot. •

_ _ _ _ __,fJ..maki,_a_lull..prel1!)'ment, I may be charged a lee as follows:

If Noteholder receives a prepayment on or before the first anniversary of the date of

the Noto, the Prepayment Fee shall be equal 10 TWO -percent { 2. ooo %)
of the original loan amount. Thereafter, prepayment of the Note shall be permitted
without any Prepayment Fee. ·

The Prepayment Fee shaU be payable upon a full prepayment, voluntary Or involuntary, ~ncluding
Out not limrtOO· to a· pre(:raymentreiuldn:g-rrom-Noteholder's·pcrmitted·-acceleration-of-the-balance-du---------
an the Note. Notwithstanding the foregoing, nothing herein shatl restrict my right to prepay at a'oy
• .. time without penalty accrued but unpaid interest that has been added to principal.

When l make a full or partial prepayment I will notify the Noteholder in writing that l am doing
so. Any partial prepayment of principal shall be applied to interest accrued on the amount prepaid and
then to the principal balance of the Note which shall not reduce the amount or monthly instnllmenls'o[
principal and interest (until reamortized as set forth in the Note at the nex-t Payment Change Date) nor
reHeve me of the obligation to make the installments each nnd every month until the Noto is paid in
Cull. Partial prepayments shall have no effect upon the due dates or the amounts of my monthly
payments unless the Noteholder agrees in wrlting to such changes,

43&7 106·011 VERSION 1,0 {ll'9129JO:ll Page I of 2 '

LAl3&USA
NOTICB TO THE BORROWER
Do Dot sign this'.Note Addendum before you read ii. This No1e Addendum provides for the
paymetat o( a PrepAymc=nt Pee i( you wlsb. 11.o repay the loan prior to the d4te provided for
rep:iyme-o.l in the Nole.

By signing ,below, ,Borrower accepts and agrees to the terms and covenants contained in this Note
Addendum. :,;

~£,''~
SUSAN la BURRAGE ;

i,

I,,

,',
4387 !Oa-,;nl
1
V8\SlON 1.~: (09/29,03) Page 2 or 2 Ull38USB
1
 ...,
:
Return"To: , '
WASHINGTON MUTUAL BANK
2210 ENTERPRISE- DRIVE
FLORENCE, SC 29501
DOC OPS M/S _FSCE 440

Prepared By: · ·
KIM JAMS
,. Redacted
- - - - - - - - - (Space Above This Linc For llccordiPg Data) - - - - - - - - ' - -
:ZMAl
M39 MORTGAGE

DEFINITIONS''
,,.
Words used in 'multiple sectiotlll of this document are defined below and other words are defined
I-
i
in Sections 3, :IJ, 13, 18, 20 and 21. Certain rules regarding the usage of words used inl this
document are also providea m Section I , j

(A)-"Security-.Jnstrument" means this document,.which is dated ···DECEMBl;R 19, 2006

together with all Riders _to this document. J
J
(BJ "Borrower~ is SUSAN E BURRAGE
! • .

Borrower is th{mortgagor under this Security lnstrumjnt.

0

(C) "Lender" is WASHINGTON MUTUAL BANK, FA

! .
Lender is a F~DERAL" SAVINGS BANK
organized and •~isling under the laws of THE UN I TED STATES OF AMER I CA.
I, '

I
MASSACHUSErt;S - Single Family - Fonnio Mno/Fred~io Mac UNIFORM INSTRUMENT Form 3022 1/01

~-S(MA)_ 10401{

VMP Mortgzige S:~lutlons (800)521-7291 11111111 ~m111111111111111 m1

 Lender's address is 2273 N,. GREEN VALLEY PARKWAY, SUITE 14, HENDERSON, NV;
89014
Lender is the mortgagee under this Security Instrument. . ;
(D) "Note" means the promissory note.sign~ by Bom,wer and dated DECEMBER 19, 2006 •
The Note states lj,at Borrower owes Lender QNE MILL I ON f JVE HUNDRED THOUSAND AND
001100
(U.S. $ 1 ,600, ooo. oo
J Dollars
) plus interest. Borrower has promised to pay 1his debt in }ogular
Periodic Payments and to pay the debt in full not later than JANUARY o 1, 2037 •
(E) "Property" means the property that is described below under the heading "Transfer of •Rights
in the Property." :
(F) "Lonn" 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 in1erest. '
(G) "Riders" means all J;l,iders to this Security Instrument that are executed by Borrower. The
following Riders are to be'executed by Borrower [check box aa applicable): . '
I

Adjustable Rate Rider Condominium Rider

8 llalloon Rider
VA Rider·
8
D
Planned Unit Development Rider
Biw~ekl.f:•yment Rider §
Second Home Rider
1-4 Family Rider:
Other(s)" [specify)'
.. '
I
I

(HJ "Applicable Law" means all controlling applicable federal, state and local statut.es,
regulations, ordinances and administrative rules and orders (that have the effect of law) as well as
aU applicable final, non-appealable judicial opinions. I
(I) "Community Association Dues, Fees. and Assessments" means all dues,I fees,
assessments and other charges that are imposed on Borrower or the Property· by a condominium
assaoiatiOn, homeowners association or similar organization. ,
······ -····-·· ··-· ·-·-·------'J.)-··-"·Elcctronic-·Funds-·-'Fransfcr-'·-··means···"ny-·transfer···of-·funds;--other-·than-·R·-trans~ction
originated by checl:;, draft, or 51milar paper instrument, which is initiated through an electronic
ter~inal, telephonic instrument. computer, or magneti_c t!l-P~ 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-sa}e transfers. automated teller machine transactions. transfers initiated by telephond, wire
transfers, and automa,ted clearinghouse transfers. · :
(K) "Escrow Items" means those hems 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) damago 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 1 the value and/or condition of the Property, i
(M) ''Mortgage Insurance" means insurance protecting Lender against the nonpayment of1 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. I
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 260! etj seq.)
and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended
from 1ime to time, or any additional or successor legislation or regulation that governs the $a.me
subject matter~ As used in this Security lnstrument 1 "RESPA" refers to au requirements and
restrictions that are imposed in regard t6 a 11 federal1y related mortgage loan" even if the 'Loan
does not qualify as a "federally.related mortgage Joan" under RESPA. ·

lnitJals:
~-SIMA) 1040 u Form 3022 1/01
(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 Sec~rity
Instrument. I
I

TRANSFER OF RIGHTS IN THE PROP~TY /

I
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all rene\vaJe,
extensions and modifications of the Note; and (ii) the performance of Borrower's covenanlll 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 sal~, the
following desc~bed property located in the COUNYV {Type or Recordio~..Jurisdibt1o;)
of ESSEX [Namo of Recording JurisdJctfonl:

THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT

AND IS MADE A PART HEREOF,

-i -· --·-····· ---- .
Parcel ID Number: which currently has the addrbss of
13 WHALE COVE ROAD [Street!
ROCKPORT [City), , IZip'Codel
Massachusetts 01966
("Property Address"}: . ,
. I
TOGETHER WlTH all the improvements now or hereafter erected on the property, and all
ansemeots, app\Jrtenances, and fixtures now or hereafter a part of the property. All replaceil'lents
and additions shall also be covered by this Security Instrument. All of the foregoing is referred to
in this Security Instrument as the "Property." I
BORRO.:WER COVENANTS tliat Borrower is lawfully seised of the estate hereby conveyed
and has the right to mortgage, grant --~nd convey the Property ·•nd that the l'ro·perty is
unencumbered, except for encumbrances of record. Borrower warrants and will defend gerieral1y
the title to therProperty against all claims and demands, subject to any encumbrances of recolrd.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and
non-un.iforffi cOvenants with limited variaiioos by jurisdiction to constituie a uniform seburity
instrument covel"ing real property. . I
UNIFORM COVENANTS, Borrpwel'. _and Lender covenant and agree as follows:
1~ PaymCot of Principal, Interest. Escrow Items, Preparment Charges. andi Late
Charges. Borrower shall pay when due the principal of, and jnterest _on, the debt evidenced the fY
Note and any ·prepayment charges and late charges due under the Note. Borrower shall also pay
1
funds for Escrow Items pursuant to Section 3. Payments due under the Note and thfo Security

: . ,.......,.J'Et3 . .I .
--6(MA) co 4 o11 PISI.Q "J of 1!1 Form 3022. 1/01

. I
 Instrument shall be maqe 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 uhpaid,
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; ,(a) 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 e11tity; or (d) Electronic Funds Transfer. I
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 hotice
provisiop_s fo Section 15. Lender may return any payment or partial payment if the paymbnt or
partial payments are insufficient to bdnf the Loan current. Lender ·may accept any paymrult or
partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or
!is
prejudice to its rights to refuse such payment or partial payments in the future, but Lender not
obligated to apply such pay/Dents at the time such payments are accepted. If each Periodic ,
Payment is applied as of i-ts 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 Lonn
current. I! Borrower does not do so within a reasonable period of time, Lender shall either apply
1
such funds or. return them to Borrower. If not applied earlier, such funds will he applied to the
1
--JJ------------'o'lu~~e!t!!an~d~i!."nLJ,J!!n:11·n,!'c'.'.ipa~_l balance under the Note immediately prior to foreclosur~. No offset or cJaim
1
which Borrower might have now or <n tno fut11re-•galnBi--L-ender-shal1-reheve-Bor-rewer-tr-0m.-------
roaking payments due under the Note and this Security Instrument or performing the cov6nants
and agreements secured by this Security lnstrument. I ·
2. Applica1ion of Payments or Proceeds. Except as otherwise described in this Section 2,
all payments accepted and applied by Lendor 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.
""Aiiy-i'emafri,ng amounts shaln,e·applied-first·to-late··charges,-seeond-to any-other--amounts.. due...
i
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
I
delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lende,r
may apply any payment received from Borrower to the repayment of·the Periodic Payments ii,
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. J

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. · · I
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments
are due under, the Note 1 until the Note is })aid in full, a sum (the "Funds") to provide for pB.yment
of amounts d'ue: for: (a) taxes and assessments and other items which can attain priority o~er this
1
Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground
i-ents on the Property. if any: {c) premiums for any and aU insurance required by Lendef uhder
Section S; and {d) Mortgage Insurance premiums, if any I or any sums payable by BorrOWer to
·Lender in lieu' of the payment of Mortgage [nsurance premiums in accordance with the pro:visions
of Seotion 10·. These items are called "Escrow Items." At origination or at any time during the
term of the Loan, Lendor may require that Community Association Dues, Fees, and AssesJ·ments,
if any, be escrowed by Dorrower, and such dues, fees and assessments shaJJ be an EscrOW_Jtem.

