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0145 OAK NECK ROAD
- - 3 do n K III lye A.< i. f -2 0— G62 Application Number........ ...................................................... BUILDING OEP ,, RMNESMAS 11 8�-0 Permit Fed...................,0 .....................Zoning District........................ 1639. MAR 0 2 2020 - C)\NN W t- g r-,bLiz Total Fee Paid.............. .................................................. ..... TOWN OF BARNSTABLE Permit Approval by.....M. ..................On.3.1...x x BUILDING PERMIT aP,i�..................................Parce iD7 M APPLICATION Section 1 — Owner's Information and Project Location Project Address �AK AX—cK gr� Village SCMINIED - Owners Name MAR 17 20211- Owners Legal Address 7 t AY, -J City YA A.)&)1 � State A-04-- zip Owners Cell # E-mail (AckA Section 2 —Use of Structure Use Group ❑ Commercial Structure over 35,000 cubic feet EvIornmercial,Structure under 35,000 cubic feet Single/Two Family Dwellin& Section 3 —Type of Permit ❑ New Construction E] Move/Relocate E] Accessory Structure EJ Change of use El Demo/(entire structure) El Finish Basement El Family/Amnesty D Fire Alarm Rebuild El Deck Apartment . Sprinkler System F-] Addition ❑ Retaining wall E] Solar VRenovation ❑ Pool El Foundation Only Other—Specify Section 4 - Work Description /J!60 &+Y01 Last updated: 1/31/2020 ApplicationNumber.................................................... < Section 5—Detail Cost of Proposed Construction 3 ��( Square Footage of Project Age of Structure Dig Safe Number # Of Bedrooms Existing Total# Of Bedrooms (proposed) 110 MPH Wind Zone Compliance Method ❑ MA Checklist ❑ WFCM Checklist ❑ Design Section 6— Project Specifics t t:� c'` 3 , ❑ Wiring` ' ❑ Oil Tank Storage ❑ Smoke Detectors ❑ Plumbing ❑ Gas ❑ Fire Suppression ❑ Heating System ❑ Masonry Chimney ❑ Add/relocate bedroom Water Supply ❑ Public ❑ Private Sewage Disposal ❑ Municipal ❑ On Site Historic District ❑ Hyannis Historic District ❑ Old Kings Highway Debris Disposal Facility: I am using a crane El Yes ❑ No Section 7— Flood Zone Flood Zone Designation Within or adjacent to a wetland, coastal bank? Yes ❑ No ❑ Section 8 —Zoning Information t Zoning District Proposed Use Lot Area Sq. Ft. Total Frontage Percentage of Lot Coverage #of Dwelling Units (on site) Setbacks Front Yard Required Proposed q P Rear Yard Required Proposed- Side Yard Required Proposed, Has this property had relief from the Zoning Board in the past? ❑ Yes ❑ No Last updated: 1/31/2020 I F� N� The Commonwealth of Massachusetts Department oflndustrialAccidents Office of Invadgadons 600 Washington Street Boston,MA 02111 www.mass gov/dia Workers' Compensation Insurance Affidavit:Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): Address: City/State/Zip: o p MA- 0z ®1 Phone M 27 . 3w —01 Are you an employer?Check the appropriate box: Type of project(required): 1.❑ I am a employer with- 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. ❑New construction 2.El I am a sole proprietor or partner- wed on the attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have g, ❑Demolition working for me in any capacity.acitY• employees and have workers' t 9. El Building addition ' [No workers'comp.insurance comp.insmsnce. required.] 5. ❑.We are a corporation and its 10.❑Electrical repairs or additions 3.[0'I am a homeowner doing all work officers have exercised their I LEI Plumbing repairs or additions myself[No workers'comp. right of exemption per MGL 12.❑Roof repairs insurance 1equired,]t C. 152,§1(4),and we have no employees.[No workers' 13.[1 Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractor;must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. , I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lie.#: Expiration Date: Job Site Address: Cit)Matelzip: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage'as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby c der a pams`and penalties of perjury that the information provided ab a is&me and correct. Signature: Date: Phone#: Official use only. Do not write in this area,to be completed by city or town,official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: `y Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and'including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152,§25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to constrict buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required" Additionally,MGL chapter 152,§25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insuran0e license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)"A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would lilce to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonvrealth of Massachusetts Department of Industrial Accidents Qfce of Investigations 600 Washington Street Boston,MA 02111 - Tel.#617-727-4900 ext 406 or 1-877-MASSAM Revised 4-2407 Fax#617-727-7749 www:mass.gov/dia Application Number........................................... Section 9- Construction Supervisor Name Telephone Number Address City State Zip License Number License Type Expiration Date Contractors Email Cell # 4 I understand my responsibilities under the rules and regulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation required by 780 CMR and the Town of Barnstable.Attach a copy of your license. Signature Date Section 10—Home. Improvement Contractor Name Telephone Number Address City State Zip Registration Number Expiration Date I understand my responsibilities under the rules and regulations for Home Improvement Contractors in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation required by 780 CMR and the Town of Barnstable.Attach a copy of your H.I.C... Signature Date Section 11 —Home Owners License Exemption Home Owners Name: Telephone Number J �-{-3(c,��p(l u Cell or Work Number I understand my responsibilities under the rules and regulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation re ire by 780 CMR and the Town of Barnstable. Signature Date lezlzy APPLICANT SIGNATURE Signature Date z r Print Name ACAk I)E Telephone Number ' �( -(�( �y E-mail permit to: Last updated: 1/31/2020 Section 12 — Department Sign-Offs ,> Health Department ❑ Zoning Board(if required) ❑ Historic District ❑ Site Plan Review(if required) ❑ Fire Department - ❑ Conservation ❑ For commercial work,please take your plans directly to the fire department for approval. Section 13 — Owner's Authorization I, , as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application for: (Address of job) Signature of Owner date Print Name Last updated: 1/31/2020 Anderson, Robin From: Florence, Brian Sent: Wednesday, February 26, 2020 8:30 AM To: Jen Cullum Cc: Anderson, Robin Subject: RE: 145 oak neck a Thank you. We'll have a look. -Brian From: ]en Cullum [mailto:jenlcullum@yahoo com] Sent: Wednesday, February 26, 2020 8:09 AM To: Florence, Brian Subject: 145 oak neck Hi Brian: a neighbor has asked that I check into 145 oak neck road-there seems to have been some construction in the garage over the last couple weeks. Just want to make sure We don't end up with a new bedroom that is uninspected, etc. thanks. Jen Cullum CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe!. { i j March 29,2016 Unannounced site visit per Town of Barnstable BOH 145 Oak Neck Rd,Hyannis RB Single family R. Anderson,Zoning Officer Lt. Cosmo,Hyannis Fire Multiple Police Officers • Reported to the site at 2:00pm on 3-28-16 • Property is a single-family with attached garage situated on the corner of Oak Neck Road & Lantern Lane. • Arrived at site and was soon accompanied by strong police presence. • Knocked on door multiple times. Did not receive an answer. • We were alerted about 10 minutes later that property owner Courtney Campeau nee Haag responded at the front door. She admitted us into the dwelling. • During first visit on February 24, 2016 we did not enter lower two (2)bedrooms due to the fact people were sleeping within them. On 3-28-16 we did enter both bedrooms on first floor. Found one portable heater in one of them. Lt. Cosmo stated portable heater was UL listed and that most of this type of heater will turn off upon tipping. Although, this heater was very close to bed and I advised occupants that it should be moved 1Oft away from any combustibles. She agreed. Second bedroom did not have any type of portable heater within it. These two bedrooms measured approximately 110, and 120 square feet respectively. • Second floor bedroom measured at approximately 150ft squared. Small portable heater observed in this bedroom. Again advised occupant to keep it away from combustibles. • Total allowed occupants under Chapter 59 are 5 adults. Although BOH conditions are that only owner and boyfriend may occupy house after 11:00 pm. Two other occupants (along with Ms. Campeau) at dwelling unit during inspection. Both of these occupants appeared like they had been just woken up at the start of our inspection. • Team did observe Smoke and CO detectors on all floors including basement. Although there are wired locations for hard wirer SD''s and CO's and these are not being used. All operating detectors are battery operated not hard wired. Lt. Cosomo did advise occupants these locations should be used and is looking into if hard wire detectors are required. • Observed small spill of home heating oil within basement. Occupant testified that this was due to service technician looking at system. Spill was less then 5 gallons. Had occupant get cat litter and it was applied to small spill. • Also advised occupant that there is an open hot tub(seems to be not operating)with small amount of standing water. I advised her to drain water and keep covered to avoid more rain water entering tub. • Reminded owner occupant of conditions set forth by BOH at March 8, 2016 meeting. • All parties left dwelling unit. Respectfully Submitted, Timothy B. O'Connell, R.S. Health Inspector r t Town of Barnstable Barnstable . .� ARAMMOCIT SrAB Board of Health •6I9. , P 9� ,0� �F039IA 200 Main Street,Hyannis MA 02601 2007 Office: 508-8624644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Jun ichi Sawayanagi Certified Mail # 7012 1010 0000 2848 2152 April 1,2016 Ms.Courtney Campeau 145 Oak Neck Road ' Hyannis,MA 02601 FINDING THAT YOUR DWELLING IS UNFIT FOR HUMAN HABITATION; NOTICE OF CONDEMNATION AND ORDER TO VACATE THE PROPERTY Note: This is an important legal document. It may affect your rights. On March 8,2016 and again March 30,2016,the Town of Barnstable Board of Health held public hearings regarding serious violations of 105 CMR 410.000,State Sanitary Code,Minimum Standards of Fitness for Human Habitation observed at the property owned by you located at 145 Oak Neck Road, Hyannis. Attorney Robert Bianchi, Esq.,was present at both hearings representing you,his client Ms. Courtney Campeau,owner of the dwelling.You,Ms. Courtney Campeau were also present during both hearings. In accordance with M.G.L.c.I 11,sec. 127A and 127B, 105 CMR 400.000: State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code,Chapter II: Minimum Standards of Fitness for Human Habitation,Timothy O'Connell, R.S.,Health Inspector for the Town of Barnstable,on February 24,2016 and again on March 28,2016 conducted inspections of a property located at 145 Oak Neck Road, Hyannis, MA. During both inspections,the following violations of 105 CMR 410.00 were observed: 410.190: Failure to provide hot water; hot water system inoperable. 410.200: Failure to provide heat; heating system inoperable. These violations remain uncorrected as of this date. ,These conditions are also violations of Section 410. 750 which are conditions deemed to endanger or impair the health or safety of the occupants and must be corrected within twenty-four(24)hours. Q:1Order lenerslCondemnations1145 Oak Neck Road Condemnation and Vacate Decision.docx t You were originally ordered to eorrectthese violations within twenty four(24)hours ofyour receipt o f this notice. Within ten:days,'you requested.a..hearing;which was field on`March.8,2016: During the:: hearing field on'March.8,2016,due to the use of portable heaters,the owner agreed to enIspre thatttiere will be no visitors at this dwelling,except for family members. Also,due to the use of portable_lieatees,it was agreed visitor;shall not stay at this dwelling beyond I 1 00 p.m. do"addition,there stint!be no visitors shall stay or sleep within this dwelling overnight. The Board:of Health voted.unanimously to institute. these agreements as part of the conditions imposed for granting an extension of time to rectify the violations. A copy of the Board of H61th decision letter from the March &,2016 hearing is attached: However,according to the Police Department wia email dated March 14,2016;visitors were at this dwelling at approximately 11;00 p m::on March 12,20l 6. Po.lice officers discovered loud music. emanating from the home and observed two persons inside that did not resideahere;they were.not'fam ly members of the people residing.there. The two people were.identiBed as Ronald.t.i6pkins and Aiigela; Visceglio. Then on March 28;2016,a:female:visitor.(non-:faniilyn ember),admitted to-a,police officer' that she stayed in this dwelling:;overnigl t:: During the.public hearing held on,March 3.0 ?01,6,tl e.Barnstable Board of Health.voted:unan'iinously the;. following: o Due to the findings that there is no hot-water nor heat provided caused by an inoperable heating- system, several portable heaters were being used inside this,dwell`ing,and non-family inernbeis' were visiting or'.staying at this dwe.11ing,in non-compliance with the agreed upon,conditions,the Barnstable Board of I-lcalth hereby determines that this dwelling is unfit for human habitation: Pursuant to Iv1.G L c.1278 and 105=CM.R 4 l,U3l'(D),the Board of Health determines that the conditions within the dwelling arc such that the.potential,danger to the life or health of the, occupants of the subject dwelling is such tliat a deadline of April; 1:2,201.6 is established as the last day for any.A f on(s)too ccupy-Whi .dwelluig This order to vacate wasdelayed until:Apri1 12th In:order to provide the occupants)time to.find alternate housing. .The Director o.f Public Health provided your attorney,Robert-Bianchi-with the contact information for the.Housing Assistance Corp and tild.Barnstable,Housing Authority in order to foci lifate that search; This dwelling is.condemned and aft occupants shall vacate this dwelling on or bef6re Tuesday April. 