A N D
__________________, A BODY CORPORATE DOING THE BUSINESS
OF _____________, having registered Head Office at ____________________,
registered under the _________________________________, hereinafter
referred to as “THE MORTGAGEE” (which expression shall unless repugnant to
the context or meaning thereof be deemed to mean and include its
administrators, executors, successors in title and assigns etc.) PARTY OF
THE OTHER PART
WHEREAS the property bearing Plot No.________________ S. No.
____________________________ CTS No. _______________________ situated at
_______________ Tal. Haveli, Dist. Pune more particularly described in the
schedule written hereunder (hereinafter referred to as ‘THE
PROPERTY’).
ANDWHEREAS the said property was owned by
__________________________________
ANDWHEREAS the said society has divided the said property in
several plots and allotted the same to its members.
ANDWHEREAS the Mortgagor/Borrower is the member of said
society.
ANDWHEREAS the said plot No. _________________ is allotted to the
Mortgagor.
ANDWHEREAS the said owner of the property sold the said property
to Mortgagor by Sale Deed executed on ____________________ and the same is
registered in the office of the Sub-Registrar at Sr. No.
_____________________ on _______________and the same is in the possession
of Mortgagor.
ANDWHEREAS the Mortgagor approached the Mortgagee for a loan of
Rs. ______________for promotion of business.
ANDWHEREAS the mortgagee has agreed to lend and advance a sum of
Rs. __________/- to the Mortgagor his/her/ their request upon having the
repayment thereof, with interest and charges secured in the manner
hereinafter expressed.
ANDWHEREAS the Mortgagor have agreed to comply with the terms and
conditions for securing the said amount alongwith interest and
charges.
ANDWHEREAS the Mortgagor have agreed to mortgage the said
property in favour of the Mortgagee, as a security for repayment of said
loan alongwith interest and charges.
NOW THIS DEED WITNESSETH:-
1. In persuance of said agreement and in consideration of a sum
of Rs. __________/- paid on or before the execution of these presence by
the Mortgagee to the Mortgagor, the receipt whereof the Mortgagor hereby
acknowledge and confirm the Mortgagor do hereby agree with the Mortgagee
that the Mortgagor will repay the said amount alongwith interest @______%
p.a. with charges etc.
2. The Mortgagor assures that the amount of loan will be utilised
for the purpose for which it has been sanctioned. The Mortgagor agrees to
repay the said amount of advance alongwith interest @______% p.a. or at
such rate as may be fixed form time to time by the
_____________________.
3. The Mortgagor shall repay the principal sum advanced by to the
Mortgagor with interest in _______ monthly installments each of
Rs.________/- Rs._________/- plus/inclusive of interest.
The first of such installment of repayment shall become due on or
before the expiry of one month from the date of disbursement of loan and
subsequently each installment shall be due in each succeeding month till
the entire amount of loan along with interest and charges are paid in
full.
4. It is agreed by the mortgagor that each installment shall be
paid on or before 15th day of each month, reckoned as per the Gregorian
Calendar. If the mortgagor commits default in payment of any of the
installment on or before the said 15th day, then the mortgagor has agreed
to pay additional interest on each defaulted installment at the rate of
__% upto three months and __% onwards will be charged from the date of
default till the default is made good.
5. It is hereby agreed and declared that in case any of the
installments of principal or interest payable under these presents be not
satisfied on the dates herein before appointed for the payment of such
installments of principal or interest then the whole amount of principal
remaining unpaid together with interest due shall at once become payable
to the mortgagee and the mortgagee may forthwith enforce any of the
remedies of which a holder of a simple mortgage is entitled under the
transfer of Property Act.
6. It is hereby agreed and declared that in the event of default
by the mortgagor in repayment of mortgage money, interest and charges, the
mortgagee shall be entitled to take possession of the mortgaged property
and shall also be entitled to recover the sum outstanding against the
mortgagor under these presence and cause the mortgaged property to be sold
for realization of the amount accruing due to the mortgagee.
7. In case the proceeds of sale, together with the amount, if
any, otherwise realized from the mortgagor fall short of the total amount
due to the mortgagee then the mortgagee shall be entitled to recover the
balance from the person and other properties of the mortgagor.