q-6lMA} ta'iOl) Poo 4 ol ,s

lnltiol,Sf/3 · I
For-m 3022" 1/01
 Borrower shall. promptly furnish to Lender all notices of amounts to be paid under this Soolion.
Borrower shell pay Lender the Funds for Escrow Items unless Lender waives Borro..lrcr's
obligation to pay the Funds for nny or all F.sc_row Items. Lender may waive Borrow,:r's obligation
to pay .le;, l.4lnder FuP.d? for any or all Escrow Items at any time. Afly such waiver may only be in
writing, In the evr>At of such waiver, Borrower !'hall pay directly, when and where paya)lle: the
amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, 1

if Lender requires, shall furnish to Lender receipts evidencing such payme11t 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 Borrow~r is
obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower foils to pay the
amount due !or an Escrow Item, Lender may exercise its rights under Section 9 and pay ,such
amount and Borrower shell 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 e notice
given in accordance with Section 15 and. upon such revocation, Borrower shall pay to Lender al!
Funds 1 and in such amounts, that aro then required under this Section 3. 1

Lender may, at any time, collect and hold Funds in an amount (a) sufficient to p,Srmit
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 e.st.imate the amount of Fiunda
due on the hams o curren oataall<h-O"awmrble-,,stimetes-of-e~p•nditurea.of..tutuco..&cro.w.lte.m.~-------
or otherwise in accordance with Applicable Law. I
Tho Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentelity 1 or entity (including Lender1 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 &crow
Items no later than the time specified under RESPA. Lendor shatl not charge Borrowe~ for
holding nod applying the Funds, annually analyzing the escrow account 1 or vedfying the ~row
fo,-ms, unless Lciioer pays Borrower interest on the Fonds nod Applicable Law permits LeAder to
make such a charge. Unless an agreement is made in writing or Applicable Law requirea interest
to be paid on the Funds, Lender shall not be required to pay Borrower any interest or e_arnings on
tho 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_. I
1f there is a surplus of Funcls held in escrow, as defined under RESP A, Lender shalt account
to Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held
in escrow, as defined under RESPA, Leruler shall notify Borrower as required by RBSPA. and
Borrower shal1 pay to Lender tho amount necespary to make up the shortage in accordancO with
RESPA, but in no more than 12 monthly payments. If there is a deficiency of Fonds 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 accordanc~ with
RESP A. but in no more than 12 monthly payments. I .
Upon pai'ment in full of all sums secured by this Security Instrument, Lender shall promptly
1
refund to Borrower any Funds held by Lender. ,
4. Charges; Liens. Borrower shall pay all taxes1 assessments, charges, fines. and impos,itions
attributable to the Property which can attain priority over this Security Instrumeot leas;ehold
9

payments or ground rents on the Property. if any 1 and Community Association Dues, Fees, 'and
.ABS:essment.s, if any. To the extent that tl).~_iteins are &crow Items, Borrower shall pay them in
the manner provided in Section 3. · - ·· - ·- · i
Boi-rower shall promptly discharge any lien which has priority over this Security Instr':)ment
unless Borrower; (a) agrees in writing to the payment of the obHgation secured by the lien in
I
~-6(MA) l0401l
I
P1p11 5 ol 15 Form 302i 1/01

I
 a manner acceptable to Lender, but only so ·Jong 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 Iien while those proceedings
are pending, but only until such proceedings are concluded; or (c) secures from the holdefr of the
Hen on agreement satisfactory to Lender subordinating the lien to this S!)curity Instrument, If
Lender determines that any part of the Property is subject to a lien which can attain prioriiy 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 talce 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
andlor reporting service used by Lendei- in connection with this Loan. i
· 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by lire, hazards included within the term "extended
coverage/ and any other hazards including, but not limited to, earthquakes and floods, for:which
Lender requires insuranee. This insurance slmll be maintained in the amounts {inCJuding
deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the
1

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 disapprovo Borrower's Choice,
which right shall not be exercised unreasonably. Lender may require Borrower to pay, in
------~co=nnec~aon-w11h-lhiH"blan;eitl!er:ta)7ro!Wtimecl!llrgef<rrfl1:mclllmiedeterminat,on, certif1cat'~10--n~------
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 aoy tees imposed by the Federal Emergency Management Agency in connection with
the review of any flood zone determination resulting from an objection by Borrower. i
II Borrower fails to maintain any of the coverages described above, Lender may obtain
insurance coverage, at Lender's option and Borrower's expense. Lendcr is undor no obligai_ion to
purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lendert
but.might or might not protect Borrower, Borrower"s equity in.the Property, or the cont6nts of
the Property, against any risk, hazard or liability and might provide greater or lesser coyerage
th.an was previously in effect, Borrower aeknowledges that the cost of the insurance cover.Oge so
obtained mig_ht significantly exceed the cost of insurance that Borrower could have obtained. Any
amounts disbursed by Lender under this Section 5 shall become additional debt ot Borrower
secured by this Security Instrument. These amouoto shall bear interest at the Note rate from the
date of disbursement and shall be payable, with such interest, upon notjce from Lender to
Borrower reqoesting 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 certrficates. If Lender require.s, Borrower shall promptly give to Ile.nder
all receipts of paid premjums and renewal ooticcs. If Borrower obtains any form of instirance
coverage, not otherwise required by Lender1 for damage to, or destruction of, tho Property[ such
policy shall inClude a standard mortgage clause and shall name Lender as mortgagee andlor'] as an
additiqna1 loSs payee. ·
In the event of Joss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender mny make proof of loss if not made promptly by Borrower. Unless Lender and Bort'Ower
othorwise agree ln writing, any insurance proceeds, whether or not the underlying insuran~ was
required by Lender, shall be applied to restoration or repair of the Property, if the restoration or
repair js economicaUy feasible and Lender's seouri1y is not lessened. Dut'iog such repai1- .and
• • I •

lnltirilsfe@ l'
P1.g11 Ci of l5 Form 3022. 1/01
 I

restoration period, Lender shall have the right to hold such insurance proceeds until Lender hns
bad 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 sirigle payment or in a ,;cries of progress pay.dlents as
the work i~ completed. Unless an agreement, is made in writing or Applic~blo 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. Pees"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 ezce.s, if any, paid to Borrower._ Such insurance·proceeds shall
be applied ln the order p~ovided for in Section 2.
If llorro.wer abandons the Property, Lender may file, negotiate and settle any available
insurance claim and related matters. 1f :Borrower does not r~pond within 30 days to 8 notice
from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate
and settle the claim. The JD-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 tender
(a} Borrower's rights to any insurance proceeds in an amount not to exceed the amountslunpaid
under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the
1----------r0;1g*Tu,aiiyrefoodol7mearlleo premiums pai1loyrl"orroWer)7Jndm--,il11nsurance polic·~,es~---'---------
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 amountslunpoid
under the Note or this Security Instrument, whether or not then due.
1
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 an~ shall
continue to occupy the Property as Borrower's principal residence for at Jeaat one year after tho
date of occupancy. unles:J Lender otherwise agrees in writing, which consent shaII hot be
unreasonably withhold, or unless extenuating circumstances exist which are beyond Bori·ower's
control. :
7. Preservation. Maintenance and Protection or the Property; lnspectioos. 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 PropeJ"ty in order to prevent the Property from deteriorating or decreasing ill value
due to its condition. Unless it is determined pursuant to Section 5 that repair or restoratio.d is not
economically feasible, Borrower shall promptly repair the· Property if damaged to avoid iurther
deterioration or damage. If insurance or condemnation proceeds are paid in conneotioh with
damage to, or the taking of, the Properly, Borrower shall be responsible for repairing or restoring
the Property only if Lender has released proceeds for such purposes. Lender may disburac
proceeds for the repairB 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 ref)air or
restore the l?TOperty, Borrower is not relieved of Borrower's obligation for the completion Of such
repair or restoration. I
Lender or its agent may make reasonable entries upon and inspections of the Property.· u it
has reasonable cause, Lender may inspect the interior of the improvements on the Pr-6perty.
Lender shal.1 gi ye Borrower notice at the ~ime of or prior to such an interior inspection speCifying
such reasonable cause. ·· · _ I
8. BorrOwer's Lonn Application. Borrower shall be in default if, during thei Loan

l
application process, Borrower or any persons or entities acting at the direction of Borrower or

lriltlti15-fi/3._
~-6(MAJ to4~1l Pas;Q 7 Df 15 For111 302 1101
with Borrower's km;,wledge or consent gave materially false, misleading, or ina~urate
information or statements to Lender (or !ailed to provide Lender with material information) in
connection with the Loan. Material representations include, but are not limited to, representations
concerniJ)g BorrQWe.r's occupancy of the Property as Borrower's p{incipal residence, i
9. Protection of Lender's Interest in the Property and Rights Under this Security
Instrument. If {a} Borrower faHs to perform the covenants and agreements contained 'in this
Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's inter,st
in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy,
probate, for condemnation or fodeiture 1 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 inter.est in the Property and rights under this Security Instrument, including protecting
and/or assessing \he value of the Property; and securing and/or repairing the Property. I.fnder's
actions can· include, but are not limited t.o; (a) paying any sums secured by a lien which has
priority over this Security Instrument; (b) appearing in court; :ind (c) paying reasonable attbrneys'
fees to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in • bankruptcy proceeding. Securing the Property include.s, but is not limited
to, entering the Property to make repairs, change locks, replace or board up doors and wi'ndows,
drain water from i es. eliminate building or other code violatjons or dangerous conditioOs, and
have utilities turned on or o . t oug nder may tal"e· BCtion onderlhis-Sectlon-91:bencl~r-c:Iess-------
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 thls Security Instrument. These amounts shall boar interest at the Note rate
from the date of disbursement and shall be payable, with such interest, upon notice from .1Lender
to Borrower 'requesting payment. · "!'
If this Security Instrument is on a leasehold, Borrower shall comply with all the pro:Visions
of the lease. If Borrower acquires lee title to the Property, tho leasehold and the fee title shall not
merge unless Lender agrees to the merger in writing. I
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making
the Lo.11n, Bdrrower shaH pay the premiums required to maintain the Mortgage Insurance iri effect.
If, for any re~on, the Mortgage lnsura.npe 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 require~ to obtain coverage substantial~y equivalent to the Mortgage I~urance
previously in effect, at a cost substantially equivalent to the cost to Borrower ol the Mortgage
Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If
substantially equivalent Mortgage Insurance coverage is not ava{lable, Borrower shall cont'inue to
pay to Lender the amount of th~ separately designated payments that were due when the in~urance
coverage ceased to be in effect. Lend8r will sccept1 use and retain these payment's as a
non-refundable loss reserve in lieu of Morigage lasurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Leoder shall
not be required to pay Borrower any interest or earnings on such Joss reserve. Lender leanno
tonger require loss reserve payments if Mortgage Insurance coverago (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. lf Lender required Mortgage Insurance as a condition of making tHe Ldan and
Borrower wf required to. make separately designated payments toward the premiu,lns for

lnltl1!!l1:W-
~-SIMA) I040IJ P1;1 8 ol 15 Form 3022 1/01

I'
 . .., ........ ..

