_ Ko13H24 eS} en en no nents ann
tu YFHCATION OF MOVABLE: Ff
(1011 ENT OF Hts, 4,000,000/-)
‘The Manager,
National Hank of Pakistan,
Kelman Pla Branch,
Lahuwe,
Dur Sir,
WHEREAS, we M's New Khan Road Runners Private Limited,
4 Private Jimited company
incorporated under the Companies Ordinance 1944, and having ity registered office at C-1, LDA.
Flats, Lansrence Road, Lahore throu Its undersigned authorized represen
referred to as the “Company") have entered into Finance agrecment(s) executed
exceuted from time to time (hereinafter referred to 98 the “Finance agreem
forthe provision of certa
Lnclities (hereinafter referred to ws the "
1 (hereinatier
or to be
1") with your bank
ince Facility") to
AND WHEREAS, we have ngreed to create « hypotheeation charge In your favour over all our
prese
tnd future current assety movable pro
ties ws specified
sccure our obligations under the Finance agreements and repaymet of Finance fi
NOW THEREFORE, WE AGREE AS FOLLOWS:
|. Unless otherwise defined herein or the context otherwise requires terms used herein shall
have the same meanings as alributed to them in the Finance agreements,
Absolute discretion the Facility under and in terms of the Fi
contin
ng security for securing the payment und discharge
liabilities now oF hereater due
‘any 0
‘created, together with 20% thereto being liquidated damages,
ideation of your having at our request provided or agreed to provide in your
hnypothecate to you the present and future fixed movable assets specified in Schedule
hereto (all of which are hereinafier referred to as the "Iypotheeated Assets
‘owing from or incurred by us upon any account or in
ter whatsoever and arising under of pursuant to the Finance agreements whether
accrued, accruing or contingent und whether alone or jotntly wi
costs, fees, charges and expenses incurred in protecting or obi
possession af the Hypothecated Asseis or in protecting, enforcing or real
security of for any advice as to your legal postion in connection with the security here
Schedule hereunder, 10
Wee apreements we hereby
by way of
4 you of all moneys and
others including all
and maintain
ing,
Page Lops
Scanned with CamScanner3. We shall hold as trustees and in trust for you the Fypotheeated Assets eomprised in this,
security as your property and we shall not at any time so long a there shall be any
amount due or owing by us to you on any account remove or cause or permit to be
temoved from the premises specified in Schedule hereto or divert or deal with to your
detriment or hypothecate or otherwise charge or encumber any of the Hypotheeated
Assets or do or permit any act whereby the security herein expressed to be given shall be
in any manner impaired or your interest therein shall be adversely or prejudicially
effected in any manner.
4. We undertake punctually to pay all rates, taxes and other charges, for and in respect of
the premises wherein the Hypothecated Assets are installed/stored and keep the same free
from distress, and in the event of our being sub-tenants, the expression rents, rates, taxes
and outgoings shall include rents, rates, taxes and outgoings payable to or by the principal
lessor and distress levied by the principal lessor.
5. We undertake always to keep hypothecated and charged to you hereunder
plantlequipmentmachinery so as to maintain always, either by payment in reduction of
liability secured hereunder or by additions to the Hypothecated Assets, assets under your
hypothecation and charge of adequate value.
6. The Hypothecated Assets shall be comprehensively insured and kept insured by us with
an insurance company approved by you t0 the extent of the full market value of the
Hypotheeated Assets, and the policies for such insurance shall be taken in your name as
‘co-loss payee and delivered forthwith to you and we undertake punetwally to pay the
premia due for such insurances and to deliver the premia receipts to you and should we
fail so to insure or keep insured the Hypothecated Assets and/or to deliver such policies,
receipts, you shall be at liberty but not bound to effect any such insurances at our
expense.
7. If we shall receive any sums under any insurance relating to the Hypotheeated Assets we
shall pay the sums to you immediately on receiving the same and in the meantime, we
shall hold the said sums as trustees and in trust for you.
