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Mortgage Form. This is a Massachusetts form and can be use in District Court Federal.
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Tags: Mortgage, Massachusetts Federal, District Court
MORTGAGE
THIS MORTGAGE is made this ________ day of ___________________,
20___, between _______________________________________________,
presently residing at ________________________________________
(herein "Mortgagor(s)"), and the Clerk of the United States
District Court for the District of Massachusetts, United States
Courthouse, 1 Courthouse Way, Boston, Massachusetts (herein
"Mortgagee").
WITNESSETH, for consideration paid and to secure a personal bond
of even date for ________________________________________ (herein
"Defendant"), in Criminal No. ________________, before the United
States District Court for the District of Massachusetts (herein
"Court"), in the amount of ____________________________________
($_________________) Dollars executed by the Defendant and the
Mortgagor(s) in favor of the United States of America, and to
secure due observance and performance of the obligation, terms,
and conditions as set forth in an Order Setting Conditions of
Release dated __________________, 20 ___, and filed with the
Court, and to further secure the performance of all other
covenants and agreements of or by the Defendant and Mortgagor(s)
herein for the benefit of the Mortgagee, which may now exist or
may hereafter exist or accrue while this Mortgage is still
undischarged of record, and in furtherance of and pursuant to an
escrow agreement made this day between the Mortgagor(s), the
United States Attorney for the District of Massachusetts and the
Mortgagee, the Mortgagor(s) hereby mortgage, with power of sale,
the following parcel of real property, with the following
covenants thereon, situate, lying and being in the County of
______________________________, Commonwealth of Massachusetts,
and more particularly described in the following deed:
A deed from ______________________________________________
to _______________________________________________________
dated ____________________, 20___, and recorded in the
____________________________ County Registry of Deeds at
Book ________, Page ________;
TOGETHER with all the improvements now or hereafter erected on
the property, and all easements, rights, appurtenances, rents
royalties, mineral, oil and gas rights and profits, water, water
rights, and water stock, and all fixtures now or hereafter
attached to the property, all of which, including replacements
and additions thereto, shall be deemed to be and remain a part of
the property covered by this Mortgage; and all of the foregoing,
together with said property are hereinafter referred to as the
"Property."
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-2THE MORTGAGOR(S) covenant with the Mortgagee as follows:
1. That the Mortgagor(s) shall pay the indebtedness as
hereinbefore provided.
2. That the Mortgagor(s) will keep the Property insured against
loss by fire or hazards included within the term "extended
coverage" for the benefit of the Mortgagee; that the Mortgagor(s)
will assign and deliver the policies to the Mortgagee; and that
the Mortgagor(s) will reimburse the Mortgagee for any premiums
paid or insurance made by the Mortgagee on the Mortgagor(s)'s
default in so insuring the Property or in so assigning and
delivering the policies. However, the Mortgagee shall never be
required to maintain insurance of any type or description on the
Property.
3. That the Mortgagor(s) shall keep the Property in good repair
and shall not commit waste or permit impairment or deterioration
of the Property, and no building on the Property shall be removed
or demolished without the consent of the Mortgagee.
4. That the Mortgagor(s) will pay all taxes, assessments or
water rates, and in default thereof, the Mortgagee may, but is
not required to, pay the same. In the event that the Mortgagee
elects not to pay the same, the Mortgagee is not required to so
notify the Mortgagor(s).
5. That the proceeds 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, said proceeds not to exceed the dollar
amount of the personal bond secured by this Mortgage, shall be
delivered to the Mortgagee, who shall hold such proceeds in a
non-interest bearing escrow account until either (A) the personal
bond has been discharged by the Court, whereupon, and only upon
an order of the Court, the Mortgagee shall deliver said proceeds
to the Mortgagor(s), or (2) the Defendant fails to observe the
Order Setting Conditions of Release and is defaulted by a
judicial officer of the Court, whereupon the proceeds shall be
disbursed for the benefit of the United States of America in
accordance with, and only upon, an order of the Court.
6. That notice and demand or request may be made in writing and
may be served in person or by mail.
7. That the Mortgagor(s) will warrant and defend the title to
the Property against all claims and demands.
8. That the Mortgagor(s) will create no further encumbrances of
any kind against the Property.
9. That the Mortgagor(s), in case a sale shall be made under the
power of sale, will, upon request, execute, acknowledge and
deliver to the purchaser or purchasers a deed or deeds of release
confirming such sale, and that the Mortgagee is appointed and
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-3constituted the attorney irrevocable of the Mortgagor(s) to
execute and deliver to said purchaser a full transfer of all
policies of insurance on the Property at the time of such sale.
10. That the holder of this Mortgage, in any action to foreclose
it, shall be entitled to the appointment of a receiver.
11. Notwithstanding any other agreement between the Mortgagor(s)
and Mortgagee, or any provision of law, the Mortgagee shall not
be required to discharge this Mortgage except upon order of the
Court. It shall be the obligation of the Mortgagor(s) to furnish
the Mortgagee with a certified copy of said order.
IN WITNESS WHEREOF, this Mortgage has been duly executed by the
Mortgagor(s).
______________________________
______________________________
______________________________
______________________________
_______________
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, SS
On _____________________
Then personally appeared ________________________________________
and acknowledged the foregoing to be __________ free act and deed
before me.
______________________________
NOTARY PUBLIC
My Commission Expires: _________________
(MORTGAGE FORM.wpd - 05/2001)
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