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DEED OF SECOND MORTGAGE  I am ……………………………………………….,, aged about _________ years, Son of Sri ______________________, Resident of ______________________  WHEREAS I am absolute owner in possession of the ……………………………………………. built house, situate in _________ and numbered _________ on the _________ Road, city _________, more specifically described and detailed in the First Schedule hereto, the same having been purchased by me from my own monies from Sri ___________________ under a duly executed deed, dated _________and registered on __________________________ at the Sub-Registry Office of _____________________;  AND WHEREAS I have already borrowed on the security of the said dwelling house a sum of Rs _________ and executed a simple mortgage deed, dated _________, in favour of Sri _________, resident of __________________________, registered as document No___________ . in Book _________, Volume _________, on pages _________, with the Sub-Registrar of _________on _________; AND WHEREAS I am in need of further money and Sri ______________, aged about _________years, son of Sri _________________________, Resident of __________________________, is on my request willing to advance to me a sum of Rupees _________(Rs _________) only on the security of the said house.  NOW THEREFORE THIS DEED OF SECOND MORTGAGE WITNESSES as under:  1. That in consideration of the sum of Rupees _________ (Rs _______________________________) only received by me in the manner detailed in the Second Schedule hereto, which said sum of Rupees _________ (Rs _______________________________________________) only I hereby acknowledge having received in full, I hereby promise and agree to repay with interest at the rate of _________ per cent per annum with six monthly rests within a period of _________ years from the execution of this deed. 2. That by way of security for the due performance of the above covenant to repay I hereby transfer by way of second simple mortgage my said ………………………… built dwelling house situate in _________ and numbered _________ on the _________ Road in the city of _________, more specifically described and detailed in the First Schedule hereto.  3. That all interest will be cleared every six months and all payments made by me will be first credited towards interest due and thereafter applied towards satisfaction of the principal. 4. That on failure by me or my heirs, successors or assigns to fulfil any one or more of the terms herein stipulated the said Sri ___________________________, his heir ____________________, successors and assigns shall have the option at his or their discretions, (failure to exercise such option being expressly understood not to mean any waiver whatsoever) to claim the full amount, capital and all interest then due and to recover the same, together with all costs from the property or the person of me, my heirs, successors and assigns.  5. That I, on behalf of myself, my heirs, successors and assigns further promise and agree to keep the said dwelling house, hereby transferred free from all further encumbrances, charges and liens, to pay all taxes, to make and conduct all repairs and to generally keep the same in good and tenantable condition. IN WITNESS whereof I, the said ………………….., have hereunto at ________ before the witnesses present signed and executed this deed on this the _________day of _________in the year _________ Witnesses: Sd. ………………………….  Mortgagor. FIRST SCHEDULE  (Detailed Description of Property)  Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

DEED OF ENGLISH MORTGAGE BETWEEN AN INDIVIDUAL AND A FIRM OF MONEY LENDERS   Download Word Document In English. (Rs. 65/-) Download PDF Document In Hindi. (Rs. 45/-) THIS DEED OF MORTGAGE is made at ... this ... day of ... between Mr. A ... residing at ... hereinafter referred to as 'the Mortgagor' of the One Part, and (1)... (2) ... (3)... all of ... carrying on business In partnership An the name of M/s ... as financiers and money lenders and having their office at ... hereinafter referred to as the Mortgagees (which expression shall also include the partners or partner for the time being of the said Firm, the survivors or survivor of them and the heirs, executors, administrators of the last surviving partner. their or his assigns ) of the Other Part:    WHEREAS the Mortgagor is seized and possessed of and otherwise well and sufficiently entitled to a piece of land with a building thereon situate at ... and more particularly described in the Schedule hereunder written.    AND WHEREAS the Mortgagor being in need of money for the purpose of making certain family expenses has requested the Mortgagees to advance to him a sum of Rs... on the security of a First Legal English Mortgage of his said property, which the Mortgagees have agreed to do on the Mortgagor executing these presents.    NOW THIS DEED WITNESSETH as follows: -    1. Covenant to pay principal :-    That in pursuance of the aforesaid agreement and in consideration of the sum of Rs... (Rupees ... ) on or before the execution of these presents advanced by the Mortgagees to the Mortgagor (receipt whereof the Mortgagor doth hereby acknowledge) he the Mortgagor doth hereby covenants with the Mortgagees that the Mortgagor will pay to the Mortgagees in ........ the said sum of Rs... on the ... day of... (hereinafter referred to as 'the due date' which expression shall also mean the date on which the amount hereby secured becomes due and payable under and by virtue of any of the terms of these Presents Irrespective of whether the said date has expired or not)    2.                  Covenant to pay Interest :-    The Mortgagor will In the meantime pay to the Mortgagees interest on the said amount of Rs... at the rate of... per cent per annum from the date hereof by monthly rests, the first of such payment to be made on the ... day of ... next and the subsequent payments to be made regularly at the expiration of each month and will also pay thereafter, in case and so long as the said principal sum of Rs... or any part thereof shall remain unpaid to the Mortgagees, interest on the same or for so much thereof as shall for the time being remain unpaid at the rate of ... per cent per annum by monthly rests on the ... day of each and every month in the manner aforesaid.    3. Covenant to pay compound Interest :-    And IT IS HEREBY AGREED AND DECLARED THAT (i)                     if default shall be made In payment of any one Instalment of Interest hereby reserved or any part thereof at the respective times hereinbefore appointed In that behalf then and In every such case the unpaid Instalment of Interest or part thereof shall be added to the mortgage debt for the time being then due as or in the nature of a further advance and shall thereon carry further interest at the like rate of ... per cent per annum which shall be deemed to accrue due and become payable from time to time on the respective days hereinbefore appointed for the payment of interest on the original principal sum so that by the addition and capitalisation of interest as aforesaid the total principal moneys hereby secured may be augmented upon the footing of an accumulation by way of compound interest computed at ... percent per annum with rests taken and made very month and that all such additions by way of capitalised interest (whether on the original principal sum or any interest added thereto as aforesaid) shall be chargeable upon the mortgaged premises and shall to all intents and purposes be within the scope and operation of the present security including all covenants, powers and provisions contained herein which are rendered applicable by reference or otherwise to such additions.    (ii)                   That the aforesaid provisions shall not in any way be deemed to authorise the Mortgagor to refuse to pay any interest or allow any interest to fall in arrears unless permitted to do so by the Mortgagees nor shall anywise interfere with or prejudice limit or affect the powers of sale under section 69 of the Transfer of Property Act or under these Presents or of entry or any other powers or remedies for securing and enforcing payment of the mortgage debt hereinafter contained and that the Mortgagor shall. notwithstanding the capitalisation thereof, upon demand pay the Mortgagees any interest which shall be capitalised hereunder and any interest which shall accrue due thereon.    4. Grant of the premises as security :-   AND THIS DEED FURTHER WITNESSETH that in further pursuance of the said Agreement and for the consideration aforesaid the Mortgagor doth hereby grant, and transfer unto the Mortgagees all the said piece of land together with the building and structures now standing or to be hereafter erected thereon or any part thereof and situated at ... and more particularly-. described in the Schedule hereunder written, together with all and singular the thing attached thereto or standing thereon and all the rights, liberties, privileges, casements, advantages and appurtenance whatsoever to the said land and premises or any part thereof belonging or in anywise appertaining or usually held or enjoyed or occupied therewith or reputed to belong or be appurtenant thereto and all the estate, right, title, interest, property claim and demand whatsoever of the Mortgagor and every part thereof TO HOLD the said lands and other the premises hereby granted or expressed so to be unto and to the use of the Mortgagees absolutely but subject to the provision for redemption hereinafter contained.    5. Covenant for redemption :- PROVIDED ALWAYS AND IT IS HEREBY AGREED, DECLARED that if the Mortgagor shall pursuant to the covenant in that behalf hereinbefore contained pay to the Mortgagees In (city) the said sum of Rs... with interest for the same at the rate and in the manner hereinbefore mentioned and also all other the moneys, costs charges, and expenses by law or under these presents payable by the Mortgagor to the Mortgagees (hereinafter referred to as 'the Mortgage debt') then and In such case the Mortgagees shall upon the request and at the costs, charges and expenses of the Mortgagor retransfer the said land and premises described in the Schedule hereunder written and all other the premises hereby granted or expressed so to be (hereinafter referred to as 'the mortgaged premises') unto the Mortgagor or the person entitled to such transfer or as he may direct or If the Mortgagees are not In possession of the Mortgaged premises. the Mortgagees shall if so required by the Mortgagor or any subsequent encumbrance and at the costs. charges, and expenses of the mortgagor or such encumbrance, assign the Mortgage debt and transfer the mortgaged premises to such third person as the Mortgagor or such encumbrance may direct and shall also deliver to the Mortgagor or such third person as the case may be. this Mortgage Deed and all documents relating to the mortgaged premises which shall be in the possession or power of the Mortgagees.    6. Mortgagor to remain in possession:-    AND IT IS HEREBY FURTHER AGREED BY AND BETWEEN THE PARTIES HERETO THAT,    (a)               so long as the aforesaid right of redemption subsists the Mortgagees shall allow the Mortgagor at all reasonable times and at his request and at his own costs and on payment of the costs and expenses of the Mortgagees in that behalf, to inspect and make copies or abstracts of or extracts from the said documents of title relating to the mortgaged premises which shall be In the custody or power of the Mortgagees.    (b)               THAT until default is made by the Mortgagor in payment of the said principal sum or Interest or any part thereof the Mortgagor shall remain in the possession of or in receipt of the rents and profits of, the Mortgaged premises provided that the Mortgagor shall. while in possession of the mortgaged premises as aforesaid, have no power to make any leases thereof -save and except (i) with the previous consent In writing of the Mortgagees and (ii) for such period and on such terms and conditions as the Mortgagees shall in their absolute discretion think proper.    7. Covenant of title and other covenants by Mortgagor.-    AND THE MORTGAGOR DOTH HEREBY COVENANT WITH THE MORTGAGEES THAT    (a) Covenant of title:-  The Mortgagor now has good right and full power to grant and mortgage the said land and building and other the premises hereby granted or transferred or expressed so to be and every part thereof unto and to the use of the Mortgagees in manner aforesaid.    (a)               Power to take possession:-  If default shall be made in payment of the said sum of Rs... or interest thereon or any part thereof respectively on the days hereinbefore appointed for payment of the same respectively the Mortgagees may at any time thereafter enter into and upon the said mortgaged premises or any of them or any part thereof in the name of the whole and shall thenceforth quietly possess and enjoy the same and receive the rents income and profits thereof without any lawful interruption or disturbance whatsoever by the Mortgagor or any person or persons lawfully claiming under him or any of them and shall. until the Mortgagor shall have tendered or deposited under section 83 of the Transfer of Property Act, 1882. the amount for the time being due under these presents, be at, liberty (but under no obligation) to pay thereout the Government revenue and all other charges of a public nature and all rent (if any) accruing due in respect of the mortgaged premises during such possession and any arrears of rent in default of payment of which the land and premises may be summarily sold and all expenses incurred for the management of the mortgaged premises and the collection of rents, Income and profits. and all other outgoing including costs of repairs (if any) of the mortgaged premises as agent of the Mortgagor with Interest thereon at the rate provided under these presents and shall appropriate the net rents, income and profits or the surplus thereof over the outgoing (if any) in reduction of the amount from time to time due to them on account of Interest accruing due to them under the covenant hereinbefore contained in that behalf and if there be any surplus, shall appropriate the same In reduction or discharge of the principal of the mortgage debt.    (c) Power on possession:-  It shall be lawful for the Mortgagees at any time after taking possession of the mortgaged premises, to make improvements thereon as they may in their discretion think proper and the Mortgagor will on redemption pay the Mortgagees the costs thereof in addition to the Mortgage debt with interest at the same rate as is payable on the principal amount due under these presents and that until such repayment the same shall he a charge upon the mortgaged premises and that the Mortgagees shall not be accountable for or be liable to give credit for the profits (if any) accruing by reason of the said Improvements.    (d) Mortgagor the Licensee:-  In case the Mortgagees enter Into possession of the Mortgaged premises or any part thereof the Mortgagor shall be deemed to be the licensee of the Mortgagees of the portion of the mortgaged premises occupied by him and the Mortgagor shall pay to the Mortgagees reasonable occupational compensation and It shall be lawful for the Mortgagees to eject the Mortgagor on giving one month's notice to quit.    (e) Covenant against encumbrances:-  The said mortgaged premises are free and clear and freely and clearly and absolutely forever released and discharged or otherwise by the Mortgagor and well and sufficiently saved, kept harmless and indemnified of and from and against all former and other estate, titles. charges and encumbrances whatsoever had made executed, occasioned or suffered by the Mortgagor or any other person or persons lawfully claiming or to claim by, from. under or in trust for the Mortgagor.    (f)                 Covenant for further assurances:-  The Mortgagor and all other persons having or lawfully claiming any estate or interest In the said mortgaged premises or any of them or any part thereof shall and "I from time to time and at all times hereafter upon the request of the Mortgagees and at the costs during the continuance of this security of the Mortgagor and afterwards of the person requiring the same do and execute or cause to be done and executed all such acts, deeds and things whatsoever for further and more perfectly assuring all or any of the said premises unto and to the use of the Mortgagees in manner aforesaid as shall or may be reasonably required.    (g)               Covenant to keep property In repairs:- The Mortgagor shall from time to time and at all times during the continuance of this security and whether the Mortgagees shall have taken possession of the- mortgaged premises under the power hereinbefore reserved to them or not, keep the mortgaged premises hereby granted. or expressed so to be in a good and substantial state of repairs and shall pay all the Government and Municipal revenue, ground rents, rates. rents and taxes, assessments dues and duties and all charges of a public nature including those (if any) in arrears payable in respect of the mortgaged premises immediately they shall become due.    (h)               Power to pay public dues:-  If default shall be made in keeping the mortgaged premises in good and substantial repair or in payment of such Government or Municipal revenue, ground rent, rates, rents, taxes, assessments, dues and duties or any charge of a public nature as aforesaid it shall be lawful for the Mortgagee (without being bound to do so) to keep the mortgaged premises in such repairs and to pay such Government or Municipal revenue, ground rents, rates, taxes, assessments, dues and duties and all charges of a public nature as aforesaid AND the Mortgagor shall and will from time to time on demand pay to the Mortgagees all sums of money so paid or expended in or about the premises as aforesaid together with interest thereon at the rate and with the rests as aforesaid from the time the same shall have been so paid or expended and until so repaid the same shall be a charge upon the Mortgaged premises hereby assured or expressed so to be in addition to the principal sum and interest thereon.    (i)                 Covenant to Insure:-  The Mortgagor will, so long as any moneys shall remain due on the security of these presents, keep all the buildings and other structures (exclusive of the plinth and foundation thereon hereby granted or expressed so to be. insured In some well-known and reasonable Fire Insurance Company to be selected or approved of by the Mortgagees against loss or damage by fire and riot in the sum equal to the full value of the Mortgage security but in the sum of Rs... at least for the sole benefit of the Mortgagees and pay all the premium and sums of moneys necessary for such purpose including the renewal of such policy at least eight days before the day on which the same respectively ought to be paid and will on demand deliver to the Mortgagees the policy or policies of such insurance and the receipt for every such payment duly endorsed and assigned with the full benefit thereof in favour of the mortgagees AND that the Mortgagor will not at any time hereafter during the continuance of any such insurance as aforesaid do any act or commit any default whereby the said Insurance may be rendered void or voidable or an increased premium become payable therefor AND shall and will in case at any time during the continuance of this security the said insurance shall by any means become void or voidable forthwith at his own costs, effect new insurance in lieu of such void or voidable insurance in the name of the Mortgagees In some office to be approved of by the Mortgagees in the same sum as aforesaid AND that if default shall be made In Insuring or keeping the said premises insured as aforesaid then and so often as the same shall happen it shall be lawful (but not obligatory) for the Mortgagees on giving 24 hours' notice, to insure and keep insured the mortgaged premises in any sum not exceeding the full value of the mortgage security AND that the. Mortgagor will on demand repay to the Mortgagees every sum of money expended for that purpose by them with interest thereon at the rate and with the rests as aforesaid from the time of the same respectively having been so expended and that until such repayment the same shall be a charge upon the mortgaged premises hereby granted, or expressed so to be and that all sums of money received under or by virtue of any such insurance as aforesaid shall be. at the option of the Mortgagees, either forthwith applied in or towards substantially rebuilding reinstating and repairing the said mortgaged premises or any part thereof or in or towards the payment of the principal money and Interest for the time being remaining due on the security of these presents. Provided however that, If the Mortgagees shall at the time be In the possession of the mortgaged premises they shall, in case of such loss or damage, apply any money which they may actually receive under the policy. or so much thereof as may be necessary. if reinstating the property, or If the Mortgagor shall so request, in reduction or discharge of the mortgage debt. (j)                  Power In case of defaults by Mortgagor:-  That in the event of any damage happening to the mortgaged premises or any part thereof hereby granted or expressed so to be by fire, tempest. earthquake, lightening, rain, riot or otherwise howsoever at any time or times after the execution hereof or if any event shall happen so as In the opinion of the Mortgagees to materially impair the security hereby created or if the Mortgagor is adjudged insolvent or if interest on the present security amounting atleast to Rs. 500/- shall be in arrears and remains unpaid for three months after becoming due or if any default shall be committed by the Mortgagor in the performance of any of the covenants herein contained and on the part of the Mortgagor to be observed and performed and not remedied by the Mortgagor within a reasonable time from the receipt of a written notice from the Mortgagees or if execution is levied upon the said premises or any part thereof and not raised within twenty one days or a Receiver be appointed thereof and is not discharged within twenty one days, then and in any of the aforesaid cases. notwithstanding anything herein contained to the contrary the whole of the Mortgage debt shall at the option of the Mortgagees become immediately payable as if the due date had been elapsed and the security hereby constituted shall at the option of the Mortgagees become immediately enforceable AND in such case all such rights and remedies shall be available to the Mortgagees as would be available to them under the terms of these presents or by law upon default being made In payment of the principal money and Interest hereby secured.    8. Power to appoint Receiver:-    AND IT IS HEREBY FURTHER AGREED AND DECLARED that in consideration of the premises it shall be lawful for the Mortgagees (in addition to any other powers hereby conferred on the Mortgagees) without any further consent or concurrence of the Mortgagor. to appoint by writing signed by the Mortgagees or any of them or on their behalf, any person, as the Mortgagees think fit, to be the Receiver from time to time in the name of the Mortgagor or otherwise to receive the rent. Income and, profits of the Mortgaged premises hereby granted, and every part thereof from the present and future tenants and occupiers thereof and the persons liable to pay the same respectively and in case of non-payment thereof to use an or any lawful remedies for recovering and obtaining payment of the same and to do all things necessary or proper for recovering and receiving the same as fully and effectually as the Mortgagor could do AND the Mortgagor doth hereby directs, the present and future tenants and occupiers of the said mortgaged premises If any respectively and the persons liable to pay the same, to pay the rents and profits of the said premises unto the said Receiver and to any future Receiver to be appointed as hereinafter mentioned.    9. Powers of the Receiver:-    AND IT IS HEREBY FURTHER AGREED AND DECLARED THAT    (a)               the receipt of the said Receiver for the time being shall be an effectual discharge to such tenants occupants and persons for such rents and profits;  (b)               the said Receiver shall have power to make such allowances to and arrangements with such tenants, occupiers and other persons as he shall think fit and to give notice to quit and bring and take actions or proceedings for ejectment or recovery of possession of any of the said premises on the expiration or determination or forfeiture of any tenancy or otherwise and to relet the said premises or any part thereof from time to time to such person or persons as he shall think fit on yearly or monthly tenancies at the best rents which may be reasonably obtainable.,  (c)               that the said Receiver shall by and out of all moneys received by him, In the first place, pay all rents. taxes, and revenue. rates, assessments, and outgoing whatsoever affecting the mortgaged premises and which shall not be otherwise paid and the expenses of repairing or insuring against loss or damage by fire and riot any building or other structure which he may think fit to repair or insure and In the next place pay the expenses of collection and management and deduct and retain for his own use so much not exceeding Rs. 5/- for every Rs. 100/- received as in the opinion of the Mortgagees the said Receiver shall be reasonably entitled to for his trouble and in the next place, pay to the Mortgagees by equal payments the interest from time to time accruing due on the security of these presents and shall allow the surplus if any of the said rents and profits to accumulate and when it amounts to Rs... pay it to the Mortgagees In reduction of the principal amount due to them AND shall pay the residue (if any) of the money received by him to the person who. but for the possession of the Receiver, would have been entitled to receive the Income of which he is appointed Receiver or who is otherwise entitled to the mortgaged premises;  (d)               that the said Receiver may be removed and a new Receiver may be appointed from time to time by writing signed by or on behalf of the Mortgagees and the Mortgagor.  (e)               that the Receiver shall be deemed to be in all respects the agent of the Mortgagor and that the Mortgagor shall be solely responsible for the acts and/or defaults of the Receiver and the Mortgagees shall not under any circumstances be answerable for any loss or misapplication of the said rents and profits or any part thereof by reason of any default neglect or breach of trust of or by the said Receiver for the time being or for any other loss or damage occasioned by the acts or defaults of the said Receiver but that such loss, misapplication and damage and every Receiver's salary shall be wholly borne and paid by the Mortgagor:    When Receiver can be appointed    (f)                 that the aforesaid power of appointing Receiver conferred on the Mortgagees shall not be exercised by the Mortgagees unless and until notice in writing requiring payment of the principal moneys has been served on the Mortgagor and default has been made in payment of the principal money or any part thereof for three months after such service, or some Interest amounting to Rs. 500/- owing on the security of these presents shall be in arrears for three calendar months after becoming due, (g)               that no tenant or other person paying money to or having any dealings with the said Receiver shall be concerned to inquire whether any case has happened to authorise him to act or otherwise as to the regularity of his appointment.    10.             Power to appoint receiver or to take possession optional:-