8. We expressly agree and warrant that the security hereby constituted is and shall be a
exclusive charge in your favour and that no other encumbrance of any kind has been or
shall be created by us over or affecting the Hypothecated Assets or any part thereof. We
hereby represent that the Hypothecated Assets at the date hereof are frce from all
‘encumbrances of whatsoever nature and that we have lawful authority to hypothecate the
same.
9. You may in your discretion direct us to affix plates or other markings on the/-
Hypothccated Assets to indicate that the said assets are charged to you and we shal
promptly at our own cost and expense follow such instructions. We shal always keep the
Hypothecated Assets distinguished and specifically appropriated to this security to be
dealt with only in accordance with your directions.
10. We shall make and furnish to you such statements in respect of the Hlypothecated Assets
and such fully detailed description thereof as you may from time to time require, You
may at your discretion employ the services of any independent surveyor to verily the
value of the Hypothecated Assets and the cost of such valuation shall be borne by us.
11. We shall ensure that your authorized officers/agents/nominees are allowed to enter the 1
premises after giving us a 7 days notice where the Hypothecated Assets are placed in,
order to inspect and examine the said Hypothecated Assets as and when required by yo
‘we shall provide all our assistance to facilitate such inspections.
Page 2 of $
Scanned with CamScanner12, We shall indemnify you against all damages, costs, elainns, demands and wcthons made
{upon you by reason of any loss, injury or damage suffered by any person fron the ase of
the Hypothecated Assets,
13. We shall ensure that the Hypottieated Assets ate properly maintained and serviced and
used by skilled personnel in aveontanve with the Instructions’ recommendations of the
rmanaficturers, We heteby’ undertake to inform you forthwith in the event of any damage
to the Hypothecated Assets,
V4 In the event of the eceurrene
agreements or 1
of any event of default ay specified In the Finance
ianeial Institutions (Reeovery of Finance) Ordinance 2001 or any
present or fiture legislation promulgated oF to be promulgate in Pakistan or any present
or future construction/interpretation of the same or any provision thereof by superior
stan of any rules and regulation pertinent t0 th
Default) and so often as stieh Event of Defiull shall happen and for continue,
have the full free and unfettered right at our risk and expense concurrently oF separately
as to the whole or any’ part of the Hypothceation Assets and s0 that the exercise
power shall not prevent the exercise of any other powers hereby or in law conferred upon
you:
courts of law in
c (Event 0
8) to appoint by writing signed by any of your manager, assistant manager, acting
vers (with power {0 you fo
anager oF geting assistant manager one OF More re
Nn) as yo
the Hypothecated Assets as you may from time to time di
(not exceeding two peveent (2%) ofthe gross collection) as you may think reasonable
and the receiver shall apply all money received by it Firstly in disel cost
charges and expenses incurred by it as receiver, seconlly
remuncration, thirdly in or towards payment of all monies owing, to you from us
1g and whether dhie or not, and fourthly, i thereafter there remain any
aid 10 us andor,
and to sell or otherwise dispose off the Hypothecated
60°
remove or substitute them or any oF th ent to dernand, collect or recover
ct, for such remuneration
pe 0
payment of its
however ari
surplus it shall be
b) to seize, take p
Assets, or any part thereof at such time or times with oF without reserve, in whol
in lots (and without regard to the amount actually due to you) and in such fashion
whether by public auction oF private bargain and at such price ox priges as you may in
your absolute discretion consider expedient,
session 0
oF being liable for
without being bound f0 exercise any of these pov ay loss in the
exercise thereof and without prejudice to your rights and renedies of suit or otherwi
and notwithstanding there may be pending uny suit or ather proceeding aid we unde
to give you all facilities and assistance necessary or in your opinion expedient for edie
ing the security including such possession or information as you may require, \
15. In the event of the sale oF other disposition by you of the whole or any part of the
Hypothecated Assets or the receipt by you of the whole or any part af the money due
under all of any of the said insurances, the proceeds shall be app in the manner stated
in clause 14(a) hereof,
16. For all the purposes of accounting hereunder we undertake 40 ueeept statements of
accounts made out from your books by your principal accountant or manager with the
production of any other voucher, documents, paper or evidence.
