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-DEED OF MORTGAGE-

Name of Mortgagor: - Smt. Sushma Kumari

Name of Mortgagee: - IIFL Home Finance Ltd.

Mortgage Amount : - Rs. 1,00,000/-

Stamp Duty @ 2.0%:- Rs.2000/-

PROPERTY DESCRIPTION

Upper Ground Floor Without Roof Terrace Rights, Area Measuring 50 Sq. Yds. I. E.
41.805 Sq. Meters, Property Bearing No. D-3/51-B, Built On Plot No. 40 Out Of
Khasra No. 24/9/1, Situated In Village- Dabri Colony Known As Vashisht Park, New
Delhi- 110046.

THIS DEED OF MORTGAGE made and executed on this _______day of February 2020,
BY AND BETWEEN;

Smt. Sushma Kumari w/o Sh. Magan Kumar (Aadhar No. ---- ---- ----), residing At
House No. D-3/51, Vashisht Park, Pankha Road, Near Janak Cinema, New Delhi;
(Hereinafter referred to as “BORROWER(s)/MORTGAGOR(s)” which expression shall
unless repugnant executors and administrators and assigns of the First Part.

AND
IIFL Home Finance Ltd., having its registered office at IIFL House, Sun Infotech Park,
Rad No. 16V, Plot no. B-23, Thane Industrial Area, Wagle Estate, Thane – 400604
represented through its Authorized representative Mr. Dheeraj Tiwari S/o Vinod
Kumar Tiwari (Aadhar No. 8433 7338 9671), residing at House No. AB- 139, Ram
Nagar Nabi Karim Amar Puri Paharganj New Delhi-110055. Authorized
Representative of IIFL Home Finance Ltd.; (Hereinafter referred to as the
MORTGAGEE/ IIFL HOME FINANCE LTD. which term or expression shall unless
excluded by or repugnant to the context be deemed to mean and include its
successor-in-office, legal representative and assigns) of the Second Part;

The terms & expressions of MORTGAGORS and the MORTGAGEE, unless repugnant
to the meaning or the context hereof, shall mean and include them, their respective
legal representatives, successors, administrators, nominees and assigns.

WHEREAS the Mortgagor Smt. Sushma Kumari w/o Sh. Magan Kumar is the exclusive
owner of Below properties:-
Upper Ground Floor without Roof Terrace Rights, Area Measuring 50 Sq. Yards. I. E.
41.805 Sq. Meters, Property Bearing No. D-3/51-B, Built On Plot No. 40 Out Of
Khasra No. 24/9/1, Situated In Village- Dabri Colony Known As Vashisht Park, New
Delhi- 110046.

East : Others Property West : Others Property


North : Others Property/Portion of Plot South : Gali 10 Ft. Wide

By virtue of:-
Original Sale Deed dated- 05.10.2018 executed by Sh. Arvind Kumar Jain S/o Sh.
Raja Ram Jain in favour of Smt. Sushma Kumari w/o Sh. Magan Kumar in respect of
Upper Ground Floor without Roof Terrace Rights, Area Measuring 50 Sq. Yards. I. E.
41.805 Sq. Meters, Property Bearing No. D-3/51-B, Built On Plot No. 40 Out Of
Khasra No. 24/9/1, Situated In Village- Dabri Colony Known As Vashisht Park, New
Delhi- 110046 duly regd. With Registration. No. 10,107 in Book-1, Vol. No. 9,741 at
Page no. 17 to 23, Dated-20.10.2018 at Sub-Registrar IX, New Delhi.

AND WHEREAS the Mortgagor approached the Mortgagee for a loan of Rs.
1,00,000/- (Rupees One Lac Only) for Loan against Property.

AND WHEREAS the mortgagee has agreed to lend and advance a sum of Rs.
1,00,000/- (Rupees One Lac Only) to the Mortgagor his/her/ their request upon
having the repayment thereof, with interest and charges secured in the manner
hereinafter expressed.

AND WHEREAS the Mortgagor has agreed to comply with the terms and conditions
for securing the said amount along with interest and charges.

AND WHEREAS the Mortgagor have agreed to mortgage the aforesaid property in
favor of the Mortgagee, as a security for repayment of said loan along with interest
and charges as mentioned in the present agreement. The Mortgagor has agreed to
deposit the original title deeds with the Mortgagee.

NOW THIS DEED WITNESSETH:


1. In pursuance of said agreement and in consideration of a sum of Rs. 1,00,000/-
(Rupees One Lac Only) to be paid on or before the execution of said deed by
the Mortgagee to the Mortgagor, the receipt whereof the Mortgagor hereby
acknowledge and confirm the Mortgagor do hereby agree with the Mortgagee
that the Mortgagor will repay the said amount along with interest and subject
to other terms and conditions mentioned as per agreed and accepted Sanction
Letter of the mortgagee; hereinafter referred to as “the ROI”. The Mortgagor
has agreed that the property being the subject matter of the present agreement
has not been mortgaged with any other bank. The Mortgagor can lease out the
present mortgaged property only with the written consent of the Mortgagee.