Deed of English Mortgage Between an Individual and a Firm of Money Lenders Download Word Document In English. (Rs.45/-) Download PDF Document In Hindi. (Rs.45/-) This Deed Of Mortgage is made at ... this ... day of ... between Mr. A ... residing at ... hereinafter referred to as 'the Mortgagor' of the One Part, and (1)... (2) ... (3)... all of ... carrying on business In partnership An the name of M/s ... as financiers and money lenders and having their office at ... hereinafter referred to as the Mortgagees (which expression shall also include the partners or partner for the time being of the said Firm, the survivors or survivor of them and the heirs, executors, administrators of the last surviving partner. their or his assigns ) of the Other Part: Whereas the Mortgagor is seized and possessed of and otherwise well and sufficiently entitled to a piece of land with a building thereon situate at ... and more particularly described in the Schedule hereunder written. And Whereas the Mortgagor being in need of money for the purpose of making certain family expenses has requested the Mortgagees to advance to him a sum of Rs... on the security of a First Legal English Mortgage of his said property, which the Mortgagees have agreed to do on the Mortgagor executing these presents. Now This Deed Witnesseth as follows: - 1.     Covenant to pay principal:- That in pursuance of the aforesaid agreement and in consideration of the sum of Rs... (Rupees ... ) on or before the execution of these presents advanced by the Mortgagees to the Mortgagor (receipt whereof the Mortgagor doth hereby acknowledge) he the Mortgagor doth hereby covenants with the Mortgagees that the Mortgagor will pay to the Mortgagees in ........ the said sum of Rs... on the ... day of... (hereinafter referred to as 'the due date' which expression shall also mean the date on which the amount hereby secured becomes due and payable under and by virtue of any of the terms of these Presents Irrespective of whether the said date has expired or not) 2.     Covenant to pay Interest  :- The Mortgagor will In the meantime pay to the Mortgagees interest on the said amount of Rs... at the rate of... per cent per annum from the date hereof by monthly rests, the first of such payment to be made on the ... day of ... next and the subsequent payments to be made regularly at the expiration of each month and will also pay thereafter, in case and so long as the said principal sum of Rs... or any part thereof shall remain unpaid to the Mortgagees, interest on the same or for so much thereof as shall for the time being remain unpaid at the rate of ... per cent per annum by monthly rests on the ... day of each and every month in the manner aforesaid. 3.     Covenant to pay compound Interest :- And it is hereby agreed and declared that                       i.        if default shall be made In payment of any one Installment of Interest hereby reserved or any part thereof at the respective times hereinbefore appointed In that behalf then and In every such case the unpaid Installment of Interest or part thereof shall be added to the mortgage debt for the time being then due as or in the nature of a further advance and shall thereon carry further interest at the like rate of ... per cent per annum which shall be deemed to accrue due and become payable from time to time on the respective days hereinbefore appointed for the payment of interest on the original principal sum so that by the addition and capitalisation of interest as aforesaid the total principal moneys hereby secured may be augmented upon the footing of an accumulation by way of compound interest computed at ... percent per annum with rests taken and made very month and that all such additions by way of capitalised interest (whether on the original principal sum or any interest added thereto as aforesaid) shall be chargeable upon the mortgaged premises and shall to all intents and purposes be within the scope and operation of the present security including all covenants, powers and provisions contained herein which are rendered applicable by reference or otherwise to such additions.                      ii.        That the aforesaid provisions shall not in any way be deemed to authorise the Mortgagor to refuse to pay any interest or allow any interest to fall in arrears unless permitted to do so by the Mortgagees nor shall anywise interfere with or prejudice limit or affect the powers of sale under section 69 of the Transfer of Property Act or under these Presents or of entry or any other powers or remedies for securing and enforcing payment of the mortgage debt hereinafter contained and that the Mortgagor shall. notwithstanding the capitalisation thereof, upon demand pay the Mortgagees any interest which shall be capitalised hereunder and any interest which shall accrue due thereon. 4.     Grant of the premises as security  :- And This Deed Further Witnesseth that in further pursuance of the said Agreement and for the consideration aforesaid the Mortgagor doth hereby grant, and transfer unto the Mortgagees all the said piece of land together with the building and structures now standing or to be hereafter erected thereon or any part thereof and situated at ... and more particularly-. described in the Schedule hereunder written, together with all and singular the thing attached thereto or standing thereon and all the rights, liberties, privileges, casements, advantages and appurtenance whatsoever to the said land and premises or any part thereof belonging or in anywise appertaining or usually held or enjoyed or occupied therewith or reputed to belong or be appurtenant thereto and all the estate, right, title, interest, property claim and demand whatsoever of the Mortgagor and every part thereof TO HOLD the said lands and other the premises hereby granted or expressed so to be unto and to the use of the Mortgagees absolutely but subject to the provision for redemption hereinafter contained. 5.     Covenant for redemption :- Provided Always And It Is Hereby Agreed, Declared that if the Mortgagor shall pursuant to the covenant in that behalf hereinbefore contained pay to the Mortgagees In (city) the said sum of Rs... with interest for the same at the rate and in the manner hereinbefore mentioned and also all other the moneys, costs charges, and expenses by law or under these presents payable by the Mortgagor to the Mortgagees (hereinafter referred to as 'the Mortgage debt') then and In such case the Mortgagees shall upon the request and at the costs, charges and expenses of the Mortgagor retransfer the said land and premises described in the Schedule hereunder written and all other the premises hereby granted or expressed so to be (hereinafter referred to as 'the mortgaged premises') unto the Mortgagor or the person entitled to such transfer or as he may direct or If the Mortgagees are not In possession of the Mortgaged premises. the Mortgagees shall if so required by the Mortgagor or any subsequent encumbrance and at the costs. charges, and expenses of the mortgagor or such encumbrance, assign the Mortgage debt and transfer the mortgaged premises to such third person as the Mortgagor or such encumbrance may direct and shall also deliver to the Mortgagor or such third person as the case may be. this Mortgage Deed and all documents relating to the mortgaged premises which shall be in the possession or power of the Mortgagees. 6.     Mortgagor to remain in possession :- And it is hereby further agreed by and between the parties hereto that, a.     so long as the aforesaid right of redemption subsists the Mortgagees shall allow the Mortgagor at all reasonable times and at his request and at his own costs and on payment of the costs and expenses of the Mortgagees in that behalf, to inspect and make copies or abstracts of or extracts from the said documents of title relating to the mortgaged premises which shall be In the custody or power of the Mortgagees. b.    THAT until default is made by the Mortgagor in payment of the said principal sum or Interest or any part thereof the Mortgagor shall remain in the possession of or in receipt of the rents and profits of, the Mortgaged premises provided that the Mortgagor shall. while in possession of the mortgaged premises as aforesaid, have no power to make any leases thereof -save and except (i) with the previous consent In writing of the Mortgagees and (ii) for such period and on such terms and conditions as the Mortgagees shall in their absolute discretion think proper. 7.     Covenant of title and other covenants by Mortgagor.- And the mortgagor doth hereby covenant with the mortgagees that a.     Covenant of title:- The Mortgagor now has good right and full power to grant and mortgage the said land and building and other the premises hereby granted or transferred or expressed so to be and every part thereof unto and to the use of the Mortgagees in manner aforesaid. b.    Power to take possession:- If default shall be made in payment of the said sum of Rs... or interest thereon or any part thereof respectively on the days hereinbefore appointed for payment of the same respectively the Mortgagees may at any time thereafter enter into and upon the said mortgaged premises or any of them or any part thereof in the name of the whole and shall thenceforth quietly possess and enjoy the same and receive the rents income and profits thereof without any lawful interruption or disturbance whatsoever by the Mortgagor or any person or persons lawfully claiming under him or any of them and shall. until the Mortgagor shall have tendered or deposited under section 83 of the Transfer of Property Act, 1882. the amount for the time being due under these presents, be at, liberty (but under no obligation) to pay thereout the Government revenue and all other charges of a public nature and all rent (if any) accruing due in respect of the mortgaged premises during such possession and any arrears of rent in default of payment of which the land and premises may be summarily sold and all expenses incurred for the management of the mortgaged premises and the collection of rents, Income and profits. and all other outgoing including costs of repairs (if any) of the mortgaged premises as agent of the Mortgagor with Interest thereon at the rate provided under these presents and shall appropriate the net rents, income and profits or the surplus thereof over the outgoing (if any) in reduction of the amount from time to time due to them on account of Interest accruing due to them under the covenant hereinbefore contained in that behalf and if there be any surplus, shall appropriate the same In reduction or discharge of the principal of the mortgage debt. c.     Power on possession:- It shall be lawful for the Mortgagees at any time after taking possession of the mortgaged premises, to make improvements thereon as they may in their discretion think proper and the Mortgagor will on redemption pay the Mortgagees the costs thereof in addition to the Mortgage debt with interest at the same rate as is payable on the principal amount due under these presents and that until such repayment the same shall he a charge upon the mortgaged premises and that the Mortgagees shall not be accountable for or be liable to give credit for the profits (if any) accruing by reason of the said Improvements. d.    Mortgagor the Licensee:- In case the Mortgagees enter Into possession of the Mortgaged premises or any part thereof the Mortgagor shall be deemed to be the licensee of the Mortgagees of the portion of the mortgaged premises occupied by him and the Mortgagor shall pay to the Mortgagees reasonable occupational compensation and It shall be lawful for the Mortgagees to eject the Mortgagor on giving one month's notice to quit. e.     Covenant against encumbrances :- The said mortgaged premises are free and clear and freely and clearly and absolutely forever released and discharged or otherwise by the Mortgagor and well and sufficiently saved, kept harmless and indemnified of and from and against all former and other estate, titles. charges and encumbrances whatsoever had made executed, occasioned or suffered by the Mortgagor or any other person or persons lawfully claiming or to claim by, from. under or in trust for the Mortgagor. f.      Covenant for further assurances:- The Mortgagor and all other persons having or lawfully claiming any estate or interest In the said mortgaged premises or any of them or any part thereof shall and "I from time to time and at all times hereafter upon the request of the Mortgagees and at the costs during the continuance of this security of the Mortgagor and afterwards of the person requiring the same do and execute or cause to be done and executed all such acts, deeds and things whatsoever for further and more perfectly assuring all or any of the said premises unto and to the use of the Mortgagees in manner aforesaid as shall or may be reasonably required. g.    Covenant to keep property In repairs:- The Mortgagor shall from time to time and at all times during the continuance of this security and whether the Mortgagees shall have taken possession of the- mortgaged premises under the power hereinbefore reserved to them or not, keep the mortgaged premises hereby granted. or expressed so to be in a good and substantial state of repairs and shall pay all the Government and Municipal revenue, ground rents, rates. rents and taxes, assessments dues and duties and all charges of a public nature including those (if any) in arrears payable in respect of the mortgaged premises immediately they shall become due. h.    