1212016. PER ORDER OF E BOARD OF']iI,ALT.H All, Gtiauina� ._ , BOARD OF HEALTH " TOWN OF BARNSTABLE Cc Thon.las Perry, Building Comrt issioner,Town:ofBarnstable Ruth:WeiI,:To*; Attorney,Town of Baenstabi:e Qaoider ktterslCondemj a, i6 slt45 Oak,Ncck Roitd Condemnation and Vacate Decision:iidcN. Message Page 1 of 3 Anderson, Robin From: Gallant, Therese Sent: Monday, August 22, 2016 2:10 PM To: Scali, Richard; Sonnabend, Mathew Cc: Anderson, Robin Subject: RE: 145 oak neck FYI, I spoke with Robert Haag last week. He was advised (as Courtney is no longer there) that the MV and boat were to be removed/shrink wrapped within seven days. He told me that the boat would be wrapped and the car would be put in the garage (he has until 8/25 to accomplish that). He is allowing Jake Raymond to"stay"there for a period of time, there is no rental agreement. He also confirmed that the house has been taken off the market and will.be going into foreclosure. TG -----Original Message----- From: Anderson, Robin Sent: Monday, August 22, 2016 1:45 PM To: Scali, Richard Cc: Roma, Paul;Gallant,Therese; McKean,Thomas; Stanton, David Subject: RE: 145 oak neck Richard, I I was under the impression that there is no rental agreement for this property.Rather,it was explained to me that owner's rep was allowing someone to stay there like a guest or care-keeper-no financial arrangement in exchange for staying there. If that is the case,the rental registration requirement is not applicable. That has been the defining nuance in determining if a registration is required. Maybe someone can clarify the status of the current occupant. To my knowledge all smokes were operable earlier this summer when we were last admitted to the property (less than 6 months ago). Under normal conditions a re-inspection(especially for for smokes)would not occur unless there"was a unit failure at that time or we received a new rental registration. ov,96k Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 026oi 5o8-862-4027 -----Original Message----- From: Scali, Richard Sent: Monday, August 22, 2016 1:22 PM To: Roma, Paul; Anderson, Robin; McKean,Thomas;Stanton, David Subject: FW: 145 oak neck , Can you update me today on this.site? Did you get ahold of the Father?. Richard 8/22/2016 Message . Page 2 of 3 From: Jen Cullum [mailto:jenicullum@yahoo.com] Sent: Thursday, August 18, 2016 1:28 PM To: Sonnabend, Mathew Cc: Scali, Richard Subject: Re: 145 oak neck Excellent. I want to make sure all regulations are observed and.adhered to. Our neighborhood has had enough. Thank you, Jen Cullum On Aug 18, 2016, at 1:24 PM, Sonnabend, Matthew<sonnabendm(a barnstablepolice.com> wrote: Councilor, To the best of my recollection the smoke detectors were working the last time we went there for an inspection, but we would be more than willing to accompany any inspectional services to the site for a re-visit. I have included Mr.Scali in this chain for , his attention as well. f Matthew Sonanbend From: )en Cullum [mailto:jenicullum@yahoo.com] Sent: Thursday, August 18, 2016 1:01 PM To: Sonnabend, Matthew Cc: TOWN Ells, Mark; Gallant,Therese Subject: Re: 145 oak neck I would like to ensure that all smoke detectors work in the house if he is renting it out- and that it is a registered rental- that all fees are paid up to date. Thank you, Jen Cullum On Aug 18, 2016, at 12:54 PM, Sonnabend, Matthew <sonnabendmkbarnstablepolice.com>wrote: Mr Ells, I have looked at our recent actions at 145 Oak Neck. On 8/15 we were out there for some potential trespassers, but no arrests were made.The officer involved has been off so I am waiting for him to return and I can speak with him directly about what happened. We are doing increased checks of the area and we are aware of the Jake Raymond that has been arrested there in the past. Unfortunately, our power to move people— out of private property is limited unless it is properly posted, or the property owner/caretaker requests us to do so. If the property owner/caretaker approves of someone being there (even if they have 8/22/2016 Message Page 3 of 3 been arrested there before),then we do not have the ability to remove them. As far as the boat and vehicle on the property, Ptl Gallant had notified the property owner of the ordinance and violation; however,the property owner has since left the area and it is unknown where she is. We will be contacting her father(Robert Haag) and moving forward on those items. Matthew Sonnabend Deputy Chief From: Ells, Mark [mailto:Mark.Ells@town.barnstable.ma.usl Sent: Thursday, August 18, 2016 7:11 AM To: Scali, Richard; Sonnabend, Matthew Cc: TOWN Weil, Ruth; Chief Subject: Fwd: 145 oak neck Please investigmata and take appropriate action. Thank you Sent from my Verizon Wireless 4G LTE sinartphone -------- Original message -------- From: Jen Cullum<ienlcullum(a,yahoo.com> Date: 08/17/2016 10:07 PM (GMT-05:00) To: Mark.Ellsgtown.barnstable.ma.us, Chief Paul MacDonald <chief 2barnstablepolice.com> Subject: 145 oak neck Confidentiality Notice This email message,including any attachments,is for the sole use of the intended recipient(s)and may contain confidential, proprietary,'legally privileged and/or CORI information.Any unauthorized review,use,disclosure or distribution is prohibited. If you are not the intended recipient or have received this email in error,immediately contact the sender by reply e-mail and destroy all copies of the original message.This email message may be monitored by the Barnstable Police Department. Confidentiality Notice i This email message,,including any attachments,is for the sole use of the intended recipient(s)and may contain confidential,proprietary, legally privileged and/or CORI information.Any unauthorized review, use,disclosure or distribution is prohibited. If you are not the intended recipient or have received this email in error,immediately contact the sender by reply e-mail and destroy all copies of the original message.This email message may be monitored by the Barnstable Police Department. 8/22/2016 Bk 29444 Pg124 #6416 02-10-2016 @ 12:18p 3..tt4MI) FSI }' ';�L) COE NIONWEALTYa1O JAIN A G a LANND Ct3C` IT C10411 0' 16 x....... 16 SM 000369 EBB Courtney E. Campeau a%k,a Courtney Campeau and to all persons entitled to the benefit of the Sdrvicernernbers Civil Re fief Act.;50 U.S.C. App. 501 (et seq).. Citizens Bank.N.A. f'k%a RB Citizerzs,N.A. claiming to have an interest its a` o rtl tt€�T�covering real property fir=.Hyannis,numbered I4 ► Oak Neck.Road,given by Vieth D. Carripea6ty INfortgage l::lec(ronic Rvgistiai=:o.n Systems,Inc, as nornin e for Citizens.Mortgage Corporation, dated.Tune 17, 2004. recorded in Barnstable County Registry of Deeds in Book 13745,Page 143,and now held by the plaintiff by assignment, ;ta,Oia.ve tiled with this court a complaint for deterwination of I)efend3nt'srZ)ef�,ndants' Servicemenibers status. If you now are,or recently have been;'an the active military service of'the United States of America.then you may be entitled to the benefits of the Servic:emembers Civil Relief Act. If you obii-ect to a foreclosure of the above-mentioned property can that basis,then you or your attorney n.1utit file a written appearmice and an)-�-Yer it)this count at Three Pemberton Square,Boston, MA 02108.on or be-fbrc, or You.will be forever barred from claiming that,you are entitled to the benefits of said Act. j `v�iiness J )I:}l"I'Ii C:' Cl1I'I,1 R,Cluc:f J?.isticz of said.E"ourt of=. :, Attest: ............ ........................................................ ........ .. .. Deborah J. Patterson Recorder z JOHN F. MEADE, REGISTER BARNSTABLE °COUNTY REGISTRY OF DEEDS: RECEIVED & RECORDED ELECTRONICALLY NOT FOR PUBLIC VIEW Ma r. 2. 2016 8: 1 OAM No. 1125 P. 1 'own of Ba table Police Dena ant Paul B, MacDonald,Chief of Police Main Number. 508-775-0387 Sean E.Balco Deputy Chief of Police 2601 Main Fax: 508-790-4161 m' p ty Matthew K Sonnabend,Deputy Chief of Police Administration: 508-775-0920 Admin.Fax: 508-790-6317 www,barn stab l ep o l ice.com FAX COVER SHEET From: Date: a Fax: , 50 1 q0 (a)3(� Number of Pages including this cover: 15 NOTE/MESSAGE: �- alls 4� v��ve'w4-� C (M � This fax is intended only for the use of the individual or entity to which It is addressed,and may contain information,which,is privileged,confidential and exempt from disclosure under applicable law.If the reader of this message is not responsible for delivering the message to the intended recipient,you are hereby notified that any copying,dissemination or distribution of this communication Is strictly prohibited..If you have received this communication in error,please notify us by telephone and return the original.to us at the above address via . the U.S. Postal Service. Serving the Villages of Barnstable, Centerville, Coluil, Hyannis, Marston Mills, Osterville, w7d West Bamstable- ' Ma r. 2. 2016 8: 1 OAM No. 1125 P. 2 Barnstable-Police Department ..- Page: 1 Call Number Printed: 02/29/2016 For Date: 02/24/2016 - Wednesday Call Niwbar Tima Call Reason Action Priority Duplicate 16-7998 0648 Phone - DISTURBANCE REPORT TAKEN 1 Call Taker: 152 - PTL. JOHN F CORBETT Call Closed By: 806,- DISP. ROSS LLOYD 02/24/2016 0708 Call Modified By: 806 - DISP. ROSS LLOYD Location/Address: [HYA] 145 OAK NECK RD Party Entered By: 02/24/2016 0650 152 - PTL. JOHN F CORBETT Calling Party: CULLUX-JENNIFER @ 148 OAK NECK RD - HYANNIS, MA 02601� - - Race: W Sex: F Party Entered By: 02/24/2016 0701 284 - PTL. NATHAN R ST.ONGE Involved Party: CAMPEAU, COURTNEY E @ 145 OAK NECK RD - HYANNIS, MA 02601 Race,. W Sex: F 'Party Entered By: 02/24/2016 0702 284 - PTL. NATHAN R ST.ONGE Modified By: 02/28/2016 0747 242 - Y.T. MARK J CABRAL Involved Party: MURPHY, MA.TTHEW D @ 20 COBB AVE - YARMOUTHPORT, MA 02675 Race: W Sex: M Unit: 231 PTL. NATHAN R ST.ONGE Di,ap-06:50:57 Arvd-06:51:48 Clyd-07:08:15 Arrived By: 806 DISP. ROSS LLOYD Cleared By: 806 - DISP. ROSS LLOYD Unit: 223 PTL. STEVEN J MAHER Disp-06:51:03 Arvd-06:55:27 Clyd--07:08:12 Arrived By: 806 - DISP. ROSS` LLOYD cleaxed ay: 806 - DISF. ROSS LLOYD Unit: 210 SGT. JOHN M ALEXANDER Disp-06:52:24 Enrt-06:52:25 Arvd-06:56:46 Clyd-07:01:46 Dispatched By: 187 - SGT. JOHN M ALEXANDER Enroute By: SGT. JOHN M ALEXANDER Arrived By: 187 - SGT. JOHN M ALEXANDER Cleared By: 187 SGT. JOHN M ALEXANDER Vehicle Entered By: •02/24/2016 0703 284 - PTL. NATHAN R ST.ONGE Vehicle: BLU 2010 HOND SE ACCORD CP2F4A Reg: PC MA 312ZZ9 VIN: 1HGCP2F45AA015654 Owner: CHRTSTIZ, SUSAN M @ 800 BEARSE'S WAY Apt. #5EG - HYANNIS, MA 02601-0000 Narrative: 02/24/2016 0650 PTL. 70UN r CORBETT subjects from 145 oak neck rd on front lawn screaming at each other Narrative: 02/24/2016 0706 PTL. NATHAN R ST.ONGE Parties had gone inside prior, to arrival when spoke to both parties they stated they were having a discussion over the use of a cell phone and a ride to work. They stated they saw the neighbor look outside and then went back inside to finish conversation. But stated they were being loud on the front lawn. Refer To Incident: 16-351-OF Ma r. 2. 2016 8: 1 OAM No. 1125 P.. 3 _ . . . . Barnstable Police Department _ Page: 1 Incident Report 02/29/2016 Incident #: 16-351-030 Call #: 16-7998 5 Date/Time Reported: 02 24/201.6 0646 Report Date/Time: 02/27/2016 0217 Status: No Crime Involved Reporting Officet: PTA.. NATHAN ST.ONGE Approving Officer: SGT. THOMAS BIRD Signature; Signature: 1 CAbIPEAU, COURTNEY E jr N 39 145 OAK NECK RD HYANNIS MA 02601 Military Active Duty: N BEIGHT: 508 WEIGHT. 135 HAIR: BLAND OR STRAWBERRY EYES: BLUE BODY: SKINNY COMPLEXION; MEDICYM ETHNICITY: NOT HISPANIC [APPEARANCE] GLASSES WORM: NO TATTOOS: OTA(BACK TATTOO/SUN AND FLOWE) ALIAS LAST_ NAME FIRST NAME MIDDLE NAbX [FAMILY/EMPLOYMENT INFORMATION] MARITAL STATOS: SINGLE FATHER'S NAME: HAAG, ROBERT MOTHER'S NAME: HAAG, KATHLEEN EMPLOYER/SCHOOL.: STEAMERS OCCUPATION, UNEMPLOYED 2 MURPIHY, MATTHEW D M W 34 r20 COBB AVE YARMOUTHPORT MA 02675 Military Active Duty; N BODY: NOT AVAIL.,. COMPLEXION: NOT AVAIL. ETHNICITY: NOT HISPANIC Ma r, 2. 2016 8; 1 OA'M No, 1125 P. 4 _ Barnstable Police Department Page_ 2 • Incident Report 02/29/2016 ,J Incident #: ' 16-351-OF Call #: 16-7998 INVOLVED PHONE [CONTACT INFORMATION] Home phone (Primacy) 508-933-1337 [APPEARANCE] TATTOOS: LOCATION TYPE: Residence/Home/Apt./Condo Zone: HXA1, - 145 OAK NECK RD HYAMIS MA 02601 DISTURBANCE F Ma r. 2. 2016 8: 11 AM No. 1125 P. 5 Barnstable Police Department Page: 1 NARRATIVE FOR kTL. NATHAN R ST.ONGE Ref: 16-351-OF Entered: 02/27/2016 @ 0221 Entry ID: 284 Modified: 02/27/2016 0 0227 Modified ID: 28d Approved: 02/27/2016 @ 0316 Approval ID: 188 On February 24, 2016 I was on uniformed patrol in Hyannis in marked police cruiser 231. At approximately 0643 I was dispatched to 145 Oak Neck Rd for a report of parties on the front lawn causing a disturbance. It should be noted that 145 Oak Neck is a frequent address for this type this of call Upon, arrival it was all quiet outside but I observed two individuals looking out the window. I knocked on the door and spoke with Courtney Campeau and Matthew Murphy. aoth parties stated they were outside on the lawn earlier and were being loud while having a conversation about a cell phone and a ride to woxk- CAMPEAU stated that MURPHY was using her cell phone and she wanted it back. 'There was no argument and both parties insisted that it was simply a loud conversation and they went inside the residence when they saw the neighbors looking out the window. r Mar. 2. 2016 8: 11AM No, 1125 P. 6 Barnstable Police- Department page: 1 Call Number Printed: 02/29/2016 For Data: 02/14/2016 Sunday Call Number Time Call ]Reason Action Priomity Duplicate 16-6612 0654 Phone - SUSPICIOUS, PERSON APLUST MADE 2 Call Taker: 152 - PTL. JOHN F CORBETT Call Closed By: 246 - RTL. 3TEVEN BARRETTE• 02/14/2016 0806 Call Modified By: 246 - PTL. STEVEN BARRETTE Location/Address: [HY'A] 145 OAK NECK RD Party Entered By: 02/14/2016 0658 152 - PTL. JOHN F CORBETT Calling Party: CULLUM, JENNIFER @ 148 OM NECK Rb - HYANNIS, MA 0260 Race: W Sex: F Unit: 225 PTL. KURT LARIVIERE Disp-06:58:24 Arvd-06:58:37 C1rd-08:06:10 Cleared By: 246 - PTL. STEV'EN BARRETTE Unit: 231 PTL. MAXWELL S MOR1tOW _ Disp-06:56:33 Arvd-07:01:16 Clyd-07:11:03 Arrived By: 288 PTL. MAXWELL S MORROW Cleared By: 227 - PTL. NELSON J sobVE Narrative: 02/14/2016 0658 PTL, dOHN V COMTT rp states b/f was at # 145 Oak Neck rd she tried to re enter_ . and was kicked out by residents she is now walking towards sea st dressed in all black Refer To P/C: 16-313-AR P/C: MOUTON, ALEXIS NICOLE Address: HOMELESS HOMELESS, MA DOB. Charges: y • 4 Ma r, 2. 2016 8: 11 AM No, 1125 P. 7 Barnstable Police Department Page: 1 Protective Custody Report 02/29/2016 i Arrest #: 16-313-AR ' Call bate Time Reported: 02/14/2016 @ 0654 Arrest Date/Time: 02/14/2016 @ 0715 Booking Date/Time: 02/14/2016 @ 0727 Arrest Type: On View Arrest OBTN: TBAR201600313 Court: BARNSTABLE DISTRICT COURT Court Date: 03/24/2016 @ 0900 Reporting Officer: PTL. KURT LARIVIERE Assisting Officer; PTL. MAXWELL MORROW Booking Officer: LT. MARK CABRAL Approving Officer: SGT. THOMAS BIRD •_, Signature: Signature: 1 MOUTON, ALEXIS NICOLE F W. 21 HOMELESS HOMELESS MA Military Active Duty: N ' HEIGHT: 504 WEIGHT: 170 HAIR: BROWN EYES:' BROWN BODY: HEAVY COMPLEXION: NOT AVAIL. PLACE OF BIRTH: BAY TOWN, TX LICENSE ER: MA S56915613 ETHNICITY: NOT HISPANIC [CONTACT INFORMATION] Home Phone (Primary) [APPEARANCE] SHIRT: PULLOVER ^ LONG SLEEVE SHOE: BOOTS - UNSPECIFIED GLA5SE3 WORM. NO_ TATTOOS: TAT R THGH(HEART) ALIAS LAST NAME FIRST NAME MIDDLE NAME 8SN DOS MOUTON ALEXIS N NOT AVAIL 08/O1/1994 [FAMILY/EMPLOYMENT INFORMATION] MARITAL STATUS: SINGLE FATHER'S NAME: MOUTON, BOBBY MOTHER'S NAME: MONTOYA, ANGELICA EMPLOYER/SCHOOY,: VIPAA RESTAURANT HARWICH ILIA OCCUPATION: SERVER Mar. 2. 2016 8. 