You are on page 1of 6

DEED OF REGISTERED MORTGAGE

THIS DEED OF MORTGAGE made this 8 May 2023 , BY AND BETWEEN;


Smt. Uma Nahar Aged about 41 years. (Aadhar Card No. 3551 8170 1901) W/o Mr. Manish Kumar
Nahar R/o Sijariya vali gali Bada bazar Teh. Datia District Datia M.P. (hereinafter referred to as
“Borrower/Mortgagor(s)” which expression shall unless repugnant to the context or meaning thereof
be deemed to mean and include my/our respective heirs, executors and administrators

AND

Vastu Housing Finance Corporation Limited, a company having it registered Office at 1st floor vinayak
tower H. NO-588 above Union bank sachin tendulkar marg sirol chouraha Gwalior 474001 and further
having its corporate office at A-203, Navbharat Estates,Barrister Nath Pai Marg, Azad Nagar, Sewri,
Mumbai, Maharashtra 400015 (Hereinafter referred to as the MORTGAGEE/ VHF SALES Manager Mr.
MANOJ KUMAR S/o MAHESH 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;

WHEREAS:

The Borrower/ Mortgagor(s), herein, is the absolute owner with respect to ALL THAT
commercial/residential space measuring about TOTAL AREA 1462 Sq.Ft. means 135.87 Sq.Mtr.(super
built up area) on the ground floor of the building called ‘Part of land Survey No. 2362, Ward no. 31
Pavaiya Ka Bagh, Near Deewan ka Bagh Chetra Datia Gird, Tehsil Datia District Datia M.P. (475661) ’
lying situate at or upon a plot of land measuring about cottahs, chittacks and 1462 sq. ft. comprised in
municipal premises no. Part of land Survey No. 2362, Ward no. 31 Pavaiya Ka Bagh, Near Deewan ka
Bagh Chetra Datia Gird Tehsil Datia District Datia M.P. (475661) under Police Station Kotwali Tehseel
Datia within the limits of Municipal Corporation/SRO Area , together with proportionate and
impartible share in the land of the said premises along with common rights in the common areas and
facilities of the said building and the said premises (hereinafter referred to as the, Said Properties ‟
which are more fully and particularly described in the Schedule written hereunder) by dint of 1. E-
registered sale deed no. MP09592021A1966093 dated 18.11.2021, which was registered in the office
of District Sub-Registrar/Sub-Registrar/Registrar of Assurances at datia in Favor of Smt.Uma Nahar
Aged W/o Mr. Manish Kumar Nahar 2. E-registered sale deed no. MP09592022A1225281 dated
04.03.2022, which was registered in the office of District Sub-Registrar/Sub-Registrar/Registrar of
Assurances at datia in Favor of Smt.Uma Nahar Aged W/o Mr. Manish Kumar Nahar.

The Borrower herein is desirous of obtaining a loan of Rs. 11,00,000/- (Eleven Four Lacs rupees only)
hereinafter referred to as the „Said Loan‟, from the Mortgagee herein with the specific understanding
to create a registered mortgage with respect to the said properties in favor of the Mortgagee/ VHF as
borrower on the terms and conditions of the Loan Agreement executed between the Mortgagor and
the Mortgagee (hereinafter referred to as „The Loan Agreement‟) and the repayment of the said loan
has been agreed to be secured by creating mortgage/charge of the said properties in favor of the
Mortgagee herein.

NOW THIS INDENTURE WITNESSETH:

ARTICLE 1
INTERPRETATIONS

In this Indenture: References to the term singular shall include references to the plural and vice-versa.
References to terms Sections, Clauses, Schedules and Exhibits will be reference to Sections, Clauses,
Schedules and Exhibits to this Indenture. Any reference herein to a statutory provision shall include
such provision, as in force from time to time as amended or re-enacted from time to time. The
Recitals, Schedules and Annexure shall form an integral part of this Indenture. References to
“persons” shall include references to individuals, partnerships, trusts, bodies corporate, associations,
governments and governmental and local authorities and agencies. The term “include”, “including”
and grammatical variations thereof shall be construed without limitation. Any reference to any laws,
shall include all applicable statutes, enactments or acts of any legislative body, laws, ordinances, rules,
bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any
government body, statutory authority, tribunal, board or court, as may be applicable. Clause headings
used are for ease of reference only and in no way define, limit, extend or describe the scope of this
Indenture or any provisions hereof. Any expression not defined herein shall have the same meaning as
assigned to it in the Loan Agreement.