'
I
Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage 1n.Jirancc
in effect, or to l'rovide a non-refundable loss reserve, until the Lender's requirement for Mortgage
Insurance ends m accordance with any written agreement between Borrower and Lender proyiding
for such termination o.r until termination is required by Applicable Law. Nothing in th1s Section
10 affects.Borrower'• obligation to pay interest at the rate provided in the Note. I
Mortgage, Insurance reimburses Lender (or '1DY entity tha,t purchases the Note) for certain
losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a perty ;to the
Mortgage Insurance. 1

Mortgage i!ISllrers evaluate their total risk on all such insurance in force from time to' time,
· and may enter into agreements with other ~arties that share or modify their risk, or reduce losses.
These agreements are on terms and conditions that are satisfactory to 1he mortgage insurer and
the other party (or parties) to these agreemenm. These agreements may require the mortgage
insurer to make payments using any source of funds that the morti;age insurer may have available
(which may include funds obtained from l-49rtgago Insurance premiums). )
,.As a result of these agreements, Lender, any purchaoor of the Note, another insurer, any
reinsurer, any other entity, or any affiliate of any of the foregoing\ may receive (qiredlly or
indirectly) amounts that derive from (or might be characterized asi 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 lo! the
insurer's risk in exchan&e for a share of the premiums paid to the insurer, the arrangement is
11
often termed captive reinsurance." Fi.Jrther: I
(a) Any such agreements will not affect the amounts that Borrower has agreed to
t---------~p~a~y_.;:;o~r"M-o-rtg-agrlns1..11ance 1 or--any-ot-ber-ter-ms--of-the--Loan--S.uoh-agi:eements....:wilLo.,~-------
incrensc the amount Botrower will owe for Mortgage lnsurance1 and they will not entitle
Borrower to any refund. I
(b) Any such agreements will not affect the rights Borrower bas - i1 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 tbe Mortgage lnsuranco, to have the Mortgage Insurance
terminated aritomatically, and/or to receive a refund of any Mortgage lnsUrance
-·· ·-· --- -··------- - •·····-prem-i-ums~that-.wer.e..u.nearn.e.d__a:t_the...tim~__pf such_ c:_a_n~!lation O!t~rm~pation. 1

11. Assignment of Miscellaneous Proceeds; Forfeiture. A117\Iiscellarieous'1'rocecils·ere··········-

hereby assigned to and shall be paid to Lender. I
If th• Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or
repair of the Property, if the restorat.ion or repair is economically feasible and Lender's sectirity is
not lessened. During such repair and restoration period, Lender shall have the right to holo such
Miscellaneous Proceeds until Lender has had an opeortunity to inspect such Property to ensure
the work has been completed to Lender's sa)isfact,oo, provided that such inspection shall be
undertaken promptly. Lender may pay COr the rcpB.ICs D.nd t'ootot'otion in a single disburser?'lent or
in a series of progress payments as the work 1s completed. 'Unless an agreement is made in
writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lencjer
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 lnstrument, 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. I
In the event or a -total taking, de....~ruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be epr.Hed to the sums secured by this Secudty Instrument, whether or nOt then
due, with the excess, 11 any, paid to Borrower. I
In the event of a partial talcing, destruction, or loss in value of the Pro12erty in which the fair
market value of the Property immediately before the partial taking, destruction, or loss in Value is
equal to or gr,cater than the amount of the sums se<:ured by this Security Instrument imme'diately
before the partial taking. destruction, or loss in value, unless Borrower and Under ot~erwisc
agree in writing, the sums secured by this Security Instrument shall be reduced by the amount or
the Miscellaneous Proceeds multiplied by the following £ra.ction: (a) the total amount of the 61lms
secured immediately before the partial taking, destruction, or loss in value divided by (b) the lair•

lnl1.lols..--JE"6 _
~ -BIMAl ro,011 Paiµ1 g of Hi Form 3022 1/0 1

i
 market value of the Property immediately before the partial taking, destruction, or loss in ~alue.
Any balance shall be paid to Borrower. j

l'1 the event of a partial taking, destruction, or loss in value of the Property in which the foir
market value of the Property immediately before the parti.·a. I taking, destruction, or loss jn value is
le.% th.an the amount of the sums sequred. immediate1y before the partial taking, destructiOn or
loss in value, Unie.ss Borrc;,wer and Lender otherwise agree in writing, the Miscellaneous Prdce'eds
shall be applied to the sums secured by this Security Instrument whether or not the sums are then
~ I
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 da.te the notice is Siven,
Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or
repair of the Properiy 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 agamst whom Borrower has a right of action in regard to Miscellaneous Proceeds. I
Borrower shall be in default if any action or proceeding, whether ci\>il 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 defauJt and 1 if acceleration hes occurred. reinstate as provided in Se'ction
l 9, 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. Tho {?roceeds of any award or clai!n for
-11---------d:amages-that-are:-att-r-i-butablG--ta-th.e--imf,air:ment-of-Lcndei:!s-intercst-in-the-Frepefty-are-hC3reb,v----------
assigned and shall be paid to Lender. ,
All Miscellaneous Proceeds that a_re riot applied to restoration or repair of the Property lshall
be applied in the order provided for in Section 2. -
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the
time for payment or modification of amortization of the sums secured by this Security
Instrument granted by Lender to Borrower· or "any Successor .in Interest of Borrower shall not
operate to reloase the liability of Borrower or any Succ~ors ln Interest of Borrower. Lender 'shall
_____,nqt be,required Jo commence .m•oceedings_against ~llY Succ~or in__Interest of Borrowerbr ts-o_ _ _ _ _ _ __
refuse to extend time for payment or otherwise modify amortization of the sums secured b,Y. this
Security Instrtiffient by reason of any demand made by the original Borrower or any Succes80rs in
Interest- of Borrower. Any forbearance -by Lender in eJ{ercising any right or remedy including,
without limitation, Lender-'s acceptance of payments from third persons, entities or Successo'rs 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. I
13. 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,
•nr Borrower "Who co-signs this Security Instrument but does not execute the Note (a "co-si~Cr" ):
{a is co..signlog_ this Sc..--ourity Instrument only to mortgage, grant and convey the co-s:1gher's
interest in the Property under the terms of this Security Instrument; (b) is not personally
obligated lo pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
other Borrower can agree to extend, modify, for-bear or make any accommodations with regaI'd to
the terms of this Security Instrument or the Note without the ea-signer's consent. · j
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing_1 and is approved by Lt::ndet", ShaJl
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
a~rees 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. I·
14. 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 ri_ghts
under this Security Instrument, including, but not limhed to, attorneys' fees, _property inspection
and valuation fees. In regard to any other fees, the absence of express authonty in this SccUrity
Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the 1

cmr.i-6(MA) 1040 11
lni<l•l<c5e/? I_
Form 302.2 1/01
 charging of such fee. Leflder may no.t charge fees that are expressly prohil?itecl by this Security
Instrument or by Applicable.Law, I
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
witp the .Loan.,:xceed t)ie permitted limits, then: .(a) any su~h 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 refun\l reduces prine1pal, the reducliQn will bo treated as a partial
prepayment without any prepayment charge (whetlier or not a prepayment charge is provided for
under the Note). Borrower's acceptance of any such refund maae by direct payment to Borrower
will constitute a waiver of any right of al'(ion Borrowe,r might have arising out of\ such
overcharge. ·
15. Notices. All notices given by Borrower or Lender in connection with thfa Security
Instrument must be in writing. Any notice to Bo.rrower in connection with this Seburity
Instrument shall be deemed to have been jliven to Borrower when mailed by first class mail or
when actually delivered to Borrower's notice add~ess 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 Addre&S unless Borrower haa designated a
substitute notice address by notice · to Lender. 'Borrower shall promptly notify Lender of
Borrower's oh11nge of address. If Lender specifies• a procedure for reporting Borrower's cba:Ogc of
address, then Borrower shall only re,x,rt a change of address throueh that specified procedure.
~1---------'.I'her.e-may-be-only-ono-designated-notic<.>-address.under-this.SecurityJnst<0ment.at.any-0ne-'.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 thia Security Instrument shall not be deemed tol have
been given to Lender until actually received by Lender. If any notice required by this Security
Instrument is also required under AJ?plioable Law, the Applicable Law requtrement will satisfy the
corz-csponding requirement under this Security Instrument. I
16. Governing Luw; Severability; Rules of Construction. This Security Instrument.shall
l---------~~ghg~v:~~~hffglti~ri:~~\',t.,:~l~eJurs":a~~l~ju{.:1:J~~~f'!r:~~~e~~ t~'~Jf7~q~r~.;',i,t_;:cts~·a-~-~~----~
0 0

limitations of Applicable Law. Apelicable 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. Jn the event that any provision or clause of this Seciurity
]ns!rument or the Note conflicia with Applicable Law, such conflict shall not affect other
provisions of this Security .Instrument or the Npte which can be given effect withoul the
conflicting provision. . I
As used in this Security lnsti:ument: (a) words of the masculine ~ender shall mean and
include corresponding neuter words or words of the feminine gender; (bJ 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. I
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security
Instrument. I
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this
Section ]8, "Interest in the Property" means any legal or beneficial interest in the ProP,Crty,
i:ncluding. but not limited to, those beneficial interests transferred in a bond for deed, contradt for
deed, installment sales contract or escrow agreement, the int.ent of which is the transfer of title by
Borrower at a· future date to a purchaser. I
If all or any part of the Property or any Jnterest in the Property is sold or transferred (or if
Borrower ls .not a natural person and a beneficial interest in Borrower is sold or transferred)
without Lender's prior written conc;ent, Lender may require immediate payment in full Of nU
sums secured by this Security Instrument, However, this option shall not be exercised by Lender
if such exercise is prohibited by Applicable Law, I
If Lende.c..exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provjde a period of not less than 30 days from the date the notice is &iven in accordance iwith
Section 15 wit~n which Borrower must pay oll sums secured by tlus Security Instrument.

