Memorandum of deposite of title deeds related Mortgage

02. Jan, 2011

MEMORANDUM OF DEPOSIT OF TITLE DEEDS

BANK 1

Address_______________________

THIS MEMORANDUM OF DEPOSIT OF TITLE DEEDS IS MADE ON THIS THE  ____ DAY OF _______________, 2003.

I, MRS. A wife of Mr. X of address________________________________________ do hereby confirm, admit, acknowledge and record that I have already deposited with:

BANK 1

Address_______________________

hereinafter referred to as the BANK (which expression shall include its successors-in-interest, legal representatives, administrators and assignees) the documents in the SCHEDULE-I hereto relating to the land described in the SCHEDULE-II of which I am   the lessee with the intention of creating equitable mortgage upon of my estates and interests in the property to which such documents relate for the purpose of securing the payment to the BANK on demand of all outstanding dues including all charges and interests on account of Bank Guarantee (Payment Guarantee) facility of Tk. 15,00,000.00 (Taka Fifteen lac) only given by the BANK to Mr. B proprietor of M/S. RADIANT OVERSEAS having place of business at address_______________________________ (hereinafter referred to as the BORROWER) either solely and/or jointly with any other person or persons liable to the BANK on account of the said liability including the interest and charges accruing on or in connection with the said liability and any other loan as may be given to the BORROWER in future.

I do hereby confirm that I am the present lessee of the said property with full right to mortgage and transfer my interest and no one else has any right, title or interest in the same.

AND I do hereby further confirm having already agreed that whenever requested by the BANK to execute a valid legal mortgage deed of the said land in favour of the BANK at my own costs in the usual form and with the power of sale and other provision as the BANK may require for better securing the payment on demand of all moneys secured by this MEMORANDUM.

AND I further agree and confirm that the BANK in exercise of power under section 69 of the Transfer of Property Act, 1882 may sell the said property described in the SCHEDULE-II without intervention of any Court of law in case of default on the part of the BORROWER and/or by any one to pay the sum due or any part thereof after the BANK demanded for the same. The said power to sell is expressly and unequivocally conferred to the BANK.

AND I do hereby confirm that the documents deposited by me are all that were in my possession, custody and control concerning the said property and nobody has in his possession any other documents relating to the property and that the said property or any part thereof are not charged or encumbered in any manner.

AND I further undertake that in the event of conducting a search over the title of the said property, if the same is found to be defective in title or encumbered in any manner whatsoever, I shall make necessary arrangement for rectifying the defect to have a good title over the property mortgaged at my own costs and expenses.

SCHEDULE-I

(TITLE DEEDS, ETC)

a)  Indenture of Lease dated 10/01/1995 executed between Rajdhani Unnayan Kartripakkha and Mr. C through his constituted attorney Mr. X.

b)  Photocopy of final survey report issued by RAJUK dated 06/11/1994

c)Letter No. RAJUK/ESTATE/1274/?nvei dated 30/04/1995 issued by RAJUK regarding transfer of the land in question infavour of the present lessee Mrs. A.

d) Photocopy of Affidavit No. 75 dated 18/02/1995 affirming the said oral gift in favour of Mrs. A by her husband Mr. X.

e) RAJUK’s letter No. RAJUK/ESTATE/2323/?nvei dated 23/07/1995 accepting Mrs. A as the present lessee.

f)Photocopy of the proposal sheet of Mutation Case No. 8089/03 dated 28/09/2003 and original copy of the DCR.

g)    Ground Rent Payment Receipt No. G 378910.

h)     Registered General Power of Attorney No. 10090 dated 29/09/1992

i) Non-encumbrance Certificate issued by Mr. Y, Deed Writer with Govt. Receipt No. 71515 dated 5/11/2003.

SCHEDULE – II

SCHEDULE OF THE MORTGAGED PROPERTY

All that piece and parcel of land measuring 5 Katha situated within District Dhaka, P. S. Uttara, Sub-Registry Office Gulshan, Mouza Faidabad being Plot No. 51 (fifty one), Road-Lake Drive, Sector No. 7 (seven) of the layout plan prepared by the Rajdhani Unnayan Kartripakkha alongwith all constructions and structures constructed or to be constructed thereon with all other rights, interests, title, easements etc. attached or appertaining to the land.

IN WITNESS WHEREOF I HEREUNTO SET MY HANDS ON THE DAY, MONTH AND YEAR MENTIONED ABOVE.

Signed in the presenceOf (signatures, names &Addresses of the witnesses):1.

2.

 __________________________        Mrs. Z

Drafted by:

For: “The Lawyers & Jurists”
M.L.Hotel Tower Ltd,
208,Shahid Syed Nazrul Islam Sarani,
Bijoy Nagar, Dhaka-1000.

www.lawyersnjurists.com

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