Power to pay public dues:- If default shall be made in keeping the mortgaged premises in good and substantial repair or in payment of such Government or Municipal revenue, ground rent, rates, rents, taxes, assessments, dues and duties or any charge of a public nature as aforesaid it shall be lawful for the Mortgagee (without being bound to do so) to keep the mortgaged premises in such repairs and to pay such Government or Municipal revenue, ground rents, rates, taxes, assessments, dues and duties and all charges of a public nature as aforesaid AND the Mortgagor shall and will from time to time on demand pay to the Mortgagees all sums of money so paid or expended in or about the premises as aforesaid together with interest thereon at the rate and with the rests as aforesaid from the time the same shall have been so paid or expended and until so repaid the same shall be a charge upon the Mortgaged premises hereby assured or expressed so to be in addition to the principal sum and interest thereon. i.      Covenant to Insure:- The Mortgagor will, so long as any moneys shall remain due on the security of these presents, keep all the buildings and other structures (exclusive of the plinth and foundation thereon hereby granted or expressed so to be. insured In some well-known and reasonable Fire Insurance Company to be selected or approved of by the Mortgagees against loss or damage by fire and riot in the sum equal to the full value of the Mortgage security but in the sum of Rs... at least for the sole benefit of the Mortgagees and pay all the premium and sums of moneys necessary for such purpose including the renewal of such policy at least eight days before the day on which the same respectively ought to be paid and will on demand deliver to the Mortgagees the policy or policies of such insurance and the receipt for every such payment duly endorsed and assigned with the full benefit thereof in favour of the mortgagees AND that the Mortgagor will not at any time hereafter during the continuance of any such insurance as aforesaid do any act or commit any default whereby the said Insurance may be rendered void or voidable or an increased premium become payable therefor AND shall and will in case at any time during the continuance of this security the said insurance shall by any means become void or voidable forthwith at his own costs, effect new insurance in lieu of such void or voidable insurance in the name of the Mortgagees In some office to be approved of by the Mortgagees in the same sum as aforesaid AND that if default shall be made In Insuring or keeping the said premises insured as aforesaid then and so often as the same shall happen it shall be lawful (but not obligatory) for the Mortgagees on giving 24 hours' notice, to insure and keep insured the mortgaged premises in any sum not exceeding the full value of the mortgage security AND that the. Mortgagor will on demand repay to the Mortgagees every sum of money expended for that purpose by them with interest thereon at the rate and with the rests as aforesaid from the time of the same respectively having been so expended and that until such repayment the same shall be a charge upon the mortgaged premises hereby granted, or expressed so to be and that all sums of money received under or by virtue of any such insurance as aforesaid shall be. at the option of the Mortgagees, either forthwith applied in or towards substantially rebuilding reinstating and repairing the said mortgaged premises or any part thereof or in or towards the payment of the principal money and Interest for the time being remaining due on the security of these presents. Provided however that, If the Mortgagees shall at the time be In the possession of the mortgaged premises they shall, in case of such loss or damage, apply any money which they may actually receive under the policy. or so much thereof as may be necessary. if reinstating the property, or If the Mortgagor shall so request, in reduction or discharge of the mortgage debt. j.      Power In case of defaults by Mortgagor:- That in the event of any damage happening to the mortgaged premises or any part thereof hereby granted or expressed so to be by fire, tempest. earthquake, lightening, rain, riot or otherwise howsoever at any time or times after the execution hereof or if any event shall happen so as In the opinion of the Mortgagees to materially impair the security hereby created or if the Mortgagor is adjudged insolvent or if interest on the present security amounting at least to Rs. 500/- shall be in arrears and remains unpaid for three months after becoming due or if any default shall be committed by the Mortgagor in the performance of any of the covenants herein contained and on the part of the Mortgagor to be observed and performed and not remedied by the Mortgagor within a reasonable time from the receipt of a written notice from the Mortgagees or if execution is levied upon the said premises or any part thereof and not raised within twenty one days or a Receiver be appointed thereof and is not discharged within twenty one days, then and in any of the aforesaid cases. notwithstanding anything herein contained to the contrary the whole of the Mortgage debt shall at the option of the Mortgagees become immediately payable as if the due date had been elapsed and the security hereby constituted shall at the option of the Mortgagees become immediately enforceable AND in such case all such rights and remedies shall be available to the Mortgagees as would be available to them under the terms of these presents or by law upon default being made In payment of the principal money and Interest hereby secured. 8.     Power to appoint Receiver:- And It Is Hereby Further Agreed And Declared that in consideration of the premises it shall be lawful for the Mortgagees (in addition to any other powers hereby conferred on the Mortgagees) without any further consent or concurrence of the Mortgagor. to appoint by writing signed by the Mortgagees or any of them or on their behalf, any person, as the Mortgagees think fit, to be the Receiver from time to time in the name of the Mortgagor or otherwise to receive the rent. Income and, profits of the Mortgaged premises hereby granted, and every part thereof from the present and future tenants and occupiers thereof and the persons liable to pay the same respectively and in case of non-payment thereof to use an or any lawful remedies for recovering and obtaining payment of the same and to do all things necessary or proper for recovering and receiving the same as fully and effectually as the Mortgagor could do AND the Mortgagor doth hereby directs, the present and future tenants and occupiers of the said mortgaged premises If any respectively and the persons liable to pay the same, to pay the rents and profits of the said premises unto the said Receiver and to any future Receiver to be appointed as hereinafter mentioned. 9.     Powers of the Receiver:- And it is hereby further agreed and declared that a.     the receipt of the said Receiver for the time being shall be an effectual discharge to such tenants occupants and persons for such rents and profits; b.    the said Receiver shall have power to make such allowances to and arrangements with such tenants, occupiers and other persons as he shall think fit and to give notice to quit and bring and take actions or proceedings for ejectment or recovery of possession of any of the said premises on the expiration or determination or forfeiture of any tenancy or otherwise and to relet the said premises or any part thereof from time to time to such person or persons as he shall think fit on yearly or monthly tenancies at the best rents which may be reasonably obtainable., c.     that the said Receiver shall by and out of all moneys received by him, In the first place, pay all rents. taxes, and revenue. rates, assessments, and outgoing whatsoever affecting the mortgaged premises and which shall not be otherwise paid and the expenses of repairing or insuring against loss or damage by fire and riot any building or other structure which he may think fit to repair or insure and In the next place pay the expenses of collection and management and deduct and retain for his own use so much not exceeding Rs. 5/- for every Rs. 100/- received as in the opinion of the Mortgagees the said Receiver shall be reasonably entitled to for his trouble and in the next place, pay to the Mortgagees by equal payments the interest from time to time accruing due on the security of these presents and shall allow the surplus if any of the said rents and profits to accumulate and when it amounts to Rs... pay it to the Mortgagees In reduction of the principal amount due to them AND shall pay the residue (if any) of the money received by him to the person who. but for the possession of the Receiver, would have been entitled to receive the Income of which he is appointed Receiver or who is otherwise entitled to the mortgaged premises; d.    that the said Receiver may be removed and a new Receiver may be appointed from time to time by writing signed by or on behalf of the Mortgagees and the Mortgagor. e.     that the Receiver shall be deemed to be in all respects the agent of the Mortgagor and that the Mortgagor shall be solely responsible for the acts and/or defaults of the Receiver and the Mortgagees shall not under any circumstances be answerable for any loss or misapplication of the said rents and profits or any part thereof by reason of any default neglect or breach of trust of or by the said Receiver for the time being or for any other loss or damage occasioned by the acts or defaults of the said Receiver but that such loss, misapplication and damage and every Receiver's salary shall be wholly borne and paid by the Mortgagor: When Receiver can be appointed f.     that the aforesaid power of appointing Receiver conferred on the Mortgagees shall not be exercised by the Mortgagees unless and until notice in writing requiring payment of the principal moneys has been served on the Mortgagor and default has been made in payment of the principal money or any part thereof for three months after such service, or some Interest amounting to Rs. 500/- owing on the security of these presents shall be in arrears for three calendar months after becoming due, g.    that no tenant or other person paying money to or having any dealings with the said Receiver shall be concerned to inquire whether any case has happened to authorise him to act or otherwise as to the regularity of his appointment. 10.  Power to appoint receiver or to take possession optional:- And It Is Hereby Further Agreed that it shall be lawful for the Mortgagees either to appoint a Receiver of the mortgaged premises or to enter into possession thereof as they may think fit. 11.  Power to Bell:- And It Is Hereby Agreed And Declared that without prejudice to all other rights of the Mortgagees, according to law or under these presents, It shall be lawful for the Mortgagees or any of them or any person acting on their behalf at any time or times hereafter as well before as after due date without any further consent on the part of the Mortgagor to sell or to concur In the sale of the mortgaged premises hereby granted, or expressed so to be or any of them or any part or parts thereof without the Intervention of the Court and either together or in parcels or lots and either by public auction or private contract and either with or without any special conditions or stipulations relative to title or evidence or commencement of title or otherwise which may be deemed proper by the Mortgagees with power to postpone such sale from time to time and to buy In the said mortgaged premises or any part thereof at any sale by public auction or to rescind or vary any contract for the sale thereof and to resell the same from time to time without being answerable or responsible for any loss or diminution occasioned thereby AND FOR the purposes aforesaid or any of them to make agreement. execute assurances, give effectual receipts, or discharges for the purchase money and do all other acts and things for completing the sale which the person or persons exercising the power of sale shall think proper AND the aforesaid power shall be deemed to be a power to sell or concur in selling without the intervention of the Court Within the meaning of section 69 of the Transfer of Property Act, 1882, and all the powers and provisions contained in the said section will apply as if the provisions of that section are incorporated in these presents. Provided Always And It Is Hereby Further Agreed And Declared That the power of the sale hereinabove contained shall not be exercised by the Mortgagees unless and until: A.    Default shall have been made by the Mortgagor In payment of the mortgaged debt or any part thereof on the due date and for the space of three calendar months next after a notice In writing required by section 69 Sub section (2) of the Transfer of Property Act and requiring payment of the principal money or such parts thereof as may for the time being he due shall have been served on the Mortgagor. B.    Or unless and until interest amounting atleast to five hundred Rupees shall be in arrears and remain unpaid for three months after becoming due notwithstanding the provision for capitalisation of Interest hereinbefore contained. 12.  