lnith1l1;JE"/3
_ ,-BtMA) co◄ o 11 Pl{II 11 of IS Form 3022 1/01
 If Borrower faiil to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permi~ed by th(s Security Instrument without further notice or demand on BorroWer.
19. Boero e(s Right to Reins1ate After Acceleration. If Borrower meets certain
conditions, Bo ower shall have the right to have enforcement of this Security Instrument
discontinued at ny tim_e .prior to the .earliest of: (a) five days before sale of the Property pursuant
to any power oi sale contained. in this Security Instrument; (b) such other period as Applicable
Law might specify for the termination of Borrower's right to reinstnte; or \cl entry of a judgment
enforcing this S¢,:urity Instrument. Those conditions are that Borrower: (a pays Lender all sums
which then wou/d be due under this Security Instrument and the Note as if no acceleration had
occurred; (b) opres •~ default of any other covenants or agreements; (c) pays all expenses
incurred in ent:op::ing _Uus Security ~rument, including. bl!l not limited to, reasonable attor'.n~ys'
fees, property , pect1on and valuation· fees, ·and other fees incurred for the· purpose of protecting
Lender's inter in the Property and rights under this Security Instrument; and (d) takes !such
action as Lende may reasonably require to assure that Lender's interest in the Property and rights
under this Sec rity Instrument, and Borrower's obligation to pay tho sums secured by\' this
Security Instru ent, shall continue unchaµged. Lender may require that Borrower pay such
reinstatement ms and expenses in one br more of the following forms, os selected by Lender:
(a) cash; (b) m ncy order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any s ch check is drown upon an institution. whose deposits are insured by a federal
agency, instru entality or entity; or (d) Electronic Funds Transfer. Upon reinstatemerit by
Borrower, this ecurity Instrument and obligations secured hereby shall remain fully effective as
if no accelerati n hnd occurred. However, this right to reinstate shall not apply in the case of
a-----~---cceler.a:tion...un .r._Se_crtio I
20. Sale o Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial
interest in thc:r ote {together with this Security Instrument) can be sold one or more times
without prior n ticc 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 o~er mortgage loan servicin,g obligations under the Note, this Security Instrument,
and Afplicable aw. There also mlght be ono or more changes of the Loan Servicer unrelated to a
sale o the Note If there is a change of the Loan Servicer, Borrower will be given written notice of
l---------~=~=;=;;,=h~:;4-e,ili;t{ -::.111:;f;~.~~<:.~~"i,~h~tI:~~:ti~t_t~P1~;,;l/O:!fu~:;:,~tfi~:;ht~ :!\~~---------
of transfer of so/vicing. 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 obiiii"tions to Borrower Iwill
remain with th9. Loan Servicer or be tr:ans,~rred to a successor Loan Servicer and are not assumed
by the Note purfhaser unless otherwise provided by the Note purchaser. · I
Neither Borrower nor Lender may commence1 join, or be joined to any judicial action (as
either an indivitual litj~ant or th, member of a class) I.hat arises from the other party's aciions
pursuant to th s Secunty Instrument or that alleges that the other party has breached I any
provision of, o any duty owed by reason of. this Security I~rument, until such :Borrower or
Lender has not,fied tho other party (with such notice given in compliance with the requirements
of Section 15) qf such alleged breach and afforded the other party hereto a reasonable ~eriod after
the giving or spch notice to take corrective action. If Applicable Law provides a t1me pe'riod
which must elapse before certain action can be taken, that time period will be dee.med tO be
reasonable for eurposes of this para~aph. The notice of acceleration and opportunity to Cure
given to Borr9wer pursuant to Sectmn 22 and the notico of accoleration given to Borrdwer
pursuant to S tion 18 shall be deemed to_ satisfy the notice l!Ild opportunity to take corrective
action piovisio s of this Section 20. .
21. Haza ous Substances. As used in this Section 21: (a) "Hazardous Substances" are
I
those substance defined as toxic or hazardous substances, pollutants, or wastes by Environmental
Law and the ollowing substances; gasoline, kerosene, other flammable or toxic petroleum
I
I

Q-6{MA) c040 1
Jnltlol•S£ 13 Fonn 3022 /01
•
·I

I
 products, toxic pesticides and herhicid~, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials; (b) "Environmental ·Law" means federal laws acid laws
of the jurisdiction where the Property is located that relate to health, safety or environmental
protection; (c) "Environmental Q®.nup" includes any response action, remedial actibn 1 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. I ·
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 Pr~perty.
Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) th~t is in
violation of any Envi.roomentnl Law, (b) which creates an Environmental Condition, br (c)
which, due to the presence, use_ or release of a Hazardous Substance, creates a condiUdn that
adversely affCGts the value of the Property. The preceding two sentences shall not apply 'to the
presence, use, or storage e.QP the Property of small quantities of Hazardous Substances that are
generally recognized to .oe· appropriate to normal residential uses and to maintennnce be the 1 ·-:

Property (including, but not limited to, hazardous subs.tanoos in consumer products). i
Borrower shall promptly give Lender written notice of (a) any investigation, claim, di,riland,
lawsuit or other action by any governmental or regulatory agency or private party involvihg tho
Property and any Hazardous Substance or· Environmental Law of which Borrower hos actuaJ
1

knowled!l!,, (b) any Environmentnl Condition, including but not limited to, any spilling, lckking,
-ii--------~dc:i"'sc"h"'a"'r"'ge, release or threat of release of any Hazardous Substance, and (C) any coruJifion cau~ecnry-------
the presence, use or release of a Hazardous Substance which adversely affects the value bf the
Property. If Borrower learns, or is notitied by any governmental or regulatory authority, dr any
private party, that -any removal or other remediation of any Hazardous Substance affectibg the
Property is necessary, Borrower shall promptly take nll necessary remedial actions in accordance
with. Environn:iental Law. Nothing herein shall create any obligation on Lender. rbr_ an

-•·---------!!1,,v.!NON"~~~~~rCOVENMITS:-Borrower~ana--teilcl~r-·forther·-covemrncand···•grL--.,,.-····-···-···-··--·
~~ . . I
22: Acceleration; Remedies. Lender shall give- notice to--Borrower prior to
acceleration following Borrower~s breach of any covenant or agreement in this Scdarity
Instrument (but not prior to acceleration under Section 18 unless Applicable\ Law
provides otherwise). The nc;,tice shall specify: (a) the default; (bl the actic;,n required to
cure the default; (c) a date, not less than 30 days from the date the o.otjce is givbn to
Borrower, by which the defnult must be cured; and (d) that failure to cure tho default on
or before the date specified in 1he notice may result in acceJoration Of the sums seriured
by this Security Instrument and sale of the Property. The notice shall further inform
Bori:-ower of tbe right to reinstate after acceJeration and the right to bring a court abtion
to assert the non-existence of. a default or any other defense of Borrower to acceler8tion
and sale. If the default is not cured on or before the date specified in the notice, LJnder
ot its opt.ion may require immediate payment in full of all sum&'secured b31 this Scc,~rity
Instrument without further demand and may invoke ·the STATUTORY POWER OP
SALE and any other remedies permitted by Applicable Law. Lender shall be entitibd to
coUcct all expenses incurred in pursuing the remedies provided in this Sectiori 22,
including, but not limited to, i-casonnblc .attorneys" fees and costs ofth]e e1•idencc. I
If Lender invokes the STATUTORY POWER OP SALE, Lender shall mail a copy of
a notice of sa'le to Borrower, and to o1he:r persons prescribed by Applicable Law, i~ the
manner provided by Applicable Law. Lender shall publish the notice of sale, and the
Property shaJl be soJd in the maqner prescribed by Applicable Law. Lender o'r jts

lnitJels.$Eb
~ -6IMAJ !040 ll f'ago U ol 15 Form 3022 1/01
ZMA2
designee may purchase the Property at any sale. The proceeds of the sale shall be aRplied
in the following order: (a) to all expenses or 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. I
23. R9lease. Upol) payment of all sums secured by this Security Instrument, Lende~ 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 thirdlparty
for services rendered and tho charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower waives all rights of homestead exemption in the Property and
relinquishes nil rights of curtesy and dower in the Property. I

BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained
in this Security Instrument and in any Rider executed by Borrower and recorded with it.

Witnesses:

,z_-(

SUSAN E BURRAGE

_ _ _ _--,-_ _ _ _ _ _ (S~l) (Seal)

- - - - - - - - - - - - - - I ..•.
:Borrower -Borrower

___________· (S_enl) (Seal)

- - - - - - - - - - - - - - - . "i.
-Borrower -Borrowor

(Seal)
------,--------
-Bor;rower

«mr.i-S{MA) <040 n • Form 3022 1/(;>1

COMMONW".\>ALTH OF MASSACHUSETTS, ESSEX County ss:
I
On this day of , before me, the undersigned notary
public, personally appeared SUSAN E BURRAGE
.,

, proved to me
through satisfactory evidence of identification, which was/were I ,
to be the person(s) whose name(s) is/are signed on the preceding document, and acknowledged to
me that he/she/they signed it voluntarily fo, i1s stated purpose.

My Commission Expires: '3 ,\ c.,, 1 ;;,_

(Seo!)

Noter::p Pubho
C--e

1nlti11ls: :Jl3f3
~-6{MA) {0401)' Form 3022 1/01
 7
Rl,\1 ~
i
3D 123D2D76-.071
M39

ADJUSTABLE RATE RIDER

'
(12-MTA Index - Payment and Rate Gaps)
I

THIS ADJUSTABLE RAiE RIDER Is made this 19TH dat of

DECEMBER 2006 , 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 glvell by the undeioigned (the "Borrower'') to secure Borrower's Adjustable Rate Note (the
"Notej lo WASHINJlTQN t,UITIJAL BANK FA (the "Lender") of lhe
same date and covering the property described in the Security Instrument and located at:

13 WHAIE covE ROAD. BOCKPDBT MA Dl96fi

(PROPERTY ADDRESS)

THIS RIDER CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY

INTEREST RATE AND MY MONTHLY PAYMENT. MY MONTHLY ·PAYMENT
INCREASES WILL HAVE LIMITS WHICH COULD RESULT IN THE PRINCIPAL
AMOUNT I Ml/ST .. REPAY BEII\IG LARGER .. THAN ·rHE AMOUNT , ·oRiGINACLy + - - - - - - -
BORROWED, BUT NOT MORE THAN 1 I 0% ·oF THE ORIGINAL AMOUNT (OR
$ ,;uso.000.00 ). MY INTEREST RATE CAN NEVER EXCEED THE
LIMIT STATED IN THE NOTE AND RIDER. A BALLOON PAYMENT MAY BE DUE-AT
MATURITY.

ADDITIONAL COVENANTS, In addition lo the covenants and agreements made in the Securtty
Instrument, Borrower and Lender further covenant and agree as follows:

A. INTEREST RATE AND MONTHLY PAYMENT CHANGES

Interest will be charged on unpaid Principal until the full amount of Principal has been pal,d. Up
until the first day of the calendar monlh !hat immediately precedes the first payment due dale set
forth in section 3 of the Nole, I will pay interest at a yearly rate of 7 • 433 %. Thereafter until the

l
fiiot Change Dale (as de11ned in section 4 of the Note) I will pay interest at a yearly rate of
1 , ooo %. The Interest rate I will pay will thereafter change in accordance with Section 4 theof
Note.

J2843(1Hl1) P•Ec1of6 LRD02USA(VERSI N1.0)

 . .I.

