MORTGAGE?FORMS
Ch. 59] MORTGAGE?FORMS 651
course, the mortgage deed was executed and registered subsequently.
Held, that it cannot be said that ?the subsequently registered mortgage is
non est merely on the ground that at the inception the mortgage was not
registered? ?N. U. Mohanan v K.P. Dhanwanthari 1995 AIHC 2435 (Ker).
12. Stamp duty.?A Mortgage Deed, not being an Agreement relating
to Deposit of title-deeds, Pawn or Pledge, Bottomry Bond, Mortgage of a
Crop, Respondentia Bond, or Security Bond, when the possession of the
property or any part thereof is given by the mortgagor or agreed to be given,
the same duty as a ?Conveyance? is chargeable on such instrument under
Art. 40, Sch. I of the Stamp Act. When, however, possession of the property
is not given or agreed to be given, the duty is chargeable as a Bond under
Art. 15. The above provisions are subject to the respective State Amend-
ments.
FORMS
1
Deed of Mortgage to secure Advance for Business Purposes
THIS DEED OF MORTGAGE is made on this????????? day
of????????, 200? BETWEEN??????, son of??????.
aged about???..years, occupation ? Service/Business, resident
of???. hereinafter called the MORTGAGOR (which expression shall
unless repugnant to the context or meaning thereof be deemed to mean
and include his heirs, legal representative, administrators, successors,
executors in title and assigns) PARTY OF THE ONE PART AND??????..,
A BODY CORPORATE DOING THE BUSINESS OF?????., having its regis-
tered Head Office at?????., registered under the???????,
hereinafter referred to as ?THE MORTGAGEE? (which expression shall unless
repugnant to the context or meaning thereof be deemed to mean and
include its administrators, executors, successors in title and assigns etc.)
PARTY OF THE OTHER PART.
WHEREAS the property bearing Plot No?????. S. No??????
CTS No??????.. situated at????????.. more particularly
described in the schedule written hereunder (hereinafter referred to as ?THE
PROPERTY?).
AND WHEREAS the said property was owned by?????.., a Society
registered under the????.. Co-operative Societies Act.
AND WHEREAS the said society has divided the said property in several
plots and allotted the same to its members.652 CONVEYANCING, DRAFTING & DEEDS [Ch. 59
AND WHEREAS the Mortgagor/Borrower is the member of the said
society.
AND WHEREAS the said plot No????? is allotted to the Mortgagor.
AND WHEREAS the said owner of the property sold the said property to
Mortgagor by Sale Deed executed on?????? and the same is
registered in the office of the Sub-Registrar at?????.and entered in
Book No.1 Volume No????. at pages?????. to????. as Deed
No?????.. for the year?????? and the same is in the possession
of Mortgagor.
AND WHEREAS the Mortgagor approached the Mortgagee for a loan of
Rs????? for promotion of business.
AND WHEREAS the Mortgagee has agreed to lend and advance a sum
of Rs????.. to the Mortgagor his/her request upon having the repay-
ment thereof, with interest and charges secured in the manner hereinafter
expressed.
AND WHEREAS the Mortgagor has agreed to comply with the terms and
conditions for securing the said amount along with interest and charges.
AND WHEREAS the Mortgagor has agreed to mortgage the said property
in favour of the Mortgagee, as a security for repayment of said loan along
with interest and charges.
NOW THIS DEED WITNESSETH:
1. In pursuance of the said agreement and in consideration of a sum of
Rs?????. paid on or before the execution of these presence by the
Mortgagee to the Mortgagor, the receipt whereof the Mortgagor doth hereby
acknowledge and confirm the Mortgagor does hereby agree with the
Mortgagee that the Mortgagor will repay the said amount along with interest
@?????.% p.a. with charges etc.
2. The Mortgagor assures that the amount of loan will be utilised for the
purpose for which it has been sanctioned. The Mortgagor agrees to repay
the said amount of advance along with interest @???..% p.a. or at such
rate as may be fixed from time to time by the?????? .
3. The Mortgagor shall repay the principal sum advanced by to the
Mortgagor with interest in?????? monthly instalments each of
Rs?????.. plus/inclusive of interest. The first of such instalment of
repayment shall become due on or before the expiry of one month from the
date of disbursement of loan and subsequently each instalment shall be
due in each succeeding month till the entire amount of loan along with
interest and charges are paid in full.
4. It is agreed by the mortgagor that each instalment shall be paid on
or before 15th day of each month, if the Mortgagor commits default in
payment of any of the instalment on or before the said 15th day, then theCh. 59] MORTGAGE?FORMS 653
Mortgagor has agreed to pay additional interest on each defaulted instal-
ment at the rate of???..% up to three months and??..% onwards will
be charged from the date of default till the default is made good.
5. It is hereby agreed and declared that in case any of the instalments
of principal or interest payable under these presents be not satisfied on the
dates herein before appointed for the payment of such instalments of
principal or interest then the whole amount of principal remaining unpaid
together with interest due shall at once become payable to the Mortgagee
and the Mortgagee may forthwith enforce any of the remedies of which a
holder of a simple mortgage is entitled under the Transfer of Property Act.
6. It is hereby agreed and declared that in the event of default by the
Mortgagor in repayment of mortgage money, interest and charges, the
Mortgagee shall be entitled to take possession of the mortgaged property
and shall also be entitled to recover the sum outstanding against the
Mortgagor under these presents and cause the mortgaged property to be
sold for realization of the amount accruing due to the Mortgagee.
7. In case the proceeds of sales, together with the amount, if any,
otherwise realized from the Mortgagor fall short of the total amount due to
the Mortgagee then the Mortgagee shall be entitled to recover the balance
from the person and other properties of the Mortgagor.
8. The Mortgagor will within one month from the date of these presents
insure and keep insured the mortgaged property from loss or damages by
fire, riot and other usual risks in full value thereof with the Insurance
Company approved by the Mortgagee in joint name of Mortgagor and
Mortgagee, including in the said policy usual clause and will duly pay all
premiums and sums of money payable for that purpose and will deliver to
the Mortgagee the policy for such insurance and the receipts for every such
payment within seven days after it shall become due and in case the
Mortgagor shall refuse or neglect to keep the said mortgaged property
insured to the amount aforesaid or deliver such policy and receipts as
aforesaid then and in every such case it shall be lawful for the Mortgagee
to insure the same to the amount aforesaid or any less amount and all sums
of money expended by the Mortgagee in or about such insurance as
aforesaid with interest for the same @??.% per annum computed from
the respective times of advancing the same shall be repaid by the
Mortgagor to the Mortgagee on demand and in the meantime shall be a
charge on the premises hereby mortgaged in addition to the principal and
interest thereon.