11AM -No. 1125 P. 8 Barnstable Police Department Page: 3 Pxotective Custody Report 02/29/2016 Arrest # 16--313-AR Call #: 16-6612 - SEX RACE AGE PHONE, 1 F W 37 1 2 - 3 r 13 Friend H . (Primary) .o o . •N(S) PERSON TYPE S EX RACE AGE PHON 1 BREEN, WITNESS ,.. F W 28 r merry) OTHER PROPERTISS •- 1 LAME Destroyed/Damaged/Vandalized QUANTITY: 1 VALUE:_ MAO SERIAL #: NOT AVAIL DATE: 02/15/2016 OWNER: 2 LAMP Destroyed/Damaged/Vandalized QUANTITY: 1 VALUE: $50.'00 SERIAL 4: NOT AVAIL DATE: 02/15/ t OWNER: 3 CBAZR Destroyed/Damaged/Vandalized QUANTITY: 1 'VAT,UE:,'$90,.00' SERIAL 4: NOT AVAIL DATE: 02/15/2016 OWNER; - • Ma r. 2. 2016 8: 11 AM No. 1125 P. 9 Barnstable .Police Department Page; 1 NARRATIVE FOR PTL. KURT LARIVIERE Ref: 16--313-AR Entered: 02/15/2016 @ 0135 . Entry ID: 191 Modified: 02/15/2016 @ 0243 Modified ID; 191 Approved: 02/15/2016 @ 0556 Approval ID: 180 On 2/14/16 at.approximately 0655 hrs Ptl Morrow and I were dispatched to 1.45 Oak Neck Rd in regard to an assault that had just occurred. Dispatch advised that the female suspect had fled on foot towards Main St. She was described as a black female with dark long hair. While enroute to the residence I checked Oak Neck Rd.from Main/Sea St for the suspect with negative results. Upon arrival I was met at the front door by the victim She was visibly upset and asked if I had located the suspect I advised that I had not andWted that she (MOUTON) and adjust woken up ent crazy. She started screaming at rnocking furniture over, broke lamps, then punched her in the face and choked her. had an abrasion on her left cheek and her eye was purple and swollen. At this time MOUTON appeared from a side street. pointed at her and stated "THATS.HER! SHE HIT ME." MOUTON walked towards me in a very unsteady gate. She nearly fell on more than one occasion as she crossed the front yard. I asked her what had happened and she mumbled something. She then stated she didn't do anything wrong and the police had no reason,to be there. While having conversation with MOUTON I detected a very strong odor of alcohol on her breath, her speech was thick and slurred, and she was very unsteady on her feet. At this time she was placed in to protective custody. She was hand cuffed to the rear (DL)by Ptl Morrow and placed in the rear seat of my cruiser. I then went inside 145 Oak Neck Rd to speak further with I observed the living room to be in disarray. The dining room table and chairs were knocked over, papers were everywhere, and two lamps were smashed on the floor. �stated that MOUTON had been responsible for the damage. She had been drinking and when she woke up she went crazy. She damaged the furniture and attacked I offered medical attention to but she refused. Witness �BREEN was also in the residence. She stated that she was awake and present during MOUTONS outburst. She stated MOUTON went crazy and attacked BREEN called 911 at this time. was able to free herself and MOUTON e e rest ence. Both.�and BREEN stated the attack was unprovoked. The scene as well as jury were photographed and attached to the report. Mar, 2. 2016 8: 11AM No. 1125 P. 10 Barnstable Police Department Page: 2 NARRATM rOR PTL. MMT LAR=ERE Ref: 16-313-AR Entered: 02/15/2016 @ 0135 Entry ID: 191 Modified: 02/15/2016 @ 0243 Modified' ID: 191 Approved: 02/15/2016 @ 0556 Approval ID: 188 MOUTON was advised she was under arrest for the following: Ch 265 see 15d STRANGULATION Ch 266 see, 126a INJURY TO READPERSONAL PROPERTY Ch 265 see 13a A&B N Ma r, 2. 2016 8 11 AM No. 1125 P. 11 Barnstable -Police Department - • Page: 1 Call Number Pr,imted: 02/29/2016 ror I)ate: 02/28/2016 - Sunday Call Number Time Call Reason Action Priority Duplicate 16-865B 0623 911 DOMESTIC, UNWANTED ,ARREST MADE 1 Call Taker: 202 - PTL. JAMES MELIA Location/Address: GHYrA] 145 OAK NECK RD Party Entered By: 02/28/2016 0625 202 - PTL. .TAMES ME= Calling Party: DORCEY, MN @ ***UNKNOWN***. - HYANNIS, MA 02601 Unit: 223 PTL. BRIAN P JENKINS Disp-06:25:.36 Arvd-06:25:43 Clyd-07:34:31- unit: 232 PTL. BRUCE E MARNEY Disp-06:25:38 Arvd-06:25:46 Clyd--07:34:25 Unit: 227 PTL. NATHAN R ST.ONGE Arvd-06:26:25 Clyd-06:42:29 - Dispatched By: 264 - PTL. NATHAN R ST:ONCE Arrived By: 264 - PTL. NATHAN R ST.ONGE Cleared By: 284 - PTL. NATHAN R ST.ONGE Unit: 225 PTL. KURT LARIVIERE Arvd-06:28.09 Clyd-07:03:55, Dispatched By: 191 - PTL. KURT LARIV'IERE Arrived By: 191 - PTL. .KURT LARIVTERE Cleared By: ' 191 - PTL. KURT LARIVIERE Narrative: 02/28/2016 0625 PTL. JAMES MELIA . rp called reporting she received a call from courtney hauge reporting having a problem with matthew murphy , Refer To P/C: 16-441-ALi P/C: MURPHY, - Address: 145 OAK NECK RD HYANNIS, MA " DOB: Charges: INJURY TO RE OR PERSONAL PROPERTY PROTECTIVE CUSTODY WARRANT,DEFAULT - WR5195175TC ' Mar. 2. 2016 8: 11AM No. 1125_P. 12 Barnstable Police Department Page: 1. Protective Custody Report 02/29/2016 Arrest #: 16,441-AR Call #: 16-8658 Date/Time Reported! 02/28/2016 @ 0623 Arrest Date/Time; 02/28/2016 @ 0633 Booking bate/Time: 02/28/2016 @ 0703 Involves: Domestic Violence Arrest Type: On View Arrest OBTN: TBAR201600441 Reporting Officer; PTL. BRIAN JENKINS Assisting Officer: PTL. BRUCE MA'RNEY 1 Booking Officer: SGT. JASON LABER Approving Officer; SGT, JOHN SWEENEY Signature: Signature: 1 bEWHY, M A 34 145 OAK NECK AD HYANNIS MA 02601 Military Active Duty: N HEIGHT: 510 - 511 WEIGHT: 160 - 180 HAIR: BROWN EXE9: HMEL BODY: NOT AVAIL. COMPLEXION: NOT AVAIL. PLACL Ok BIRTH: QUNICY, MA LICENSE NUMBER: ETHNICITY; NOT HISPANIC [CONTACT INFORMATION] Home Phone (Primary) [APPEARANCE] GLASSES WORN: NO TATTOOS: TAT R SHLD(AMERICAN FLAG W SHAMROCK), TAT LF ARM(TRIBAL) [FAMILY/EMPLOYMENT INFORMATION] MARITAL STATUS: SINGLE FATHER'S NAME: MURPHY, EDWARD ' MOTHER'S NAME: DELANEY, JUDITH EMPLOYER/SCHOOL: MURPHY'S HVAC MILTON MA OCCUPATION" HVAC Mar° 22 2016 8: 11AM No. 1125_P° 13 Barnstable Police Department Page: 2 Protective Custody Report 02/29/2016 Arrest #: 16-441-AR Call #: 16-8658 PHONE [RIG9TS/8OOK2N9 CHECKS] RIGHTS ADVISED BY: PTL. EUGENE M DESRUISSEAUX DATE/TIME: 02/28/2016 @ 0704 PHONE USED: Y PHONED DATE/TIME: 02/28/2016 & 0715 ARRESTEE SECURED: Y 02/29/2016 0720 ARRESTEE' CELL #: 7 FINGERPRINTED: N PHOTOGRAPHED: Y SUICIDE CHECK: Performed PERSONS: State&Federal NCIC VEHICLE CHECK: Not Performed INJURY OR ILLNESS: Y .. CUT ON RIGHT KNUCKLE 2MIMPTED TYPE LOCATION TYPE:. Residence/Home/Apt./Condo Zone: RYA1 145 OAK NECK RD HYANNIS MA 02601 1 INJURY TO RM OR PERSONAL PROPERTY N Felony 507A 266 126A OCCURRED: 02/28/2016 0623•' 2 PROTECTIVE CUSTODY N Not Applicable 997 NA NA OCCURRED: 02/28/2016 0623 , 3 WARRAN'T',DEVAVLT - WR51951757C N Not Applicable 1 NA NA OCCURRED- 02/20/2016, 0623 1 F W 30 NOT AVAIL Boy/Girl Friend OTHER PROPERTIES PROPERTY STATUS 1 HOLE IN WALL Destroyed/Damaged/Vandalized QUANTITY: 1 VALUE: $300.00 SERIAL #: NOT AVAIL DATE: 02121/2116 Ma r. 2. 2016 . 8: 11 AM No. 1125 P. 14 Barnstable Police Department Page: 1 NARRATIVE FOR PTL. RRIAN P JENKIN$ Ref: 16-441-AR Entered: 02/28/2016 @ 0759 Entry ID: 2.91 Modifiedi 02/28/2016 0 0840 Modified ID: 291 Approved: 02/28/2016 @ 1416 Approval ID: 115 On 02/29/2016 I was on uniformed patrol in marked cruiser E-223 on the midnight shift.At approximately 0623 I was dispatched to 145 Oak Neck Road for an unwanted party latex identified as Murphy.Ptl.Mamey and I arrived at the residence at the same dine. When we arrived at the residence we were met by a female known to me as was visibly upset and had a black,eye that looked as though it were from a few days ago: was crying and yelling "Matt,the police are here now,its time to leave".After there was no response to she tined to me and stated"He just wont get out:'. At this time I asked •where he was located and she pointed to upstairs.I was able to look around the house as I was headed upstairs and made note that the house was in absolutely deplorable conditions, I noticed that there was a pile of burnt wood in the fire place and space heaters plugged in in various places in the house. There was also blood on the floor and a hole in the wall. When I reached the top of the stairs I found Mr. Murphy lying on a bed.I also noticed a comer cut baggy with white powder on a table next to a spoon with a small cotton ball.All around the room there were needles(capped and uncapped),and next to the coffee table there was small waste basket filled with used needles. .I asked Mr.Murphy to stand up and place his hands on his head so that I could search him for my safety, Before searching Mr.Murphy I asked him if there was anything on him that was sharp or may be dangerous to me.Mr. Murphy mentioned that his hand was bleeding heavily,but stated that he had nothing on him.After giving Mr. Murphy a quick search I noticed a hard cylindrical object in his left pocket. From training and experience I recognized the feeling of the object as something that is consistent with the feeling of a hypodermic needle. After turning Mr.Mmphy's pocket inside out I found 3 hypodermic needles and a pipe used to smoke crack cocaine. After the search of Mr.Murphy was complete I asked him what happened and he stated"Nothing, she wants me to leave,and this is my house so I'm not".At this time I told Mr.Murphy that he was not yet under arrest,but that I was placing him in handcuffs for pay safety.Mr.Murphy understood my request and allowed me to handcuff him to the'rear.'At this time I asked Ptl.Mamey to watch Mr, Murphy while I spoke to When I returned downstairs I as 4�lw a ened. explained that Mr. Murphy had started drinking last night and they began argunig."M went on to explain that she called the police after Mr, Murphy punch a hole in her wall.As she stated this she pointed to the hole that I had noticed earlier.I also noticed that there was fresh blood dro lets on the floor and that Mr.Murphy was the only person in the house at this time who was bleeding.I asked hat they were fighting about and she replied"I dont know, some bullshit,he was drinking and we just started ar ".I then askedWe if the argument had ever reached a physical level and she stated"No".I asked who ownedse and she stated We;he p Y �• lives here but this is my house". - After hearing statement that Mr. Murphy punched a hole in hex wall, and seeing the scene downstairs which was consistent with the injury to Mr.Murphy's hand I informed him that he was being placed under arrest for ini to real or ersonal property and that he was being placed in protective.custody a' I placed Mr.Murphy in the rear of my cruiser and transported rtopmsta a Po 'ce Ma r, 2. 2016 8: 12AM `` No, 1125 P. 15 Barnstable Police Department < „ Page: 2 s NARRATIVE FOR PTL. MUM P JEN1KIN3 Ref: 16•-4 41-AR Entered: 02/28/2016'0 0759 Entry ID: 291 Modified: 02/28/2016 @°0640' Modified ID: 291 Approved: 02/28/2016 @ 1416 Approval ID: 115 Department where he was booked according to MGL and department policy by Sgt.Labor. While Mr. Murphy was being booked Ptl.Marney remained on scene to wait for BCUCIO Manfredi to take photos.Pd.Mammy informed me that BCl/CIO Mauxedi took photos of the damage done to the wall and also of the conditions within the house. t ai R 4 • yam, .. ;. .. _ .. f s a t C # T .. ......ara.. Yxnw�.� a � }�pp+�` .MakAk`At*•k»'�w. '^*nP'+n!4M1kw.RH^:R+ °+lJ¢N,ldr $MN�^!ba'm�"45tbi*?`}p` Y.N�`°"^u.? . iFS s d h ; 'hl _{ri, I� �i : " ! u"I � _ , ... p— _ Alt e: N kr. sr ( I � s _ r, k ' lV4 porn :4 i e REGISTRATION AND CERTIFICATION FORM FOR FORECLOSING/FORECLOSED PROPERTY Thank you for registering in accordance with Town of Barnstable Code chapter 224 sections 224-3 and 224-4. Please complete one form for each property in foreclosure (section 224-3) or already foreclosed for which possession has been taken(section 224- 4). Please file the original with the Building Commissioner and a copy with the Chief of the Fire District in which the property is located. If you claim you are exempt from registering under Massachusetts law, please state the reason(s) and complete section 1 (property information) and the first paragraph of section 2 (foreclosing party, court, etc. and foreclosing party representative, but not other`s representatives and attorney) so that the Town can review the exemption andp4ate its o I . records: '-• Section 1 —Prol2eM Information Property Address: 145 Oak Neck Road Hyannis MA, 02061 Assessors Map#: N/A Parcel#: HYANM:307L: 111001c>. Land area and description N/A Building(s)description and contents 1,4 9 3 sof t Built in 1939 Occupied: NO Occupant(s)(if borrowers so state and include name(s)) Phone: N/A email: N/A other: N/A Vacant: Yes Date: 11/19/2 016 Anticipated Length of Vacancy: N/A Last occupant(s))(if borrowers so state and include name(s)) SETH D CAMPEAU Phone: N/A m email: N/A w other: N/A Has possession been taken No If so, please explain and complete and file the maintenance and security plan form (unless exempt as stated above) Please see attached document Section 2—.Foreclosing PaM Information Foreclosing Party (full name/title) Carrington Mortgage Services LLC . Foreclosure Case Court: N/A Docket# N/A Date filed: 1/3/2 016 Current Status: Open Foreclosing Party's representative(s) for property (entry, management, repair, etc.)(name,title,): Code Compliance Company(if different from foreclosing party): Address: 350 Highland Dr, Ste. 100 Lewisville, TX 75067 Phone: 8 6 6-5 6 3-110 0 email: codecompliance@mcs360.com other: If an exemption is claimed,please do not complete the remainder. Other representative(s) (if foregoing representative is primarily responsible for property and/or foreclosure and is most likely to be able to address town matters concerning the property and/or foreclosure, please so state and do not complete contact information(i.'e."none"or"see above")). Name, title, other: Code Compliance Company(if different from foreclosing party): Mortgage Contracting Services LLC Address: 350 Highland Dr, Ste.100 Lewisville, Tx 75067 Phone(s); 111-163-1100 email(s): codecompliance@mcs360.comother: 813-387-1100 —- Name,title, other: ---- - : - --- -- . _ - _--- -- - --- Company (if different from foreclosing party): Address: Phone: email: other: Attorney representing foreclosing party N/A Firm name (if different from attorney's name): N/A Address: N/A Phone(s): N/A .email(s):_ N/A other: N/A I acknowledge that the information provided is accurate and correct. I also understand that any inaccurate information will result in non-compliance with section 224-3 of chapter 224 of the Code of the Town of Barnstable. Date: 2/21/2018 Name; Brittany Lyons Title: Agent for Carrington Mortgage S I hereby certify that the above-named foreclosing party is in compliance with the provisions of section 224-3 of chapter 224 of the Code of the Town of Barnstable. Date: Building Commissioner,Town of Barnstable N an IJ � i,l,�Vl 11 I, Y ter` Won M ORTGkG'E CON TRACT IN GSERV ICES February 21, 2018 Re: 145 OAK NECK ROAD HYANNIS, MA 02601 To Whom It May Concern: Mortgage Contracting Services,on behalf of Carrington Mortgage,will inspect,service,and maintain the interior,exterior,and lawn for this foreclosure property every two weeks and will keep the property in compliance with all city ordinances. MCS's contact information is listed on the application and below. Please note that the phone number is a 24-hour hotline and any issues will be addressed immediately. An email address is also provided: Mortgage Contracting Services Attn:Code Compliance 350 HIGHLAND DR STE 100 LEWISVILLE,TX 75067 813-387-1100 24-hour hotline codecompliance@mcs360.com Thank you, Brittany Lyons Agent on behalf of Carrington Mortgage Mortgage Contracting Services Code Compliance Department 350 HIGHLAND DR STE. 100 LEWISVILLE,TX 75067 Codecompliance@MCS360.com 350 Hi-h1and Dr. • Suite 100• Lewisville; Texas• 75067 813.387.1.100•www.MCS360.c0j11 ' r f T 3 4 � err „ e . 