ARTICLE 2
COVENANTS

The Mortgagor/s hereby covenant/s to the Mortgagee that the Mortgagor/s shall repay to the
Mortgagee, on the Due Date, in accordance with this Indenture, the Mortgage Debt and the Loan
Agreement. The Mortgagor/s has/have good right, full power and absolute authority to create
mortgage on their respective Mortgaged Properties, and has/have clear and marketable title to the
Mortgaged Properties free of all encumbrances except as stated in this Indenture. The Mortgagor/s or
any of them will at all times during the continuance of the security, at its own costs, whenever called
upon by the Mortgagee, satisfy the Mortgagee that the Mortgagor’s title to the Mortgaged Immovable
Properties and the Mortgaged Receivables, more particularly described in Schedule II hereunder
written is, clear and marketable and without reasonable doubts. The Mortgagor/s will at all times
during the continuance of these presents and the security hereby created, pay all rents, rates, cesses,
taxes, revenues and assessments, present as well as future and all dues, duties and outgoings
whatsoever payable in respect of the Mortgaged Properties and any future assets that may be
comprised in these presents immediately upon the same having become due and will keep the same
and every part thereof in a good and substantial state of repair and working order and also keep the
same insured in and up to the replacement value thereof. The Mortgagor/s shall not create any
further charges, hypothecation, encumbrances, mortgages in any manner whatsoever without the
prior written consent of the Mortgagee and shall not do any act which would prejudice the Mortgaged
Properties in any manner whatsoever. The Mortgagor/s shall whenever required by the Mortgagee,
permit the Mortgagee and its authorized representatives to carry out technical, financial and legal
inspection during the continuance of the security of the Mortgaged Properties

ARTICE 3
GRANT OF MORTGAGE
That in pursuance of the said agreement and in consideration of sum of 11,00,000/- (Eleven Four
Lacs rupees only) lent/agreed to be lent by the Mortgagee to the Mortgagor on or before or after the
execution of theses presents, the Mortgagor as Borrower doth hereby grant, mortgage and assign
to(without possession) as and by way of Registered mortgage, unto and in favor of the Mortgagee
herein ALL THAT “the properties” more fully described in the Schedule II written here under and
charge and assure the same by way of security for the repayment of the said sum of 11,00,000/-
(Eleven Four Lacs rupees only) together with the interest as agreed upon in the Loan Agreement
dated 04-05-2023. Any structures, which shall, from time to time during the continuance of this
security, be erected or be in or upon the said Mortgaged Properties and/or the said building (including
the unit/s thereon) or any part thereof which may be comprised in the security in favor of the
Mortgagee or fixed or attached thereto and used or intended to be used in connection with the
business of the Mortgagor/s, whether in substitution or replacement of or in addition to any
structures, fixtures, fittings and things now standing or being fixed or attached or used, shall be
automatically included in the security created by these presents and without any act or action by the
Mortgagor/s and become and be part of the Mortgaged Properties;

ARTICLE 4
RIGHT OF REDEMPTION

If the Borrower shall duly pay to the VHF the Mortgage Debt, on the principal Due Date then and in
such case the VHF shall at any time thereafter, upon the request and at the costs (including the stamp
duty and registration charges) of the Mortgagor/s reassure and release unto the Mortgagor/s, all that
of the Mortgaged Properties expressed to be hereby, mortgaged, assured, or charged or any other
assets which may be comprised in these presents unto the Mortgagor/s or their nominees as the
Mortgagor/s shall direct. Provided also and it is hereby agreed and declared that if the Borrower’s
and/or the Mortgagor/s shall fail to pay to the VHF the Mortgage Debt 6 or any part thereof in the
manner provided in the Loan Agreement dated 08-05-2023 and, then and in that event, the
Mortgaged Properties hereby mortgaged , assured, and charged or expressed so to be shall not be
redeemed or be redeemable by the Mortgagor/s or any other person or persons interested in the
equity of redemption thereof at any time thereafter and the VHF shall be entitled forthwith in respect
of Mortgaged Properties to inter alia take steps to enforce the mortgage created and shall also be
entitled to approach the appropriate Court and to cause the execution of Deed / Deeds of Conveyance
in respect of the Mortgaged Properties in favor of the VHF (or any such person/s as they may direct) as
the nominees of the Mortgagor/s.