Section 4 of the Note provides for changes in the interest rate and monthly payment as follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES I
(A) Change Dates
The interest rate I will pay may change on the 1ST day of
FEBRUARY 2007 and on that day every month !llerealler. Eaci\ such
day I~ caUed a "Change Date". , . I
(1:1) 'fh11 Index ·
On each Change Date, my interest rate will be based on an Index. The "Index" is the Twelve-
Month Averag!'), determi_ned as set forth below, of the annual yields on actively traded Unlted·states
Trear;;ury Securities adjusted to a constant maturity of one year as published by the Federal Reserve
Board In the Federal Reserve Slatistlcal Release entitled "Selected Interest Rates (H.15X" (the
t - - - - - - - - " I "viontllly-¥1elds"}.....Toe-Twelve.Montb..A'lflrage-1!L.dalermiaed...by..adtilng~ther the Moo!hly :fields_ _ _ _ __
forthe most recently available twelve months and dividing by 12. I
The most recent Index figure available as of the-date 15 days before each Change Date is called
the "Current Index". I
If the Index Is no longer available, the Note Holder will choose a new index .which is based upon
comparable informatio. n. Ttie Note Holder will give me notice of this choice. I
(C) Interest Rate Chan11e ·
■ ---------Before-each-Change_Date,_the_.1\lole_HoldeL_\\l.llLc;;ilc_ulate my new Interest rate by __ addlng__
TWO AND 5 s 11 oo percentage points
2,650 % ("l)!largln'~ to Current Index. The Note Holderwlll lhen round the result of this addllion to
the nearest one 1housandth of one percentage point (0.001%). Subject to the limits stated In Section
4(D) below, this rounded amount will be my new interest rate until the next Change Date. In lhe:event
a new ln_dex Is selected, pursuant to paragraph 4(B), a new Margin will be determined. The new
Margin will bo the difference between the average of the old Index for the most recent thre~ year
parted which ends on the last date the Index was available plus the Margin on the last date the old
Ind~ was available and the average of the new Index for the most recent three year period ~hich
ends on piat µ_ate (or If not available for such three year period, for such lime as ii is available). The
difference will be rounded lo the next higher 118 of 1%. I
(D) Interest Rate Limit I
My lnlerest rate will never be greater than !l, 850 % ("Cap'1, except that following any sale
or transfer of the. property which secures repayment of this Note after the first Interest rate Change
Date, !he maximum interest rate will be the higher of the Cap or 5 percentage points greater than lhe
interest rate In effect at the time of such sale or transfer. I
(E) Payment Change Dates ·
Effective every year commencing FEBRUARY 01 2008 and on !he same
date each twelllh month thereafter C'Payment Change Date"), the Note Holder wlll determine !h~
. I
32843 (11-01) Page 2 016 LRD02USB (YERSI0 1.0)