1 r i r n • • t: ^ �,, _� a �•' t ���yyyyyy � M j - . it r I +r "a. � ••r.-; ��� -:... ,�,� ..tea v (eIMF.vpOt i7� lk ow _ s K n tij.,,'; - ",a . :g' 4:° �� ���'"jC`µ,^` `."s^ d"m r "�y."".�. ,+^'`fwx.a�'.•d a �+• • l x S � _ � � . ' .�. ,. - ry"" �'�, ���f�}� ,. �'` �'►..c� •r it r4,�z� J4 � �'�',i�`�, � �+�� 1 ,'A� ��' �� � i ti. f F 1 it IRr41 T Cj ••y 4. Ill ,, ;u �. �.� .•A +�'. <,�'' , .:,,, y1'rfi 'R'�� �a �' Wo- ,� �- 1'� 5 � �`1 ., .� r �m �1 . n �1,ter ..r p, w E r M I 32247 2500 PROOF Of-PURCHASE UPC 0-32241-,'SW92 ' 250092. ' Fkx;nnm, No lout. .or uuNpmss�uwrt na iem,cHca�t,+n4�. c; , '�,S � ^N OF CHILDREN MANTEANEfi(f�O,tIM�,�,1� a5i•°"fi� v��A/ yy =� FDII AWITIQNAI. v 6inrt mi Krs l[J] ti r • 4 .y X + F _ • a1 a III 1 • r • 4. ` a e • z Liz ,4 W. (� "5 T � � t .nrW � ^.-. .3,E-s��_ :. r �'�;��` �a r r .,a �> �r �� �� �a� � Town of Barnstable Barnstable Board of Health mass. �, 200 Main Street, Hyannis MA 02601. 2007 Office: 508-8624644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi BOARD OF HEALTH MEETING RESULTS Tuesday, April 12, 2016 at 3:00 PM Town Hall, Selectmen's Conference Room 367 Main Street, 2nd Floor, Hyannis, MA I. Hearing — Show Cause (Cont.) Attorney Robert Bianchi representing Courtney Compeau, owner— 145 Oak Neck Road, Hyannis, no heat, no hot water; owner occupied, update on _status: Continued to May 10, 2016. A boiler is scheduled to be installed on Friday 4/22/16. The Board voted to continue this item to the May 10, 2016 meeting and Courtney will be allowed to remain in the house. Mr. McKean may lift the restrictions at the home once the boiler is installed. II. Variance — Septic Repairs: A. Daniel Ojala, Down Cape Engineering, representing William Gingerich, . Trustee — 60 Nyes Point Way, Centerville, Map/Parcel 233-017, 0.22 acre parcel, H-20 tight tank, repair failed system, restricting use of. premises to no more than 6 months. GRANTED WITH CONDITIONS. The Board voted to grant the variances with the following conditions: 1) a two-bedroom deed restriction must be recorded at the Barnstable County Registry of Deeds and an official copy must rbe submitted to the Health Division, 2) the property will only be for seasonal use (no more than six months during the year), 3) it is incumbent on the owner to convey the conditions of use to a new owner, and 4) the well water must be tested. B. Michael Pimentel, JC Engineering, representing Daniel McDonald, owner-43 Chickadee Lane, Barnstable, Map/Parcel 234-014, 15,670 square,feet parcel, requesting two local variances, failed septic system, no increase in flow. ` Page 1 of 5 BOH 4/12/16 of a motor vehicle,and posses- :to come out and when he finally (� sion of an open container in a did,he fought the police all the \ motor vehicle.He is due back in way to the cruiser,kicking and j 1' court for a pretrial hearing on pushing the officers,the court April 13. report said. —Ethan Genter According to the report,he JJJ allegedly beat the victim with Wellfleet brush fire a bottle.Riley was charged extinguished with assault and battery with a g dangerous weapon,assault and WELLFLEET-A brush fire battery on a police officer and off Kelley Way came close to resisting arrest.He is being held several containers of gas Thurs- on$5,000 bail and is due back in day afternoon before being court on March 21. extinguished,according to a Edwards;38,was found by Wellfleet fire official. police in a downstairs closet. 4, Shortly after 2:30 p.m.fire- She was charged with assault fighters responded to 15 Kelley and battery with a dangerous Way and found a 200-square- weapon for allegedly kicking foot area on fire,Wellfleet fire the victim.Edwards is being Lt.Shawn Clark wrote in a held on$1,000 bail and is due statement.The fire butted up back in court April 1. against several compressed gas Christine Legere cylinders of oxygen and acety- lene but none of the containers Sandwich man injured 1 ignited,'he said. 1n Yarmouth crash` The fire caused minor property damage,Clark wrote. SOUTH YARMOUTH—A No one was injured in the fire, 25-year-old East Sandwich which,was determined to have man was flown to Rhode Island been started accidentally,Clark. Hospital with severe traumatic wrote.Eastham and Truro fire- injuries after being ejected from. fighters helped fight the blaze. a truck during an early morn- 'Ethan Genter ing crash Thursday,according to Yarmouth police and fire Two arraigned in officials. At about 1 a.m.,Yarmouth r ���n696s assault police,state police and fire-, . BARNSTABLE—Yarmouth fighters responded to Wood resident Hope Edwards and Road and Rose Road in South 9 Barnstable.resident Charles Yarmouth and found the truck's Riley entered pleas of not guilty driver,Branham Matthew Foley, at their arraignments in Barn- with"severe injuries,"accord- stable District Court Thursday ing to Yarmouth Deputy Police on assault and battery charges Chief Steven Xiarhos. Cape Cod Ca to ken relating to 3 a,m:scuffle at 145 �� Foley was taken p Oak Neck Road in Hyannis. Hospital for treatment before IS Responding to a report of a being flown to the trauma disturbance,police arrived to center at Rhode Island Hospital, find a male victim outside the he said. house with a bloody,right hand, As of Thursday afternoon, 'Y blood on his nose and mouth Foley remained in the hospital, 9 and bruises on his face.He told but was expected to survive, police he had been beaten up Xiarhos said.Yarmouth police by Edwards and Riley,who were are working with the Cape Cod still inside the house,according . Regional Crash Reconstruction to the court report. team and the preliminary inws- After a search,police found tigation indicates that excessive Riley,45,hiding in an upstairs speed was a factor,police said. n crawl space.He initially refused —Haven Orecchio-Egresitz TO NN OF BARNSTABLE DI v TMks Town,of Barnstable �t t Barnstable Board of Health AMmedcaCft &%RNSTABLE ' I.F MASS � 206 Main Street, Hyannis MA 02601 1639. 2007 Office: 508-8624644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi BOARD OF HEALTH MEETING RESULTS Tuesday, April 12, 2016 at 3:00 PM h 1 0 Town Hall, Selectmen's Conference Room 367 Main Street, 2nd,Floor, Hyannis, MA Jlv4p 9v` S . I. Hearing Show Cause (Copt.)., " Attorney Robert Bianchi'representing Courtney Compeau, owner-<1_45 Oak- rt 'Neck Road,. Hyannis, no heat, no hot water; owner occupied, update on status. Continued to May 10, 2016. W—Mileris-scheduled_to:be.iristalled-ori Friday=4/22/16: The Board voted to continue this item to the May 10, 2016 meeting and Courtney will be allowed to remain in the house. Mr. McKean may lift the restrictions at the home once the boiler is installed. II. Variance — Septic Repairs: A. Daniel Ojala, Down-Cape Engineering, representing William Gingerich, Trustee - 60 Nyes Point Way, Centerville, Map/Parcel 233-017, 0.22 acre parcel, H-20 tight tank, repair failed system,.restricting use of premises to no more than 6 months. GRANTED WITH CONDITIONS. The Board voted to,grant the variances with the following conditions: 1) a two-bedroom deed restriction must be recorded at the Barnstable County Registry of Deeds and an official copy must be submitted to`the Health Division, 2) the property will only be for seasonal use (no more than six months during the year), 3) it is incumbent on the owner to convey the conditions of use to a new owner, and 4) the well water must be tested. B. Michael Pimentel, JC Engineering, representing Daniel McDonald, owner-43 Chickadee Lane, Barnstable, Map/Parcel 234-014, 151670 square feet parcel, requesting two local variances, failed septic system, no increase in flow. Page 1 of 5 BOH 4/12/16 C>7 l /0--0 l a MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT TO PERFORM PLUMBING WORK CITY ( MA .DATE d'6 PERMIT# —/(0— JOBSITE A RESS wf_-c , 0 ITS NAME u U POWNER ADDRESS _ TEL FAX TYPE OR OCCUPANCY TYPE COMMERCIAL�,' EDUCATIONAL ® RESIDENTIAL O PRINT CLEARLY NEW:❑ RENOVATION:© REPLACEMENT: PLANS SUBMITTED: YES❑ N0� 'FIXTURES I FLOOR BSM 1 2 3, 4 1 5 1. 6 7 8 9 10 11 12 13 14 BATHTUB CROSS CONNECTION DEVICE DEDICATED SPECIAL WASTE SYSTEM DEDICATED GAS/OIUSAND SYSTEM DEDICATED GREASE SYSTEM ' DEDICATED GRAY WATER SYSTEM I f DEDICATED WATER RECYCLE SYSTEM - I DISHWASHER I — DRINKING FOUNTAIN FOOD DISPOSER FLOOR/AREA DRAIN INTERCEPTOR(INTERIOR) - 14TCHEN SINK LAVATORYROOF DRAIN SHOWERS ALL SERVICE I MOP SINK TOILET ' -L URINAL WASHING MACHINE CONNECTION WATER HEATER ALL TYPES a � � WATER PIPING OTHER INSURANCE COVERAGE: } I have a current liabilityinsurance poiicy_or its substantial equivalent which meets the requirements of MGL Ch.142 YESo. NO.�` IF YOU CHECKED YES,PLEASE INDICATE THE TYPE OF COVERAGE BY CHECKING THE APPROPRIATE BOX BELOW ID LIABILITY INSURANCE POLICY OTHER TYPE OF INDEMNITY BOND El OWNER'S INSURANCE WAIVER:I aware that the licensee does not have the insurance coverage required by Chapter 142 f the Massachusetts General Laws,and that my signature on this permit application waives this requirement. isa il ,cisCL CHECK ONE ONLY ©WN_ ENT SIGNATURE OF OWNER OR AGENT '� C I hereby certify that all of the details and information I have submitted or entered regarding.this application are true and a Tte the best of-my knowledge and that all plumbing work and installations`performed under the permit issued for this application will be in compliance rtinent provision of the Massachusetts State Plumbing Code and Chapter 142 of the Yreral Laws. PLUMBER'S NAME LICENSE# SIGNATURE MP JP0 CORPORATION S#=PARTNERSHIP[j# " LLC # C MPANY NA E Y ADDRESS G cP CITY /1 �:. STATE ZIP TEL FAX CELL EMAIL } Bk 29444 Pg124 #6416 02-10-2016. @ 12:18p C ON- 11VI'ONWEALTI- .1 JE N"D COURT JS COURT , l gyl....... 16 sm 000369 ORDER 'ro; f Courtney I . Campeau a/k/a Courtney Carr <^au and to all persons entitled to the benefit of the;Se- icemembcrs Civil Refef Act;,50 U.S.C. App. 501 (et seq).: Citizens Baw,N.A. f'ka RBS (-.itizens,N.A. -_� claiming to Gave tin interest in a Mortgage covering real property jr. Hyannis,numbered 145 Oak Neck.Road, given by `eth 1). Ca;rfpeau to Nl foTtgage l:.Ie tronic Regist.ratio.n.5ysteins,Inc. as nominee for. Citizens Mortgage C:orpor'ation, d.a.Wd.Tune 17, 2004, recorded in Btarnstable County Registry of'Deed in Book 18-745,Page 143,and now held by the plaintiff by,-assignment, hash a.ve tiled with this court a complaint for determination of I>;feftdafit's;I?efi.ndants= Servicen3e ibers status, if you -now are,Or recently have been, in the active military service;o.f'the United-Fortes of Alerica.then you may be entitled to the benefits of the Servicemembers Civil Relief Act. If you obiect to a foreclosure of the above-mentioned property can that basis,then you or your attorney, nla.,t file a NsTitten appearance and answer in this court at Three Pemberton Square,Boston, P+'lA 02108 on or befofe. :.... �;I�S��°*��•:�1��� ��.��1�;`Y or you..will be forever barred from claiming that yotu are entitled to the benefits of said Act. r Witness,Jl.jl:}I"I'H (:' C;:i"T'I,I;R,(`leis#Ji.isti.ce oI'said(:.'ttitrt of, ,<",�t�-:��$�.�.�•��'•.. �,.� ,,/z .Attest: �,..,..,..._............................................. Deborah J. Patterson ..IV Recorder JOHN F. MEADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS. RECEIVED & RECORDED ELECTRONICALLY i�{5au< If roperty is located in RHODE ISLAND: V.- This is A open-end mortgage to secure present Fleet Bank and future loans under Chapter 25 of Title 34. Ifproaerty°is located in PENNSYLVANIA: Open-End Mortgage -,This is at open-end mortgage to secure future (for use in CT, FL, MA, ME, advances under 42 Pa.C.S.A.8143. PA and RI) Bk 18998 P'a 2Er2 • 09--02--2004• a � IG as 1 mat Maximum Principal Sum:U.S. $ Maturity Date: $50,000.00 08/04/24 Borrower(s)/Mortgagor(s): SETH CAMPEAU COURTNEY CAMPEAU Property Address; At the option of the Lender the Maturity Date may 145 OAK NECK RD HYANNIS, MA be extended to: 08/04/34 02601 THIS MORTGAGE is between each Mortgagor signing below("Borrower")and the following Mortgagee("Lender"): . Name of Lender: FLEET NATIONAL BANK, PRINCIPALLY LOCATED IN RHODE ISLAND 1 ` Lender's Address for Notices: CONSUMER LOAN OPERATIONS. 315 COURT STREET P.O. BOX 3092 UTICA, NY 13502 ' BORROWER has entered into a Fleet Line Agreement("Agreement")with Lender, dated the same'date as this Mortgage, which is a consumer revolving loan agreement that provides for an open-end credit plan(as defined in the Truth in Lending Act). Under the Agreement, Borrower may obtain advances (including re-advances of any repaid " principal)and is indebted to Lender for all amounts advanced and outstanding from time to time. All amounts advanced under the Agreement or this Mortgage, if not sooner paid, are due and payable at the Maturity Date. The maximum principal amount that is or may be secured by this Mortgage at any time and from time to time shall not exceed the Maximum Principal Sum shown above. TO SECURE to Lender the repayment of the indebtedness evidenced by the Agreement, together with interest thereon, and all renewals, extensions, and conversions of or modifications to the Agreement; the payment of all other sums provided in the Agreement or advanced to protect the security of this Mortgage; and the performance of all other covenants and agreements of Borrower contained herein and in the Agreement, for consideration paid, Borrower hereby mortgages, grants, and conveys to' Lender, its successors and assigns forever, with statutory power of sale (if applicable) and with mortgage covenants, the property described in Exhibit A to this Mortgage (the "Property"). This Mortgage is given on the statutory condition (except in Florida). If the Property is located in New York, Lender's rights under this Mortgage are in addition to and not exclusive of rights conferred under Sections 254, 271, 272 and 291-F of the New York Real Property Law, PROPERTY UNDER MORTGAGE The Property includes: all improvements erected on the Property; all of Borrower's rights and privileges to all land, water, streets, and roads next to and on all sides of the Property (called "easements, rights, and appurtenances"); all rents.from the Property; all proceeds (to the extent necessary to repay the amount Borrower owes) from the Property, including insurance proceeds and proceeds from the taking of all or any part of the Property by a government agency or anyone else authorized by law; and all property and rights described above that Borrower acquires in the future. OWNERSHIP OF PROPERTY Borrower promises that Borrower lawfully owns the Property and has the right to'mortgage, grant and convey the Property, and that there are no claims or charges (called "encumbrances"),against the Property, except for encumbrances disclosed to Lender. Borrower is fully responsible for any losses Lender suffers because someone other than the Borrower has some of the rights in the Property that the Borrower claims, and Borrower will defend Borrower's ownership of the Property against any such claim of rights. F 'II �IIII Record and Return To 21500 Rev.05/2004 Page I of 6 Integrated Loan Ser vicaa 27 Inwood Road CAMPEAU, SETH Rocky Hill, CT 06067 f ■ Bk 18998 Pg 263 #69569 Borrower and Lender covenant and agree as follows: t 1. Payment of Principal, Interest,and Other Charges. Borrower shall promptly pay,when due, the principal and interest indebtedness secured by this Mortgage and any other charges due under the Agreement. 