ARTICLE 5
REPRESENTATIONS AND WARRANTIES:

The Mortgagor/s hereby represent/s and warrant/s to the Mortgagee that the Mortgaged Properties
hereinbefore expressed to be granted, conveyed, assigned, transferred, assured and charged are the
absolute properties of the Mortgagor/s and that the Mortgagor/s has/have clear and marketable title
to the Mortgaged Properties and they are free from any mortgage, charge or encumbrance and are
not subject to any lis pendens, attachment or other process issued by any Court of authority.
The Mortgagor/s represent/s that the execution and the performance by the Mortgagor/s of these
presents and the Agreement and any other document related hereto do not and will not violate in any
respect (a) any law, regulation, judgment, decree or order of any Governmental Authority, (b) the
constitution documents of the developer, or (c) any agreement, contract or other undertaking to
which the Mortgagor/s is/are a party or which is binding on the Mortgagor/s or any of their assets;
The terms, conditions, covenants and other representations made by the Mortgagor/s under the Loan
Agreements of the Borrower shall be applicable to this Indenture and shall form part of this Indenture
and continue to remain binding and in full force and effect;

ARTICLE 6
MISCELLANEOUS PROVISIONS

That the Mortgagor has assured the Mortgagee that the said properties are free from all sorts of
encumbrances including prior sale, agreement, lis pendens, mortgage, attachment etc. and if it is
proved otherwise, the Mortgagor shall be fully responsible and liable to indemnify and keep
indemnified the Mortgagee under all circumstances against any monetary loss, harm, injury suffered
or caused to be suffered to the Mortgagee on account of legal defects in the title of the said
properties and/or in the documents of the Mortgagor in respect of the said properties. That during the
subsistence of the mortgage, the Mortgagor shall not part with possession either in whole or part of
the said properties or transfer the said properties by way of sale, transfer, assignment, lease, lave and
license, mortgage or otherwise.That in the event of default on the part of the Mortgagor to repay the
amount payable by the Mortgagor to the Mortgagee under the terms and conditions of the said loan
agreement or any other agreement, the Mortgagee shall have the right (with a prior notice of fifteen
days) to sell and dispose of the said properties with or without the intervention of the Court to
liquidate the outstanding dues payable by the Mortgagor to the Mortgagee under the said agreement
and/or other agreement. That the Mortgagor hereby agree and confirm that, if necessary, he/she/it ,
at the request and at instance of the Mortgagee, shall execute all other deeds and documents at the
cost of the Mortgagor to secure the repayment of loan obtained from the Mortgagee by these
presents or from time to time hereafter.

SCHEDULE I

Description of credit facilities granted to Borrower: (as per loan agreement)


Security of the fininancial assistance / Loan facility - Property Owner Name Smt. Uma Nahar Aged
about 41 years. (Aadhar Card No. 3551 8170 1901) W/o Mr. Manish Kumar Nahar R/o Sijariya vali
gali Bada bazar Teh. Datia District Datia M.P. Loan start date 29-04-2023 Loan no. Is
HL0000000135069 in loan amount 11,00,000/- (Eleven Four Lacs rupees only) Tenor 180 Months and
rate of interest 13.5% for mortgage in Vastu housing finance corporation ltd. Situated at. 1st floor
vinayak tower H NO-588 above Union bank sachin tendulkar marg sirol chouraha gwalior 474001
(Madhya pradesh ) through its Branch manager Mr./ Miss Soni chauhan for the security of the
financial assistance / Mortgage Loan.

SCHEDULE II
Description of the Mortgaged Properties -: (as per the schedule and description of title documents)

1. Original E-Regd. Sale Deed No. MP09592021A1966093 Dated 18/11/2021 by Mr. VIJAY SING
BUNDELA S/o VEER SINGH BUNDELA in favour of Smt. Uma Nahar W/o Mr. Manish Kumar
Nahar
2. Original E-Regd. Sale Deed No. MP09592022A1225281 Dated 04/03/2022 by Mr.
Soorajsingh kuashwaha S/o SITARAM KUSHWAHA in favour of Smt. Uma Nahar W/o Mr.
Manish Kumar Nahar.

