DEED OF MORTGAGE
THIS DEED OF MORTGAGE IS MADE ON ______________________ DAY OF THIS MONTH OF _________IN THE YEAR _______.
BETWEEN
___________________________________Age about _________years, Occupation - Service / Business R/o. ____________________________
________________________________________________ Age about _________years, Occupation - Service / Business R/o. ____________________________
_________________________________________________ Age about _________years, Occupation - Service / Business R/o. ____________________________ Hereinafter called the MORTGAGOR (which expression shall unless repugnant to the context or meaning thereof be a deemed to mean and include his/her/their/ heirs, legal representative, administrators, successors, executors in title and assigns) PARTY OF THE FIRST PART
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 _______________ 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