2. Application of Payments. Unless otherwise provided in the Agreement or required by applicable law, all payments received by Lender shall be applied first to billed finance charges, then to other charges that have not been added to principal, then to principal,and finally to unbilled finance charges. 3. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage, including Borrower's covenants to make payments when due, and will not incur any additional indebtedness under any . such mortgage, deed of trust or other security agreement. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property that may attain priority over this Mortgage, and any leasehold payments or ground rents. Borrower will notify all prior mortgagees of Lender's Mortgage: 4. Hazard and Flood Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term "extended coverage," and such other hazards as Lender may require, and in such amounts and for such periods as Lender may require. Borrower shall maintain coverage in an amount equal to the smallest of: (a)the amount of any obligation having priority over this Mortgage, plus the Maximum Principal Sum; or (b) the maximum insurable value of the Property, but in no event shall such amount be less than the amount necessary to satisfy any co-insurance requirement contained in the insurance policy; or (c) such amount as may be required by applicable law. If the Property .is located in an area identified by federal officials as having special flood hazards and where flood insurance is available under the National Flood Insurance Act, Borrower will keep Property insured against loss by flood. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender, provided that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgagee clause in favor of, and in a form acceptable to, Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier.and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds,at Lender's option, either to restoration or repair of the Property or to the sums secured by this Mortgage. 5. Preservation and Maintenance of Property; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property. If this Mortgage is on a unit in a condominium or planned unit development, Borrower shall perform all of Borrower's obligations under the declaration of covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. Borrower shall promptly pay, when due, all assessments imposed by the owners' association or other governing body of any condominium project of which the Property is a part, pursuant to the provisions of the declaration, by-laws, regulations or other.constituent document of the condominium project. As long as the owners' association or other governing body maintains a master or blanket policy on the condominium project that provides insurance coverage against fire, hazards included within the term "extended coverage," and such other hazards as Lender may require, and in such amounts and for such periods as Lender may require, then Borrower's obligation under paragraph 4 to maintain hazard insurance coverage on the Property is deemed satisfied and the provisions of paragraph 4 regarding application of hazard insurance proceeds shall be superseded by any provisions of the declaration, by-laws, regulations or other constituent document of the project or of applicable law to the extent necessary to avoid a conflict between such provisions and the provisions of paragraph 4. For any period of time during which such hazard insurance coverage is not maintained, the immediately preceding sentence shall be deemed to have no force or effect. ; Borrower shall give Lender prompt notice of any lapse in such hazard insurance coverage. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair,following a loss of the Property, whether to the unit or to common elements, any such proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by this Mortgage, with the excess, if any,paid to Borrower. 21500A Rev.05n004 Page 2 of 6 Bk 18998 Pg 264 #69569 If the Property is part of a condominium project, Borrower shall not, except after notice to Lender and with Lender's prior written consent, partition or subdivide the Property, or consent to (a) the abandonment or termination of the project, except for abandonment or termination provided by law in the case of a taking by condemnation or eminent domain; (b) any material amendment of the declaration, by-laws or regulations of the owners' association or other governing body, or equivalent constituent document of the project, including, but not limited to, any amendment that would change the percentage interests of the unit owners in the project; or (c) the effectuation of any decision by the owners' association or other governing body to terminate professional management and assume self-management of the project. 6. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced that materially affects Lender's interest in the Property, the Lender, at Lender's option, on notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as Lender deems necessary to protect its interest. Any amounts disbursed by Lender pursuant to this paragraph 6 shall become additional principal indebtedness of Borrower secured by this Mortgage and Borrower shall pay interest on such amounts at the rate in effect from time to time under the Note. Unless. Borrower and Lender agree to other terms of payment, such amounts shall be payable on notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 6 shall require Lender to incur any expense or take any action hereunder, and any action taken by Lender hereunder shall not be a waiver of,or preclude the exercise of, any of the rights or remedies accorded to Lender. 7. Inspection. Lender may make or cause to be made reasonable entries on and inspection of the Property, provided that Lender shall give Borrower notice prior to such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 8. Condemnation. The process of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, is hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage. ' 9. Borrower Not Released; Forbearance By Lender Not A Waiver. Extension of the time for payment or modification of any of the other terms of payment of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify the terms of payment of the sums secured by the Mortgage by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 10. Successors and Assigns Bound;Joint and Several Liability; Co-Signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to the benefit of, the respective successors and assigns of Lender and Borrower. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signed this Mortgage, but does not execute the Agreement: (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage; (b) is not personally obligated to pay the sums secured by this Mortgage; and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forebear or make any other accommodations with regard to the terms of this Mortgage and the Note without the Borrower's consent and without releasing the Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 11. Notice. Except for any notice required under applicable law to be given in another manner: (a) any notice required or permitted to be given to Borrower under ibis Mortgage shall be sent to Borrower by regular mail addressed to Borrower at the address for notices specified in the Agreement; and(b)any notice required or permitted to be given to Lender under this Mortgage (including notices given pursuant to Pennsylvania Consolidated Statutes Annotated, title, 42, Section 8143 or to Rhode Island G.L. 34-25-10(b) and 34-25-11, if applicable) shall be sent to Lender by regular mail addressed to Lender at Lender's Address for Notices identified at the beginning of.this Mortgage. Either party may change its address to which the other party is to send notices by giving the other party notice of the new address in accordance with this paragraph 11. Any notice provided for in this Mortgage shall be in writing and shall be deemed to have been given when mailed,postage prepaid, addressed in the manner designated herein. Page 3 of 6 .21500B Rev.05/2004 E ■ Bk -18998 Pg 265 #69569 12. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. Notwithstanding the foregoing, nothing herein shall limit the applicability of federal law to this Mortgage. In the event that any provision of this Mortgage or the Agreement conflicts with applicable law, the conflicting provision shall be deemed to be amended to afford the Lender the maximum rights allowed by law. No conflict with applicable law shall affect other provisions of this Mortgage or the Agreement that can be given effect without the conflicting provision and, to this end, the provisions of this Mortgage or the Agreement are declared to be severable. 13. Borrower's Copy. Borrower shall be furnished a conformed copy of this Mortgage at the time of execution or after recordation hereof. 14. Events of Default. Borrower shall be in default under this Mortgage on the occurrence of any of the following events: (a) failure by Borrower to pay when due any amount owing under the Agreement or this Mortgage if the failure continues for twenty-one(21)days after written notice of the failure is mailed to the Borrower(if the Property is located in Maine, such notice will not be sent until at least 10 days after the payment is due; if the Property is located in Connecticut, this Mortgage is subject to one or more prior mortgages, and there were loan fees, points, or other prepaid finance charges imposed in connection with the Agreement, such notice will not be sent until at least 39 days after the payment is due); (b) Borrower makes any fraudulent statement or material misrepresentation in connection with the Agreement or this Mortgage; (c)any action or inaction on Borrower's part adversely affects the Property or the Lender's rights in the property (e.g., a transfer of title to or We of an interest in the Property without the Lender's consent; failure to maintain insurance or pay taxes on the Property; action by the Borrower resulting in the filing of a mortgage or lien that is or becomes senior to Lender's Mortgage; action by the Borrower that jeopardizes the Lender's security for future advances; death of all individuals obligated on the Agreement; a taking of the Property by eminent domain; foreclosure by a prior lienholder; or if the Lender's security interest is adversely affected due to: (i)waste, destructive use of or Borrower's failure to maintain the Property; (ii) Borrower's illegal use of the Property that subjects it to seizure; (iii)the filing of a judgement against Borrower; (iv)death of one of the joint obligors on the Agreement(except that this event of default shall not apply if the Property is located in Connecticut); or(v) Borrower's moving out of the Property and failing to return within twenty-one(21)days after written notice is mailed to the Borrower). 15. Acceleration; Remedies. On default, Lender may declare all sums secured by this Mortgage immediately due and payable, and Lender may invoke any of the remedies permitted under applicable law, including the STATUTORY POWER OF SALE, if any. If the Property is located in Florida, Lender shall be entitled to collect all costs and expenses incurred in collection or foreclosure, including attorneys' fees equal to ten percent (10%) of the principal sum or such larger amount as may be reasonable and just, and also all costs, expenses and attorneys' fees incurred in any appellate and bankruptcy proceedings. If Lender invokes a STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to any other person required by applicable law, in the manner provided by applicable law. Lender shall publish the notice of sale and the Property shall be sold in the manner prescribed by applicable law. Lender or Lender's designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Mortgage in such order as Lender may determine; and (c) the excess, if any, to the person or persons legally entitled thereto. 16. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 15 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. On acceleration under paragraph 15 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter on, take possession of and manage the Property and to collect the rents of the Property, including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 17. Waiver of Homestead; Dower and Curtesy. When applicable, and as permitted by law, Borrower hereby waives all rights of homestead in the Property and relinquishes all rights of dower and,curtesy in the Property. 18. Release. Until all amounts secured are paid in full and the Agreement is canceled, this Mortgage will remain in effect, even though the loan balance may be reduced to zero from time to time. This Mortgage shall be deemed to be satisfied, and Lender shall give Borrower a discharge therefor, when: (a) all sums secured by this Mortgage have been paid in full, and Borrower has paid Lender for the recording cost of filing the satisfaction of mortgage; and (b) the Lender has no continuing obligation to make additional advances. 19. New York Lien Law. If the Agreement and Mortgage are governed by New York•law, the Botrower will receive all amounts advanced under the Agreement subject to the trust fund provisions of Section 13 of the New York Lien Law. Borrower will use any money received from the Lender under the Agreement for the purpose of paying the,cost of any improvements made to the Property before using the money for any other purpose. 21500C Rev.05r2aX Page 4 of 6 Bk 18998 Pg 266 #69569 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage,deed of trust or other encumbrance with a lien that has priority over this Mortgage to give notice to Lender, at Lender's address set forth at the beginning of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. NOTICE TO CONSUMER: 1.Do not sign this Mortgage before you read it. 2. You are entitled to a copy of this Mortgage. IN WITNESS WHEREOF,each of the undersigned has executed this Mortgage under seal this 4TH day of AUGUST (month), 2004 . WE AGREE AND ACKNOWLEDGE THAT WE HAVE RECEIVED TRUE COPIES OF THIS MORTGAGE AND ANY RIDER. &p� J IF Ni/tness ort crow ignatu Printed Names.fiVhl2ah M t p n v Printed ame: SETE CAMPEAU1/1 tgnature of WitnessTwo) Printed Name: (Signature of WitnessOne) (Mortgagor/BorrowerSignature) Printed Name: Printed Name: tgnature o WitnessTwo) Prin ed Name: •� t ('Q---- gnature o ttness ne) ortggagor orrower Si nature in Namesn�a� Es�iyt Ante d Name: COURTNEY 9PEAU (Signature of WitnessTwo) Printed Name: tgnature of Witnessone) ortgagor orrower tgnature Printed Name: anted Name: tgnature o Witness Two) Printed Name: tgnature o Witness One) ortgagor orrower Signature) ranted Name: 'nted Name: ignature of WitnessTwo) Printed Name: STATE/CO WEALTH OF , COUNTY ' SS. Date: oa�o4/o4 • On this �day of ,20 , before me, the undersigned notary public, personally appeared SETH CAMPEAU, COUR Y CAMPEAU proved to me through satisfactory evide of identification, which were � �Z.. , respectively, to be the dividual(s)whose names)is/are signed on the preceding or attached document, and acknowledged to me that(he),.