9.That the Mortgagor agrees that all sums of money awarded as
compensation for acquisition of any portion of the mortgaged property by
Government or Municipal or Railway or any other Authority shall be
receivable by the Mortgagee direct on behalf of the Mortgagor and that such
money as well as moneys received under and by virtue of any such654 CONVEYANCING, DRAFTING & DEEDS [Ch. 59
insurance as aforesaid shall at the option of the Mortgagee either be
forthwith applied in or towards the payment of principal money, interest and
costs for the time being remaining due on the security for these presents.
10. For the consideration aforesaid and in further pursuance of the said
agreement the mortgagor hereby grants and transfers by way of simple
mortgage unto the Mortgagee all the property described in the schedule
hereto together with all rights, easements, and appurtenances thereto and
all his/her rights, title and interest in and to the said premises hereby
mortgaged shall remain and be charged by way of simple mortgage and
free from all encumbrances as security for the payment to the Mortgagee
of the said principal money interest and costs in accordance with the
covenants hereinbefore contained.
11. That the Mortgagor shall allow the Mortgagee its servants, agents
and surveyors at all reasonable times to enter the said premises and view
and examine the state and condition thereof.
12 The Mortgagor hereby covenants with the Mortgagee that the
mortgaged property is free from all or any encumbrances and shall not sell,
gift, exchange, mortgage or alienate in any other manner nor shall assign
his/her interest in the said property of whatsoever nature, nor shall create
any charge or encumbrance on the said property during the subsistence
of the mortgage.
13. The Mortgagor undertakes to pay all the tax, dues cesses and
outgoings in respect of the mortgaged property regularly and punctually
and produce the receipts thereof to the Mortgagee for verification and
record.
14. The Mortgagor undertakes that he/she will deposit with the Mort-
gagee all the original documents of the mortgaged property.
15. The Mortgagor undertakes that he/she will bear all expenses such
as stamp duty, advocate fees, registration charges and other incidental
expenses in connection with this deed.
16. The Mortgagor agrees that if he/she commits default in making the
payments of instalment then the Mortgagee shall be entitled to call back
the entire amount of balance with interest then due and in that case the
Mortgagor will have to make the payment forthwith and will not be entitled
to claim the benefit of concession of instalment or excuse the payment of
additional interest.
17. It is agreed by and between the parties that the said property/
properties is to stand as a continuing security for the credit limit/loan
sanctioned by the Mortgagee to the borrower/Mortgagor and it will be
enforceable for all monies which may at any time become due and owing
by the borrower/Mortgagor to the Mortgageee/lender under the said credit
account and/or all other accounts, was after expiry of the period.Ch. 59] MORTGAGE?FORMS 655
SCHEDULE OF MORTGAGED PROPERTY
ALL THAT PIECE AND PARCEL OF LAND AND BUILDING now standing and
hereinafter constructed along with all the rights appertaining to it bearing
plot no. ?????. cts. no. ?????.. situated within the registration
sub-district?????.. and also within the limits of???????. .Mu-
nicipal Corporation admeasuring about……………….. sq. mtrs. i.e?? sq. ft.
and butted and bounded as follows:
ON OR TOWARDS EAST :
ON OR TOWARDS SOUTH :
ON OR TOWARDS WEST :
ON OR TOWARDS NORTH :
IN WITNESS WHEREOF the parties to this Deed have set their respective
hands and seal on the day and year first above written.
SIGNED SEALED AND DELIVERED by
the parties at???
In the presence of:
Mortgagor
WITNESSES : Mortgagee
1.
2.
2
Agreement between producers of a tele-film and financiers
for advance of money for completion of production of the
tele-film, rights of exploitation, distribution and copyrights
of the tele-film being assigned to the financiers
THIS INDENTURE made etc. BETWEEN A. etc. and B. etc. carrying on
business in co-partnership under the name and style of…………………
at……………. (Producers ? Mortgagors) on the ONE PART AND C. etc. and D.
etc. carrying on business in co-partnership under the name and style
of……………. at……………. (Distributors-Mortgagees) of the OTHER PART.
WHEREAS the Mortgagors as producers of cinematographic films are
now producing and manufacturing a tele-film in the……………. language
tentatively entitled………………. on the basis with……………. and…………….
and others artistes featuring therein;
AND WHEREAS the Mortgagors being in need of funds for the purpose
of completing the said tele-film have requested the Mortgagees to lend and656 CONVEYANCING, DRAFTING & DEEDS [Ch. 59
advance to them a sum not exceeding Rs……………. against the said tele-
film which the Mortgagees have agreed to do upon and subject to the terms
and conditions hereinafter mentioned and secured in the manner herein-
after appearing;
NOW THIS INDENTURE WITNESSETH that in pursuance of the said agree-
ment and in consideration of the premises they the Mortgagors hereby
covenant with the Mortgagees that they the Mortgagors shall and will pay
or cause to be paid to the Mortgagees at……………. all such principal sum
or sums as shall become due and payable by the Mortgagors on account
or in respect of the advances which shall from time to time be made by the
Mortgagees to the Mortgagors on the footing of these presents and also
all interest thereon and all other monies and costs hereinafter provided.
AND THIS INDENTURE ALSO WITNESSETH that in further pursuance of the
said agreement and in consideration of the premises they the Mortgagors
hereby transfer and assign unto the Mortgagees ALL THAT the said
cinematographic tele-film entitled?????.. in its present partly made
condition and in its future finished condition on the same being completed
TOGETHER WITH its negatives and all printed copies thereof that may at any
time come into being AND the copyrights therein respectively AND the full
and exclusive right to distribute, exhibit, exploit and hire the said tele-film
AND the full benefit and advantages of all contracts and engagements to
which the Mortgagors are now or may hereafter be entitled in respect of
the said tele-film TO HAVE AND TO HOLD the said several premises unto the
Mortgagees absolutely subject as to all such premises to the proviso for
redemption herein contained that is to say PROVIDED ALWAYS that if the
Mortgagors shall pay to the Mortgagees the said sum of Rs.???.. or so
much thereof as shall have been advanced to the Mortgagors on the footing
of these presents and all costs hereinafter provided in manner hereinafter
appearing then the Mortgagees shall at any time thereafter at the request
and cost of the Mortgagors re-transfer and re-assign the said several
premises unto the Mortgagors or as they shall direct.
AND the Mortgagors hereby covenant with the Mortgagees (insert
covenants for good title, for freedom from encumbrances and for further
assurance).