17. The security hereby constituted Is u continuing security for any money from time to tm
due or owing from us however and whenever arising and accounts between yourselves
and ourselves are not to be considered closed far the purpose of seeurity and the security
i not to be considered exhausted by reason of such necounts being brought to eredit at
Page 3 of S
Scanned with CamScannerany time, This security shall cover the Facil
shall terminate only if you give a written intimation of sts
sereated to the relevant registration office under the provisions of
1984, However the bank shall sign the requisite form for va
of repayment of the Faci
18, Nothing herein comained shall ext
otherwise affect your rights and remedies against us under any ol
document oF under the laws,
19, It is agreed that if you fail to enforce any of your rights hereunder
an Event of Default and/or in the event of our breach or non-cor
terms and conditions hereof, such failure shall not be treated as a waiver or abandon
‘of any such right
Nothing herein contained shall prejudice your rights to hold the Hypothovazad Assets
herein provided as security for any of our present or future indcbtedness and lisbilities to
you oF to apply the proceeds thereof in satisfaction or part satisfaction of
indebtedness and liabilities or to hold any other securities presently or hereatter proviget
as security for any of our present or future indebeedness and liabilities secure bereundes,
or to apply the proceeds thercof in satisfuetion oF part satisfaction of such insfebuadness or
_ liabilities.
21. We hereby agree to indemnify and hold you hamuless against all lasses, damages, claims,
liabilities, casts, charges and expenses which may arise or be sustained by you on aecount
fof anything which you may do of omit to do under the tens hersof oF otherwise in
relation to the security hereby created,
22, Until othenvise mutually agreed in writing the amount intended to be secured hereunder
is Rs. 000,000/- (Rupees Right Million Only) together with all costs, charges,
expenses, liquidated damages as well as costs incurred in entoncement ofthis security.
23, Any notice by way of request, demand or otherwise hereunder may be given by you to ks
by registered post at our last known place of business as noted in writing to you and in
proving service of such notice it shal be sufficient to prove that an envelope so addressed
‘and containing the notice was posted and your certificate to that effect shall be
‘conclusive, Such notice shall be deemed to have been received on the date when it woul
P\0 be delivered in due course of post,
relating to this letter including but not limited to the preparation, registration ant
enforcement thereof and any formalities for pertceting the security hereby create,
SCHEDULE
(Weseription of Hypothecated Current Assets)
‘All Present arid future fixed! movable assets of the company, including but not Lnaited to all its
Dusses, vehicles, transport spare parts, engines, engine parts Yres ete used placed Stornd?
installed oF aitixed or to be used placed’storsd? installed or ailixed at any premises oF the
comainy or any othe storage/work place owned administered by the company we hy angers else
in its control any where in Pakistan and all stich aforesaid goods in the course oF transit and it
routine usage, inelusing bat aot tinted to the following speeitte vehicle unalor vali change of
the banks»
Nye defs
Scanned with CamScannerINE | CHASSIS MAKER
0541675 | Unes20i24 100985 | TOYOTA
MODEL, ~ [REGISTRATION
LAND) CRUISER
2015
IN WITNESS WHEREOF wo uve signed this Letter of Hypothecation at Lahore on the Ot"
day of eptember 2020,
Yours ily,
Mh
through 1 wuthortzed representallves
NICH 35202-8253908)
Designation: Chief Uxecutlve/Director
WITNESSISt
1 Slynature:
a
‘So: Muhammad Sharif
CNICH 95201-1384 001-9.
Wo: Mouse No. $15, SuceL No. 45,,
Moballut Dougers Sadar Mazer, Labor
Cant, Laoww
few Khan Round Runners Private Linuited
Slynnture: -
Full Name: Agpee. le renr
We args tre’
NICH BS eee YSANEY
Wo; WPS IT Meta stave le deve b
Mbsdfa ved thera Seley Lahore’
Hage Sap
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