(she):(they)signed it voluntarily for its stated purpose. .. �tt111 tItIN Nry��, p;. i p. t lr appeared [Seal] eviden eat •'cam"' o sal':EodorY Not b is wlase ttaltSYK ddooatment Print Name: In P7 p ' My Commission Expires: t_c Notary �. kkl`ofMossocht10 Florida Only: Notary Public State of Florida Commission Number.• 2150OD Rev.05/2004 "� p��� Page 5 of 6 Bk 18998 Pg 267 #69569 EXHIBIT A TO MORTGAGE Date of Mortaane• 08/04/04 Borrower(s)/Morteagor(s): SETH CAMPEAU COURTNEY CAMPEAU Mortgagee: Prosy Address FLEET NATIONAL BANK, 145 OAK NECK RD HYANNIS, MA PRINCIPALLY LOCATED IN RHODE ISLAND 02601 The Property is located in HYANNIS (city/town),BARNSTABLE (county), MASSACHUSETTS (state)and is bounded and described as follows: (See "Schedule A" attached hereto and made apart hereof.) Remit all Legal Documents to: --------------- 715 t Ba Loan Operations Co treet . x 3 , NY 135 Pennsylvania Certification of Residence I hereby certify that the precise residence of the Mortgagee, is• P i ed rta a aria; dams o ecrza i ivi o;3 is ea q s Mg ge <- Name ' ` it le le ' City S� tp.... Z. Page 6 of 6 21500E Rev.05/2004 Bk 18998 Pg 268 #69569 SCHEDULE A NAME. smm cAwimu THAT CERTAIN PIECE OF PARCEL OF LAND, AND THE BUILDINGS AND IMPROVEMENTS THEREON, KNOWN AS IN THE TOWN OF HYAwis COUNTY OF BMWSTABLS AND STATE OF MASSACHUSETTS AND BEING MORE PARTICULARLY DESCRIBED IN A QEED RECORDED IN BOOK f60Qp PAGE SARNSTABLE REGISTRY OF DEEDS SCHEDA REV 0112001 Ma r• 4, 2016 10: 55AM No.' 1141 P. 2 Town, of Barnstable. : Paul B, MacDonald _ Chief of Police Poop. Dera Craig A T•amash Deputy Chief Main: (608)77 5-0(387 Fax: ' (508) 790-6317 www.bainstableporiice.com SUBJECT: 145 Oak Neck Road,Hyannis FROM: Sergeant Jason Laber DATE: March 3,2016 = To whom this may concern, { On Thursday March 3, 2016 at 3:00 AM multiple officers of the Barnstable Police Department ' responded to 145 Oak Neck Road,Hyannis for what was initially reported as a disturbance, Officers ` arrived and observed a middle aged male bleeding profusely from the head. , He.was 'treated,by Hyannis Rescue and transported to Cape Cod Hospital: Officer's initially identified the homeowner as Courtney.Campos. Ms. Campeau was;extremely, upset and uncooperative with police, She initially refused to allow police entry to,her home for follow-up investigation. Note that police received statements that the attacker was hiding inside,the house. After further consultation,Ms. Campeau consented to a search of the home, The home appeared to be inhabited by multiple individuals. We observed there to beat least five individuals inside the home during our investigation(:refer to 16-463-AR). Two of those individuals were arrested for their pant in the above referenced disturbance.,During our investigation,I observed g the following: • house in disarray(unkempt) • space heaters being used tbroughout the home for heat • bathtubs being used as a sinks (dirty,dishes`stacked in the tub) • open alcohol bottles in bedrooms .Respectfully submitted, • ' . ' :4- ergeant Jason Laber , Sening tha n1lages of 13amsiable,' Oenteivine,Catuit,HyRnii ls,I1tr<u.stolls Mills,OstexTi ,axid West lituiustable Ma r. 4. 2016 10: 55AM No. 1141 P. 1 , Town of Ba table- T. Police De . ar ent p Paul$.1VIacDpnald,Chief of Police Main Number: 508-775-0387 4167 Sean E.Baloom,Deputy Chief of Police 2601 Main Fax: 508-775-- Administration: 508-70920 Matthew K.Sonnabend,Deputy Chief of Police Admin.Fax: 508-790-63176317 www.bamstablepolice.com FAX COVER SHEET To. krhin Anrl�_rs� From: �1e a✓-� h a 111 e.s Date: < C —1 CD Fax: �O`d — G10- La ZiaCu Un Number of pages including this cover: Z ` m �a NOTE/MESSAGE: (gm,lI-)0Y.)a 1 n fo dv, I di �Jt r This Fax is intended only for the use of the individual or entity to which it is addressed,and may contain information,which is privileged,confidential and exempt from disclosure under applicable law.If the reader of this message is not responsible for delivering the message to the intended recipient,you are hereby'notified that any copying,dissemination or distribution of this communication is strictly prohibited.If you have received this communication in error,please notify us by telephone and return the original to us at the above address via: the U.S.Postal Service. `V e Serving the Villages of Barnstable, Centen7ille, Cotuit, Hpannis, Marston Mills, Osterville, mid West Bamstable Sk 21115 Ps250 0-39084 06-20--2006 a 02 = 38P State of Massachusetts County of BARNSTABLE Loan Number:68871013628499 When recorded mail to: S CAMPEAU 145 OAK NECK RD HYANNIS MA 026901 Discharge of Mortgage Know All Men By These Presents:That,BANK OF AMERICA NA,doing business at 4161 PIEDMONT PARKWAY;GREENSBORO NC 27420,the owner and holder of a certain mortgage deed executed by SETH CAMPEAU&CORTNEY CAMPEAU .and to bearing the date of 08-07-04,recorded in Official Records on 09- 02-04 in Book/Volume 18998 Page 262 Document/.Instrument No. . and re-recorded on,in the Registry of Deeds of the County of BARNSTABLE,State of Massachusetts,securing certain note in the principal sum of$50,000.00 Dollars,and certain promises and obligations set forth in said deed,upon the property situated in said State and County,hereby acknowledges full payment and satisfaction of said note and deed,and surrenders the same as canceled and hereby directs the County Register of Deeds to cancel,release and discharge the same of record. Property Address: 145 OAK NECK RD HYANNIS MA 02601 Certificate Number: IN WITNESS WHEREOF the said corporation has caused these presents to executed in its name by its proper officers thereunto duly authorized on 9 June 2006. . BANK M J*ET Success r NATIONAL BANK A.HOLL N ,V P [DENT State of North Car ina County of GUILFORD I HEREBY CERTIFY that on 9 June 2006, before me, an officer duly authorized in the State and County aforesaid.to take acknowledgments, personally appeared A. HOLLAND well known to me to be the VICE PRESIDENT of BANK OF AMERICA NA,a corporation and that he/she acknowledged executing the same freely and voluntarily under authority duly vested in him/her by said corporation. Wi S my hand-and official seal in the County and State lasts aforesaid. Notary Public, Commission Expires ��t►glrrr,ryY� "S�(G H 0(�r�o♦ Prepared by: 4 :GQo F'�0•'• �� BANK OF AMERICA a �OTARy 4161 PIEDMONT PARKWAY ? g_ GREENSBORO NC 27420 Typist:FC S G)-0 PUBLIC�oo°�'Vicee 000sj��,�BEA Al,co y�m° d��1��tl11tl11$D®� . BARNSTABLE REGISTRY OF DEEDS a BE-, 21783 ,-9622 zrt 02-1 5-2007 & 03 : 1 P i QUITCLAIM DEED We, SETH D.CAMPEAU of 59 North Shore Boulevard,Sandwich(East),Massachusetts and COURTNEY E.CAMPEAU of 145 Oak Neck Road,Hyannis,Barnstable County,Massachusetts 02556 in consideration of less than One Hundred($100.00)Dollars and as a division of marital assets as provided for in Seth Campeau vs. Courtney Campeau,Barnstable Probate&Family Court,Docket No. 06D-0425-DV, grant to COURTNEY E. CAMPEAU of 145 Oak Neck Road, Hyannis, Barnstable County, Massachusetts 02556 with Quitclaim Covenants The land together with the buildings thereon located in Barnstable(Hyannis), Barnstable County, Massachusetts, being shown as Lot 1 on a plan entitled "Plan of Land in Hyannis, Barnstable, Massachusetts for Costas Tsoleridis, Scale V=20', dated February 20, 1985, Thomas E. Kelley, Registered Professional Land Surveyor, 346 Long Pond Drive, South Yarmouth, Mass. 02664"' which plan is recorded at the Barnstable County Registry of Deeds in Plan Book 395 Page 2. Together with the right to use the 15 foot private way shown on said plan as Lantern Lane for all purposes for which ways are commonly used. Subject to and with the benefit of all rights,reservations,easements and restrictions ofrecord insofar as the same are in force and applicable. For our title see deed recorded in Barnstable County Registry of Deeds dated January 27, 2005 at Book 19481,Page 51 on January 28,2005. Property Address: 145 Oak Neck Road,Hyannis,Massachusetts WITNESS our hands and seals this 9`h day of February, 2007. SETH D.Z77AMu ov OURTNEY E. MPEAU Page 1 of 2 i Bk 21783 Pg 187 #9622 COMMONWEALTH OF MASSACHUSETTS Barnstable,ss On this 9`h day of February, 2007, before me, the undersigned notary public, personally appeared SETH D.CAMPEAU, watie , �Y.vow,v 7a to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. w �;y. 51�,�0•.t7f'���rr Notary Public /'>!T£�C . yYc��y r .0 '4 x` =' ., �' �•`�I,I My commission expires: s cc'. COMMONWEALTH OF MASSACHUSETTS Barnstable,ss On this 9th day of February, 2007, before me, the undersigned notary public,personally appeared COURTNEY E.CAMPEAU,proved to me through satisfactory evidence of identification,which was personally known to me to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. MARK D, CARCHIDI NO'FARY PUBLIC Commonwealth of Massachusetts Mark D. Carchidi,Notary Public My Commission Expires May 19,2011 My commission expires:5/19/2011 Plize 2 of 2 BARNSTABLE REGISTRY OF DEEDS . Total,Pages: 2 Bk 28949 P w 7s `r 0 6-18-2015 ok 12 03a 62 CORPORATE ASSIGNMENT OF MORTGAGE Barnstable,Massachusetts SELLER'S SERVICING#l:XXXXXX6530 "CAMPEAU'. MIN#:100256920531063848 SIS#:1-888-679-6377; Date of Assignment:June 16th,2015 Assignor:MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,AS NOMINEE FOR CITIZENS MORTGAGE CORPORATION,ITS SUCCESSORS AND ASSIGNS at PO BOX 2026, . FLINT,MI 48501-2026 Assignee:CITIZENS BANK,N.A.F/K/A RBS CITIZENS,N.A.at 10561 TELEGRAPH ROAD,GLEN' ALLEN,VA 23059 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC has a physical address at 1901E Voorhees Street,Suite C,Danville,IL 61834 and a mailing address at P.O.BOX 2026,FLINT,MI 48501-2026 Executed By:SETH D CAMPEAU To:MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC,AS NOMINEE FOR CITIZENS MORTGAGE CORPORATION,ITS SUCCESSORS AND , ASSIGNS Date of Mortgage: 06/17/2004 Recorded: 06/22/2004 in Book/Reel/Liber:18745 Page/Folio: 143 as Instrument No.:49499 In the County of Barnstable,State of Massachusetts, Property Address: 145 OAK NECK ROAD,HYANNIS,.MA 02601 KNOW ALL MEN BY THESE PRESENTS,that for good and valuable consideration,the receipt and 0 sufficiency of which is hereby acknowledged,the said Assignor hereby assigns unto the above-named - 0.o Assignee,the said Mortgage having an original principal sum of$209,000.00 with interest,secured i6 Y o thereby,and the full benefit of all the powers and of all the covenants and provisos therein contained,and a U Q the said Assignor hereby grants and conveys unto the said Assignee,the Assignor's interest under the s s Q Z 5 Mortgage. n , Z TO HAVE AND TO HOLD the said Mortgage,and the said property unto the said Assignee forever, o,0 < EL , subject to.the terms contained in said Mortgage. te _ 'rF rFC0MC'W1SY201501.56:0a PM•°COMCOICOMCA00000000000000055427'MASARNS-MMXX6530 MASTATE_MORT_ASSIGN—ASSN'-rFCOMC' ' Recording Requested By: CCO MORTGAGE When Recorded Return To:' DANIQUE MCGUIRE-BLOWS CITIZENS BANK,N.A. PO BOX 6260 Glen Allen,VA 23058-9962 t , Bk 28949 Pg76 #28262: CORPORATE ASSIGNMENT OF MORTGAGE Page 2 of 2 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,AS NOMINEE FOR CITIZENS MORTGAGE CORPORATION,ITS SUCCESSORS AND ASSIGNS On June 16th,2015 ' By: ; DANIOUIE r.MCQUIRE-BLOWE, Assistant Secretary STATE OF VA '' 1 COUNTY OF—,FYIf'I CCU On J e 16 ,2 5,before,meQ-14 n / ,a Notary Public in and ' for rl(w in the State of_ V ,personally _ appear D NIQU L.MCQUIRErBLOWS,Assistant Secretary,personally known tome(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity,and that by his/her/their signature on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal, TINEKA ROCHON FISHER SHE�GEORGE NOTARY REGISTRATION N 7350197 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES /Q/,6o4 ("As OECEMBER 31,2018 otary Expires:9131 (This area for notarial seal) j TFTFCOMC'06/16401601:55:04PM'COMC01COMCA000000000000000554227-MABARNS-XXXXXX6530MASTATE MORT-ASSIGN_ASSN"rFCOMC- »' - • - BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register } Total Pages.: 2 Bk 28749 P975 0 i06-18-2015 a 12:03n62 CORPORATE ASSIGNMENT OF MORTGAGE Barnstable,Massachusetts SELLER'S SERVICING#:XXXXXX6530 "CAMPEAU" MIN 4:100256920531063848 SIS#:1-888-679-6377 '. Date of Assignment:June 16th,2015 Assignor:MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,AS NOMINEE FOR CITIZENS MORTGAGE CORPORATION,ITS SUCCESSORS AND ASSIGNS at PO BOX 2026, FLINT,MI 48501-2026 Assignee:CITIZENS BANK,N.A.F/K/A RBS CITIZENS,N.A.at 10561 TELEGRAPH ROAD,GLEN ALLEN,VA 23059 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC has a physical address at 1901E ' Voorhees Street,Suite C,Danville,IL 61834 and a mailing address at P.O.BOX 2026,FLINT,MI 48501-2026 Executed By:SETH D CAMPEAU To:MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS NOMINEE FOR CITIZENS MORTGAGE CORPORATION,ITS SUCCESSORS AND ASSIGNS Date of Mortgage: 06/17/2004 Recorded: 06/22/2004 in Book/Reel/Liber:18745 Page/Folio:143 as . Instrument No.:49499 In the County of Barnstable,State of Massachusetts. Property Address: 145 OAK NECK ROAD,HYANNIS,,MA 02601' KNOW ALL MEN BY THESE PRESENTS,that for good and valuable consideration,the receipt and . 0 sufficiency of which is hereby acknowledged,the said Assignor hereby assigns unto the above-named Qp m Assignee,the said Mortgage having an original principal sum of$209,000.00 with interest,secured Li N thereby,and the full benefit of all the powers and of all the covenants and provisos therein contained,and UQ the said Assignor hereby grants and conveys unto the said Assignee,the Assignor's interest under the v W Mortgage. Z Z TO HAVE AND TO HOLD the said Mortgage,and the said property unto the said Assignee forever, o,n } subject to.the terms contained in said Mortgage. ate = , 'TFTFC0MC'W181201501:65.,04 PM•COMCCiCOMCA0000000000000C0554227'MASARNS`XXXXXX5530 MASTATEFMORT_ASSIGN_4SSN"rFCOMC' Recording Requested By: CCO MORTGAGE F When Recorded Return To: . DANIQUE MCGUIRE-BLOWS CITIZENS BANK,NA. PO BOX 6260 Glen Allen,VA 23058-9962 r A e Bk 28'949 Pg76 #28262 CORPORATE ASSIGNMENT OF MORTGAGE Page 2 of 2 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,AS NOMINEE FOR CITIZENS.,' MORTGAGE CORPORATION,ITS SUCCESSORS AND ASSIGNS On June 16th,2015 - By. DANIQ 1.MCQUIRE-BLOWS, Assistant,Secretary STATE OF V f COUNTY OF', Wrle() On J e,16t,2 5,before,me, &14a Tim, ( ,a Notary Public in and for , in the State of V ,personally appeare D;a NIQ L.MCQUIRE-BLOWS,Assistant Secretary,personally known to me(or proved to. me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within ? instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized `. capacity,and that by his/her/their signature on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS m hand and official seal, TINEKA ROCHON FISHER GEORGE Y NOTARY PUBLIC REGISTRATION N 7350197 " COMMONWEALTH OF VIRGINIA dj,0 LAS MY COMMISSION EXPIRES DECEMBER 31,2018 . (This area for notarial seal) r'TF'rFCOMC"08/16/2D1601:55'.04PM•COMCOICOMCA000000000000000554227•MABARNS'X%XXXX6530MASTATE MORT_ASSIGN_ASSN—TFCOMC- lo Y BARNSTABLE REGISTRY OF DEEDS . ,.. John F.Meade, Register a Feb. 29. 