AND IT IS HEREBY AGREED AND DECLARED :
1. That the Mortgagees shall within………… days from the receipt of notice
in writing in that behalf from the Mortgagors advance to them such sum or
sums as may be required to complete the said tele-film PROVIDED never-
theless that the Mortgagees shall not be liable to comply with and requisition
for advance made by the Mortgagors if at any time the sum of Rs……… shall
remain due and payable to the Mortgagees on account of such advance.
2. And that the Mortgagors shall apply all advances to be made to them
by the Mortgagees in terms of these presents solely for and towardsCh. 59] MORTGAGE?FORMS 657
completing the said tele-film and for no other purpose and shall submit to
the Mortgagees from day to day a true and faithful statement of the
expenses incurred in connection therewith together with a report on the
daily progress of the production of the said tele-film.
3. And that on completion of the said tele-film the Mortgagors shall
deliver the negatives thereof to the Mortgagees who shall have the sole and
exclusive right to release the said tele-film for show or exhibition and to enter
into all distribution agreements for and on behalf of the Mortgagors for the
purpose of exploitation.
4. And that the Mortgagees shall have full right and liberty to prepare
or cause to be prepared as many printed copies of the said tele-film as may
be necessary for the purpose of proper exploitation thereof and the cost
of preparation of all such copies shall be borne and paid by the Mortgagors
to the Mortgagees.
5. And that the Mortgagees shall be entitled to sign and execute all
distribution agreements in connection with such exploitation as aforesaid
and to receive all amounts payable by distributors or exhibitors of the said
tele-film and to give effectual receipts and discharges for the same.
6. And that out of the monies received by the Mortgagees by such
exploitation as aforesaid the Mortgagees shall in the first place deduct the
costs, charges and expenses incurred by them in or about such exploitation
and in the next place apply and appropriate the balance thereof towards
repayment of the advances made by them to the Mortgagors together with
interest thereon as hereinafter provided and all other monies receivable by
them under and by virtue of these presents.
7. And that the Mortgagees shall not be responsible for any loss or
damages caused to the Mortgagors in connection with such exploitation
as aforesaid save and except those arising out of the Mortgagees? wilful
neglect or default nor shall the Mortgagees be liable to account for any
monies that have not been actually received or realised by them.
8. And that the Mortgagors hereby undertake to complete the production
of the said tele-film with among others the said artistes……………. and
featuring therein not later and ready for immediate release by that date and
guarantee that the completed negative of the said tele-film shall not be less
than???? metre in length.
9. And that if the Mortgagors shall fail or neglect to complete production
of the said tele-film within the time aforesaid the Mortgagees shall be
entitled to take up the completion of the said production and for the purpose
to spend all sums that may be reasonably required to be spent by the
Mortgagees and such expenses shall be on account of the Mortgagors and
repayable by the Mortgagors to the Mortgagees.
10. And that a mutual open and current account shall be kept by and
G : CDD (Vol. 7) ? 42658 CONVEYANCING, DRAFTING & DEEDS [Ch. 59
between the parties hereto in respect of all advances to be made and of
all sums spent or incurred by the Mortgagees and of all sums received by
them in respect of the said tele-film under or by virtue of these presents
and the balance of such account in favour of the Mortgagees shall carry
interest at the rate of……………. per cent per mensem.
11. And that in addition to the interest aforesaid the Mortgagees shall
be entitled to and to receive……………. per cent of the net profits derived from
the exploitation as aforesaid of the said tele-film by way of commission
PROVIDED nevertheless that nothing herein contained shall be deemed to
constitute a partnership between the parties hereto.
12. And that for the purpose of ascertaining the net profits above
mentioned the cost of production of the said tele-film shall be deemed to
be the total sum of Rs???… and any sum realised by the exploitation
of the said tele-film in excess of the said sum after deducting therefrom the
costs, charges and expenses of the distribution agreements and of the
publicities and copies thereof.
13. And that notwithstanding anything hereinbefore contained the
Mor tgagors shall and will repay unto the Mortgagees all sums advanced
by them to the Mortgagors or so much thereof as may remain due and owing
on????..
14. And lastly that in the event of any suit being instituted by the
Mortgagees on the footing of these presents it shall be lawful for them to
apply to a proper court for the appointment of a Receiver to take possession
of the several premises hereby transferred and assigned and to receive the
box office receipts, royalties and hire in respect thereof and that upon such
application being made the Mortgagors shall consent to such appointment.
IN WITNESS etc.
3
Mortgage of leasehold premises by assignment for the
residue of the unexpired term of the lease in favour of the
Mortgagee with necessary covenants for redemption
THIS INDENTURE made etc. BETWEEN A. B. etc. (Mortgagor) of the One
Part AND C. D. etc. (Mortgagee) of the Other Part.
WHEREAS by an Indenture of Lease dated……………. and made between
X. Y. of the One Part Z. X. of the Other Part the hereditaments mentioned
and described in the schedule thereunder and hereunder written were
leased and demised at a monthly rent of Rs??? and subject to the
lessee?s covenants and the conditions therein contained.
AND WHEREAS after divers mesne assignments, events and acts in theCh. 59] MORTGAGE?FORMS 659
law and by and under an Indenture dated……………. and made be-
tween???.. of the One Part and the Mortgagor of the Other Part the said
hereditaments became and are now vested in the Mortgagor for all the
residue the term granted by the said Indenture of Lease dated…………….
AND WHEREAS the Mortgagee has agreed to lend and advance to the
Mortgagor the sum of Rs……………. upon having repayment thereof with
interest thereon as hereinafter mentioned and secured in manner herein-
after appearing.
NOW THIS INDENTURE WITNESETH that in pursuance of the said agree-
ment and in consideration of the sum of Rs……………. to the Mortgagor paid
by the Mortgagee on or before the execution of these presents (receipt
clause) he the Mortgagor hereby covenants with the Mortgagee that he the
Mortgagor shall and will on……………. pay to the Mortgagee at……………. the
said sum of Rs……………. with interest thereon in the meantime at the rate
of……………. per cent per annum subject to the proviso for reduction
hereinafter contained payable monthly on the…………. day of each and every
month for the month immediately preceding AND shall and will thereafter
and in case and so long as the said sum of Rs………. or any part thereof
shall remain unpaid nav to the Mortgagee interest thereon for the said sum
of Rs……………. or so much thereof as shall for the time being remain unpaid
at the rate and in manner aforesaid until the same shall be fully paid
PROVIDED ALWAYS and it is hereby agreed pay and declared that if the
Mortgagor shall pay to the Mortgagee interest on the monthly day
hereinbefore appointed for payment of interest or within one calendar
month thereafter then the Mortgagee shall accept such interest at the
reduced rate of ………….. per cent per annum in lieu of……………. per cent
per annum payable for that month under the covenant in that behalf
hereinbefore contained but without prejudice to the Mortgagee?s right to
require payment of interest at the higher rate for any month in which interest
shall not be paid within the time aforesaid AND also shall and will on demand
pay to the Mortgagee all costs, charges and expenses which may be
incurred, sustained or paid by the Mortgagee in connection with these
presents or in realising or attempting to realise the moneys hereby secured,
whether by sale or attempted sale of the hereditaments hereby mortgaged
or by suit or otherwise, with interest thereon at the rate and in manner
aforesaid from the date of such demand until payment.