2. The Mortgagor assures that the amount of loan will be used for the purpose for
which it has been sanctioned. The Mortgagor agrees to repay the said amount
of advance along with interest on a Variable Rate basis or interest rate
announced by IIFL Home Finance Ltd. from time to time as its Retail Prime
Lending Rate (RPLR) shall be applicable to the loan with spread always
mentioned agreed and accepted by Mortgagor as per accepted sanction Letter.

3. That the Mortgagor hereby handover all the Original property documents of the
said property.

4. The first of such installment of repayment shall become due on or before the
expiry of one month from the date of disbursement of loan and subsequently
each installment shall be due in each succeeding month till the entire amount of
loan along with interest and charges are paid in full.
5. It is agreed by the Mortgagor that each installment shall be paid on or before
day which shall be decided by mortgagee, reckoned as per the Gregorian
calendar. If the Mortgagor commits default in payment of any of the installment
on or before said day which shall be decided by mortgagee, then the Mortgagor
shall be agreed to pay additional interest on each defaulted installment at the
rate which shall be decided/fixed by Mortgagee as per his business policy.

6. Any payment received by the mortgagee, first be utilized to adjust any cost to
be levied on Mortgagor, penal interest, interest on loan & only thereafter it will
adjust to reduce the principal amount of loan.

7. It is hereby agreed and declared that in case any of the installments of principal
or interest payable under these presents be not satisfied on the dates herein
before appointed for the payment of such installments of principal or interest
then the whole amount of principal remaining unpaid together with interest
due shall at once become payable to the mortgagee and the mortgagee may
forthwith enforce any of the remedies of which a holder of a simple mortgage is
entitled under the Transfer of Property Act.

8. It is hereby agreed and declared that in the event of three consecutive defaults
by the Mortgagor in repayment of mortgage money, interest and charges, the
mortgagee shall be entitled to take possession of the mortgaged property
subject to confirmation by the Competent Court and shall also be entitled to
recover the sum outstanding against the Mortgagor under these presences and
cause the mortgaged property to be sold for realization of the amount accruing
due to the mortgagee.
9. In case the proceeds of sale, together with the amount, if any, otherwise
realized from the Mortgagor fall short of the total amount due to the
mortgagee then the mortgagee shall be entitled to recover the balance from
the person and other properties of the Mortgagor.

10. The Mortgagor will within one month from the date of these presents insure
and keep insured the mortgaged property from loss or damages by fire, riot and
other usual risks in full value thereof with the Insurance Company approved by
the mortgagee in joint name of Mortgagor and Mortgagee, including in the said
policy usual clause and will duly pay all premiums and sums of money payable
for that purpose and will deliver to the mortgagee the policy for such insurance
and the receipt for every such payment within seven days after it shall become
due and in case the Mortgagor shall refuse or neglect to keep the said
mortgaged property insured to the amount aforesaid or deliver such policy and
receipts as aforesaid then and in every such case it shall be lawful for the
mortgagee to insure the same to the amount aforesaid or any short amount
and all sums of money expended by the mortgagee in or about such insurance
as aforesaid with interest for the same computed from the or respective times
of advancing the same shall be repaid by the Mortgagor to the mortgagee on
demand and in the meantime shall be a charge on the premises hereby
mortgaged in addition to the principal and interest thereon.

11. That the Mortgagor agrees that all sums of money awarded as compensation
for acquisition of any portion of the mortgaged property by Government or
Municipal or railway or any Authority shall be receivable by the mortgagee
direct on behalf of the Mortgagor and that such money as well as moneys
received under and by virtue of any such insurance as aforesaid shall at the
option of the mortgagee either be forthwith applied in or towards the payment
of principal money, interest and costs for the time being remaining due on the
security for these presents.

12. For the consideration aforesaid and in further pursuance of the said agreement
the Mortgagor hereby grants and transfers by way of simple mortgage unto the
mortgagee all the property documents described in the schedule hereto
together with all rights, easements, and appurtenances thereto and all
his/her/their rights, title and interest in and to the said premises hereby
mortgaged shall remain and be charged by way of simple mortgage and free
from all encumbrances as security for the payment to the mortgagee of the said
principal money interest and costs in accordance with the covenants
hereinbefore contained.

13. That by signing of this deed, the Mortgagor shall allow the mortgagee its
servants, agents and surveyors at all reasonable times to enter the said
premises and view and examine the state and condition thereof.

14. The Mortgagor hereby convents with the mortgagee that the mortgaged
property is free from all or any encumbrances and shall not sell, gift, exchange,
mortgage or alienate in any other manner nor shall assign his/her/their interest
in the said property of whatsoever nature, nor shall create any charge or
encumbrance on the said property during the subsistence of the mortgage.

15. The Mortgagor undertakes to pay all the tax, dues ceases and outgoings in
respect of the Mortgagor property regularly and punctually and produce the
receipts thereof to the mortgagee for verification and record.
16. The Mortgagor undertakes that he/she/they will bear all expenses such as
stamp duty, advocate fees, registration charges and other incidental expenses
in connection with this deed.