2016 1 . 36PM No. -1120 P. 1 Town of Ba table Police Depa ent s Paul B.Msi:Donald,Chief of Police Main Number: 508-775-0387 Sean E.Balcon-4 Deputy Chief of Police ; 02601 Main Fax: 508-790-4167 Manhcw K, Sonnabend,Deputy Chief of Police Administration: 508-775-0920 Admin.Fare: 508-790-6317 www.ba=tablepolice.com r FAX COVER SHEET To: t?obin Aridco�5orl From: �Ies ; Dafe: f ii Fax: ba? -- _7 CI 6.2.3 O .Number of Pages including this cover: NOTE/MESSAGE: n on 14-5 oQk. IJifc4 'W0nd- This fax is intended only for the use of the individual or entity to which it is addressed,and may contain information,which is privileged,confidential and exempt from disclosure under applicable law. If the reader of this message is not responsible for delivering the message to the intended recipient,you are hereby notified that any copying,dissemination or distribution of this communication is strictly prohibited.If you have received this communication in error,please notify us by telephone and return the original to us at*the above address via the U.S. Postal Service.- . Serving the Villages of Barnstable, Centerville, Cotuit, Hyannis, Marstons Mills, Osterville,•and best Barnstable-- Feb. 29. 2016 1 : 36PM No 1120 P. 2 Barnstable Police Department rage: 1 Call Number Printed: 02/29/2016 For Date 02/27/2016 - Saturday Call Number Time Call Reason Aotion Prlor:Lty, Duplicate 16-8574 1556 Initiated - SUMMONS, SLRVE SERVED IN HAND 3 Call Taker: 293 - PTL. KYLE S PHELAN Call Modified By: 199 - SGT_ MICHAEL L RILEY Location/Address: (HYA) 145 OAK NECK RD Initiated By: 223 - PTL. KYLE S PHELAN Unit: 223 PTL. KYLE S PHELAN Arvd--15:57:05 C1rd-16:07:11 Feb. 29. 2016 1 :36PM No, 1120 P. 3 Barnstable Police Department rage: 1 Call Number Printed: 02/29/2016 For Datet 02/27/2016 Saturday Call Number Time Call Reason Action Priority DpRliaate 16-9551 0701 Initiated - SUMMONS, SERVE UNABLE TO SERVE 3 Call Taker: 191 - PT1. KURT LARIVIERE Location/Address: [HXA] 145 OAK NECK RD Initiated By: 225 -- PTL. KURT LARIVIERE Unit: 225 PTL. KURT LARIVIERE Arvd-07:02:38 Clyd-07:11:56 Narrative: 02/27/2016 0705 PTL. KURT LARIVIERE Board of Health notice of+violations state sanitary code. Narrative: 02/27/2016 0710 ,PTL. KURT LARIVIERE No answer at door. Unknown if anyone home. Blue SUV backed " into driveway. - r o a Feb. 29. 2016 1 :36PM No. 1120 P. 4 Barnstable Police Department Page: 1 Call Number Printed: 02/29/2016 For Date:; 02/24/2016 - Wednesday Call Number Time Ca11 Reason Action Priority Duplicate 16-8012 0908 Initiated - ASSIST, OTHER AGENCY CITATION/WARNING ISSUED 2 Call Taker: 175 - PTL. STEPHEN O ESTEY Call Closed By: 275 PTL. CHRISTOPHER A BOTSFORD 02/24/2016 1130 Call Modified By: 275 - PTL. CHRISTOPHER A BOTSFORD Location/Address: [HYA] 145 OAK NECK RD Initiated By: - PTL. STEPHEN 0 ESTEY Unit: 333 . PTL. STEPHEN 0 ESTEY Arvd-09:08:00 Clyd-11:29:43 Cleared By: 275 - PTL. CHRISTOPHER A BOTSFORD Location Change: [HYA 33611 33 STETSON ST PROBLEM PROPERTY - 33 STETSON ST [Modified: 02/24/20161054] Unit: 221 PTL. JOHN L CAMPBELL Disp-10:06:51 Arvd-10:06:54 Clyd-11:25:41 Dispatched By: 271 - PTL. CHRISTOPHER R ROSS Arrived By: 271 PTL. CHRISTOPHER R ROSS Cleared By: 189 - PTL. JOHN L CAMPBELL Location Change: [HYA 3361] 33 STETSON ST PROBLEM PROPERTY .-, 33 STETSON ST [Modified: 02/24/201610541 Unit: 102 D.C. MATTHEW K SONNABEND Disp-10:07:38 Arvd-10:07:41, Clyd-11:29:41 Dispatched By: 271 PTL. CHRISTOPHER R ROSS Arrived By: 271 - PTL. CHRISTOPHER R ROSS Cleared By: 275 - PTL. CHRISTOPHER A BOTSFORD Location Change: [HYA 33611 33 STETSON ST PROBLEM PROPERTY -- .33 STETSON ST {Modified: 02/24/20161054] - Vehicle Entered By: 02/24/2016 1023 152 - PTL. JOHM F CORBETT Vehicle: WHI 1998 DODG RAM150 BR6L62 Reg: PC MA 1DJ575 VIN: 1B7HF16Y4WS591502 Operator: CAMPBELL, MATHEW P @ 39 CLIPPER CIR - SANDWICH, MA 02563-5403 Sex: M Owner: CAMPBELL, MATHEW P @ 39 CLIPPER CIR - SANDWICH, MA 02563-5403 Vehicle Entered By: 02/24/2016 1024 152 - PTL. JOHN F CORBETT vehicle: aLU 2010 HOND SE ACCORD. CP2F4A Reg: PC MA 312Z29 VIN: 19GCP2F45AA015654 Operator: CHRISTIE, SUSAN M @ 800 BEARSE'S WAY Apt. #5EG - HYANNIS, MA 02601-0000 Sex: F Owner: CHRISTIE, SUSAN M @ 800 HEARSE'S WAY Apt. #5EG - HYANNIS,. MA 02601-0000 Narrative: 02/24/2016 0909-PTL. STEPHEN o ESTEY BIRST INSPECTION Narrative: 02/24/2016 1130 PTL. CHRISTOPHER A BOTSFORD Ch.160 violation issues. t .. Town of Barnstable = Regulatory Services - RARrN ra13M Richard Scali,Director mass. ' 039. Public Health Division rfa�y b Thomas McKean,Director r 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304,. February 24, 2016 Courtney Campeau 145 Oak Neck Road { Hyannis, MA 02601 NOTICE TO ABATE VIOLATIONS .OF 105 CMR 410.000, STATE SANITARY CODE II—MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION The property owned and occupied by you located at 145 Oak Neck Road, Hyannis was inspected on February 24, 2016 by Timothy B. O'Connell, R.S., Health Inspector for the Town of Barnstable. This visit was in response to a complaint received by the Town of Barnstable Health Department. The following violations of the State Sanitary Code were discovered: 410.750 (A): Failure to provide hot water in accordance with 410.190. 410.750 (B): Failure to provide heat in accordance with 105 CMR 410.200. y 105 CMR 410.482- Smoke Detectors. Smoke Detector and Carbon Monoxide missing on second floor. You are directed to correct the violations listed above within twenty four (24) hours of your receipt of this notice. The following violations of the Town of Barnstable Board of Health Regulations, Chapter , 54 Building and Premises Maintenance were observed: 454-3 (A) Outdoor Storage Multiple items are being stored outdoors on this property which are not screened from public view. These items include: tire, large amount of old wet phone books, TV, clothes washer, air conditioner,broken children toys and other sorted debris. You are directed to correct the violations within (15) days of receipt.of this order letter by removing said items and disposing them properly or putting them into an enclosed structure. r You may request a hearing before the Board of Health if written petition requesting same is received within ten (10) days after,the date the order is served. However, these violations must be corrected within twenty four hours regardless of any request for a hearing Non-compliance will result in a fine of $100.00 per violation. Each day's failure,to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. -PERDRDER OF THE BOARD OF HEALTH as A. McKean, R. Director of Public Health -„ Town of Barnstable i Anderson, Robin From: Scali, Richard Sent: Wednesday, October 14, 2015 9:31 AM To: 'Jen Cullum' Cc: Lynch, Tom; Anderson, Robin; Police Chief; McKean, Thomas; Sousa, Vanessa; Soto, Kathryn Subject: RE: 145 Oak Neck Glad to hear that we could be of help sooner than later. Tom McKean did speak to the owner. She lives there with her boyfriend. She was aware of the .complaints since the neighbor across the street spoke to her. From our observations there are no homeless people and the owner states it is just she and her boyfriend. There was one truck,' an unregistered boat and 2 trash barrels out front. She was asked to move the barrels to the back under cover and to move the boat as well to be shielded. No other violations were observed. We did tell her that another inspection may take place today to verify the changes. Vanessa will enter this into the system as a follow up. Richard Richard V. Scali, Esq. Director of Regulatory Services 200 Main St. Hyannis, MA 02601 508-862-4778 508-778-2412 fax ----Original Message----- - From: Jen .Cullum [mailto:jenlcullum@yahoo'.com] , Sent: Wednesday, October 14, 2015 6:39 AM To: Scali, Richard Cc: Lynch, Tom; Anderson, Robin; Police Chief; McKean, Thomas; Sousa, Vanessa; Soto, Kathryn Subject: Re: 145 Oak Neck Just want to say thank you. I was so psyched to see Tom McKean drive up to the problem property last night. Tom, I REALLY appreciate this. Let me know what I can do to help, if anything. Thanks again! Jen Cullum Please excuse typos! Sent from my iPad > On Oct 13, 2015, at 11:44 AM, "Scali, Richard" > <Richard.Scali@town.barnstable.ma.us> wrote: > Tom: > > As of 2013 this property was on the Rental Registration list. On > 4/23/13 an inspection was conducted and they were not renting at that > time. We have put this complaint back into the system and will send > out an inspector to do a reinspection. > Richard > Richard V. Scali, Esq. > Director of Regulatory Services > 200 Main St. t Hyannis, MA 02601 > 508-862-4778 > 508-778-2412 fax � •- rl > -----Original Message----- * From: Jen Cullum [mailto:jenlcullum@yahoo.com] > Sent: Tuesday, October 13, 2015 8 :42 AM >. To: Lynch, Tom > Cc: Scali, Richard; Anderson, Robin; Police Chief > Subject: Re: 145 Oak Neck > Thank you! ! > Sent from my iPhone- t , >> On Oct 13, 2015, at 8:38 AM, Lynch, Tom f >> <Tom.Lynch@town.barnstable.ma.us> wrote: >> Hello Richard, >> Would you please address Councilor Cullum's question about this >> property being on the Rental Registration program? I would be >> interested to know if this home has shown up in any other problem >> property requests or inspection reports. » >> Hi Chief! Is this property on the BPD's radar screen? >> Tom >> -----Original Message----= >> From: Jen Cullum [mailto:jenlcullum@yahoo.com]- >> Sent: Sunday, October 11, 2015 2 :03 PM >> To: Lynch, Tom >> Subject: 145 Oak Neck >> Hello Tom: >> Would you please chk and make sure that 145 oak neck is registered to >> rent rooms? She is renting to the homeless. We just moved in across >> the street an are dumbfounded by the traffic in and out of that >> house. >> We have called the cops about 8 times so far. Today we discovered a >> completely drugged out man in our back. yard.iIt's really disturbing. >> to >> state that this neighborhood is in. Any help- would be appreciated. >> Thanks Jen >> Sent from my iPhone 2 .. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION M\ap �/Parcel 001 Permit# S-0 S Health Division V 6�i ` ` :_�_:: n Date Issued l/ -3 0 tE Conservation Division t^� ��. ✓� ? r� �� Application Fee C 1 l! t 26 Tax Collector _ f.3 Permit Fee Treasurer Planning Dept. � NNE= ACCOUNT Date Definitive Plan Approved by.Planning Board ••�—•.- , Historic-OKH Preservation/Hyannis y- Project Street Address Village //,Y444413 ; Owner 3�n� 0, i 'A,; aL) Address /45— Or9�i��To�/UN/S Telephone 5N v _1q0P qO Permit Request ,Oyy wr �'�'� Q A5S\N&� UOT" ADD 55�ED POR 69, Square feet: 1 st floor: existing proposed 2nd floor: existing 12 proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Od Lot Size Grandfathered: ❑Yes A No If yes,attach supporting documentation. + Dwelling Type: Single Family U9 Two Family ❑- Multi-Family(#units) Age of Existing Structure 56 9S Historic House: ❑Yes >d No On'Old King's Highway: ❑Yes No Basement Type: Q1 Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new 'Half:existing new Number of Bedrooms: existing 02— new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑Gas 7h Oil ❑ Electric ❑Other Central Air: ❑Yes No Fireplaces: Existing New Existing wood/coal stove: ❑Yes No Detached garage:❑existing ❑new size Pool:O existing_ ❑new size Barn:❑existing ❑new size Attached garage: existing ❑new size Shed: 0 existing:❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ .Commercial ❑Yes 9 No If yes,site plan review#, Current Use Proposed Use / BUILDER INFORMATION Name F_I(T.S � ILSD/� Telephone Number Address MMY S( License# ®9:6 3 2 Home Improvement Contractor#; { Worker's Compensation# '1 D �452.®®� ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE lei ?�///�y ? FOR OFFICIAL USE ONLY i PERMIT NO. ` DATE•ISSUED MAP%PARCEL NO. ADDRESS VILLAGE �1 OWNER r DATE OF INSPECTION: FOUNDATION FRAME �2 Zoo S." �� INSULATION e� S0 FIREPLACE ' ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH n FINAL I ` FINAL BUILDING ` 1 r DATE CLOSED OUT ASSOCIATION PLAN NO. �c _ The Commonwealth of Massachusetts Department of Industrial Accidents 600 Washington Street Boston,Mass. 02111 , v� workers' Com ensation.Insurance Affidavit-General Businesses • name—_� #n^.�o5tt:� ., 'irk:tPt' "•�yjj�� 'rr°:w'.��r'4`"^' .r. � ` .,. „ r. �_•:3'a.3�sc§1 .. ' i1Li)�( �,� .. • address:3 7( ^^ YIu state: t/IA Zip: �2— phone 7 `fig 771 '7 �/� work site location full address : 6C )2 �� I am.a sole proprietor and have no one Business lypes E]Retail RestaurantBai/BatingEstablishment working in any capacity. ❑Office[1 Sales(including Real Estate,Autos etc.)• ❑I am an em to er with employees(full& %/ art time '[]Other O/% /G % %%%/ %/ �/O/% %/%��//%%%%�/%%/�/�/%� I abi an employer providing workers' compensation for my employees working on this jobti phone:.#.::, .irisiii:arice.eO'.:��:..,:� ,s" _ ..N� •t;�, u..... oh '� I am a sole proprietor and have hired the independent contractors listed below-who have the following workers' " compensation polices: com an••'name= r.' city � P _ . •yr. .i, ,•�: >�:'r••n' :.O]C <$f�: t•:.c�sr.•''`�•' .f.•:�, insurance co. :;''< .t :A:' .:'r «•w. 7 :' '..•.•. address:. ; ci�Y , _ .p_ � •.,�• 1 insuranceeo:•�::.•.,,•.�..<::••.::•:.,t=;::.;•.:•, .... Fallure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one years'imprisonment as weIl as c1vi1 penalties is the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. I do hereby ee un er the par an penalties of perjury that the inform ation provided above is true`and&reSignature Date %IZ�T pit PO Phone# � official use only do not write in this area to be completed by city or town official city or town: permit(Ucense# ❑Building Department ❑Licensing Board d' to response e is required ❑Selectmen's Office ❑'checkifimme �a p 4 ❑Health Department , contact person• phone#; ❑Other (revised SepL 2003) °FVE,ati Town of Barnstable Regulatory Services anxxsTnei.E, ' Thomas F.Geiler,Director MASS 1639. a Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION . MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. -V Estimated Cost 0 / Type of Work: ��+oh �OR�bI�� f'DN�Tl2 U G7lUr 42 Address of Work: 14< ©A ax Kp Owner's Name: L�N CA�g11'kA l Date of Application: I hereby certify that: Registration is not required for the following reason(s): OWork excluded by law ❑Job Under$1,000 E]Building not owner-occupied ❑Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: LAdim 411 Date Contractor Name Registration No. OR Date Owner's Name Q:forms:homeaffidav Town of Barnstable Regulatory Services vBAMSTABLE, Thomas F.Geller,Director Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.b arnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using ABuilder I erg as Owner of the subject property hereby authorize IZIILW DR4 n ; a_ �+�i�g to act on my behalf, in all matters relative to work authorized by this building permit application for: lye ©�kN� AQ tNd vivi c d14 (Address of Job) 12VOLI Signature of Owner 15ate Print Name f Q:F0RMS:0WNERPERNIISSI0N • RESIDENTIAL BUILDING PEPMT FEES APPLICATION FEE New Buildings $100.00 Residential Addition $50.00 . O D Alterations/Renovations $50.00 Building Permit Amendment $25.00 FEE VALUE WORKSHEET NEW LIVING SPACE square feet x$96/sq.foot= � D D x.0041= S O plus from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE square feet x$64/sq.foot= x.0041= plus from below(if applicable) GARAGES(attached&detached) square feet x$32/sq.ft.