NOW THIS INDENTURE ALSO WITNESSETH that in further pursuance of the
said agreement and in consideration of the said sum of Rs???? and
for the purpose of securing due performance by the Mortgagor of the
covenants and engagements on his part herein contained he the Mortgagor
hereby grants and assigns unto the Mortgagee ALL THAT the hereditaments
mentioned and described in the schedule hereunder written TOGETHER
WITH (insert general words and estate clause) TO HOLD the same unto the
Mortgagee for all the residue now unexpired of the term granted by the said660 CONVEYANCING, DRAFTING & DEEDS [Ch. 59
Indenture of Lease dated………… subject to the monthly rent hereby
reserved and the lessee?s covenants and the conditions therein contained
AND subject also to the proviso for redemption hereinafter contained that
is to say PROVIDED ALWAYS that if the Mortgagor shall pay to the Mortgagee
the said sum of Rs……………. with interest thereon at the rate and in manner
aforesaid on………… next in accordance with the foregoing covenant and
also on demand pay to the Mortgagee all costs, charges, expenses as may
be lawfully incurred by the Mortgagee for the purposes aforesaid then the
Mortgagee shall at the request and cost of the Mortgagor reassign the said
hereditaments unto the Mortgagor or as he shall direct.
AND the Mortgagor hereby covenants with the Mortgagee that the said
Indenture of Lease dated……………. is still valid and subsisting AND that he
the Mortgagor has now good right to grant and assign the said heredita-
ments for the residue now to come of the said term of??????? years
in manner aforesaid AND that the same are free from encumbrances AND
further that he the Mortgagor and all persons having any interest in the said
hereditaments or any part thereof shall and will from time to time at his or
their request and cost during the continuance of this security and afterwards
at the cost of the person or persons requiring the same do and execute or
cause to be done and executed all such acts, deeds and things for further
and more perfectly assuring the said hereditaments for the unexpired
residue of the said term of……………. years in manner aforesaid as may be
reasonably required AND that he the Mortgagor shall and will at all times
during the continuance of this security pay the rent reserved by the said
Indenture of Lease dated???? and observe and perform the covenants
and conditions therein on the lessee?s part contained AND shall keep the
Mortgagee and his estate and effects indemnified from and against the said
rent and covenants and all claims and demands in respect thereof.
THE SCHEDULE ABOVE REFERRED TO:
(Describe the property)
IN WITNESS etc.
4
Mortgage of household furniture, goods and materials as
security for loan repayable in monthly instalments, with
Mortgagee?s right to take over possession and sell
the mortgaged property in case of default
by the Mortgagor
THIS INDENTURE made etc. BETWEEN A. etc. (Mortgagor) of the ONE PART
AND B. etc. (Mortgagee) of the OTHER PART.
NOW THIS INDENTURE WITNESSETH that in consideration of the sum ofCh. 59] MORTGAGE?FORMS 661
Rs……………. now lent and advanced to the Mortgagor by the Mortgagee
(receipt clause) he the Mortgagor hereby assigns unto the Mortgagee ALL
THAT the household furniture, goods and materials specified in the schedule
hereunder written upon and subject to the condition that this assignment
shall be void and of no effect if the said sum of Rs……………. with interest
thereon shall be paid by the Mortgagor to the Mortgagee on…………….
pursuant to the covenant next hereinafter contained.
AND the Mortgagor hereby covenants with the Mortgagee to pay to him
the said sum of Rs……………. on……………. next with interest thereon at the
rate of……………. per cent per annum in the meanwhile and until the said
principal sum of Rs……………. shall be fully paid by monthly instalments
payable in advance on or before the…………… day of each and every month.
AND IT IS HEREBY AGREED AND DECLARED that if the said principal sum
of Rs……………. with interest thereon as aforesaid shall not be paid on the
said……………. the Mortgagee may at any time thereafter take possession
of the said furniture, goods and materials or any one or more of them and
for the purpose enter into and upon the premises where they now are or
shall then be and may sell the same or any one or more of them either by
public auction or by private treaty and shall out of the sale proceeds retain
the said principal sum of Rs……………. and interest thereon at the rate
aforesaid together with all costs, charges and expenses incurred on the
footing of this security and shall pay the surplus, if any, to the Mortgagor.
AND THE Mortgagor hereby covenants with the Mortgagee that the
Mortgagor shall during the continuance of this security keep the said
furniture, goods and materials insured against loss or damage by fire and
burglary with……………. in the sum of Rs……………. and that if owing to the
Mortgagor?s default the Mortgagee shall insure the same then the moneys
spent by the Mortgagee in or about such insurance shall be added to the
debt hereby secured and be recoverable by the same means as herein-
before provided with interest thereon after the rate aforesaid.
THE SCHEDULE ABOVE REFERRED TO :
(Set out the articles mortgaged)
IN WITNESS etc.
5
Deed of simple mortgage of freehold property, Mortgagor to
bear all expenses for property taxes, insurances and repairs
and maintenance of the mortgaged property during the
period of mortgage
THIS INDENTURE made etc. BETWEEN A. etc. (Mortgagor) of the ONE PART
AND B. etc. (Mortgagee) of the OTHER PART.662 CONVEYANCING, DRAFTING & DEEDS [Ch. 59
WHEREAS the Mortgagor is seized and possessed of the hereditaments
mentioned and described in the Schedule hereunder written as an absolute
owner free from all encumbrances.
AND WHEREAS the Mortgagor has requested the Mortgagee to lend and
advance to him the sum of Rs…………. which the Mortgagee has agreed
to do upon having repayment thereof with interest at the rate hereinafter
mentioned and secured in manner hereinafter appearing.