Service of Notice:- And It Is Hereby Agreed And Declared that any such notice as aforesaid shall be sufficient and valid although dated and served on any day before the due date and that any such notice as aforesaid as well as any other notice required to be served upon the Mortgagor under these presents shall be deemed to have been duly served on the Mortgagor by delivering a copy of such notice to the Mortgagor or sending the same through Post addressed to his residential address above mentioned or where for the time being he is reported to be residing or by leaving or affixing the same upon or to some part of the mortgaged premises and such service shall be deemed to have been made at the time the same was left on the mortgaged premises as aforesaid or at the time at which the registered letter would in the ordinary course of post be delivered and any such notice as aforesaid shall be sufficient and valid although not addressed to any person or persons by name or description and notwithstanding the person or any of the persons affected thereby may be unborn unascertained or under disability. 13.  Powers on acquisition of property etc.:- And it is hereby further agreed and declared as follows: a.     that in the event of the Mortgaged premises or any part thereof or any interest therein being sold owing to failure to pay arrears of revenue or other charges of a public nature, or rent due in respect of such premises and provided such failure shall not have arisen from any default of the Mortgagees, then and in every such case, the Mortgagees shall be entitled to claim payment of the Mortgage money, in whole or In part out of any surplus of the sale proceeds remaining after payment of such arrears and of all charges and deduction directed by law. b.    that on the mortgaged premises or any of them or any portion thereof or any Interest therein being at any time acquired by the Government of India or of State of... or by any Municipal Corporation or by any other public body for a public purpose the Mortgagees shall. notwithstanding that the principal money of the mortgage shall not have become due, be entitled to receive the compensation to which the Mortgagor may be entitled or declared entitled and to apply the same or a sufficient portion thereof towards repayment of the moneys for the time being due under these presents including interest in lieu of notice and all proceedings for ascertainment and apportionment of the compensation payable for the said land and premises shall be conducted by the Mortgagor through the Advocates and Engineers of the Mortgagees but if the Mortgagor does not do so then the Mortgagees shall be entitled to engage another Advocate and Engineer and the Mortgagor shall repay on demand to the Mortgagees all costs. charges and expenses that may be incurred by the Mortgagees with interest thereon at the rate aforesaid from the time of the same having been so incurred and that until such repayment the same shall be a charge upon the mortgaged premises., c.     That in all proceedings in courts of law or tribunals or before any public or authorised officer wherein the Mortgagees shall be entitled or required to appear or take part the Mortgagees shall be entitled to appear by Advocates and all costs charges and expenses Incurred by the Mortgagees ,shall be repaid by the Mortgagor with interest at the rate aforesaid and such moneys and interest shall be a charge on the mortgaged premises as if the same has been originally advanced under these presents; 14.  Mortgagor's liability for costs :- That the Mortgagor will pay all costs, charges and expenses In anywise incurred or made by the Mortgagees of and incidental to these presents or of and incidental to or In connection with the security as well as for protection, security, assertion or defence of the rights of the Mortgagees as for the protection, preservation and security of the Mortgagees and for the demand realisation and recovery of the amount of the principal and Interest secured by these presents or any part thereof or for the exercise of any of the powers contained in these presents and the same shall be paid on demand by the Mortgagor to the Mortgagees with Interest thereon at the rate; aforesaid from the time of the same having been so incurred and that until such repayment the same shall be a charge upon the mortgaged premises provided that In the case of expenditure of money by the Mortgagees for the preservation of the mortgaged premises from destruction. forfeiture or sale or for supporting the title of the Mortgagor to the Mortgaged premises the Mortgagees shall have first called upon the Mortgagor to take proper and timely steps to preserve the mortgaged premises or to support the title and the Mortgagor shall have failed to do so. 15.  Joint account clause:- And it is lastly agreed and declared that the s aid sum of Rs... so advanced by the Mortgagees to the Mortgagor Is moneys belonging to the Mortgagees upon a joint account In equity as well as at law and accordingly the Mortgagees or the partners or partner for the time being of the partnership firm of the Mortgagees or survivors of them or any one of the Mortgagees shall remain entitled In equity as well as at law to the said sum and interest and other moneys Intended to be hereby secured And that the receipt of the Mortgagees or any one or more of them or survivors or survivor of them as may be in (name of the city) or the heirs, executors or administrators of the last survivor of them shall be effectual and complete discharge for the same and every part thereof respectively; And that the reconveyance or release on repayment of the Mortgage debt or the exercise of the power of sale or any other power herein contained or transfer of mortgage or any other assurance. document and writing required to be executed by the Mortgagees shall, if executed by any one or more of them or survivors or survivor of them who may be In the said city or by the heirs, executors or administrators of the last survivor of them shall be deemed effectual and complete as if the same has been executed by all the Mortgagees and as if all the Mortgagees had authorised such person or persons to execute the same; And each of the Mortgagees doth hereby appoint the other, Mortgagees or each of them his attorney or agent to exercise all such powers and to do and execute all such acts, deeds, documents and other assurances necessary or required for all or any of the purpose aforesaid and cause such deeds. assurances, writings and documents to be registered as the Mortgagees could do or execute or exercise either alone or jointly with co-mortgagees under these presents. IN WITNESS WHEREOF the said Mortgagor has hereunto set and subscribed his hand the day and year first hereinabove written. THE SCHEDULE ABOVE REFERRED TO (Description of the Immovable property) Signed and delivered by the withinnamed Mortgagor Mr... in the presence of 1.       2.       Received the day and year first hereinabove written of and from the withinnamed Mortgagees a sum of Rs ... as within mentioned. Witnesses: I say received. 1.       2.     Mortgagor.

Agreement to Mortgage Agreement is made at ____ this ________ day of ______ between Mr. A residing at __________ hereinafter referred to as the ‘Mortgagor’ of the One Part and M/s AB & Co. a partnership firm consisting of (1) ___ (2) ___ (3) ___ as partners carrying on business at ______ hereinafter referred to as the ‘Mortgagees’ of the Other Part ; Whereas – 1.     The Mortgagor owns an immovable property consisting of a plot of land with a building thereon and situated at ______ and which is more particularly described in the Schedule hereunder written. 2.     The Mortgagor is in need of money for paying certain business debts and liabilities and has, therefore, approached the Mortgagees to advance to him a loan of Rs. ____ which the Mortgagees have agreed to do on the following terms and conditions : Now It Is Agreed Between The Parties Hereto As Follows : 1.     The Mortgagees agree to lend to the Mortgagor and the Mortgagor agrees to borrow from the Mortgagees a sum of Rs. ______. The Mortgagor agrees that he will pay interest on the said sum at the rate of ____ percent per annum from the date of advance till repayment thereof by the Mortgagor to the Mortgagees. 2.     The interest at the rate aforesaid will be paid every three months that is with quarterly rests and in the event of default in paying interest as aforesaid the Mortgagees will be entitled to charge interest on the amount of interest in arrears by way of compound interest at the same rate as aforesaid so that the interest in arrears will be capitalised by way of compound interest carrying interest thereon as aforesaid. This, however, will be without prejudice to the right of the Mortgagees to take action for recovery of the mortgage debt and the interest in arrears by any process of law available to them, in the event of default in payment of interest every quarter as aforesaid. 3.     The said principal amount will be repayable with interest as aforesaid within ___ years from the date of advance. 4.     The repayment of the said amount of principal and interest and all costs, charges and expenses becoming payable by the Mortgagor will be secured by a first mortgage of the said property described in the Schedule hereunder written. 5.     The said principal sum of Rs. ___ will be advanced and paid by the Mortgagees to the Mortgagor on the execution of the Deed of Mortgage by the Mortgagor in favour of the Mortgagees. 6.     The Deed of Mortgage will be in the form of English mortgage and will contain all the covenants, powers, provisions, terms and conditions as are usually contained in such deed and as will be advised to be incorporated by the Mortgagees’ Advocate. 7.     The Mortgagor will make out a clear and marketable title to the said property, free from encumbrances and claims and the Mortgagor shall produce to the Mortgagees’ Advocate for inspection all the title deeds in his possession or power. 8.     Within eight days from the date hereof the Mortgagor shall produce to the Mortgagees’ Advocate for inspection all the title deeds in his possession or power. 9.     If any other person or persons is found interested in the said property, the Mortgagor will either obtain the release of such interest by a proper deed of release or will procure his signature to the Deed of Mortgage as a Mortgagor the intention being that the loan will be advanced on the security of the said property as a whole and not on any interest therein. 10.  The transaction of mortgage will be completed within a period of three months from the date hereof. If the transaction is not so completed then, without prejudice to the right of the Mortgagees to terminate this agreement, the Mortgagees will be entitled to charge interest at the rate aforesaid on the said amount of principal from the expiration of the said period till the execution of the Deed of Mortgage and the same will be deducted from the principal amount, unless it is separately paid by the Mortgagor. 11.  The Mortgagor will also execute any other documents, by way of declaration or otherwise as will be required by the Mortgagees’ Advocate to safeguard the interest of the Mortgagees. 12.  The Mortgagor declares that the said property is not subject to any reservation or acquisition or any litigation and no notice for heavy structural repairs, or acquisition or requisition or reservation has been received by him. 13.  If the title is not made out marketable as aforesaid or the Mortgagor fails to complete the transaction by execution of the Deed of Mortgage and any other documents as aforesaid within the said period or any further period extended by the Mortgagees, or commits breach of any term of this agreement, the Mortgagees will be entitled to cancel this agreement by fifteen days prior notice to the Mortgagor or his Advocate. 14.  In the event of termination of this agreement as aforesaid or on completion of the mortgage transaction all the costs, charges and expenses incurred by the mortgagees of an incidental to this agreement will be payable by the Mortgagor alone. As a security for such payment the Mortgagor shall deposit with the Mortgagees’ Advocate a sum of Rs. _____ on the execution of this agreement. All Stamp duty and registration charges of the Deed of Mortgage and other documents if any, will be paid by the Mortgagor alone. 15.  Before execution of the Deed of Mortgage the Mortgagor and all other persons executing the Deed will obtain their respective Income Tax Certificates under section 230A of the Income Tax Act if it is required to be obtained for registration of the Deed. IN WITNESS WHEREOF the Parties have put their hands the day and year first hereinabove written. The Schedule above referred to Signed and delivered by the withinnamed Mortgagor Mr. in the presence of ___ Signed and delivered for and on behalf of the withinnamed Mortgagees M/s AB & Co. by their authorised partner Mr. _____ in the presence of Download Word Document In English. (Rs.20/-)

RECORD OF MORTGAGE BY DEPOSIT OF TITLE DEEDS  TO...  (Name of Mortgagee)  (Address)    Sir, I have to record that I have this day deposited with you the title-deeds (as per List hereto attached) relating to my immovable property situate at ... and consisting of land admeasuring about ... Sq.Metres and bearing S.No . ... with a building thereon being Municipal No. ... with intent to create a security thereof for repayment of the loan of Rs. ... lent and advanced by you to me, this day. with interest ..... p. c. per annum.    Dated this ... day of ...   Yours faithfully,  (Mortgagor)  Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

