VIEWS: 11 PAGES: 16 CATEGORY: Legal Forms POSTED ON: 11/1/2012
Place a mortgage on a residential property with this New Hampshire fixed rate mortgage form. - The mortgage form contains both uniform (multistate) covenants and non-uniform covenants specific to New Hampshire law, including how attorneys' fees will be awarded in the event of a lawsuit. - The mortgage is being granted to the lender as additional security for a mortgage loan, plus any additional prepayment or late payment charges, plus interest on all of the indebtedness. - This is a standard form of mortgage for a single family dwelling. New Hampshire Residential Mortgage form, available in MS Word format.
Document prepared by (after recording return to): Name: Address: City, State, Zip: Phone: --Above this line reserved for official use only-- MORTGAGE This Mortgage is made this _____ day of _______________, 20_____, between Borrower, _______________________ (name of Borrower(s)) and Lender, ______________________________ (name of Lender). DEFINITIONS Terms used throughout this document are defined below. Certain rules regarding the usage of terms applied in this document are as follows: As used in this Mortgage: (a) words importing the masculine gender shall mean and include corresponding words importing the feminine or neuter genders, as the context requires; (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. (A) “Mortgage” refers to this Mortgage for the State of New Hampshire, dated the _____ day of _____________, 20______, together with all Riders to this document. (B) “Borrower” is ____________________________ (name of borrower). Borrower is the mortgagor under this Mortgage. Borrower’s mailing address is: _______________________________________________. (C) “Lender” is ________________________________________ (name of mortgage lender), whose mailing address is ____________________________________________. Lender is a ____________________ (indicate type of corporate entity, e.g. corporation) organized and existing under the laws of ________________________. Lender is the mortgagee under this Mortgage. (D) “Note” refers to the promissory note signed by Borrower and dated the ______ day of _________________, 20______. The Note states that Borrower owes Lender _______________ DOLLARS (USD $________________) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full no later than the _______ day of __________________, 20______. -2- (E) “Property” refers to the property that is described below under the heading “Transfer of Rights in the Property”. (F) “Loan” refers to the debt evidenced by the Note, plus interest, any applicable prepayment charges and late charges due under the Note, and all sums due under this Mortgage, plus interest. -3- (G) “Riders” refers to all Riders to this Mortgage that are executed by Borrower. The following Riders are to be executed by Borrower (check all that apply): Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Other(s) (specify): Rider 1-4 Family Rider Biweekly Payment Rider (H) “Applicable Law” refers to all applicable federal, state, and local statutes, regulations, ordinances, and administrative rules and orders that have the effect of law, as well as all applicable final, non-appealable judicial opinions. (I) “Community Association Dues, Fees, and Assessments” refers to all dues, fees, assessments, and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association, or similar organization. (J) “Electronic Funds Transfer” refers to 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. Said funds include, but are not limited to, point- of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) “Escrow Items” refers to those items that are described in Section 2. (L) “Miscellaneous Proceeds” refers to 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 (a) damage to, or destruction of, the Property; (b) condemnation or other taking of all or any part of the Property; (c) conveyance in lieu of condemnation; or (d) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) “Mortgage Insurance” refers to insurance protecting Lender against the nonpayment of, or default on, the loan. (N) “Periodic Payment” refers to the regularly scheduled amount due for principal and interest under the Note, plus any amounts under Section 2 of this Mortgage. (O) “RESPA” refers to the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Mortgage, “RESPA” refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan” even if the Loan does not qualify as a “federally related mortgage loan” under RESPA. (P) “Successor in Interest of Borrower” refers to 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 Mortgage. TRANSFER OF RIGHTS IN THE PROPERTY This Mortgage secures to Lender: (a) the repayment of the Loan and all renewals, extensions, and modifications of the Note; and (b) the performance of Borrower’s covenants and agreements under this Mortgage and the Note. For this purpose, Borrower irrevocably mortgages, grants and conveys to Lender, with power of sale, the following described property located in the County of _____________________: (give the legal description of the property) -4- which is currently located at _______________________________ (street address), ____________________ (city/town), New Hampshire, _______________ (zip code) (hereinafter referred to as the “Property Address”). TO HAVE AND TO HOLD unto Lender and Lender’s successors and assigns, forever, together with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and rents (subject, however, to the rights and authorities given herein to Lender to collect and apply such rents), and all replacements and additions, all of which shall be deemed to be and remain a part of the property covered by this Mortgage, and all of the foregoing, together with the Property (or the leasehold estate if this Security Investment is on a leasehold) are hereinafter referred to as the “Property”. BORROWER COVENANTS that Borrower is lawfully seized 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 covenants that Borrower will warrant and defend generally the title to the Property against all claims and demands, subject to encumbrances of record. THIS MORTGAGE combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform Mortgage covering real property. UNIFORM COVENANTS – Borrower and Lender covenant and agree as follows: 1. PAYMENT OF PRINCIPAL, INTEREST, AND CHARGES: Borrower shall promptly pay in US Currency, when due, the principal and interest indebtedness evidenced by the Note and any prepayment and late charges as provided in the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 2. If any check or other instrument received by Lender as payment under the Note or this Mortgage is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Mortgage be made in any of the following forms, as chosen by Lender: (a) cash; (b) money order; (c) Electronic Funds Transfer; or (d) 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. Payments are considered received by Lender when received at the location designated in the Note, or at such other location as designated by Lender, in accordance with the notice provisions detailed in Section 15. Lender may return all or any portion of a payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any amount of payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such 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 until Borrower makes payment to bring the Loan current. If Borrower does not do so within what Lender deems 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 may have, now or in the future, against Lender shall relieve Borrower from making payments due as provided by the Note and this Mortgage, or performing the covenants and agreements secured by this Mortgage. 2. FUNDS FOR ESCROW ITEMS: Subject to Applicable Law or a written waiver by Lender, Borrower shall pay to Lender on the day Periodic Payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (hereinafter referred to as the “Funds”) to provide for payment of amounts due for (a) the yearly taxes and assessments which may attain priority over this Mortgage as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premium installments for any and all insurance required by Lender hereunder; and (d) premium installments for Mortgage Insurance, if any, or any sums payable by Borrower to Lender in -5- lieu of the payment of Mortgage Insurance premiums in accordance with Section 11. These items are referred to as “Escrow Items”. 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 must promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender for the Funds for Escrow Items, unless Lender, at any time, in writing, waives Borrower’s obligation to pay to Lender Funds for any or all Escrow Items. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Item 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”, as that phrase 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 be obligated to repay to Lender any such amount. Lender may revoke such waiver 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 2. Lender may, at any time, collect and hold Funds in an amount sufficient to permit Lender to apply the Funds at the time specified under RESPA, and 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. If Borrower pays Funds to Lender, the Funds shall be held in an institution, the deposits or accounts of which are insured or guaranteed by a federal agency, instrumentality or entity (including Lender if Lender is such an institution) 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 may not charge Borrower for holding and applying the Funds, annually analyzing said account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower. However, unless such agreement is made or Applicable Law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of Funds held in escrow, as defined under RESPA, together with the future installments of Funds payable prior to the due dates of Escrow Items, shall exceed the amount required to pay the Escrow Items as they fall due, Lender shall account to Borrower for the excess funds in accordance with RESPA. If the amount of Funds held in escrow, as defined under RESPA, shall not be sufficient to pay the Escrow Items as they fall due, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender any 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 Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. 3. APPLICATION OF PAYMENTS: Except as otherwise set out herein, all payments accepted and applied by Lender under the Note and Sections 1 and 2 of this Mortgage shall be applied in the following order of priority: (a) first to interest payable on the Note; then (b) to the principal due under the Note; then (c) in payment of amounts, if any, due under Section 2. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to -6- late charges, second to any other amounts due under this Mortgage, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for any delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and late charge. If Borrower is late on more than one Periodic Payment, 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 in full to 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. 4. CHARGES; LIENS. Borrower shall pay all taxes, assessments, and other charges, fines, and impositions attributable to the Property, which could attain a priority over this Mortgage, and leasehold payments or ground rents on the Property, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 2. Borrower shall promptly discharge any lien which has priority over this Mortgage unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only to the extent that Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against the 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 time as the proceedings are resolved; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Mortgage. If Lender deems that any part of the Property is subject to a lien which can attain priority over this Mortgage, Lender may give Borrower a notice identifying the lien. Within ten (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 in this Section 4. Lender may charge Borrower a one-time fee for a Real Estate Tax Verification and/or reporting service used by Lender in connection with this Loan. 5. PROPERTY INSURANCE: Borrower shall keep the improvements, now existing or hereafter erected on the Property, insured against loss by fire, hazards included in the term “extended coverage”, and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance, and in such amounts (including amount of deductible) and for such periods as Lender may require. Lender’s requirements under this Section may change during the term of the Loan. 