NOW THIS INDENTURE WITNESSETH that in pursuance of the said
agreement and in consideration of the sum of Rs………….. paid to the
Mortgagor by the Mortgagee on or before the execution of these presents
(receipt clause) he the Mortgagor hereby covenants with the Mortgagee
that he the Mortgagor shall and will on…………….. pay to the Mortgagee
at……………. the said sum of Rs……………. with interest thereon in the mean
time at the rate of……………. per cent per annum subject to the proviso for
reduction hereinafter contained payable monthly on the………… day of each
and every month for the month immediately preceding AND shall and will
thereafter and in case and so long as the said sum of Rs……………. or any
part thereof shall remain unpaid pay to the Mortgagee interest thereon for
the said sum of Rs????. or so much thereof as shall for the time being
remain unpaid at the rate and in manner aforesaid until the same shall be
fully paid PROVIDED ALWAYS and it is hereby agreed and declared that if the
Mortgagor shall pay to the Mortgagee interest on the monthly day
hereinbefore appointed for payment of interest or within one calendar
month thereafter then the Mortgagee shall accept such interest at the
reduced rate of ………….. per cent per annum in lieu of……………. per cent
per annum payable for that month under the covenant in that behalf
hereinbefore contained but without prejudice to the.
Mortgagee?s right to
require payment of interest at the higher rate for any month in which interest
shall not be paid within the time aforesaid AND also shall and will on demand
pay to the Mortgagee all costs, charges and expenses as between attorney
and client which may be incurred, sustained or paid by the Mortgagee in
connection with these presents or in realising or attempting to realise the
moneys hereby secured, whether by sale or attempted sale of the
hereditaments hereby mortgaged or by suit or otherwise, with interest
thereon at the rate and in manner aforesaid from the date of such demand
until payment.
AND THIS INDENTURE ALSO WITNESSETH that in further pursuance of the
said agreement and in consideration of the said sum of Rs……………. and
for the purpose of securing due performance by the Mortgagor of the
covenants and engagements on his part herein contained he the Mortgagor
hereby grants, conveys and transfers unto the Mortgagee ALL THAT the
hereditaments mentioned and described in the Schedule hereunder written
TOGETHER WITH (insert general words, estate and deed clauses) TO HAVE
AND TO HOLD the same and the inheritance thereof unto the MortgageeCh. 59] MORTGAGE?FORMS 663
absolutely subject to the proviso for redemption next hereinafter contained
that is to say PROVIDED ALWAYS that if the Mortgagor shall pay to the
Mortgagee at?????. the said sum of Rs…………… in accordance with
the terms of the covenant for payment hereinbefore contained and until
payment thereof shall pay to the Mortgagee interest thereon or for so much
thereof as shall for the time being remain unpaid at the rate and in manner
aforesaid and also shall on demand pay to the Mortgagee all costs, charges
and expenses as between attorney and client lawfully incurred by the
Mortgagee shall at any time thereafter at the request and cost of the
Mortgagor re-convey and re-transfer the said hereditaments expressed to
be hereby mortgaged unto the Mortgagor or as he shall direct……………. AND
the Mortgagor hereby covenants with the Mortgagee (Insert usual cov-
enants for title).
AND IT IS HEREBY EXPRESSLY AGREED AND DECLARED:
1. That the Mortgagor shall during the subsistence of the security hereby
created duly pay the Government revenue, cesses and other public charges
as also all rents, rates, taxes and other impositions that are now or may
hereafter be payable in respect of the said hereditaments and shall also
at his own cost keep and maintain all buildings, structures, sheds, erections
and fixtures comprised in the said hereditaments or any part thereof in good
repair and tenantable condition and shall also in receipt of notice in writing
in that behalf allow the Mortgagee, his servants, agents and surveyors at
all reasonable times to enter upon the said hereditaments or any part
thereof and to view and examine the state and condition thereof.
2. And that the Mortgagor shall keep the said hereditaments insured
against fire in some insurance company of repute to be appointed by the
Mortgagee in the sum of Rs………… and shall duly and punctually pay all
premia in respect of the policy thereof and shall whenever called upon by
the Mortgagee produce for his inspection the receipts evidencing payment
of such premia.
3. And that save with the consent of the Mortgagee in writing the
mortgagor shall not have power to grant leases of the said hereditaments
except leases from month to month (or leases for a period not exceeding
three years).
4. And that in case of default of payment of the Government revenue,
cesses and other public charges and the rents, rates, taxes and other
impositions or the premia aforesaid it shall be lawful but not incumbent upon
the Mortgagee to pay the same respectively with a view to safeguarding
his interest as such Mortgagee.
5. And that the Mortgagor shall and will on demand pay to the Mortgagee
all sums so paid as aforesaid and from the time of such a payment and until
repayment the same shall carry interest at the rate hereinbeore provided
and be a charge on the said hereditaments.664 CONVEYANCING, DRAFTING & DEEDS [Ch. 59
6. And that in case default shall be made in the payment of the said sum
of Rs……………. or any part thereof or any interest due thereon on the day
on which the same respectively ought to be paid it shall be lawful for the
Mortgagee to enter into possession of the said hereditaments and thence-
forth to hold and enjoy the same and receive the rents, issues and profits
thereof without any interruption, claim or demand whatsoever by the
Mortgagor or any person or persons whomsoever.
7. And that the Mortgagor shall and will duly and regularly on the monthly
date hereinbefore appointed pay to the Mortgagee interest for the principal
sum for the time being due and owing upon the security of these presents
at the rate hereinbefore reserved and that such interest shall not be in arrear
for more than???? months.
8. And that if the Mortgagor shall at any time make default in paying the
Government revenue, cesses and other public charges or the rents, rates,
taxes and other impositions in respect of the said hereditaments or in
paying……………. successive instalments of interest on the principal sum
then due or commit any breach of any of the covenants and conditions
herein contained then and in any such case the mortgage debt for the time
being due shall at once become payable notwithstanding any stipulation
for payment of principal herein contained and it shall be lawful for the
Mortgagee to enter into possession of the said hereditaments without being
accountable as a mortgagee in possession and thenceforth to hold and
enjoy the same and receive the rents, issues and profits thereof without any
interruption, claim or demand whatsoever by the Mortgagor or any person
or persons whomsoever.
9. And that the Mortgagor shall be at liberty at any time or times hereafter
upon giving one calendar month?s notice in writing or upon payment of a
sum equal in amount to one month?s interest for each part payment of
principal in lieu of such notice to pay any part of the principal sum for the
time being due and owing upon the security of these presents so that not
less than Rs……………. or any multiple thereof be so repaid at any one time
and that upon any such part payment of principal the interest on the whole
principal sum then due shall be fully paid.
10. And lastly that in any suit or proceeding instituted or taken by the
Mortgagee on the footing of these presents the Mortgagor will consent to
a Receiver being appointed of the rents, issues and profits of the said
hereditaments and that the provision hereinbefore contained for reduction
of the rate of interest shall cease to operate.