= x.0041= ACCESSORY STRUCTURE>120 sq.ft. >120 sf-500 sf $35.00 >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00 >1000 sf- 1500 sf 100.00 >1500 sf-Same as new building permit: square feet x$96/sq.foot= x.0041= STAND ALONE PERMITS Open Porch x$30.00= (number) Deck x$30.00= (number) _ Fireplace/Chimney x$25.00 (number) Inground Swimming Pool $60.00 Above Ground Swimming Pool $25,00 Relocation/Moving $150.00 above if applicable) (plus Permit Fee�66 /, SL Proicost Rev:063004. l }3oard ijfB 1 " o ; _ Bffii � �-�9guiati' HOME 1 k.. ons and Standards 'PROVEMENT Co ONrRACTOR .���0 142881 ' /28/2006 WEST BAY gU �- I JOSHU,q €€ 1 WILS f&� 34 MAIN STREE CENTERVILLE,Mq ~ Administrator 7. ILA f NI mb Bir i t 822 WJe KWA ►L 306 WEST SAY �� % Admjnistr'ator OSTERUILLEl ' '� .......... . mom y , mom ■mom mom MONO IMMEN � ■ No loom ONION ► , , ' No ■ ■r r■ ■� mom■ M ONION mom 0 mom No mom ■ / /r/ion 1, •_ �/ ��! �/RAT" .� WMA 1 L- -�L ► F- j } ( -'�--f' I , r Lam•--T � 1. .3 1.-.--.i..�-�.-ram- - •._....�.}.-•ram-. _ � � � , -} -} ..� I 1 i'.-..+.-�,-ter_---•-�-- , � , �. 1 1�'--I 1 - A ���� - - r 1 t ��!-� - _,ram f•'�.-�.!"_."_.1�.'"T-i+-{."`�"�--�-'-�}'-""�r.�.�R•-.-. 1_ i ram., �.�__. - ---�---.•^.Y-r'..^'tom"-'.-w--�^`.h'�"-".'.'�'^_•. t^.�r�.-Y--•.-.�-•--^-•-�--•�-.�'�'r.-••- 1 � , r.. � 4 Y+.L- 1 �S' -�- , Y � --. � 1 i f F F f--�'�-'i1.�.�•�--.y.�.--L. Y�-. f f r § a .._ I T o,s 9 ---�- - '� 6c �f. 1 L w � r � . -00 - p N i/ 1(0� I I CaJx P, F%4 ov I I I I I I 3 g � S 5 Al i v�Ar Opt r I � i r 1 i 1 4 I I i f r 1 1 1 ! Y I j d� F . Fvt A .. - - I Tr VID t 6H ° o C, ueo O i . I , ry f 1 + - ----- -�--� -ram__ �-.�--�-Y.�--.-f�i-"+-T_'_.'•_';�•'�^�:-�"'r}'�- ff. J �w._-+;�'��F��,.���T- i 1 i I 1 r • r 1 , Town U Barnstable Regulatory ServicesHARNSTABLF- . 9 MAS& Richard Scali, Director - Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 July j 1, 2016 Ms. Courtney Campeau 145 Oak Neck Road Hyannis,MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR410.000, STATE SANITARY CODE II — MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE CODE CHAPTER 170. The property owned by you located at 145 Oak Neck Road, Hyannis, MA was inspected 4 on July 11, 2016 by Timothy B. O'Connell, R.S., Health Inspector for the Town of Barnstable. This inspection was conducted on the basis of a complaint received at Town of Barnstable The following violations of the State Sanitary Code were observed: 105 CMR 410.500—Owner's Responsibility to Maintain Structural Elements Observed,two broken glass pane's on garage door. The following violations of the Town of Barnstable Code were observed: &54-4. Stagnant Water. Observed a hot tub with stagnant water within it and not covered. You are directed to correct all the State Sanitary Code violations listed above within thirty (30) days of your receipt of this notice and fourteen (14) days to remove water, from hot tub and cover it. You may request a hearing before the Board of Health if written petition requesting same is received within ten (10) days after the date the order is served. . However, said violations must be corrected within seven (24) hours regardless of any y request for a hearing. Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation: EFIR ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S., CHO Director of Public Health Town of Barnstable Return To: Citizens Mortgage Corporation 10 Tripps Lane g74 I}9143 49�i 95i Riverside, Ri 02915 Prepared By: 06-22-2004 aa1 =08m [Space Above This Line For Recording Data] MORTGAGE MIN 100256920531063848 DEFINITIONS . Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13,. 18, 20 and 21.'Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument"means this document, which is datedivae 17, 2004 together with all Riders to this document. (B) "Borrower" is SETH D CAMPEAU Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems,'Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS js organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. MASSACHUSETTS-single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3022 1/01 ®-6A(MA)mos).o1 ® S�Page 1 of 18 � InitlalS'- � VMP MORTGAGE FORMS-(800)521-7291 D06a01ma.uff(2103) 2053106384 Bk 18745 Pg 144 #49499 (D) "Lender" is Citizens Mortgage Corporation a Lender is a Corporation organized and existing under the laws of state of Rhode Island Lender's address is 10 Tripps Lane, Riverside, RI 02915 (E) "Note"means the promissory note signed by Borrower and dated June 17, 2004, The Note states that Borrower owes Lender two hundred nine thousand Dollars (U.S. $209,000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than July 1, 2034 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (11) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: ®Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider ❑Balloon Rider ❑Planned Unit Development Rider 0 1-4 Family Rider ❑VA Rider ❑Biweekly Payment Rider IX90ther(s) [specify] Exhibit "A" (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. W "Community Association Dues, Fos, and Assessments" means all dues, fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items"means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "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. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter, As used { - Initials: -8A(MA)t0006wi Page 2 of 15 Form 3022 1/01 D06aNma.uff(2/03) 21053106384 Bk 18745 Pg 145 #49499 in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i)the repayment of the Loan, and all renewals,extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the County of BARNSTABLE [Type of Recording Jurisdiction] [Name of Recording Jurisdiction]: BOOK 16090 PAGE 223 Parcel ID Number: MAP 3 07 PARCEL 111-1 which currently has the address of 145 OAK NECK ROAD [Street] HYANNIS [city] , Massachusetts 02601- [zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security .Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns)has the right: to exercise any. or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for, encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. dn-MMA)(0005wi Page 3 of 18 Form 3022 1l01 - m DO6a03ma.uff(2/03) 2053106384 Bk 18745 Pg 146 #49499 UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments i shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts Initlals:<e'�, OS 4•6A(MA)(oom).o1 Page of 15 Form 3022 1/01 006a04ma.uff(2103) 20531063B4 Bk 18745: Pg 147 #49499 due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity(including Lender, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments, If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the ` Initials: -6AIMA1(oou).oi Page 5 of 16 Form 3022 1/01 D0646ma.uff(2103) 2053106384 Bk 18745 Pg 148 #49499 lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee.Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and I shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and.shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with ' Initiala:� "�• d-6A(MA)wooet.of Page 6 of 15 Form 3022 1101 DO6a06ma.uff 12/031 2053106384 Bk 18745 Pg 149 #49499 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such,rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations,concerning Borrower's occupancy of the c Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable a Initlals:V ®-6A(MA)10oo5).oi Page 7 of 15 Form 3022 1/01 m DM07ma.uff 12/03) a 2053106384 Bk 18745 Pg 150 #49499 i attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain-these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does. not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has.agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. IniNals•� •6A{MA)(000e).of Page s of 1S Form 3022 1/01 D0808maxff(2/03) 2053106384 Bk 18745 Pg 151 #49499 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1.998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. . Initlals•.�� ®-6A(MA)(0005).01 Page 8 of 15 Form 3022 1101 D06a09ma.uff(2103) 2053106384 Bk, 18745 Pg 152 #49499 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 release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 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, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 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 rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies:a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. Initials:G vS- da-6At(MA)*om).01 Page 10 of 16 Form 3022 1101 D06a10ma.uff(2103) 2053106384 t , Bk 18745 Pg 153 #49499 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the,jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c)pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be Initial dM-6AIMA)(=5).oi page 11 of 15 Form 3022 1/01 006a11ma.uff(2/03) 2053106384 " I Bk 18745 Pg 154 #49499 one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer; the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or(c) which, due to the presence, use, or release of a. Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on.the Property of small quantities of Hazardous Substances that:are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. Initials; J -6AIMA)c000si.ot Pace 12 01 t; Form 3022 1101 006a12ma,uff(2103) 2053106384 Bk 18745 Pg 155 #49499 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b)the action required to cure the default; (c)a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE.and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE,Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall he sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and(c)any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument. Borrower shall pay any'recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes all rights of curtesy and dower in the Property. J •6A(MA)roo=.oi Page 13 of 16' Form 3022 1/01 D0603ma.uff(2/03) 2053106384 'Bk 18745 Pg 156 #49499 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: (Seal) Rebecca C. Richardson SZTx n umpEA Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower t: -6A(MA)(0005(.01 rage 14 of 15 Form 3022 1/01 OD D0604ma.uff(2/03) 2053106384 Bk 18745 Pg 157 #49499 COMMONWEALTH OF MASSACHUSETTS,BARNSTABLE County Ss: On this 17th day of .-rriNp Anna before me, the undersigned notary public personally appeared, SEM a CAMPER (narrle,Qf document signer), proved to me through satisfactory evidence of identification,which was/were (i.e.: drivers license, passport), to be the person(s)whose name(s) is/are signed on the preceding or attached document, and who swor affirmed to me that the contents of the document are truthful and accurate to the best of his/her knowledg�* '' ''�%,, ��` GA e��3ioi�•y'9�'�.,� G•o�;.2b':ZJb*Rip Q �� Z: .i , Y Q ' =L" Z: (official signature anaseW ESA C. RICHARDSON My Commision expires: 11.196.104 C - Initlels: �� -SA(MA)(0005).01 wage 15 at 15 Form 3022 1/01 D06al5mamff(2/03) 205.3106384 W 18745 Pg 158 #49499 2053106384 FIXED/ADJUSTABLE RATE RIDER (LIBOR One-Year Index(As Published In The Wall Street Journal)-Rate Caps) THIS FIXED/ADJUSTABLE RATE RIDER is made this 17th day of June, 2004 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Fixed/Adjustable Rate Note(the "Note")to Citizens Mortgage Corporation ("Lender") of the same date and covering the property described in the Security Instrument and located at: 145 OAR NECK ROAD HYANNIS, MA 02601- [Property Address] THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED. INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rate of 4.500%. The Note also provides for a change.in the initial fixed rate to an adjustable interest rate, as follows: 4, ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of July, 2009 , and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a"Change Date." MULTISTATE FIXED/ADJUSTABLE RATE RIDER-WSJ One-Year LIBOR-Single Family- Fannie Mae Uniform Instrument -168R (0108) Form 3187 6101 ®Page 1 of 4 Initials: e:31ZG VMP MORTGAGE FORMS- (800)521-7291 1 i D188r1.uff(2103) Bk 18745 Pg 159 #49499 2053106384 (B)The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the average of interbank offered rates for one-year U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C)Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding two and one-quarter percentage points ( 2.250 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point(0.125%). Subject to the limits stated in Section 4(D)below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D)Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.500 % or less than 2.250 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 9.500 %. (E)Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F)Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows: Initials:�C—� ®168R 10108) Page 2 of 4 Form 3187 6/01 D188r2.uff(2103) Bk 18745 Pg 160 #49499 2053106384 Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2. When Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument described in Section BI above shall then cease to be in effect, and the provisions of Uniform Covenant 18 of the Security Instrument shall be amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines 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 Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all Initials: �c 168R(0108) Page 3 of 4 Form 3187 6101 ' T D168r3.uff(2103) Bk 18745 Pg 161 #49499 2053106384 sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Fixed/Adjustable Rate Rider. andec�� eal) (Seal) SETH D CAMPEAU -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower . -Borrower (M®168R (0108) Page 4 of 4 Form 3187 6101 a D168r4.uff(2/03) Bk 18745 Pg 162 #49499 Exhibit A - Property Description Closing date: 06/17/2004 Borrower(s): Seth D. Campeau Property Address: 145 Oak Neck Road, Hyannis, Massachusetts 02601 The land with the buildings thereon, located in Barnstable, (Hyannis) Barnstable County, Massachusetts, being shown as LOT 1 on a plan entitled "Plan of Land in Hyannis, Barnstable, Massachusetts for Costas Tsoleridis, Scale 1" = 201 , dated Febraury 20, 1985, Thomas E. Kelley, Registered Professional Land Surveyor, 346 Long Pond Drive, South Yarmouth, Mass. 0266411 , which plan is recorded at the Barnstable County Registry of Deeds in Plan Book 395 Page 2 . Together with the right to use, the 15 foot private way shown on said plan as Lantern Lane for all purposes for which ways are commonly used. Meaning and intending the premises conveyed to the mortgagor by deed recorded in' Barnstable County Registry of Deeds in Book 16090 Page 223 to which deed reference is made for title. + . BgANSTABtE REGISTRY OF DEEDS