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DEED OF AMENDMENT/RECTIFICATION

This Deed of Amendment/Rectification is made at Dagar, this _____ day


of ________, 2019 by Mst. Arifa Bibi daughter of Saddiq-ullah R/o Pacha
Kalay, Pir Baba, Tehsil Dagar and District Buner, holding CNIC No. 15101-
5986510-2 ( hereinafter called “the Mortgagor”) of the one part;

IN FAVOUR OF

The Bank of Khyber, a Banking Company incorporated by the Government of


NWFP under The Bank of Khyber Act 1991 having its Head Office at 24 The
Mall, Peshawar Cantt: and an Islamic Banking branch at Sowari, Buner
( hereinafter called “the Bank/ Mortgagee” ) of the other part;

WHEREAS the Mortgagor hase executed a Mortgage Deed No. 08,


Book No.1, Vol. 08, registered in the office of Sub-Registrar, Buner on
23/04/2015, (hereinafter called the Principal Deed) in respect of his immovable
property consisting of a house and a market at plot measuring 01-Kanal & 12
Marlas, within red line bearing Khasra No. 997 and Khatha No. 1066/1316,
situated at main bazaar Pir Baba, Mouza Pacha Kalay, Tehsil Gadezai (formerly
Dagar) and District Buner, in favour of the Bank/mortgagee by way of security
for the finance facility granted to M/s Elum Construction Co.

AND WHEREAS certain mistakes/omission and inaccuracies have crept


in the Principal deed which require amendments/rectification in the manner
hereinafter appearing :

NOW THIS DEED witnesses that the Principal deed shall be amended/rectified
and corrected in the following manner, namely:-

a) at page No. 1 the para No. 04, of the Principal deed shall be considered deleted
and shall be modified, substituted and read as follows:

“AND WHEREAS at the request of Mortgagor/Customer the Bank has agreed to


provide Murabaha/ Ijarah/ Diminishing Musharaka/ Musharaka or any other
Islamic Finance facility/facilities to, M/s Elum Construction Co, a registered
partnership firm, (hereinafter called the customer) as per terms and conditions of
the Sanction Advice/Offer Letter upto the extent of amount mentioned in
Sanction Advice / Offer Letter and including the profit/rental of the Bank,
amongst other securities, against mortgage of the Property in favour of Bank by
way of token registered mortgage, being this Mortgage”.

b) at page No. 1 the clause No. 1, of the Principal deed shall be considered
deleted and shall be modified and substituted as under:
“That, the Mortgagor doth hereby mortgage the Property to the extent of Rs
100,000/- (Rupees One Hundred Thousands Only) and to hold the same until
the payment of all moneys due in accordance with the terms and conditions
explained in the Sanction Advice / Offer Letter or any renewal or replacement or
enhancement thereof plus the profit/ rental and services charges of the Bank or
any and all cost, charges, expenses payable to or incurred by the Bank but not
including the opportunity cost or any type of interest plus Default Obligation
Amount as per agreement which shall be utilized by the Bank for charitable
purposes as approved by the Shariah Board.”

c) at page No. 3 in line No. 6 of schedule of property of the Principal deed, after
the wordings District Buner, the following line shall be deemed to be inserted

“having acquired the title through Tamleek Deed No. 02, entered in Book No.
01, Volume No. 08, registered in the office of Sub-Registrar Buner on
05/03/2015”

THAT as rectified and modified as aforesaid the Principal deed of Mortgage


shall remain in full force and effect.

IN WITTINESS WHEREOF the Mortgagor above named has signed this deed on the
day, month and year first written above.

Mst. Arifa Bibi daughter of Saddiq-ullah


R/o Pacha Kalay, Pir Baba, Tehsil Gadezai (Dagar) and District Buner
CNIC No. 15101-5986510-2
(MORGAGOR)

WITNESSES

1- ______________________________________________
r/o______________________________________________
N.I.C No.

2-______________________________________________
r/o______________________________________________
N.I.C No.

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