THE SCHEDULE ABOVE REFERRED TO:
(Description of the property)
IN WITNESS etc.Ch. 59] MORTGAGE?FORMS 665
6
Mortgage with right of possession and power to lease the
mortgaged freehold property and realise rents, issues and
profits in lieu of interest on loan secured thereby by the
Mortgagee, Mortgagor granting an irrevocable Power
of Attorney in favour of the Mortgagee
THIS INDENTURE made etc. BETWEEN A. etc. (Mortgagor) of the ONE PART
AND B. etc. (Mortgagee) of the OTHER PART.
WHEREAS the Mortgagor is seized and possessed of the hereditaments
mentioned and described in the First Schedule hereunder written as an
absolute owner free from encumbrances.
AND WHEREAS upon the treaty of these presents it has been agreed
between the parties hereto that the Mortgagee shall realise the rents,
issues and profits of the said hereditaments and appropriate the same in
lieu of the interest hereby reserved until repayment of the said loan in
manner hereinafter provided.
NOW THIS INDENTURE WITNESSETH that in pursuance of the said
agreement and in consideration of the sum of Rs……………. by the Mort-
gagee paid to the Mortgagor on or before the execution of these presents
(receipt clause) he the Mortgagor hereby grants, conveys and transfers
unto the Mortgagee ALL THAT the hereditaments mentioned and described
in the First Schedule hereunder written TOGETHER WITH (insert general
words, estate and deed clauses) TO HAVE AND TO HOLD the same unto the
Mortgagee absolutely subject to the provisos for redemption hereinafter
contained that is to say PROVIDED ALWAYS that if the Mortgagor shall make
payment of the respective sums at the time and in manner specified in the
Second Schedule hereunder written and set forth opposite the dates
mentioned therein then the Mortgagees shall accept such amount in full
satisfaction of the said principal sum of Rs………. and shall at any time
thereafter at the request and cost of the Mortgagor reconvey and retransfer
the said hereditaments unto the Mortgagor or as he shall direct PROVIDED
FURTHER that the Mortgagee shall at any time after the…………….. day
of……………. (i) upon the request and at cost of the Mortgagor re-convey
and re-transfer the said herditaments unto the Mortgagor or as he shall
direct, the Mortgagee in the meantime realizing the rents, issues and profits
thereof under and by virtue of the powers and provisions herein contained
authorising him in that behalf and appropriating the same to his own use
and benefit in full satisfaction of the said principal sum of Rs…………….
AND IT IS HEREBY AGREED AND DECLARED:
1. That this Mortgagee shall henceforth during the subsistence of this
security stand possessed of the said hereditaments and receive the rents,666 CONVEYANCING, DRAFTING & DEEDS [Ch. 59
issues and profits thereof and subject to the payments hereafter mentioned
appropriate the same in lieu of interest.
2. And that for the purpose aforesaid and to enable the Mortgagee to
grant leases in respect of the said hereditaments during the continuance
of the security the Mortgagor shall by these presents grant to the Mortgagee
a power of attorney irrevocable during the subsistence of the security.
3. And that the Mortgagor shall not do or cause to be done any act, deed
or thing whereby or by means whereof the Mortgagee may be prevented
or hindered from receiving such rents, issues and profits as aforesaid and
shall and will at the request of the Mortgagee but at the cost of the Mortgagor
do, execute and perform all such acts, deeds and things as may be
necessary for effectually enabling the Mortgagee to realise such rents,
issues and profits.
4. And that the Mortgagee shall not be answerable for any loss
whatsoever suffered in or about the exercise or execution of the powers
hereby conferred on him or by any statutory enactment or as a result of any
trust thereby created.
5. And that during the subsistence of this security the Mortgagee shall
out of the said rents, issues and profits pay the Government revenue, and
the rates, taxes and other outgoings in respect of the said hereditaments
and the cost of repairs thereto which the Mortgagee in his absolute and
uncontrolled discretion may think fit to spend in order to keep the same wind
and water tight and in tenantable condition and shall appropriate the
balance thereof in lieu of interest.
6. And that in the event of the said hereditaments or any part thereof
being destroyed by earthquake, tempest, fire, violence of army or mob or
any irresistible force or any act or omission on the part of the Mortgagor
or being acquired by the Government or the Municipality or the…………….
Improvement Trust or any other public body or under the Land Acquisition
Act on or before any of the dates in the Second Schedule hereunder
mentioned then the Mortgagor shall and will pay or consent to pay unto the
Mortgagee the sum set forth in the said Second Schedule hereunder written
as being payable to him on such date and upon receipt of such payment
the Mortgagee shall upon the request and at cost of the Mortgagor re-
convey and re-transfer the said hereditaments unto the Mortgagor or as he
shall direct, AND that it shall be lawful for the Mortgagee to call forthwith
the sum to which he would then be entitled according to the provisions for
payment contained in the said Second Schedule entitling the Mortgagor
to redeem the said hereditaments AND that in case of acquisition of the said
hereditaments or any portion thereof the Mortgagee shall be entitled to
receive and realise out of any compensation money that may be awarded
for such acquisition so much thereof to which the Mortgagee would then
be entitled according to the provisions for payment contained in the saidCh. 59] MORTGAGE?FORMS 667
second schedule entitling the Mortgagor to redeem the said hereditaments
AND that in fixing the date of such destruction or acquisition as aforesaid
regard shall be had to the date when the said hereditaments or any part
thereof shall have been actually destroyed or notified or declared to be or
to have been acquired as the case may be.
7. And lastly that in no circumstances whatsoever the Mortgagor shall
call upon the Mortgagee to render unto the Mortgagor any account
whatsoever to which the Mortgagor would otherwise be entitled or the
Mortgagee be liable by reason of his being in possession of the said
hereditaments or realising the rents, issues and profits thereof by virtue of
the powers in that behalf herein reserved.
AND THIS INDENTURE FURTHER WITNESSETH that in consideration of the
premises the Mortgagor does hereby so long as these presents shall
remain in force and virtue irrevocably nominate, constitute and appoint the
Mortgagee as his true and lawful attorney for him and in his name or in the
name of the Mortgagee and in his discretion to do and perform, execute
and exercise all or any of the following acts, deeds, matters and things,
powers and authorities, namely?