I
'
 amount of the monthly payment that would be sufficient lo repay the projected Principal balanGe I am
expected to owe as of the Payment Change Date In full on the maturtty date at the Interest rMe In
effect 45 days prior to the Payment Change Dale in substantially equal payments. The result of this
calculation Is the new amount of my monthly payment, subject to Section 4(F) below, and I will make
payments In the new amount until the next Payment Change Date unless my payments are changed
earlier under Section 4(H) of the Note. I
(F) Monthly Payment Limitations:
Unless Seclfon 4(H) and 4(1) below apply, the amount of my new monthly payment, beginning
with a Payment Change Date, will be limited to 7 1/2% more or less than the amount I have been
paYing. This payment cap applies only to the Principal Payment and does not apply to any escrow
payments Lender may require under the Security Instrument. I
(G) Changes in l'/ly Unpaid Principal Due to Negative Amortization or Accelerated
r 1-------,Amortizatlo I
Since my payment amount changes less frequently than the Interest rate and since the monthly
payment Is subject to the payment limitations described in Section 4(F), my monthly payment could
be less or greater than the amount of the interest portion of the monthly payment that would be
sufficient to repay the unpaid Principal I owe at the monthly payment date In full on the maturity :dale
in substantially equal payments. For each month that the monthly payment is less than the Interest
portion, the Note Holderwlll subtract the monthly payment from the amount of the interest portion and .
will add the difference to my unpaid Principal, and Interest wlll accrue on the amount of this difference
·-·----·····-······aI the currenfliiterest rate. Foreacn··month··tnar·ltte-hiontllly··p-aymennr·grea1er·tharr-me-intere.,.....-------
POrllon, the Note Holder will apply the excess towards a Principal reduction of the Note. I
(H) Limit on My Unpaid Principal; Increased Monthly Payment
My unpaid Principal can never exceed a maximum amount equal to 110% of the principal
amount original borrowed. In the event my unpaid Principal would otherwise exceed that 110% I
limitation, I will begin paying a new monthly payment until the next Payment Change Date
notwithstanding the 7 1/2% annual payment increase limitation. The new monthly payment wlll be an
amount which would be sufficient to repay my then unpaid principal In full on the maturity date ai my
I
Interest rate in effect the month prior to the payment due date in substantially equarpaymenls.
(I) Required Full Monthly Payment
On the F I FTH anniversary or the dµe date of the first monthly payment, and on that same
I day every FIFTH year thereafter, the monthly payment will be adjusted without regard td the
payment cap limitation In Section 4(F). I
(J) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes In the amount of my monthly
payment before the effective dale of any change. The notice will include lnfom1atlon required byl law
to be given me and also the title and telephone number of a person who will answer any questions I
~~~~hn-. _ I
32843(11..01) Page 3 of6 LRDD2USC {VERSION 1,0)
 lllll'72

(K) Failure to Make Adjustments

If for any reason Note Holder !ails to make an adjustment to the Interest rate or payment amount
as described In !his Note,. regardless of any noUce requirement, I agree that Note Holder may, u'pon
discovery of such failure, then make !he adjustment as If they had been made on time. I also agree
not to hold Note Holder responsible for any damages to me which may result from Note Holde~s
failure to mak.e the adj!15tment and lo let !he Note Holder, at Its option, apply any excess mo1'les
which I may have paid to partial prepayment of unpaid ''Principal."

B. TRANl;IFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER

secllon 18 of the Security lnslrument is amended to read as follows:
Transfer of the Property or a Beneficial Interest In Borrower. As used In this SeCUon 18, 1

"Interest In the Property" means any legal or beneficial Interest In the Property, lnclud.~ln~ri.,_,f ' b u " ' t ~ - - - - - -
t-----------,nc-;o"t'llmlled lo, those beneficial Interests transferred In a bond for deed, contraot for de~d,
Installment sates contract or escrow agreement, !he Intent of which Is the transfer or !illelby
Borrower at a future date to a purchaser. If all or any_ part of the Property or any interest in Iha
Property is sold or transferred (or if a beneficial Interest In Borrower Is sold or transterred and
Borrower Is no! a natural person) without Lender's pnor written consent, Lender may req~ire _
Immediate payment In full of all sums secured by this Security lnstrumenl. However, tills option
shall no! be exercised by Lender if exercise is prohibited by Applicable Law. Lender aiso shall
1-----------not-exerclse-thls-option--if:--(a)-Borrower-causes-to·be·submitted-to·lender-loformalion-·requi~d--------
by Lender lo evaluate the intended transferee as If a new loan were being made to the
; transferee; (b) _Lender reasonably deterrriines that Lender's security will not be impaired by the
' loan assumption and that the risk of a breach of any covenant or agreement in this Securlty
Agreement or other obligations related to the Note or other loan document is acceptable ito
I
I
Lender, (c) Assuming party executes Assumption Agreement acceptable to Lender at Its sole
choice and discretion, which Agreement may Include an Increase to Cap as set forth.below and
! (d) payment of Assumption Fee if requested by Lendor. I
To the extent permitted by Appllcablc Law, Lender may charge a reasonable fee as a
condition to Lende(s consent to the loan assumption, and Lender may increase the maximum
Interest rate limit to the higher of the Cap or 5 percentage points greater than the Interest raie
In effect at the time of the transfer. Lender may also require the transferee to sign an
assumption agreement that is acceptable to Lender and that ob!lgates the transferee to keep ~II
the promises and agreements made in the Nole and in this Security Instrument. Borrower will
continue to be obligated under the Note and this Security Instrument unless Lender has entered
Into a written assumption agreement with transferee and formally releases !3orrower.

32843 (11-01) Page4 of6 LR002USD (VERSION 1.0)

 If Lender exercises this option, Lender shall give Borrower notice of accelerallon. The
notice shall provide a period of not less than 30 days from the dale the notice Is glVen In
··-· .accordance wtth Section 15 within which Borrower must-pay all sums secured by this Security
Instrument.. If Borrower falls to pay these sums prior to the expiration of this period, Ltmder
may Invoke any remedies permitted by this security Instrument without further notice or
demand on Borrower. r ·;
' '

32843 (11.01) Pago6of6 LRDD2USE (VERSION .D)

",,I
'

"
 BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this
Adjustable Rate Rider. Borrower agrees to execute any doCllment necessary to reforrni this
Agreement lo accurately reflect the terms of the Agreement between Borrower and Beneficiary or If
the original Note, Trust Deed or other document Is lost, mutllated or destroyed.
t

32843 (11-01) Page 6 of6 LRD02USF (VERSION 1.0)

 :Exhibit A - Property Description

Closing Date: 12/19/2006

Borrower(s):

Property Address: 13 Whale Corvo Road, Rockport MA 01966

The land in Rockport, Essex County, Massachusetts, described and designated as

Parcel WA on a plan entitled a€"Plan of Land in Rockport, Massachusetts, Whale Cove
Road, Prepared for Hilda Levyne" dated December 9, 1977 and revised on October 2,
1978, prepared by Matt A. Hautala, Registered Land Surveyor, duly recorded with
Essex SouthDistriet Registry of Deeds, more particularly bounded as follows:
Beginning at the north westernmost point of a way of vru:\able width running from
Whale Co\!e Road as shown on said plan and running thence the following courses and
distances:
o-----------~N 87 Degrees 14 Minutes 46 Second=s~B~18=0~.7~1~£~e~et~t~o~a=o=in=t~--------+--------
thence S 7 Degrees SO Minutes OSeconds E I OS feet to a point,
thence S 82 Degrees IO Minutes O Seconds W 180 feet to a point,
thence N 7 Degrees 50 Minutes OSeconds W 121 Feet to the place of beginning,

Containing 20,340 square feet as shown on said plan, being more or less.
LOCUS: 13 Whale Cove Road, Rockport, MA. ·-··-•- -·····

Flh: 201:"•J.nc
Goueli~ , ~:iocbtt~, P,C,
 . ·.-_;_,

· - t - - - - - - - - = 1 - ~ - " " _,,.___.., _ ____,.'----------"'

I _x 1 lt
 Redacted
ASSIGNMENT OF MORTGAGE
JP Morgan Chase Bank. NatioM1 Asrocintion, as purchaser of loans mid other asscls of \Voshington Mutual J
Bank, formerly known as Washington Mutu11l Brink, FA (the Snvings Dnnk ) frcm the Fcdc,a1 Deposit
Insurance Corpomtion, acting as receiver for the Savifl&5 Bank and pmsuant le> its authori1y umkr the Federal
Deposit lnst,uuncc Ac.I, 12 U.S,C. se.c'tion 1821(d). 1757 BJiybcny RC>ffd, Jaclt$0nville, FL 32256, hold~r of a
mot1ga,gc from Susan E. BW'lll,t:C to Washington Mutual Bank. F'.A, dated Occem~r 19, 2006, recorded wilh lhc
Essex County (Soulhcm District) Re_gislr)" or Deeds al Book 26450, Page JS astign.t said mortgage and the
y
note and claim secured thereby to Bank of Arneric.n., Natiom1I Assoei(llionas successor by merger 10 LaSalle
Dnnk NA as trustee forWaMu Mortgag-c Pass-Through Ccr1ilie.ntcs Series 2007-0AI Trust, do JP Morgan Chnse
~ Bonk. Na~onal Association, 775_7 Bnyb~ll)' Ro_ad. Jar.:ksonvillq, J:LJ22_S~1 wit~out recQumi.
0
~ IN WITNESS WHEREOF. the said JP MallWl Chase BW. National Assoc~ation, as purt;hascr of loans ead
-"8-----------~,;--offier0Sscis·orwashing1on M1.11ual1J~imorfyKJiOwn ru"""Wasm:iigfOii-MuiuiltffliK;FA- (1he Sovmgs"Bmk'"'--c-----------
J from lhe Federal Deposit lnsUl'.ancc Co!J)Om1ion, acting ns r!X:Civtt for the Savings Bank and punu&nt lo its
8 a.ulhorily under tho Federal Deposit Insurance; Aet, J2 U,S.C, tection l 821(d) has e,nu~ ils corporate 6Cal to be
~ hereto offixed tmd these prescn!s 10 be iigncd, in its 113.1ne and behalf by

10
tfu,25" day of ()c,/. ,2010 J
{3 · ·· JP Morgan Oiase Bank. National Association, as purchasec- of loons and
________ u ________ 01hcr....n.s~l!!_qf_Wn$~i,,gto.-n.Mutu.1.l.8nnk,.formc.dy...lCD0wn.as..Washing1on.Mutual.lJank,.FA_(lh~.Sayjngs. .Dank_),--:----------
~ from the FC!dml Dcposil Jnsurnncc Corporallon, acling us receiver for lhe Savings Bank nnd pursuam to its
:;: authority under the Fedcml Deposit lns~i'Ulce Act. 12 U.S,C. section )8.ll(d)

By:

Tllo State of Flclida

Duvar ·" 101:1~ ,2010
On this J~ day of (Jo/, 2010, before me. the tmdcrs.igncd notary publrc, pmonally
appeared lsmeta Duma,-.;,,. • proved to me (hrough satisrnctory evidence of idcntificalion, which
wcre,Otllbn/ L"11aw/l!'tl9e, 10 be lhc person whose name is signed on lhe r,reccding or attached
docwncnt. ,ind acknowledged lo me lhal {he) (she) signed it voluntnrily for its sl!ltcd purpose.

Copacity; c(a:.,•~----'-f;_o_n,c:c.;.1o:..;sun,=:..::0.::ffi.::1c:ceccr_________________

for JP Morn.an Chase Dnnk Na1iom1I A~socfo1io9 ns pun;M5;er orloans end other as:ms ofWnshington
Mutual Bnnk formerly known ns- Wa.~binglon Mutual Bank, FA (lhc Savings Bank ) rrom the Feds:-ral
Depo~il IDSUillncc Cqroqratioo !!Cling i1$ rccciYeI for the Savjngs Bank pnd purnuanr IQ j1s euthorily under lbc
"31 D c:i ii nrunmcc Ac 12 U.S.C se ·o 82 )

FLORINA C. MUNOZ
NQta,y Public - state of f:!olldn
My Cc,mm. Explles Feb 23, 2013
Commission ii OD 863731

l0IOOMS2)
 . ·-.)

'.

1 1
Susan E. Burroge, 13 Whale Cove Road, Rockport, Massachusetts 01966
AffidavitunderMG.L. c. 183, § 5B

AFFIDAVIT PURSUANT TO G.L. c. 183 § 5B

I, SUSAN E. BURRAGE, on oath and personal knowledge do hereby state:

1. I am the record title holder of property located at 13 Whale Cove Road,

Rockport, Massachusetts O1966 ("property"), as evidenced by a deed recorded with the
South Essex Registry of Deeds on October 31, 1997 at Book 14406, page 37. I ~ssess
and occupy the Property as my primary residence. \