AGREEMENT REDUCING THE RATE OF INTEREST IN MORTGAGE DEED An Agreement made at……………..between A, son of.....................resident of ………hereinafter called the Mortgagor of the ONE PART and B, son of…… ……..resident of…… hereinafter called the Mortgagee of the OTHER PART.   WHEREAS by an Indenture of Mortgage dated the day of……………..20…………….. and made between the Mortgagor of the One Part and the Mortgagee of the Other Part and registered with the Sub Registrar of Assurances at…………….. under No ………of............... 20……………..on……………..day of……………..20…………….. hereinafter referred to as the, principal deed, the Mortgagor mortgaged the property therein specified to secure a loan of Rs ……………..with the interest at the rate of 15% per annum;   AND WHEREAS the Mortgagor has covenanted in the principal deed that he shall pay the mortgage debt within a period of……………..years;   AND WHEREAS the Mortgagor has requested the Mortgagee to reduce the rate of interest and extend the time of payment, which the Mortgagee has agreed.   NOW THESE PRESENTS WITNESS THAT the parties hereto hereby agree as follows   (1) The interest payable on the mortgage debt under the principal deed shall be reduced from 15% p.a. to 10% p.a. with effect from and the interest shall be compounded yearly instead of quarterly as provided in the principal deed.   (2) The period for repayment of the mortgage debt will be extended for a further period of 2 years and now the mortgage debt shall be payable on instead of    (3) All other terms and conditions of the principal deed shall remain in full force and effect.   IN WITNESS WHEREOF the parties have hereunto set and subscribed their respective hands the day and year first hereinabove written.   WITNESSES  1 Signed and delivered by the withinnamed Mortgagor A 2. Signed and delivered by the withinnamed Mortgagee B Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

ANOTHER DEED OF RECONVEYANCE FOR RECONVEYING MORTGAGED PROPERTY This Deed of Reconveyance made at……………..this……………..day of…………….. 20… Between A son of……………..a resident of.............. hereinafter called the "Mortgagee" (which expression shall unless repugnant to the context or meaning thereof, include his heirs, executors, administrators, legal representatives, successors and assigns) of the ONE PART and Shri B son of Shri Q hereinafter called "the Mortgagor" (which expression shall unless repugnant to the context or meaning thereof include his heirs, executors, administrators, legal representatives, successors and assigns) of the OTHER PART.   WHEREAS   (1) By an Indenture of Mortgage dated the…………….. made BETWEEN the Mortgagor of the ONE PART and the Mortgagee of the OTHER PART and registered on…………bearing No……………..of Book I in the Office of the Sub Registrar , ……………..(hereinafter called the "Principal Indenture"), the Mortgagor granted, conveyed transferred, assigned and assured unto the Mortgagee the property bearing Plot No . …………….. in Survey No ……………... admeasuring 1000 sq. mtrs. thereabout together with the building erected thereon situated in the Registration sub district of……………..and the Registration District of……………..more particularly described in the Schedule hereunder written (hereinafter referred to as "the said Mortgaged Property") to secure a loan of Rs . ……………..(Rupees only) made by the Mortgagee to the Mortgagor together with interest thereon, subject nevertheless to the proviso for redemption therein contained.   (2) The said loan of Rs ……………..(Rupees only) together with the interest owing to the Mortgagee has been paid in full by the Mortgagor to the Mortgagee on or about    (3) The mortgagor is now desirous of having a reconveyance of the said mortgaged property as hereinafter contained   NOW THIS INDENTURE WITNESSETH that in consideration of the said loan and interest due and owing to the Mortgagee under the Principal Indenture being paid in full (the receipt whereof the Mortgagee doth hereby admit and acknowledge and of and from the same doth hereby acquit, release and for ever discharge the Mortgagor), the Mortgagee doth hereby grant, reassign, reconvey and release and for ever quit claim unto the Mortgagor. All that piece of land, hereditaments and premises comprised in and grant or otherwise assured by the Principal Indenture and more particularly described in the Schedule hereunder written with all the rights, easements and appurtenances as in the Principal Indenture expressed and all the estates, right, title and interest property, claim and demand whatsoever of the Mortgagee into, out of or upon the said land, hereditaments and premises by virtue of the Principal Indenture to have and hold the said land, hereditaments, premises hereby granted, reassigned, reconveyed and released unto and to the use of the Mortgagor for ever freed and discharged from all moneys secured and intended to be secured by the said Principal Indenture and from all actions, suits, accounts, claims and demands whatsoever either at law or in equity for, upon, on account or in respect of the said moneys or any part thereof or for, or in respect of the Principal Indenture or of anything relating to the premises and the Mortgagee hereby covenants with the Mortgagor that the Mortgagee has not done or executed knowingly, willingly, permitted, suffered or been party or privy to any act, deed, matter or thing whereby the Mortgagee is prevented from granting, reassigning and reconveying the said Mortgaged Property or any part thereof, are/is or can be impeached, encumbered or affected in title, estate or otherwise howsoever.   IN WITNESS WHEREOF the Mortgagee has set his hand the day and the year first hereinabove written.   The schedule of the property All that piece and parcel of plot of land bearing Plot No . ..................... Survey No …………. admeasuring 1000 sq. mtrs. or thereabout bounded as follows: On the North by plot No . ............................ On the East by plot No . ............................ On the South by 30'wide road ……………..and On the West by 80' by wide road ....................   WITNESSES 1 Signed and delivered by the within named mortgagee 2. Signed and delivered by the within named mortgagor Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

Declaration in Support of Equitable Mortgage IN THE MATTER OF MORTGAGE BY DEPOSIT OF TITLE DEEDS IN RESPECT OF IMMOVABLE PROPERTY M/S. A B C Limited TO __________________________________ I, __________________________, Indian Inhabitant, at present residing at ______________________________ do hereby solemnly declare and state as follows: 1. I am the Director of M/S. ABC Limited, a Company within the meaning of the Companies Act 1956 having its registered office at ___________________________________________________ (hereinafter called “ the Borrower” ) and duly authorised by the Board of Directors of the Borrower to make this declaration for and on behalf of the Borrower. 2. The Borrower is the Owner of and well and sufficiently seized and possessed of the immovable property described in the First Schedule  hereunder written (hereinafter referred to as “the said immovable property” ). 3. In terms of the loan documents, the ___________________ (hereinafter called “the Bank” ) has allowed the Borrower various credit facilities by granting all or some or any of the credit facilities by way of Overdraft, Demand Loans, Loans, Cash Credits, Term Loans, pre-shipment and post-shipment credits, opening of letters of credit, issuing of guarantees, Negotiation and discounting of bills and cheques, inland as well as foreign and such other facilities as from time to time required by the Borrower for amounts not exceeding the principal sum of Rs. ________________/- (Rupees _____________________________ only) on the terms and conditions specified therein. 4. One of the conditions of the grant of the aforesaid credit facilities is that the repayment of the said principal sum of Rs. ____________________/- (Rupees ________________only) and all accruing interest, discount, commission, charges and all kind of costs and expenses payable to or incurred by the Bank in relation thereto along with all other further dues, cost, expenses etc. shall stand secured by creation of equitable mortgage of the said immovable property in favour of the Bank.  5. By its Board Resolution passed at its meeting held on _________ day of __________200____, by the Board of Directors of the Borrower, Shri ______________________, the Director of the Borrower companies is authorised to create the said security by way of equitable mortgage of the said immovable property and to deposit the said title deeds with the Bank. 6. The Borrower has accordingly with intent to carry out its said obligation and to creating the said security of the said immoveable property described in the First Schedule hereunder written deposited with the Bank the said title deeds more particularly described in the Second Schedule  hereunder written with the intention that the said property would remain as security for such repayment. 7. That the said deposit of the title deeds by the said Shri _____________________________ was made on behalf of the Borrower with intent to create a mortgage by deposit of title deeds of the said premises in favour of the Bank as security to secure  repayment of all monies including interest, costs, charges and expenses due or becoming due and payable by the Borrower to the Bank under or in respect of all or some or any of the facilities either in Indian or foreign currencies granted and/or agreed to be granted to the Borrower and for any other indebtedness and liabilities, past, present and future of the Borrower to the Bank. 8. That the documents of title now deposited with the Bank were the only documents of title in possession of the Borrower in respect of the said premises of the Borrower and that the Borrower is the absolute owner of the said property and that the Borrower has marketable title thereto. 9. That there is no mortgage, charge, lien or any other encumbrance or attachment on the said immovable property or any part thereof by any Government or local authority or by Income Tax Department and that no notice has been issued and/or served on the Borrower under the Rules 2, 16 or 51 or any other Rules of the Second Schedule to the Income Tax Act, 1961, or under any other law. 10. That the Borrower has not entered into any agreement for sale, transfer or alienation thereof or any part or parts thereof and that no encumbrance hereafter will be created by the Borrower except with the express prior permission in writing of the Bank so long as the Borrower continues to be indebted to or remain liable to the Bank on any account. 11. Shri _______________________ on behalf of the Borrower also acknowledges that the maximum amount intended to be secured by the said mortgage created as aforesaid was for the purpose of Section 79 of the Transfer of Property Act, 1882 and for no other purpose and without affecting the Borrower’s full liability to the Bank under the said mortgage for all subsisting liabilities together with interest and all costs, charges and expenses thereof. 12. That the Borrower has passed the requisite Resolution under Section 293(1)(9) of the Companies Act, 1956 for creating security in favour of the Bank as aforesaid. 13. The Borrower has duly paid all rents, royalties and all public demands, including Provident Fund dues, gratuity dues, Employees State Insurance dues, income tax, sales tax, corporation tax and all other taxes and revenues payable to the Government of India or to the Government of any State or to any local authority and that at present there are no arrears of such dues, rents, royalties, taxes and revenues due and outstanding and that no attachments or warrants have been served on the Company in respect of Sales Tax, Income Tax, Government revenues and other taxes. 14. That the said loans borrowed/to be borrowed by the Borrower are within the borrowing limits of the powers of Board of Directors of the Borrower. 15. That I am not aware of any act, deed, matter or thing or circumstances which prevents the Borrower from charging the said immovable property in favour of the Bank. 16. That I have made the aforesaid declaration for and on behalf of the Borrower  solemnly and sincerely believing the same to be true and knowing fully well that on the faith thereof the Bank has agreed to complete the said transaction of mortgage by deposit of title deeds in respect of the said immovable property. THE FIRST SCHEDULE ABOVE REFERRED TO: (Description of the immovable property) THE SECOND SCHEDULE ABOVE REFERRED TO: (List of Title Deeds) Solemnly affirmed at ___________ ) On this               day of         201___ ) Before me; NOTARY Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-)