(a) To ask, demand, receive and enforce payment of all rents payable
by the tenants of the said hereditaments and to give effectual
receipts and discharges for the same, which receipts and dis-
charges whether given in the name of the Mortgagor or of the
Mortgagee shall exonerate the person or persons paying the same
from seeing to the application thereof;
(b) To sign all rent bills in respect of the said hereditaments and to
deliver same to the tenants thereof from time to time;
(c) To induct and eject tenants into and from the said hereditaments
as occasion may arise and to grant leases thereof on such terms
and conditions as the Mortgagee shall think fit but the period of
such leases shall not extend beyond the term granted by these
presents;
(d) To prosecute and defend suits and proceedings touching the said
hereditaments and the rents, issues and profits thereof;
(e) To appoint and retain advocates, pleaders and solicitors for the
purpose and such appointments at will to revoke and others again
to appoint as occasion shall arise;
(f) To make, sign, affirm, execute, present and file all applications,
pleadings and other documents necessary and expedient in the
premises.
(g) And generally to act as the attorney or agent for and on behalf of
the Mortgagor in connection with the said hereditaments and to
do all things as fully and effectually as the Mortgagor could do if668 CONVEYANCING, DRAFTING & DEEDS [Ch. 59
personally present, the Mortgagor hereby ratifying and confirming
all and whatever the Mortgagee shall do or purport to do in the
premises.
THE FIRST SCHEDULE ABOVE REFERRED TO:
(Description of the property)
THE SECOND SCHEDULE ABOVE REFERRED TO:
1. If paid before (first anniversary day) Rs…………….
2. If paid after (first anniversary day) but before (second anniversary
day) Rs…………….
3. So on.
IN WITNESS etc.
7
Sub-mortgage of a mortgaged property by the Mortgagee
with necessary covenants and conditions and right
of redemption by the original Mortgagor
THIS INDENTURE made etc. BETWEEN A. etc. (Sub-Mortgagor) of the ONE
PART AND B. etc. (Sub-mortgagee) of the OTHER PART.
WHEREAS by an Indenture of Mortgage dated????. and made
between X therein described of the One Part and the Sub-mortgagor of the
Other Part the hereditaments in the schedule thereunder and hereunder
mentioned and described were granted and conveyed to the Sub-mort-
gagor subject to a proviso for redemption thereof upon payment by the said
X to the Sub-mortgagor of the sum of Rs????? with interest thereon
at the rate of……………. per cent per annum on……………. then next.
AND WHEREAS the said sum of Rs????? and all interest thereon
are now due and owing to the Sub-mortgagor on the security of the said
Indenture of Mortgage.
AND WHEREAS the Sub-mortgagee has agreed to lend and advance to
the Sub-mortgagor the sum of Rs??.. upon having re-payment thereof
as hereinafter expressed and secured in manner hereinafter appearing.
NOW THIS INDENTURE WITNESSETH that in pursuance of the said
agreement and in consideration of the sum of Rs……………. to the Sub-
mortgagor this day paid by the Sub-mortgagee (receipt clause) he the Sub-
mortgagor hereby assigns unto the Sub-mortgagee ALL THAT the said sum
of Rs……………. now due and owing to the Sub-mortgagor upon the security
aforesaid and all interest due and to accrue due for the same AND the full
benefit and advantages of the securities for the same moneys TO HAVE HOLDCh. 59] MORTGAGE?FORMS 669
RECEIVE AND TAKE the said several premises unto the Sub-mortgagee
TOGETHER WITH power for the Sub-mortgagee in his name or in the name
of the Sub-mortgagor to demand, sue for, recover and receive and give
discharges for the said principal sum of Rs……………. due and owing to the
Sub-mortgagor upon the security of the said Indenture of Mortgage and all
interest due or to become due for the same and for the purpose to do and
execute all such acts, deeds and things as may be deemed necessary or
expedient, he the Sub-mortgagor hereby agreeing to ratify and confirm all
and whatsoever the Sub-mortgagee shall do or cause to be done in the
premises.
AND THIS INDENTURE ALSO WITNESSETH that in further pursuance of the
said agreement and for the consideration aforesaid he the Sub-mortgagor
hereby demises unto the Sub-mortgagee ALL THAT the hereditaments
mentioned and described in the schedule hereunder within TOGETHER WITH
(insert general words and estate clause) TO HOLD the same unto the Sub-
mortgagee for all the residue now unexpired of the term granted by the said
Indenture of Mortgage except the last day (or last ten days) thereof subject
to the equity of redemption subsisting therein under the said Indenture of
Mortgage AND subject also to the proviso for redemption hereinafter
contained that is to say PROVIDED ALWAYS that if the Sub-mortgagor or the
person or persons deriving title under him shall pay unto the Sub-
mortgagee the said sum of Rs……………. with interest for the same in the
meantime at the rate of……………. per cent per annum on…………… next then
the Sub-mortgagee shall and will at any time thereafter at the request and
cost of the Sub-mortgagor re-assign and surrender and release the
premises and the hereditaments hereinbefore respectively assigned and
demised unto the Sub-mortgagor or as he or they shall direct subject
nevertheless to the equity of redemption as aforesaid.
AND THIS INDENTURE LASTLY WITNESSETH that in pursuance of the said
agreement and for the consideration aforesaid he the Sub-mortgagor
hereby covenants with the Sub-mortgagee to pay to him on……………. next
the said sum of Rs……………. with interest thereon in the meantime and until
re-payment thereof PROVIDED ALWAYS that the Sub-mortgagee or the
person or persons deriving title under him shall not be bound to enforce
or realise the security under the said Indenture of Mortgagee unless and
until he or they shall think fit AND also shall not be answerable for any loss
or damage occasioned by delay or omission to do so nor shall the present
security be in any way prejudiced or affected by such delay or omission.
THE SCHEDULE ABOVE REFERRED TO:
(Describe the property)
IN WITNESS etc.670 CONVEYANCING, DRAFTING & DEEDS [Ch. 59
8
Supplemental Deed of Mortgage substituting securities
originally offered by new securities for repayment of
balance of the loan amount with interest under same
terms and conditions as of original mortgage
THIS INDENTURE made etc. BETWEEN A etc. and B (wife of A.) etc.
(Mortgagors) of the ONE PART AND C etc. (Mortgagee) of the OTHER PART
and intended to be read as annexed or supplemental to an Indenture of
Mortgage dated……………. and made between the Mortgagor A of the One
Part and the Mortgagee of the Other Part and registered at……………. in
Book No……………. Volume No????? pages????.. to…………….
Being No……………. for the year?????. .
WHEREAS the Mortgagors A and B are respectively seized and poss-
essed of the hereditaments
and premises mentioned and described in Parts
I and II of Schedule ?A? hereunder written and the inheritance thereof as
absolute owners free from all encumbrances.
