Deed of Assignment of Mortgage, Mortgagor Joining
This transfer of mortgage made this …………… day of ……….. 1999 between AB of, etc. (hereinafter called the mortgagee) of the first part, CD of, etc. (hereinafter called the mortgagor), of the second part, and EF of, etc. (hereinafter called the transferee), of the third part, whereas by an Indenture dated ………… made between the parties hereto of the first and second parts and registered in Book I, Vol. ……….. etc. it was witnessed that the said CD did for the consideration mentioned therein grant, convey, sell, transfer, assign and assure unto and to the use of the said AB the property fully mentioned and described in the schedule thereto and also particularly written in the schedule below absolutely and forever subject to the proviso for redemption thereunder contained and whereas there is now due and payable to the said AB a sum of Rs. ………. by the said CD under and by virtue of the hereinbefore recited mortgage all interest having been paid up till the date of these presents and whereas the said AB has agreed to assign the said mortgage unto and to the use of the said EF at and for the sum of Rs. ………… Now this deed of transfer witnesseth as follows:
In consideration of the sum of Rupees ………. now paid to the mortgagee by the transferee (the receipt of which sum the mortgagee) hereby admits, acknowledges, and confirms the said AB as mortgagee with the concurrence of CD the mortgagor, doth hereby grant, transfer, assign and assure unto and to the said EF (1) All the said principal sum of Rs…….. due and owing upon the principal deed and all interest to be hereafter due thereon and the benefit of all existing securities thereof: to have and to receive the same to the transferee absolutely. (2) All that the mortgaged premises being Premises No. …….. fully mentioned and described in the Schedule hereto and vested in the mortgagee under and by virtue of the hereinbefore recited mortgage ………. to have and to hold the same absolutely and forever subject to the proviso for redemption thereunder contained. And this Indenture further witnesseth that the said AB doth hereby agree and declare that the said sum of Rs. ………. is due and owing to him under and by virtue of the hereinbefore recited mortgage and that the said AB has not done, executed or performed nor suffered anything to the contrary whereby or by reason or means whereof the mortgaged property or any part thereof may be in any way affected or prejudiced in title or estate or that the said AB may be prevented from transferring and assuring the same unto and to the use of the said EF in the manner hereinbefore indicated.
And this Indenture furthermore witnesseth that the said CD doth hereby join with the said AB and concur with him in effectively transferring, assigning and assuring the said sum of Rs. ……… together with the benefit of the security created on the property under and by virtue of the hereinbefore recited mortgage and further that the said CD doth hereby agree and confirm with the transferee to pay to him on or before the ………. day of …….. the said principal sum of Rs. …… with interest thereon at the rate of ……….. per cent per annum. And also so long after that day as any principal money shall remain due interest at the same rate on the days mentioned in the principal deed. And further to observe and perform all the covenants and conditions and stipulations provided for in the deed of mortgage.
The Schedule above referred to
In witness whereof the parties hereto have executed these presents on the day, month and year first above-written.
Signed, sealed and delivered by AB in the presence of:
Signed, sealed and delivered by CD and EF in the presence of:
Memo of Consideration