2. On December 19, 2006, I executed a promissory note ("note") in favor of

Washington Mtitual Bank, FA. The Note was secured by a mortgage ("mortgage")
recorded with the South Essex Registry of Deeds on January 4, 2007 at Book i6450,
page 15.

3. On January 11, 2011, an "assignment'' of the mortgage and the note

("assignment'') was recorded with the South Essex Registry of Deeds at Book 30151,
page 491. It bears an execution date of October 25, 2010, and is from JP Morgan &hase
Bank, N.A. to B~ of America, N.A. as trustee for the \VaMu Mortgage Pass-Thiough
Certificates Series 2007-0AI Trust ("Trust"). It is signed and acknowledged by Iimeta
Dumanjic as "Foreclosure Officer" for JP Morgan Chase Bank, FA

4. In additio~ to the "assignment" 0;2011, the Trust has claimed owne hip
l
of my loan in other documents recorded with the South Essex Registry of Deeds as Well.
These include an Order ofNotice recorded on July 27, 2012 at Book 31559, page 16! and
an Affidavit Under G. L. c. 244, §§ 35B and 35C recorded on January 20, 2016 at ~ook
34666, page 207. I
5. However, the chain of title to my property as it appears in the reco~s of
the South Essex Registry of Deeds is sharply contradicted by documents that were vJed
with the U.S. Securities and Exchange Commission as part of a loan securitization.
These documents. reveal that the "assignment" could not have transferred my mortgage
and note to the Trust on January II, 2011 because both instruments had already ~een
transferred to the Trust in 2007 as loan nwnber 605754851-some four years earlier.
More specifically:' \

(a) My· loan, including both the note and the mortgage, is specifically
identified by multiple criteria (loan number, amount, property location, etc.) inlthe
Loan Schedule of the Trust's Free Writing Prospectus filed \\'.ith the U.S.
Securities and Exchange Commission on January 24, 2007 and available on\ its
official website. t

\
' Available at hHp://www.sec.gov/Archives/edgar/data/1385020/000127727707000045/0001277277-07-
000045·index.h!m. I
Susan Ji Burrage. 13 Whale Cove Road, Rockport~Massachusetts01966
Affidavit uodcr M.G.L. c. 183, § 58

(b) My loan, including both the note and the mortgage, is specifically
identified by multiple criteria (loan number, amount, property location, etc.} in the
Loan Schedule of the Trust's Form 8-K-Current Report filed with th~ U.S.
Securities and Exchange Commission on January 24, 2007 and available on its
official :website.2

(c) The closing date for the Trust (the date beyond which assets could no
longer be transferred to the Trust) was January 25, 2007, as clearly stated\in the

l
Trust's Pooling and Servicing Agreement, which is attached as Exhibit 4.1 to the
Trust's Form 8-K Current Report filed with the U.S. Securities and Exchange
3
Commission on February 9, 2007.

6. That my loan passed to the Trust in 2007 is underscored by the fact at it

was being serviced on behalf of the Trust long before the "assignment" of 2011, ahd by
the fact that the'. "assignment" was signed by a "Foreclosure Officer," which raisJs the
question of why the Trust would want a loan supposedly in default. I
7. As importantly, Section 5.05 of the Pooling and Servicing Agreepent
states that upon issuance of the certificates in 2007, ownership ofmy loan passed "for all
purposes" from the Trust to a group of investors through their own nominee. This is
repeated in each of the certificate forms attached as Exhibit A to the Pooling! and
Servicing agreement. I
8. I am aware of nothing in the records of the South Essex Regis!Iy of°ieeds
to suggest that the investors or their nominee have at any tinie assigned my loan back to
the Trust for any purpose whatsoever, or that the Trust has the right to act on their bJhalf
for purposes of enforcing my loan. I

9. Based on the ~lings at the U.S. Securities and Exchange Commission,\and

on the fact that ownership of my Joan cannot exist in two places at the same tinie, I !llisert
that the chain of title to my property as it has been made to appear in the South Essex
Registry of Deeds ·is clouded by a number of unlawful and defective documents, and lliat
the Trust is not the present owner of my loan or the holder of legal title to my propertJj-

Executed under the pains and penalties of perjury this JL__ day of~20l6.
I I
~ & - ~\
Susan E. Burrage

-
2
-.- \
Available at: http://www.sec.gov/Archives/edgar/data/13 85020/000127727707000047/0001277277-07-
000047-index.htm.
3
I
Available at http://;vww.sec.gov/Archives/edgar/data/13 85020/000I2m7707000083/0001277277--07-
000083-inrlex.htm ' '

Page2of3
Su.san E. Burrage. 13 :Whale Cove Road, Rockport, Mllssachusetts O1966
Affidavit ander M.G-1,. c. 183, § 5B

CERTIFICATE OF ATTORNEY

I, Rockwell P. ,Ludden, Esq., hereby certify that I am an attorney at law, with a ailing
address of P.O. Box 251, Yarmouth Port, MA 02675, and that the facts stated the \in
foregoing affidavit are relevant to the title to the property therein described and will be of
benefit and assistance in clarifying the chain of title thereto. \

ff\
Rockwell P. Ludden BBO #549i78

I
I

I
\
Page3 of3
I
I
I

1 1
 lotDJ Pt;ta: 2

Redacted

IH!H1~Ellll811lJJmfflll
lSR•il n
MMiSSEXSOUlliERN DIS
7'tc,2.w.rru"CENIPEMPBill/\QE
CT

A9:!IQMlentPropl»'atfoo: Novomber 29. 2017

A11la•"' BANK OF AMERICA, NATIONAi. ASIOC,I/\TION SIJCC£SSOR BY MERGEA TO LASALLE

BANK. N.A. M TRUSTEE FOR WAIIU MORTCIAO£ PASS-THROUGH CERTIFICATES, SERIES 2007-0At
TRUST BY SELECT PORTl'OUO 8ERVICINCI, INC., ITS ATTORNEVIH FACT
, al C.0 SELECTPORTl'OUO SER\llQNG, INC., 3217 S. DECKER LAKE DRIIIE, SPULAKE QTY, UT, 84119

AHIQ~N: U.S. BANK NA, 8UCCEB90R TRl.llT'mi TO DANK OF AMERICAa NA1 SUCCE!SOR IN
INTEREST TO LASALLE BANK NA, AS '!RUST!!~, ON B&HALF OF THE HOLDERS OF THE WAMU
- - - J H I - - - - - - - - - - - - . M...•8RTOA0ff~ROUOM-CERTIF1CATES;"SERIES-20tlf•0Ai, 81 CJO SECECrPtfflFOUO"~-WCING,
INC., 3217 S. DECKER LAKE ORI\IE, SALT LP1!E QTY, UT, 84119

for\'b\18l'Ocelwd, 1'11M89ntrdattl/'terebyi,m\ SOI~ ■Nlc,a, tnnel'ori»idcon'Mt, unbh eboW'f'IMled

"'8lilfl&& eD lnf!ll'ol1_under tn1lawtbfn Mcrtgego Dat&et IV.91'2D06, Sri flO wna.ri.lof 51 .~0.000.00. e~lad by
SUSHI E BIJRRAG!i loWM!l!NGTON MUTUAI.BN<I(, FAa><iRea:rdot1lm007, lnahlmMllt
2007010400319. Book /Llber /Rott 26450. Pflge /Image /FOllo: 1S in ESSSX SOUlHERN DISTRICT Cwnly,
StatttofMSGl8Chueotta.

Pn,pe,ty Ad,!ro,,: 13 l'>WI.E COVI! ROAD, ROQ(POR T, MA, 01966

1h11 underd~od, ■ffimt!I aiet b ho bmtofhlah1erknov.led91, f\alno mqege broker ormortaago- loen crf911810r
was lrl\Qv&01111, mon;.ae.
TO 1-fA'JE AND ro"t-101..D, lhe l!&l'l'\8 un!O AlllgnM, Ill w ~ Wld S~I, rm-over, oob)klt D'll)' to 110 IDrme
end <Xll'l~lonsot g,ie ebo\1111~ Mott1J30e.

I'
I

Recording Roqu1atod l!y:

Sl!!Od Portlollo Sorvlclno, Inc.
When recorded return to :
Richmond Monroe Group
82 Jim Llnegor LN
Brmll!ort:Wcat, MO. 65737
SPS ~ l,CJ/<;~q'/03Y SP~
Paeei 2 of 2 / L0111 Roi
B.aNK OF ..WERfCI\ NATIONAL ASSOCIA1JON SUCCESSOR BY MERGER TO LASALLE BANI<, N.A PS
lRUSlEE FOR WAMU MORTGAGE PAS.~!Fl'NROUOH CERTIACA.TES. SERies .2007-0AI TRUST BYSElECT
POR"JFOUO SER\1CING, INC.. liBATTORNEYIN FACT

On:-'~=~);-;~~~~~

Sfatzl of\JTNi
ec.inlyof SALTLl«E
onDEC 13 zm1.ron,..,. ttedln Dachlardl aN01&,yPublOln"1dlorSl'LT
LN(E In lheS1ab cf UTAH. prsrlOn&lly l!Jlllf1Mldia0mii b W~c3r•m•al Central omem: •
BNll< OF IMERJC>. IMTION/i. A9SOCIATION CCESSOR BY MERGER AS"'-LE BIWI<, N.A. AS
lRUSlEE FOR WAMU MORTOAGl:i PASS-lHROUGH CEA.llRCATES, SERIES 2007-0A.1 TRUST ev saecr
PORTFOUOSER\1CIIIO, INC., 1'18 ATlORNEYIN FACT
• pcncna'ly MOM to mo (ot prcwd to me on "&
bt!Sl'i, Qf ao~tackiy O'oidt11CI) to be fie peraoo(o) v.ttose rwna(11)
J,!n 1t.1bocrlbed tofto 'Ydeitr'I lnuummtandec:krlc~ lomo "athal11tta,lh1Y oxncukld fie seme In
tliMIOf/ll_oirDUlloru&d cepadly, and lla.lbyhlMHl'lhc!t ~allre at Ile hmtmenl llo ~I•~ a- he ennyupm
beheHo~'MIChflop )adad,~ll)dthaln1trum~t.
ttfDIN DAClflAROI
Noltl')f l'l.,btlr; sra,. "' U1<:1h
M-, Cornll'llulon bpina on:
Mcmh U.2019
Cisffll'ft. Hurntie, een~,

Docum•nt Prap•rwd b)': Bill Koch, SoJocl PCfttiUo SeMdng. Inc., 3217 S. DECKER LN<E DRI\JE, SM..T LME
CITY, UT, 84119 (800) 268-0002
MAJE98EX SOUTHERN DISTRICT
-· ·-·-.. . . -
-~~~~~~ . . . . _+- ----__. . . . . . . . . . ._
';
 Al<'FIDA VIT PURSUANT TO M.G.I,. Chapter 244
Sections 35B and 35C ·

Property Address: 13 Whale Cove Ro>cl, RockJ,ort, Massnclmsells O/q W:,

Re MMg•gc: Susan E. Burrage to Wushington Mulual Bank, FA, dar<d December l 9, 2006
r-ecorded with the Essex County (Southern Distr~ct) R.egi:;try' of Deeds at Book 26450, Page 15
1
Assigned to: by as.'iignmcnl from JP Morgan Chase Bank, National Association, as purchaser of
loans and other assets of Washington Mu11111I Baok, fotmerly known as Wa'ihinr,ton M\ltua.I I
Bank, FA (tire Savings Bank) from the Federal Deposit Jnsurano,- Corporation, acting as receiver
for the Savings Bnnl and pursuant to i1s authority under the Federal Deposit Insurance Act, 12
U.S.C., section 1821 (cl) to Bank of America, Nation;il Association S'Ucce-.s.sor by ntergcr to
LaSalle Bank, N.A, as trustee for WaMu Mongage Pass-Through Certificates, Series 2007-OA
Tl'llill dated October 25, 2010 and recorded wilh snid registry on January 11,201 I !It Bqok
3015 J Page 491 and by asi;ignment from Bank of America, National Associc.tion s.1.1cccssor by
merger lo LaSalle Bsnk, N.A. as trustee for WaMu Mortgage Pass-Tlrrough Ceitificates, Series
2007-OAl 'frust to US. Bank NA, successor tn1stee to Bank of An1erica, NA, succcsgor in
interest 10 LaS.lk· Bank NA, es tmstee, on behalfof01e holders of the W•Mu .Mortgage Poss-
Through Certificates, Series 2007-OA I dated December IJ, 2017 and recorded wilh said
registry on r·cbruacy 20, 2018 at Book 365:36 Pege 354

Foreclosing .Mortgagee~ U.S. Bank NA, succ:es..'ior trnstee to Bank of America, NA, suc:cessor in
iim..Tcsl to I.aS.'lJle Dank NA, as trustee. on behalf of the holden; oflhe WaMu Morr.gage Pass-
Throug!L Ce1tificates, Series 2007-OAI

Theund"'igned, _ _ _ _ __s_,_N_G_ _ _ _ _ _~ having p<nonal knowledge of the facr,

M_A_ll_TI_N_MM
stated 'Under oath depose:; Hnd says as tblk1Vl--s:

!. Jam• Document Control Officer of Select Po1tfulio Scivicing, Inc. ("SPS'1,

atlorney~in~fact and duly nuthC1rized agC::Jl.t for U.S. Bank NA, successor trustee to Bank of Americn,
NA, i;ucc-cssor in interest to LaSalle Bank NA, as rruttee, on behalf of the holders of the WllMu
Mortgage .P~ss-Thrnugh Cc·,11ificates, Series 2007-OAl, the Fore-closing Morfgagee.

2. ~ n mortgage sen•icor, SPS coUects pa)'DlCUIS ftom borrowers and maiutains up~to-dato
eleclronic records concerning the lonns it services in its electronic re<:ord-keeping system. 1 have
acces.!1 to SPS 1s bui;iness records, including cJ1c business records for and rela1U1g h.1 the suhjccl
loan. I make tins affidavit based upon my rt:!:view of those recl)rds re fating to the Borrowi::r{s)'s
loan an<l'fronl rnyown personal knowledge ofJ10w lhe records are kc:pt and maintained. The loan
lil 17(U-OJ7.1
;)5B ~. C Affld~l·it (Sded l'c,rt(clio
S~:).•Ruimg., . .$t13,'tll
Page: of2
12il6 MA003.J002
 re.cords nre maintained by SPS in the course of ils regularly conducted business activities
made al or near the time of the event~ by or from information transmitted by a pCI3on with
and1•
personal knowledge. It is the regular practice to keep such .records in the ordinor-y course of a
regularly conducted business ;ictivity.

3. To the extent t11at the business records of !he Joan in chis ,natter were l..."realed by a pllor scrvic .,
the prior servicer's records for the loan were integrated and boarded into SPS 's systems, ~m::b (hat
the prior serviccr's reconJs concerning the loan [lte now part ofSPS~s busine.:>-s records. SPS I
maioff.1:fos quality control and verification procedures os part of the boarding process to ensure the
accuracy of the hoar<led records, It is the regular practice of SPS to integrate prior servicers1
records into SPS's business reeords. and to rely upon the accuracy of those boarded record..c; in
I
providing its lonn servicing functions. These prior servicer ~ords are integrated and relied □ ,x,n