8. The mortgagor will within one month form the date of these
presents insure and keep insured the mortgaged property from loss or
damages by fire, riot and other usual risks in full value thereof with the
Insurance Company approved by the mortgagee in joint name of Mortgagor and
Mortgagee, including in the said policy usual clause and will duly pay all
premiums and sums of money payable for that purpose and will deliver to
the mortgagee the policy for such insurance and the receipt for every such
payment within seven days after it shall become due and in case the
mortgagor shall refuse or neglect to keep the said mortgaged property
insured to the amount aforesaid or deliver such policy and receipts as
aforesaid then and in every such case it shall be lawful for the mortgagee
to insure the same to the amount aforesaid or any less amount and all sums
of money expended by the mortgagee in or about such insurance as aforesaid
with interest for the same @_____% per annum computed from the or
respective times of advancing the same shall be repaid by the mortgagor to
the mortgagee on demand and in the meantime shall be a charge on the
premises hereby mortgaged in addition to the principal and interest
thereon.
9. That the mortgagor agrees that all sums of money awarded as
compensation for acquisition of any portion of the mortgaged property by
Government or Municipal or railway or any Authority shall be receivable by
the mortgagee direct on behalf of the mortgagor and that such money as
well as moneys received under and by virtue of any such insurance as
aforesaid shall at the option of the mortgagee either be forewith applied
in or towards the payment of principal money, interest and costs for the
time being remaining due on the security for these presents.
10. For the consideration aforesaid and in further pursuance of
the said agreement the mortgagor hereby grants and transfers by way of
simple mortgage unto the mortgagee all the property described in the
schedule hereto together with all rights, easements, and appurtenances
thereto and all his/her/their rights, title and interest in and to the
said premises hereby mortgaged shall remain and be charged by way of
simple mortgage and free from all encumbrances as security for the payment
to the mortgagee of the said principal money interest and costs in
accordance with the convenants hereinbefore contained.
11. That the mortgagor shall allow the mortgagee its servants,
agents and surveyors at all reasonable times to enter the said premises
and view and examine the state and condition thereof.
12 .The mortgagor hereby convents with the mortgagee that the
mortgaged property is free from all or any encumbrances and shall not
sell, gift, exchange, mortgage or alienate in any other manner nor shall
assign his/her/their interest in the said property of whatsoever nature,
nor shall create any charge or encumbrance on the said property during the
subsistence of the mortgage.
13. The mortgagor undertake to pay all the tax, dues cesses and
outgoings in respect of the mortgagor property regularly and punctually
and produce the receipts thereof to the mortgagee for verification and
record.
14 . The mortgagor undertake that he/she/they will deposit with
the mortgagee all the original documents of the mortgaged property.
15. The mortgagor undertakes that he/she/they will bear all
expenses such as stamp duty, advocate fees, registration charges and other
incidental expenses in connection with this deed.
16. The mortgagor agrees that if he/she/they commits default in
making the payments of installment then the mortgagee shall be entitled to
call back the entire amount of balance with interest then due and in that
case the mortgagor will have to make the payment forewith and will not be
entitled to claim the benefit of concession of installment or the excuse
the payment of additional interest.
17. It is agreed by and between the parties that the said
property/properties is to stand as a continuing security for the credit
limit/loan sanctioned by the mortgagee to the borrower/mortgagor and it
will be enforceable for all monies which may at any time become due and
owing by the borrower/mortgagor to the mortgageee/lender under the said
credit account and/or all other accounts, was after expiry of the
period.
ALL THAT PIECE AND PARCEL OF LAND AND BUILDING
nowstanding and hereinafter constructed along with all the rights
appertaining to it bearing plot no.______________________
cts.no______________________ dist. Pune situated within the registration
sub-district haveli and dist-pune and also within the limits of
P.M.C/P.C.N.T.D. Authority admeasuring about _____________sq. mtrs. I.e.
_____________sq. ft. and bounded as follows:-
ON OR TOWARDS EAST:
ON OR TOWARDS SOUTH:
ON OR TOWARDS WEST :
ON OR TOWARDS NORTH:
IN WITNESS WHEREOF the parties to this Deed have set
their respective hands and seal on the day and date mentioned hereinabove
at _________.
WITNESS :
1)_______________
2)_______________
MORTGAGOR
1)_______________
2)_______________
MORTGAGEE