17. The Mortgagor agrees that if he/she/they commits default in making the
payments of installment then the mortgagee shall be entitled to call back the
entire amount of balance with interest then due and in that case the Mortgagor
will have to make the payment forthwith.

18. It is agreed by and between the parties that the said property/properties is to
stand as a continuing security for loan sanctioned by the mortgagee to the
Mortgagor and it will be enforceable for all monies which may at any time
become due and owing by the Mortgagor to the mortgagee, advocate fees,
registration charges and other incidental expenses in connection with this deed
under the said credit account and/or all other accounts, was after expiry of the
period.

19. The Mortgagor agrees that if he/she/they commits default in making the
payments of installment then the mortgagee shall be entitled to call back the
entire amount of balance with interest then due and in that case the Mortgagor
will have to make the payment forthwith and will not be entitled to claim the
benefit of concession of installment or the excuse the payment of additional
interest.

20. It is agreed by and between the parties that the said property/properties is to
stand as a continuing security for the credit limit/loan sanctioned by the
mortgagee to the borrower/Mortgagor and it will be enforceable for all monies
which may at any time become due and owing by the borrower/Mortgagor to
the mortgagee/lender under the said credit account and/or all other accounts,
was after expiry of the period.

21. That the Mortgagee shall be competent at all times, in accordance with the loan
documents executed by the mortgagor along with other applicants, co-
applicants and borrowers, to recall the loan and the outstanding balances on
the said account of the Mortgagor/s and in that event the Mortgagor/s shall
have no grievance to question to the rights of the Mortgagee. If default
happens in repayment of the said loan etc. (including the subsequent
installment of the said loan) the Mortgagee may at its discretion, by a notice in
writing to the Mortgagors along with other Borrowers, declare the entire
Mortgaged Debt payable forthwith and the security created hereunder shall
become enforceable and in any of the events mentioned in last preceding
clause, the mortgagee shall be entitled and shall have full power to sell, transfer
in whatever manner the Mortgagee thinks fit and proper with and/or without
the intervention of the court, as per law, the mortgaged property either by
public auction or by private contract or by sale under the provisions of section
69 of the Transfer of Property Act 1882 and further power to appoint a Receiver
under the provisions of section 69-A-sub-sections (3) (4) (5) (6) (7) and (8) of the
Transfer or Property Act, 1882 of the mortgaged property or any part thereof
be an agent of the Mortgagors and the Mortgagors shall be solely responsible
for the Receiver’s acts or defaults; or may exercise all the rights available upon
the mortgaged Property, for enforcement of Security interest under the
provisions of Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 (SARFAESI) either for a lump sum or
a sum payable by installments and may make such sale upon such terms and
conditions as the mortgagee shall deem proper and the mortgagee shall have
full power to buy in or rescind or vary any contract for sale etc. of all the
mortgaged premises or any part thereof and to resell the same without being
responsible for any loss which may be occasioned thereby and with power to
compromise and effect compositions and for the purposes aforesaid issue the
receipt of the properties sold and for any other money paid to the mortgagee
and shall effectively discharge the purchaser/s or other person or persons
paying the same there from.

SCHEDULE OF THE PRESENT MORTGAGE PROPERTY

ALL THAT: Upper Ground Floor without Roof Terrace Rights, Area Measuring 50 Sq.
Yards. I. E. 41.805 Sq. Meters, Property Bearing No. D-3/51-B, Built On Plot No. 40
Out Of Khasra No. 24/9/1, Situated In Village- Dabri Colony Known As Vashisht
Park, New Delhi- 110046. (Hereinafter referred as the “said property”)

CERTIFICATE OF TITLE
Certified that title of Upper Ground Floor without Roof Terrace Rights, Area
Measuring 50 Sq. Yards. I. E. 41.805 Sq. Meters, Property Bearing No. D-3/51-B,
Built On Plot No. 40 Out Of Khasra No. 24/9/1, Situated In Village- Dabri Colony
Known As Vashisht Park, New Delhi- 110046 is owned and possessed exclusively by
the owner Smt. Sushma Kumar W/o Sh. Magan Kumar and is in his possession. The
title of the said property is clear and marketable and there are no encumbrances.

IN WITNESS WHEREOF the parties to this Deed have set their respective hands and
seal on the day and date mentioned hereinabove at ____________.

MORTGAGORS
Smt. Sushma Kumar W/o Sh. Magan Kumar (Aadhar No. )

MORTGAGEE
IIFL Home Finance Ltd.
Through its authorized representative Mr. Dheeraj Tiwari.
(Vide Authority Letter dated 04.02.2020)

WITNESSES
1) Name ____________________________________

S/o. ______________________________________

R/o. ______________________________________

______________________________________

______________________________________

Aadhar No. __________________________________

2) Name ____________________________________

S/o. ______________________________________

R/o. ______________________________________

______________________________________

Aadhar No. __________________________________

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