by SPS OS"{lart of SPS's business records.

4. Based upon my: review of SPS's business tecorcLc;;, i certify that:

.. The requirements ofM.GL.Chopter 244, Section35B have been complied with .
□ M.G.L. CJ1aptcr 244, Section 35B is not applicable to the above mo,tgage

b. On I.hi:; dale, U.S. Bank NA 1 suc:ce~sor trustee to Bank of AtneriC13, NA, succes8or in
intcrosl to LaSolle Bank NA, a, trustee, on behalf of the holdC!S oflhe WaMu Mortgage Pass-
Through Certificates, Series 2007-0AJ is:
_'J:i(the holder of the Jiro,nissory note secured by the above-refetcnced mortgage.
D tho authorized agent of the holder of the promissory note secured by the obove-
reforenced mcrtgage.

Signed under the pains and penalties ofpe,juzy !his 1-{-fli day of ~<,.\)l'IQ. ,2018. J
~
Name
Title Document Control Officer
Select Po1tfolio Servicing, Inc.
Dato: 0~· 0L{~ ~Ol'o
STATE OF UTAH)
COVNTY OF SALT LAKE )

Subscribed before me on this !:L_ duy of _'1 u ,.} e:: , in the year 2018 by
bi~~-"! i:>4-~l.-lCs:: Peisooally Known. u Document Control Officer _ of Select
Portfolio Servicing~ 1nc,, proved on the basis of satisfactory evidence to be the person whose
name is subscribed to this instrument and wlio swore or alTIIllled lo me that tho content< of the
document are tmthlul and accurnt.c to the best ofh;s/her knowledge and belief. Witness my
hand and official seal.

w --·-
~ \ J ~ ·-~·--·~
Not ry Public
• ..-\.--- A ··-·

Page?. of2
File#: 201703-0022
12/16 MA003.J002i
· Exhibit ''H''
 !
l" I
"lf111mm1111111 m
SO. ESSEX #11:7 Bk: Pg: 545
'39187/2010 10. 4_6 AFn Pg 1/52
. '
AF.FIDAVIT OF LAWFUL O\'VNERSHIP,
CURRENT POSSESSION AND TO CLARIFY TITLE
_UNDER G.L. c. 183, s. SB .

Properly Address: 13 Whale Cove, Rockport,. MA 01966

I, Susan E. Bi.urage, of 13 Whale Cove Road, Rockport, MA 01966, having personal

knowledge of the facts herein stated. under oath depose and say as follows:

1.) My name ls Susan E. Burtage, and I em a record title holder of the property
known as 13 Whale Cove Road, Rockport, MA 01966, as is evidenced by a
Deed recorded in the South Essex County Registry-of
Deeds on October 31, 1997 at Book 14406,Page37.

2.) At all times since, I have owned and have been in possession of the
property known ns 13 Whale Cove Road, Rockport, MA 01966. I continue
-a---+--------~·o-_be.hLpossessi.on.through..the.cummt.date.JUs.ny.prlmacy..residence...I~-- - - : - - : - - - ~ - -
have contested any and all who have attempted lo enler onto my property
without my expres~ consent; and I will continue todo so.

3.)
I make this Affidavit under G.L. c. 183, §SB in furtherance of, 1111d as
supplement to, my previous Affidavit under GL. c. 183, §SB recorded on
--t---------'Marclr1t~2016at·fheSoutlr:SSSOx-County-Regis111ofDeeds·nt·Book:----+-------
3475g, Page 445.

4.) At the time I purchased my home, I obtained a mortgage loan (evidenced by

a promissory note and a mortgage; my "mortgage loan") for which-I
executed a Note in the Amount of $1,500,000.00 to Washington Mutual
Bank, F.A. .· I also executed a mortgage. In both the note and the mortgage
Washington.Mutual Bank, F.A. was named the "Lender'', as is evidenced
by its being recorded in the South Essex County Registiy of Deeds on
January 04, 2007 at Book 26450 Page 15,

5.) There are various claims to the legal title to the premises, including but not
limited to dot-'\1111ents such as mortgages, a p11rportcd•assig!)111ent of
mongage, purported affidavits relating of or to the title, pUipOrted
complaints, judgments, orders of notice, all as may or may not be recorded
on the public land records. ·

6.) Such claims and documents either a.) represent claims that are adverse to
my interests in the title to tbe premises, orb.) are claim(s) that represent the
possibility of adverse claims to my interests in legal title to the premises.

1
 7.) U.S. Bank National N.A., Successor Trustee to Bank of America, N.A.
Successor In Interest to LaSalle Bank N.A. as Trustee on Behalf of The
Holders of The WAMU Mortgage Pass Through Certificates, Series 2007-
0Al ("USBT") claims that it lawfully owns my mortgage loan and has the
legal right to foreclose on my property. Such claim by USBT has no
demonstrable legal suppott and l~ a claim that is adverse to my interests in
the title lo the premises, and/or b.) sre claim(s) that represenl, at minimum,
a possibility of adverse chrlm(s) to my interests in legal title to the
premises.

8.) It is undisputed that on September 25, 2008, Wasb_~gton hfutual Bank

Failed and was seized by the Federal Deposit Insurance Corporation
(''FDIC"), and then entered into a Purchase and Assumption Agreement
("PM") with JPMorgan Chas.e Bank ("JPM") in which JPM acquired
"certain assets" of the Failed Bank through tb.e said PAA.

9.) On October 25, 2010, a docwnent is executed puxporting to be an

"assignment of mortgage". which is evidenced through its recordation at
the South Essex County Registry of Deeds at Book 30151, Page 491. This
a3signment claims that my note a¢ mortgage were part of a ''purchase of
i . - - - - - - - · · · - · · · loans" and "oU!eussets" from Wasliington Mutual B!!!]k. from the FDIC a s ' - - - + - - - - - - -
Receiver. This document also recites that my mortgage and note were \
"assigned" to Bank of America as Trustee Successor In Interest to LaSalle
Bank N.A. as Trustee on Behalf of The Holders of The WAMU Mortgage
Pass Through Certificates, Series 2007-0Al, c/o JPMorgan Chase Bllllk, ·
N.A on October 25, 2010.

10.) The publicly available PAA does not contain any schedule of mortgage
loans in the "schedule of assets", nor does the PAA specifically identify my
Note, mortgage, or Loan, as being one of the "certain assets"thatwere
acquired by JPM from the FDIC through the PAA. {Bxltibit A)

11.) There has been no evidence of any Receiver's Deed from the FDIC
identifying that my Note and/or mortgage were a "held asset'' of the Failed
Baolc at the thne of the September 25, 2008 FDIC s,;izure of Washington
Mutual Bank.

12.) There is clearly no documentary support .for USBT's claim that the
ownership of my Note was ~n owned pro-fonna asset of Washington
Mutual Bank at the time of its September 28, 2008 failure and takeover by

2
 the FDIC that was "acquired by JPM.

13.) USBT's claim that it currently owns my loan supports the fact that it was a
legal impossibility that the ownership of my Note w.as a held pro fonna
asset of Washlngton Mutual Banlc at the time of its September 25, 2008
failme, where USBT claims it acquired the rights to payments made by me
on the Note beginning on Jll!IUlltJI 25, 2007.

14.) The above failures clearly constitute a defea in the chain of title.

15.) Upon information and belief, USBT never held and/or owed the note or
mortgage. It never became the •~nder" nor a "transferee with the right to
rro:ive payments under the terms of the mortgage loan".

16.) USBT is a stranger to' the note and mortgage'

-lll.-l-----------1~:!l;,r-Additionally.and-in-the-alternat!ve,in-eorrespondenee-sent-to-me-by•-----'--------
Hannon Law Offices.P.C., as agent for Select Portfolio Servicing on
behalf of and for the benefit of USBT, I was sent correspondence
definitively stating that my note was "accelerated" on September 21, 2010.
(See Exhibit B)

l
.l,
18.) Pursuant to M.G.L c. 106, see 3-118(a), the statute of limitations for the
lender/.transferee' s right to bring an action to-enforce the note was six (6)
years from the date of acceleration, namely, September 21, 2016.

19.) No action was ever brought to enforce the terms of the note before

I September 21, 2016. The Lender/transferee is thus barred from currently

cnfurciog the note.

20.) Toe maturity date of the Note was accelerated on September 21, 2010, and
the mortgage became obsolete certainly no later than Seplember 21, 2016,
pursuant to the obsolete mortgage statute, M.G.L. c. 260 s. 33. The
obsolete mortgage statute stales in pertinent part: "A power of sale in any
mortgage of real estate shall not be exercised and an entry shall not be .
made nor possession Ween nor proceeding begun for foreclosure of any
such mortgage after the expiration of .•. in the case of a mortgage in which
the term or maturity date of the mortgage is stated, 5 years from the
expiration of the term or from the maturity date . ., "

3
 . .. .•

21.) Upon the expiration of the five (5) years after the advanced maturity dare,
"the mortgage shall be considered discharged for all pmposes wiihout the
necessity of further action hy the _mvner of the equity of redemption ...."
M.G.L c. 260, s. 33.

I
22.) "Where the uote has J,een rendered a nullity, the mortgage ceases to be
enforceable.

j 23.) USBT, and/or any successor(s)-in-interest have now sat on their rights for
more than seven (7) ye,µ-s.
.,l'
'
'lI 24.) On JanUBry 11, 2011, an instrument entitled "Assignment of Mortgage" was ·. '·
I mcorded in the South Essex County Registry of Deeds at Book30151 Page
j
491 wherein JPM [clalmlng authority solely from an "acquisition of certain
I assets'.' frondhe FDIC] was the named assignor wid USBT was earned
assignee.

25.) On or about August 14, 2018, well after the mortgage bad become
Ullenforceable and obsolete, HaonOJ1 Law Offices, P.C., as agent for Select
Portfilio Servicing, Inc., and for the benefit ofUSBT;-wrongfully sent me.a
Notice of Intention to Foreclose under stamte by USBT.
·- --·- . --·-··-·----- ·--·-····~--.. -·-·-----
· . 26.) Upon infonnation and belief, USBT has never held and/or owed the right to
-----◄•-···~-

.. - ......... -,. payments from my note or right to enforce my mortgage. Due to the
-1 '"

described events above, USBT never became the Lender nor a transferee
with the right to receive payments under the terms of the mortgage loan.
I
There is also no evidence that Select Portfolio Servicing, Tnc. ("SPS'') ever
had any agreement and/or i:elationship with any investor of my mortgage to
act as loan servicer and/or as· agent for any entity meeting the
Massachusetts definition of a "mortgagee", as defined by the Massachusetts
Supreme Judicial Conrt in Eaton v. Fed. Nat'l Mortgage Ass'n,. 462 Mass. I
569 (2012).
1-!
!
Tl,) USBT is a stranger to the note and mortgage described in the assignment
recorded UP,on my title at the South Essex County Regislry of Deeds at I
Book 30151, Page 491.

28.) The Notice of Intention to Foreclose and publication thereof is statutorily

void. As is clearly evident, USBT, SelectPortfolio Servicing, Inc, Harmon I
Law Offices, P .C., aud/or Its agent(s), possessed no statutory right to begill
the process of foreclosing on my home based upon; a) the defect. in title; b) I

l'
I
' -
!
 lhe break in the chain of title and the failure to satisfy all SU1tutoey condition
precedents; c) the acceleration of the mortgage loan as of September 21,
2010 (and !he note holder's failure to bring an action to enforce for more
lltan seven (7) year.;); and as otherwise could have been raised and
presented _in any litigation/prooee<lings.

29.) Any current attempt by USBT to foreclose is wrongful. I assert that any
purported foreclosure process conducted in thls matter by USBT, Select
Portfolio Se.rviciog, Inc, Hannon Law Offices; P.C., and/or its agent(s); is
1llllawful and/or legally ineffective and void.

30.) l will not leave my house voluntarily unless and until ordered out by a court
of competent jurisdiction and any purported "entry" onto my property
under G.L. c. 244, sec. 1, er seq., is, has been and will be opposed for all
purpose.~.

Subscribed to and swom under the penalties of perjury this 6th day of September,
2018.

CERTIFICATE OFATIORNEY

I, Glenn F. Russell, Jr., hereby certify that l am an attorney at law wilh a mailing
address of 38 Rock Street, Suite #12, Fall River MA 02720, and that the facts stated
in the foregoing affidavit ate relevant to the title to the premises therein described and
will be of benefit and assistance in clarifying the chain of title thereto •

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BBo f/656914

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