Memorandum of deposite of title deeds related Mortgage

MEMORANDUM OF DEPOSIT OF TITLE DEEDS

BANK 1

Address__________

THIS MEMORANDUM OF DEPOSIT OF TITLE DEEDS IS MADE ON THIS THE  _______ TH DAY OF _____________________, 2005.

We, COMPANY 1, a private company limited by shares organized and existing under the laws of the People’s Republic of Bangladesh, having its registered office at address_______________, represented through our Managing Director, Mr. A, do hereby confirm, admit, acknowledge and record that we 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 we are the absolute owner with the intention of creating equitable mortgage upon all of my estate and interest in the land 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 various working capital facilities of Tk. 22,60,00,000.00 (Taka twenty two crore sixty lac) only given by the BANK to us on the terms and conditions of the Loan Agreement dated ___________ executed between the Bank and ourselves, 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 us in future.

We do hereby confirm that we are the absolute owner of the said land with full right to mortgage and transfer our interest and no one else has any right, title or interest in the same.

AND we do hereby further confirm that we have already created registered mortgage upon the land described in Schedule II below vide Deed of Mortgage No. __________ dated _____________ (the ‘Deed of Mortgage’), registered with the Office of the Sub-Registrar, ___________ for an amount of Tk. 28,05,00,000.00 (Taka twenty eight crore five lac) only in favour of the Lenders named in the Deed of Mortgage.

AND we do hereby further confirm having already agreed that whenever requested by the BANK to create further legal mortgage over the land described in Schedule II below by executing a deed of mortgage in favour of the BANK at our own costs in the usual form and with the power of sale and other provisions as the BANK may require for better securing the payment on demand of all moneys secured by this MEMORANDUM.

AND we also declare and confirm that the equitable mortgage, creation of which is confirmed by this Memorandum, shall be a second mortgage only to the legal mortgage created on the land described in Schedule II below by way of the Deed of Mortgage.

AND we further agree and confirm that the BANK may sell the land described in the SCHEDULE-II without intervention of any Court of law in case of our default 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 we do hereby confirm that the documents deposited by us are all that were in my possession, custody and control concerning the said land and nobody has in his possession any other documents relating to the said land and that except for the legal mortgage created in favour of the Lenders by way of the Deed of Mortgage, the said land or any part thereof is not charged or encumbered in any manner whatsoever.

AND we further undertake that in the event of conducting a search over the title of the said land, if the same is found to be defective in title or encumbered in any manner whatsoever except for the legal mortgage created in favour of the Lenders by way of the Deed of Mortgage, we shall make necessary arrangement for rectifying the defect to have a good title over the land mortgaged at our own costs and expenses.

 

SCHEDULE-I

(TITLE DEEDS ETC.)

1.                Deed of Sale No. 4412 dated 17.05.2001 executed by Md. Ala Uddin and four others in favour of Company 1.

2.                Deed of Sale No. 4413 dated 17.05.2001 executed by Md. Tofazzal Hossain and two others in favour of Company 1

3.                Certified copy of Deed of Exchange No. 4298 dated 14.05.2001 executed by between Md. Tofazzal Hossain and Md. Maiz Uddin.

4.                Deed of Sale No. 3557 dated 15.05.96 executed by Md. Ala Uddin and four others in favour of Md. Tofazzal Hossain.

5.                Deed of Sale No. 3558 dated 15.05.96 executed by Md. Reaz Uddin and three others in favour of Mrs. Salina Hossain.

6.                Deed of Sale No. 3572 dated 15.05.96 executed by Abdus Salam and Abdul Khalek in favour of Md. Yusuf Hossain.

7.                Certified copy of Deed of Sale No. 4337 dated 04.05.65 executed by Ummay Kulsum Begum and Safiran Ness in favour of Abdus Salam.

8.                Certified copy of Deed of Sale No. 9524 dated 04.10.69 executed by Mallika Banu in favour of Elahi Bokhs.

9.                Certified copy of Deed of Sale No. 6836 dated 11.11.24 executed by Sree Dowlat Sheik in favour of Sree Sheik Rahim.

10.            Certified copy of Deed of Sale No. 6643 dated 11.05.72 executed by Mehera Khatun in favour of Abdus Salam.

11.            Certified copy of Deed of Sale No. 3488 dated 07.05.94 executed by Ramiza Ahkter Khatun and Majida Khatun in favour of Md. Ala Uddin and four others.

12.            Certified copy of Deed of Sale No. 2970 dated 10.03.66 executed by Rowshan Ara and three others in favour of Elahi Bokhs.

13.            Certified copy of Deed of Sale No. 4324 dated 04.05.65 executed by Mohammad Janab Ali Mirdha in favour of Abdus Salam.

14.            Certified copy of Deed of Sale No. 6643 dated 11.05.72 executed by Mehera Khatun in favour of Abdus Salam.

15.            Certified copy of Deed of Sale No. 4458 dated 13.03.57 executed by Mohammad Ali in favour of Elahi Bokhs.

16.            Certified copy of Deed of Sale No. 2542 dated 08.02.49 executed by Abdus Salam in favour of Elahi Bokhs.

17.            Certified copy of Deed of Hiba-bill-Iwaz No. 3841dated 30.05.94 executed by Abdus Salam in favour of Mohammad Shamsuddin and eight others.

18.            Mutation parchas, C. S., S. A., R. S. Khatians, ground rent payment receipts, non-encumbrance certificates etc.

SCHEDULE – II

SCHEDULE OF THE LAND

‘A’

All that piece and parcel of land 30 decimals situated within District Gazipur, P. S. & Sub-Registry office Sreepur, under Mahal No. 5, J. L. No. 5, Mouza Mawna, C.S. Khatian No. 446/1, 291, 446, 1028, 309, S.A. Khatian No. 1545, 1546, 1143, R.S. Khatian No. 855, 853, 220/1, 808, C. S. & S.A. Dag No.17 & 18, R.S. Dag No. 5418, 5391 & 4528 along with all building(s), structure(s) constructed and/or any other building(s), structure(s) to be constructed thereon together with all rights, interests, title, easements etc. attached thereto.

‘B’

All that piece and parcel of land 380½ decimals or 3.80½ acres situated within District Gazipur, P. S. & Sub-Registry office Sreepur, under Mahal No. 10, J. L. No. 5, Mouza Mawna, C.S. Khatian Nos. 446/1, 291, 434, 434/2, S.A. Khatian Nos. 1546, 1143, 1144, 1504, R.S. Khatian Nos. 855, 853, 1126, 854, C. S. & S. A.  Dag Nos.17, 18 & 20, R. S. Dag Nos. 5418, 5391, 5390, 5396 along with all building(s), structure(s) constructed and/or any other building(s), structure(s) to be constructed thereon together with all rights, interests, title, easements etc. attached thereto.

IN WITNESS WHEREOF WE HEREUNTO SET OUR SEAL AND SIGNATURE ON THE DAY, MONTH AND YEAR MENTIONED ABOVE.

Signed, sealed and delivered by Company 1 through its authorised representative in terms of Board Resolution dated ___________ in witness of the following persons:1. For and on behalf of :

COMPANY 1

___________________________

Name: Mr. A

Designation: Managing Director

Drafted by:

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

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