Simple Mortgage Deed in lieu of Rent Decree, with Surety
THIS DEED OF MORTGAGE is made on the . . . . . . . . . . . day
of . . . . . . . . ,20 . . . . . . . . BETWEEN A.B. etc. (hereinafter called the ‘‘Mortgagor’’) of the first part AND C.D. etc. (hereinafter called ‘‘the Mortgagee’’) of the second part AND E.F. etc. (hereinafter called the ‘‘Surety’’) of the third part.
(1) The aforesaid A.B. is indebted to the Mortgagee to the extent of Rs . . . . . . . . . . . due under a rent decree dated . . . . . . . . . . passed by the Court of . . . . . . . . . . .;
(2) The aforesaid A.B. not being in a position to pay the aforesaid decretal debt applied to the Mortgagee for permission to pay the same in ten equal instalments with interest at . . . . . . . . . per cent per annum;
(3) The aforesaid E.F. in consideration of the Mortgagee agreeing to accept payment in such instalments agreed to stand surety for payment of the aforesaid amount by the said A.B. to the Mortgagee; and
(4) The Mortgagee agreed to accept the payment of the aforesaid decretal amount in ten equal annual instalments on the payment thereof being guaranteed by the aforesaid E.F. and secured by the hypothecation of the property described in the Schedule hereto in the manner hereinafter appearing;
NOW THIS DEED WITNESSES as follows:
I. In pursuance of the said agreement and in consideration of the sum of Rs . . . . . . . . . . .due to the Mortgagee from the aforesaid A.B., the aforesaid A.B. hereby covenants with the Mortgagee as follows:
(1) He will pay to the Mortgagee the said sum of Rs . . . . . . . . . . in ten equal annual instalments payable on the . . . . . . . . . . in each year;
(2) He will pay interest on the aforesaid sum or on such sum thereof as for the time being remains unpaid at the rate of . . . . . . . . . per cent per annum;
(3) The whole amount due on account of interest on the dates of the annual instalments of the principal shall be paid along with such instalments;
(4) If any instalment is not paid on due date with the interest then due the whole of the money thus remaining due shall become payable at once; and
(5) He will on demand pay reasonable costs incidental to this mortgage.
II. In consideration of the mortgagee having agreed to accept the payment of the said decretal debt from the said A.B. in ten instalments as aforesaid the said E.F. hereby guarantees the repayment of the same to the Mortgagee in accordance with the terms of the covenants hereinbefore mentioned.
III. For the consideration aforesaid and in pursuance of the said agreement the aforesaid A.B. and E.F. (hereinafter jointly called ‘‘the Mortgagors’’) hereby grant and transfer by way of simple mortgage to the Mortgagee ALL that property described in the Schedule hereto and jointly belonging to them to the intent that the said premises shall remain and be charged by way of simple mortgage as security for the payment to the Mortgagee of the said decretal debt and costs in accordance with the covenants hereinafter contained.
IV. The Mortgagors hereby covenant with the Mortgagee as follows:
(i) The said premises are free from encumbrances.
(ii) If the Mortgagors shall make default in payment of any sum when becoming due as hereinbefore provided then the Mortgagee may forthwith enforce against the said premises or against any portion of them all or any of the remedies of a holder of a simple mortgage and these presents shall be read and construed as a simple mortgage as defined by the Transfer of Property Act, 1882.
V. It is hereby agreed that wherever such an interpretation would be requisite in order to give the fullest scope and effect legally possible to any covenant or contract herein contained, the expressions ‘‘the Mortgagor’’ and ‘‘the Mortgagee’’ hereinbefore used include their respective heirs, executors, administrators and assigns.
IN WITNESS WHEREOF the parties hereto have hereunder put their signatures (or, the Mortgagors have signed this deed) the day and year first abovewritten (or, on the dates respectively mentioned against their signatures).