RECONVEYANCE DEED This Indenture made at……………..this……………..day of....................20………between A, son of……………..resident of..................... , hereinafter called the Mortgagee of the ONE PART and B, son of……………..resident of……………..hereinafter called the Mortgagor of the OTHER PART.   WHEREAS the Mortgagor mortgaged in favour of the Mortgagee the property described in the Schedule hereunder written, by an Indenture of Mortgage dated the…………….. day of…20……………..registered in the Office of Sub Registrar of Assurances...................under Serial No …………….. of 20……………..under date.....................to secure a loan of Rs… . lent by the Mortgagee to the Mortgagor.   AND WHEREAS the Mortgagor has paid a sum of Rs ……………..on account of principal and interest thereon payable under the said Mortgage and willing to pay the balance of Rs . ……………..for redemption of the mortgage.   NOW THIS DEED WITNESSETH THAT in consideration of the payment of Rs . ………… to the Mortgagee by the Mortgagor paid in full of the principal sum and interest due and owing to the mortgagee on the security of the said Indenture of the Mortgage (the receipt whereof the Mortgagee doth hereby admit and acknowledge and of and from the same doth hereby acquit, release and forever discharge the Mortgagor), the Mortgagee doth hereby retransfer and reconvey to the Mortgagor all that the said mortgage property, more particularly described in the Schedule hereto, to have and hold the same unto the Mortgagor absolutely and free from encumbrances of any kind whatsoever and discharged from all claims, demands and rights of the Mortgagee under the said mortgage and the Mortgagee hereby covenant with the Mortgagor that he has not done or knowing or willingly suffered or been party or privy to any act, deed or thing whereby or by reason of means whereof the said mortgaged property hereby reconveyed or retransferred or intended so to be or any of them or any part thereof may or shall be impeached, affected or encumbered in title, estate or otherwise howsoever.   AND THE MORTGAGEE HEREBY DECLARES AND CONFIRMS that he has delivered the title deeds in respect of the mortgaged property and the Deed of Mortgage to the Mortgagor.   IN WITNESS WHEREOF, the said Mortgagee has hereunto set his hand the day and year first hereinabove written.   The Schedule above referred to   WITNESSES 1 Signed and delivered by the withinnamed Mortgagee 2. Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

AGREEMENT BETWEEN THE BANKS IN CONSORTIUM LOAN TO A PARTY Download Word Document In English. (Rs.35/-) Download PDF Document In Hindi. (Rs.45/-) This Agreement is made at……………..this the……………..day of……………..20…… between X Bank, a body corporate constituted by and under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and having its Head Off ice at………… and (hereinafter called "X Bank", which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns) of the FIRST PART, Y Bank, a Statutory Corporation constituted by and under the ..................... and having its head office at (hereinafter called "Y Bank", which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns) of the SECOND PART, Z Bank, a body corporate constituted by and under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 and having its Head Office at (hereinafter called "Z Bank" which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns) of the THIRD PART. A Bank, a Banking company within the meaning of the Banking Regulation Act, 1949 and a Company incorporated under the Companies Act, 1956 and having its Registered Office at……………..(hereinafter called "A Bank" which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns) of the FOURTH PART.   WHEREAS   (1) The……………..Limited, a company incorporated under the Companies Act, 1956 (hereinafter called the Borrower, which expression shall unless it be repugnant to the subject or context thereof, include its successors and assigns) had applied to X Bank for a loan of Rs . ……………..for its working capital requirements, and the said X bank approached the Y Bank, Z Bank and A Bank who have agreed to be members of X Bank Consortium and share the loan amount to be sanctioned by the X Bank Consortium.   (2) The said X Bank has been designated and recognised as the lead Bank of the X Bank Consortium, and Y Bank is designated and recognised as the second lead Bank of the X Bank Consortium.   (3) The X Bank Consortium, has sanctioned the loan to the Borrower inter alia for the Working Capital facilities in the proportion as mentioned in the Working Capital Consortium Agreement dated the……………..day of……………..20……………..between the Borrower and the said Banks (hereinafter called "the Consortium Agreement") for meeting a part of the Working Capital needs of the Borrower in addition to the existing facilities and replacement of certain other facilities on the terms and conditions set out in the said Consortium Agreement and such other conditions as may be stipulated by the X Bank Consortium from time to time. The Working Capital facilities are hereinafter collectively referred to as "the said facilities" which expression shall, unless it be repugnant to the subject or context thereof, include each such facility or any one or more of them. The limits or sub limits as so fixed from time to time during the tenure of the said Consortium Agreement shall be deemed to be the limits or sub limits covered under the said facilities.    (4) As security for the repayment of the said facilities together with interest, costs, charges and other expenses, payable in respect of the said facilities, the Borrower created in favour of the said Banks a first charge by way of Hypothecation on its Current Assets, both present and future, wherever situated but pertaining to the Borrower as mentioned in the Joint Deed of Hypothecation dated the……………..day of……………..20……………..executed by the Borrower in favour of the said Banks and also created in favour of the said Banks by way of Collateral a second charge on the Fixed Assets, both present and future, of the Borrower (The aforesaid charges are hereinafter collectively referred to as "the said Securities"),   (5) For operational convenience, the said Banks have agreed to enter into an inter se Agreement being these Presents to define the rights of the said Banks relating to their rights in the securities and charges and other matters relating thereto. Now therefore, it is hereby mutually agreed between the parties as follows: (i) The Member Banks hereby recognise X Bank as the Lead Bank and Y Bank as the Second Lead Bank of the X Bank consortium. (ii) The Member Banks hereby agree to abide by the directions, instructions and clarifications as may be given from time to time by the Lead Bank in consultation with the Second Lead Bank, in respect of any matters arising out of or in relation to the Cash Credit Account(s) or other Account(s) opened by the Borrower with the X Bank Consortium. (iii) Notwithstanding anything to the contrary contained in or arising out of or implied by the said Consortium Agreement and/or the Joint Deed of Hypothecation, it is hereby agreed and declared by and between the said Banks as follows: (a) X Bank will act as the Lead Bank of the X Bank Consortium and Y Bank as the Second Lead Bank and all the Members shall act in the spirit of the Consortium and all decisions should, as far as possible, be arrived at unanimously including those relating to sharing of ancillary business and drawings under different Facilities sanctioned to the Borrower. (b) The members of the Consortium do hereby agree to execute in favour of the Lead Bank and the Second Lead Bank a power of attorney or other authorisation as may be deemed appropriate for constituting the Lead Bank and the Second Lead Bank as their true and lawful attorneys for them, in their name and on their behalf to do, execute and perform all acts, deeds and things as the Lead Bank and the Second Lead Bank may deem appropriate, necessary or expedient in the given circumstances as the leaders of the X Bank Consortium and to take decisions for and on behalf of the Consortium and communicate the same in the general interest of the Y Bank Consortium. The Member Banks do hereby agree to ratify and confirm whatever all acts, deeds and things lawfully and bona fide done, taken or effected by the Lead Bank and the Second Lead Bank as such attorneys in exercise of the powers, authorities and liberties hereby conferred upon, under and by virtue of this Agreement. (c) The Members of the Consortium do hereby agree that they would act in the best interests of the Consortium having due regard to the interests of each of the Members of the Consortium. (d) Each Bank shall consult the Lead Bank in respect of any matter relating to the said Facilities including those relating to sanction of ad hoc/temporary credit to the Borrower and act in consonance with the clarifications, directions and decisions as may be given by the Lead Bank. (e)                A Bank Consortium shall act in accordance with the directions and instructions given by the Lead Bank in so far as the monitoring of the Borrower's Cash Credit Account(s) or other Account(s) with them are concerned and abide by the decisions of the Lead Bank and the Second Lead Bank, which will be binding on the other Members of the Consortium, in case of any dispute or difference of view on the quantum of the permissible bank finances, terms and conditions to be imposed or any other matter pertaining to the Borrower's Cash Credit Account(s) or other Account(s). (f) If on account of operational difficulties or locational problems, the borrower desires to avail of any non fund based facility from one Member Bank in preference to another, the Lead Bank should as far as possible evolve a suitable system of sharing the relative income thereof at a Consortium Meeting and the decision of the Lead Bank/the Second Lead Bank thereon shall be binding on the Members of the Consortium. (g) Each Bank shall not, without the consent of the Lead Bank, agree to any modification of the terms of this Agreement nor waive the rate of interest on defaults or vary the margins stipulated earlier unilaterally. (h) Subject to the Provisions of the inter se arrangement as may be entered into between the said Banks and the other Lenders, all proceeds of sale or other proceeds out of or in connection with any of the said Securities created by the Borrower shall be applied in the manner as set out in clause 5 herein. (i) Any action for the enforcement of the said Securities against the Borrower shall be taken by the Lead Bank in consultation with the other Members of the X Bank Consortium and the X Bank as the Lead Bank shall be at liberty to take any steps to realise or enforce the said Securities agreed to be created or close and cause to be closed the respective Cash Credit Account(s) or other Account(s) opened in the Books of the said Banks but in the morning of the full working day immediately preceding, any action intended to be taken under this clause, due notice of such intention and of the action intended to be taken shall be communicated in writing by the Lead Bank to the other Banks and the other Banks shall immediately or as soon as possible after receipt of such notice demand repayment of the moneys due under the relative Cash Credit Account(s) or other Account(s) and stop all further advances or accommodations to the Borrower on the relative Cash Credit Account(s) or other Account(s) of the Borrower with it and notify its intention in writing either to act jointly in such action with the Lead Bank or otherwise and in case the other Banks shall agree to act jointly in such action then the said Banks shall act jointly and in case of failure, neglect or refusal by the other Bank to join in any such action, the Lead Bank taking action shall make the Banks so refusing, a defendant/ respondent in any action which it may take against the Borrower (j) All members of the Consortium should jointly and severally ensure that there is no slackness in follow up of and supervision over credit extended to the Borrower and each of the said Banks shall keep the Lead Bank advised of all matters affecting this Agreement and shall initiate such action as may be deemed appropriate in mutual consultation with one another of the X Bank Consortium. (k) Inspection of the Books of Account, verification of securities and spot checks shall be done by such Member Bank by rotation as may be decided by the Lead Bank and the Second Lead Bank and the Notes of Inspection and Verification shall be forwarded to all the Members of the Consortium. The Member Banks shall ensure that there is no piecemeal collection of data from the Borrower by each Member separately but that all collection of data is made by the Lead Bank or as it may direct. (l) Each of the said Banks shall at the request of the Lead Bank or the Second Lead Bank join in the exercise of any power hereby made exercisable by the said Banks or any of them and shall join or concur in all such acts, proceedings, things or steps as may be necessary or convenient to enable any of the said Banks to recover any moneys due to it upon the said Securities or otherwise to obtain the benefit of the said Securities and in default, the defaulter Bank shall be made a defendant/respondent in any action, the other Banks may decide to take. (m) The Lead Bank and the Second Lead Bank shall meet at quarterly intervals to assess the performance of the Borrower based on the Statements from the Borrower under the Quarterly Information System (QIS) and fix at such Meeting the Operating Limits/individual Bank's share thereof for the next Quarter which shall be binding on the Members of the Consortium. (n) No Member of the Consortium shall opt out of the Consortium mainly on account of the Sickness/Impending Sickness/Weakness of any of the Borrower's Units. In the event of a Member of the Consortium desiring to opt out of the Consortium for any other reason considered to be valid by the Lead Bank either by itself or at the instance of the Borrower, that Member's Share in the said Facilities should in the first instance be offered to one or more among the other Member Banks and only if none of them is willing to take up that Share, one or more New Banks may be admitted into the  Consortium in consultation with the Lead Bank. (o) Where however, a Member Bank faces a temporary liquidity constraint, it will be open to one or more of the other Member Banks to agree, on request by the said Bank, to take up for a temporary period not exceeding six months or such other period as may be agreed to by the Lead Bank at its sole discretion (hereinafter referred to as "the Stated Temporary Period") that Bank's Share in any Additional Credit Facility that may be sanctioned to the Borrower against the Guarantee of that Bank, if so called upon and on the understanding that the said Bank will take over its due Share by the end of the Stated Temporary Period. It is specifically agreed that the status of the Lead Bank in such an event does not get affected if for a temporary period the Lead Bank ceases to have the required largest exposure in the Fund Based Facilities granted to the Borrower during that period. (p) The Lead Bank will be solely responsible for submission to the Reserve Bank of India on behalf of Consortium Members for post sanction scrutiny under the Credit Monitoring Arrangement and for answering to the requisitions as may from time to time be made by the Reserve Bank in that regard. The Lead Bank will also be solely responsible for submitting an Application on behalf of the Consortium Members for authorisation, if required and for obtaining the same and for answering to the requisitions as may from time to time be made by the Reserve Bank in that regard.   (iv) Each of the said Banks shall supply to the other or others of the said Banks Statements, monthly or more often as may be agreed upon, showing the state of the Cash Credit Account(s) or other Account(s) in the Books of the Bank supplying such Statement and the amount of payments in and the drawings out of or any other sum debited to the Cash Credit Account(s) or other Account(s) during the period preceding the date of the Statement.   (v) Notwithstanding anything to the contrary contained in the said Consortium Agreement and/or the Joint Deed of Hypothecation or arising from or by virtue or reason of or implied by the same, all moneys resulting from the enforcement or realisation of the said Securities by or on behalf of the said Banks and the amounts realised from any policy or policies of insurance in respect of the said Securities though payable to the Borrower and any other realisation from or out of the said Securities or any part thereof by enforcement of the said Securities or by recourse to any special legislation for recovery of dues as may be applicable or otherwise howsoever shall be available for distribution amongst the said Banks inter se in the same proportion to their respective outstandings in the said Facilities, without any preference or priority of one over the other or others for all purposes and to all intents and shall be applied by the Lead Bank with all convenient despatch in the manner herein provided.   (a)                Firstly there shall be paid out of such moneys or provisions made thereout for the costs, charges, expenses, incurred by the said Banks for and incidental to the enforcement of the said Securities and/or realisation or receipts of such money; (b) Secondly the balance of such moneys shall:    (i)                  in the event of the moneys so available for distribution being sufficient to pay to the said Banks the full amounts of the Debts (including the contingent liabilities) due from the Borrower to them respectively be applied simultaneously in the payment to each of them of their respective debts in full; (ii) in the event of moneys available for distribution being insufficient to pay to each of them the full amount of the Debts (including the contingent liabilities) due from the Borrower to them respectively, be applied pari passu as nearly as may be practicable towards payment to each of them without any preference or priority whatsoever. The amount distributable to each of them shall bear to the total distributable amount the same proportion which the outstanding amounts of the Debts (including the contingent liabilities) due to each of them bears to the aggregate of the outstanding amounts of the Debts (including the contingent liabilities) due to all of them under the said Securities created and/or to be created by the Borrower; (c) Thirdly the surplus if any, out of such moneys shall be paid by the Lead Bank to the Borrower or the person entitled thereto.   (6) All realisations out of policies of Insurance taken out by the Borrower in respect of the said Securities although taken only in the name of the Borrower shall be available for the benefit of the said Banks.   (7) Notwithstanding that the Lead Bank shall distribute the realisations in the manner mentioned above, as between the said Banks and the Borrower, the said Banks shall be entitled to enforce their rights by suit against the Borrower for any money's that may still be due to them from the Borrower.   (8) All documents of title evidencing the creation of the said Securities by the Borrower and all documents relating to the said Cash Credit Account(s) or other Account(s) shall be held by the Lead Bank or as it may direct. The Lead Bank shall make available the said documents to the Member Banks or any of them against their accountable receipt for the same.   (9) The Lead Bank shall take all the necessary and appropriate steps and actions to ensure compliance by the Borrower with all the terms, conditions and stipulations in respect of the said Facilities, the repayment and payment obligations of the Borrower or the Guarantor/s to the said Banks, the quality, quantity and sufficiency of the Security therefor and shall undertake at the cost and expense of the Borrower the requisite inspection of the said Securities in accordance with the relevant provisions of the said Consortium Agreement and/or the Joint Deed of Hypothecation. Whenever the Lead Bank takes any action, which in its opinion and discretion is necessary or appropriate in pursuance, or for the enforcement, of its rights over the said Securities or other security by taking possession of the said Securities, dealing therewith, or disposal thereof, or any other manner or by filing suits, actions or other proceedings or in any other manner in accordance with the terms, conditions and stipulations contained in the said Consortium Agreement and/or the Joint Deed of Hypothecation and or otherwise, such actions shall be taken for itself and for and on behalf of the Member banks and where such actions have not been specifically so taken they shall be deemed to have been taken for itself and for and on behalf of the Member Banks.   (10) Each of the said Banks hereby agrees that all acts, deeds and things done in accordance with this Agreement by the Lead Bank shall be construed as acts, deeds and things done by each of them and each of the said Banks undertakes to ratify and confirm all whatsoever the Lead Bank shall do or cause to be done for itself and on their behalf. The Lead Bank shall not be liable to the Member Banks for any act, deed or thing done or omitted to be done in good faith under this Agreement.   (11) Any further assistance by way of Working Capital facilities granted to the Borrower by the said Banks would have a ranking of a pari passu nature with the present assistance in respect of the said Facilities to the Borrower and shall be deemed to be included in the said Facilities and secured likewise.   (12)(a) It is declared and agreed by and between the Parties hereto that notwithstanding anything to the contrary contained herein or in the securities created or purported to have been created by the Borrower in respect of the said Facilities granted or continued, prior to the execution of these Presents, shall be governed and be deemed to. have always been governed by the provisions, terms and conditions contained in this Agreement, as if such Facilities were and are part of the said facilities referred to herein and hereunder.   (b) It is declared and agreed by and between the Parties hereto that notwithstanding anything to the contrary contained herein or in the Securities created or purported to have been created by the Borrower in respect of the said facilities or such other facilities as are subsisting from time to time in favour of the A Bank Consortium, the provisions contained herein shall govern not only the A Bank Consortium as constituted at the time of execution of these Presents but also such Consortium or the Reconstituted Consortium as may be formed during the currency of the said facilities as if the members of such Consortium or the Reconstituted Consortium were the original Parties hereto and such Consortium or the Reconstituted Consortium shall enter into and execute such documents or deeds as may be deemed necessary in the opinion of the Lead Bank and as directed by the Lead Bank.   IN WITNESS WHEREOF the Parties hereto have set their hands unto these presents the month and year hereinabove written.   Signed and delivered for and on behalf of Y Bank, the Lead Bank by the hand of Shri. …………….. , its Authorised Official in this behalf.   Signed and delivered for and on behalf of the Member Banks as mentioned below by the hand of its duly authorised Official in this behalf;  Y Bank  Shri…………….. Z Bank Shri…………….. A  Bank Shri……………..

MEMORANDUM OF RECORD FOR CREATION OF EQUITABLE MORTGAGE IN FAVOUR OF A BANK Shri……………..Managing Director of X Y Private Ltd., a company incorporated under Companies Act, 1956 and having its registered office at……………..attended the office of the Bank at on the day of.....................20……………..and delivered to and deposited with Shri......................Branch Manager ……………..Bank ……………..the documents of title described in the First Schedule hereunder written, by way of mortgage by deposit of title deeds in favour of the .............. Bank in respect of the building ……………..situate at............ and the land on which the said building has been constructed, which land admeasures…………….. Sq. Metres, the particulars whereof are given in the Second Schedule hereunder written, the building and the land hereinafter collectively referred to as the said properties   2. While depositing the said title deeds Shri ............................... stated that he was doing in his capacity as Managing Director of the X Y Private Ltd., pursuant to the Resolution of the Board of Directors of the said X Y Private Ltd. with intent to create security by way of mortgage by deposit of title deeds in favour of the ................................. Bank on the said properties together with buildings and other structures now erected or hereafter to be erected to secure the sum of Rs. .....................advanced and to be advanced by the……………..Bank to the said X Y Private Ltd., pursuant to the loan agreement, dated.....................as executed between the said……………..Bank and X Y Private Ltd., together with interest @………… % p.a. and other expenses/costs payable by the said X Y Private Ltd. under the said loan Agreement.   3. Shri……………..stated that he was authorised to create a mortgage as aforesaid by the Resolution passed by the Board of Directors of the said X Y Private Ltd. at their meeting held on .....................and he produced a certified copy of the same.   4.Shri……………..assured and declared that the documents of title so deposited were the only documents of title relating to the said properties in the custody and possession of the said X Y Private Ltd.    5. Shri……………..declared that the said X Y Private Ltd., has a clear and marketable title to the said properties and that the said X Y Private Ltd. was seized and possessed of and otherwise well and sufficiently entitled to the said properties.   6. Shri……………..confirmed that there was no mortgage, charge or lien or statutory tenancy or other encumbrances or attachment on the said properties or any part thereof in favour of any person, firm, company, corporation, society or any Government and that the said X Y  Private Ltd. has not entered into any agreement for sale, transfer or alienation of the said properties or any part thereof.   7. Shri……………..Branch Manager……………..Bank ……………..Branch ……………... accepted the deposit of title deeds made by Shri……………..in the presence of Shri………… and Shri……………..Officers of the……………..Bank……………..Branch ……………...   8. The above was read over to Shri……………..in the presence of Shri……………..and Shri ……………..Officers of the……………..Bank……………..Branch ……………..who were present at the Time of creation of the equitable mortgage and the said Shri. ……confirmed the same.   First Schedule (Details of Title Deeds) Second Schedule (Short particulars of immovable properties) Dated……………..at……………..this day of……………..20  (Signature) Branch Manager,              .......................Bank              ....................Branch  …………….. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

FORM OF REGISTRATION OF CHARGES CREATED BY A COMPANY/MODIFICATION OF CHARGES FORM No. 8 Registration No . ................................  Nominal Capital Rs............................ The Companies Act, 1956  Particulars of Charges created by a company registered in India/subject to which property has been acquired by a company registered in India/Modification of Charges [Pursuant to section 12511271135] Name of the company ................................  Presented by ............................................. 1. Date and description of the instrument creating the charge. 2. Amount secured by the charge/amount owing on security of the charge. 3. Short particulars of the property charged. If the property acquired is subject to charge, date of acquisition of property should be given. 4. Gist of the terms and conditions and extent and operation of the charge. 5. Names, addresses and description of the persons entitled to charge. 6. Date and brief descriptions of instrument modifying the charge. 7. Particulars of modification specifying the terms and conditions or the extent or operation of the charge in which modification is made, and the details of the modification.              Signature...............................            Name…................................         (In Block Capitals)            Designation...................... Dated the...............................day of...............................20…… Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)