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. Lender may require Borrower to pay, in connection with this Loan, either a one-time charge for flood zone determination, certification and tracking services; or a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which might reasonably 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. All insurance policies and renewals shall be in form acceptable to Lender and shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender so requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage for damage to, or destruction of, the Property, over and above the insurance coverage required -7- by lender, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as additional loss payee. If Borrower fails to maintain any of the coverages detailed above, Lender may at its option obtain insurance coverage of their choice, at Borrower’s expense. Lender is not obligated to purchase any particular type or amount of coverage, therefore, coverage shall cover Lender but may or may not protect Borrower, Borrower’s equity in the Property, or the contents of the Property against any risk, hazard, or liability, and may provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage obtained by Lender may 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 Mortgage. Interest shall be applied to these amounts at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. 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 Borrower and Lender otherwise agree in writing, any insurance proceeds, whether or not the underlying policy was required by Lender, shall be applied to restoration and/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, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to insure the work has been completed to Lender’s satisfaction, provided that such inspection is carried out in a timely manner. Lender may disburse proceeds for the repair and restoration in one payment or several progress payments, as Lender deems fit. 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. Borrower is solely responsible for the payment of fees for public adjusters or other third parties retained by Borrower. Such fees shall not be paid out of the insurance proceeds. If 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 Mortgage, whether or not due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 3. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower fails to respond within 30 days from the date written notice is given by Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. 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 unpaid amounts under the Note or this Mortgage, 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 Mortgage, whether or not then due. 6. OCCUPANCY: Within sixty (60) days after the execution of this Mortgage, and for at least one year after the date of occupancy, unless Lender otherwise consents in writing (which consent shall not be unreasonably withheld) or unless extenuating circumstances exist which are beyond Borrower’s control, Borrower shall establish, and continuously occupy and use the Property as Borrower’s principal residence. 7. PRESERVATION AND MAINTENANCE OF PROPERTY; INSPECTIONS: Borrower shall keep the Property in good repair and shall not commit waste or permit damage, and shall maintain the Property in order to prevent deterioration or a decrease in value due to its condition, whether or not Borrower is residing in the Property. -8- 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 held responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for repairs and restoration in one or more payments, as Lender deems fit. If the insurance or condemnation proceeds are insufficient for repair or restoration of the Property, Borrower is not relieved of Borrower’s obligation for the completion of such repairs or restoration. Lender or Lender’s agent may make reasonable entries upon the Property for the purpose of inspection. If there is 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 on behalf of Borrower or with Borrower’s knowledge or consent, gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower’s occupancy of the Property as Borrower’s principal residence. 9. 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 which materially affects Lender’s interest in the Property and/or rights under this Mortgage (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien who may attain priority over this Mortgage or to enforce laws or regulations), or if Borrower abandons the Property, then Lender, at Lender’s option, may make such appearances, disburse such sums, and take such steps as are necessary to protect Lender’s interest in the Property and rights under this Mortgage, including protecting and/or assessing the value of the Property, and securing and/or making repairs to the Property. Lender’s actions may include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Mortgage; (b) appearing in court; and (c) paying reasonable attorneys’ fees to protect its interest in the Property and/or rights under this Mortgage, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, gaining entry to 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 turn utilities on or off. Although Lender may take action under this Section 9, Lender is under no duty or obligation to do so. It is agreed that Lender shall incur no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender pursuant to this Section 9 shall become additional indebtedness of Borrower secured by this Mortgage, bearing interest at the Note rate from the date of disbursement, and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. If this Mortgage is on a leasehold, Borrower shall comply with all 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 such merger in writing. 10. MORTGAGE INSURANCE: If
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