PART A

DESCRIPTION OF MORTGAGED PROPERTY OF MORTGAGOR:


Address as per document :- Part of land survey No. 2362 , Pavaiya Ka Bagh, Near Deewan ka Bagh
Village Datia Gird P.H.No. 19 R.Ni.Mn. Datia Nagar Tehsil Datia District Datia M.P. (475661)

Address as per actual site :-

1.Part of land survey No. 2362 , Ward no. 31 Pavaiya Ka Bagh, Near Deewan ka Bagh Chetra Datia
Gird Tehsil Datia District Datia M.P. (475661), of total area 450 Sq. Ft. means 41.82 Sq. Mtr.

2. Part of land survey No. 2362 , Ward no. 31 Pavaiya Ka Bagh, Near Deewan ka Bagh Chetra Datia
Gird Tehsil Datia District Datia M.P. (475661), of total area 1012 Sq. Ft. means 94.05 Sq. Mtr.

TOTAL AREA 1462 Sq.Ft. means 135.87 Sq.Mtr.

E-registered Document 1.

Boundaries as under as par


document
In the East – KACHA RASTA 18 FT

In the west – SURAJ KI BHOOMI V KUAA

In the North –RAGHAV GURJAR KA PLOT

In the south – SURAJ KI BHOOMI

E-registered Document 2.

Boundaries as under as par


document
In the East – ANYA KA PLOT

In the west – ROAD

In the North –PRASHANT KA PLOT

In the south – VIKRETA KI BHOOMI

E-registered All Document

Boundaries as under as par Site


In the East – ROAD

In the west – SURAJ KI BHOOMI


In the North –PLOT GURJAR

In the south – SURAJ KI BHOOMI

PART B

DESCRIPTION OF RECEIVABLES/MOVABLES:

1. Original Sale deed no MP09592021A1966093 Dated 18/11/2021 by Mr. VIJAY SINGH BUNDELA
S/o VEER SINGH BUNDELA in registered in the office of sub-registrar / Sub registrar of assurances at
Datia, in favour of Smt. Uma Nahar W/o Mr. Manish Kumar Nahar.. registered in the office of sub-
registrar / Sub registrar of assurances at ward no. 31 Ward no. 31 Pavaiya Ka Bagh, Near Deewan ka
Bagh Chetra Datia Gird Tehsil Datia District Datia M.P.(475661)
2.Original Sale deed no MP09592022A1225281 Dated 04/03/2022 by Mr. Surajsingh kuashwah S/o
Sitaram Kushwah in registered in the office of sub-registrar / Sub registrar of assurances at Datia, in
favour of Smt> Uma Nahar W/o Mr. Manish Kumar Nahar.. registered in the office of sub-registrar /
Sub registrar of assurances at ward no. 31 Ward no. 31 Pavaiya Ka Bagh, Near Deewan ka Bagh
Chetra Datia Gird Tehsil Datia District Datia M.P.(475661)

The term “ Movables” OR “Receivables” (and all its derivatives and cognate expressions) shall mean
and include all the right, title, interest, benefits, claims and demands whatsoever of the Mortgagor/s,
in and to or in respect of all amounts owing / payable to and / or received by or to be received by the
Mortgagor/s from any person and / or by any person on behalf of the Mortgagor/s which are now
due, owing / payable / belonging to the Mortgagor/s or which may at any time hereafter during the
continuance of the mortgage become due, owing, payable or belonging to the Mortgagor/s in respect
of the Mortgaged Properties more particularly described in Part A of Schedule II and the structure/s /
building/s (present and future) standing thereon (including the Unit/s) and shall include the sale
consideration, deposits / premium, lease rentals, business centre charges, leave and license fees, rent,
out standings and claims in respect of the said Mortgaged Properties

IN WITNESS WHEREOF the Parties executed these presents, on the day and year first hereinabove
written in the manner hereafter appearing.

1. MANISH KUMAR NAHAR Aged 49 yrs S/O Shri CHANDR PRAKASH NAHAR , R/O KATRA KE
HANUMAN JI KE PASS BAD BAZAR District DATIA M.P. Aadhar Card No 2716 8078 3011

2.PRIYANKA Aged 30 yrs. W/O Shri SUNIL KUMAR R/O 47 VILLAGE PAHADI TEHSIL SEONDHA District
DATIA M.P. Aadhar Card No. 9264 1925 1025

You might also like