AND WHEREAS by the said Indenture of Mortgage dated????? the
Mortgagor A for the consideration therein mentioned covenanted with the
Mortgagee that the Mortgagor A would on?????. pay to the Mortgagee
the sum of Rs…….??. with interest thereon at the rate and in manner
therein provided until the same shall be fully paid and for the purpose of
securing performance by the Mortgagor A of the covenants and engage-
ments therein contained granted and conveyed unto the Mortgagee among
several other properties the hereditaments mentioned and described in
Schedule ?B? hereunder written subject to the proviso for redemption
therein contained.
AND WHEREAS there is now due and owing to the Mortgagee under and
by virtue of the said Indenture of Mortgage dated……………. the sum of
Rs……………. for principal and the sum of Rs……………. for balance of interest
up to the date of these presents as the Mortgagor A hereby admits and
acknowledges.
AND WHEREAS the Mortgagors have requested the Mortgagee to re-
convey and re-transfer unto the Mortgagor A the hereditaments mentioned
and described in Schedule ?B? hereunder written and to receive in lieu or
substitution thereof the hereditaments respectively mentioned and des-
cribed in Parts I and II of Schedule ?A? hereunder written.
AND WHEREAS upon the treaty of these presents it has been agreed
between the parties hereto that the Mortgagee should reconvey the
hereditaments mentioned and described in Schedule ?B? hereunder written
in consideration of the Mortgagors executing these presents.
AND WHEREAS pursuant to and in part performance of the said agreementsCh. 59] MORTGAGE?FORMS 671
by an Indenture of Reconveyance bearing even date with these presents
the Mortgagee has re-conveyed unto the Mortgagor A the hereditaments
mentioned and described in Schedule ?B? hereunder written.
NOW THIS INDENTURE WITNESSETH that in pursuance of the said agree-
ments and in consideration of the premises they the Mortgagors A and B
hereby respectively grant, convey and transfer unto the Mortgagee ALL
THOSE the hereditaments respectively mentioned and described in Parts
I and II of Schedule ?A? hereunder written TOGETHER WITH (Insert general
words, estate and deed clauses) TO HAVE AND TO HOLD the same respec-
tively unto the Mortgagee subject in all respects to the right or equity of
redemption and all other the powers and provisions contained in the said
Indenture of Mortgage dated………….. for securing and obtaining payment
of the principal, interest and costs thereby secured AND with the benefit and
advantages of the covenants on the part of the Mortgagor A therein
contained concerning the several hereditaments thereby granted and
conveyed TO THE END AND INTENT that the hereditaments respectively
mentioned and described in Parts I and II of Schedule ?A? hereunder written
shall in all respects be substituted for the hereditaments mentioned and
described in Schedule ?B? hereunder written as securities for the repayment
of all principal monies, interests and costs secured by the said Indenture
of Mortgage dated………… AND the Mortgagors A and B hereby respectively
covenant with the Mortgagee (insert usual covenants for title).
AND IT IS HEREBY AGREED AND DECLARED that the liabilities and
obligations of the Mortgagor B under these presents shall only be to the
extent of the hereditaments mentioned and described in Part II of Schedule
?A? hereunder written but not otherwise.
THE SCHEDULE ?A? ABOVE REFERRED TO:
(Describe the properties substituted)
( Part I & Part II)
THE SCHEDULE ?B? ABOVE REFERRED TO:
(Describe the property reconveyed)
IN WITNESS etc.
9
Supplemental Deed of Mortgage offering additional security
for default of non-payment of the principal amount of
loan on the appointed date by the Mortgagor
THIS MORTGAGE is made the………….. day of……………… BETWEEN672 CONVEYANCING, DRAFTING & DEEDS [Ch. 59
(Borrower) of (address, etc.) (hereinafter called the borrower) of the ONE
PART AND (Lender) of (address, etc.) (hereinafter called the lender) of the
OTHER PART.
WHEREAS:
(1) This deed is supplemental to a mortgage (hereinafter called the
Mortgage) dated the……………. day of……………. and made between (Par-
ties) whereby certain land at……………. was demised to the lender (or
charged) by way of legal mortgage for securing payment to the lender of
the principal sum of Rs………. and interest at the rate of………… per cent per
annum payable quarterly on the usual quarter days (or as provided in the
mortgage) reducible on payment within……………. of the due dates to…………….
per cent per annum.
(2) The said sum of Rs???…. is still owing on the security of the
mortgage but all interest thereon has been paid up to the date hereof (or
together with the sum of Rs……………. in respect of interest).
(3) The lender has required the borrower to pay off the said sum or to
give further security for the re-payment of the said sum of Rs??….. and
the interest thereon which the borrower has agreed to do in manner
hereinafter appearing.
NOW THIS DEED WITNESSETH as follows:
1. In pursuance of the said agreement and in consideration of the lender
waiving his request for immediate payment of the said sum of Rs……….. and
interest the borrower as beneficial owner hereby demises to the lender all
the property described in the schedule hereto TO HOLD the same unto the
lender for the term of……………. years from the date hereof without
impeachment of waste subject to the like provision contained in the
mortgage (as hereby varied or extended) shall apply to the property hereby
demised in the same manner as if the said property has been included in
and demised by the mortgage.
2. Any provisions required for varying the provisions of the existing
mortgage.
3. In this deed where the context admits the expressions ?the borrower?
and ?the lender? include the persons deriving title under them.
THE SCHEDULE ABOVE REFERRED TO:
(Description of additional property mortgaged)
IN WITNESS etc.
[Signature of Borrower]Ch. 59] MORTGAGE?FORMS 673
10
Supplemental Deed of Mortgage offering additional security
on account of deterioration in value of the original security
offered, all the terms, conditions and covenants of the
original mortgage to be applicable
THIS INDENTURE made etc. BETWEEN A. B. etc. (Mortgagor) of the ONE
PART AND C.D. etc. (Mortgagee) of the OTHER PART.
WHEREAS by an Indenture of Mortgage dated????. and made
between the Mortgagor of the One Part and the Mortgagee of the Other
Part the hereditaments comprised therein were granted and conveyed by
the Mortgagor unto the Mortgagee by way of mortgage for securing the
payment to the Mortgagee of the sum of Rs……………. with interest thereon
at the rate and on the day therein mentioned.
AND WHEREAS the said sum of Rs???. and all interest thereon have
remained due and owing on the security of the said Indenture of Mortgage.
AND WHEREAS the hereditaments granted and conveyed as aforesaid by
the said Indenture of Mortgage have since deteriorated in value.
AND WHEREAS at the request of the Mortgagee the Mortgagor has
agreed to grant and convey unto the Mortgagee the hereditaments
mentioned and described in the schedule hereunder written by way of
additional security for the said principal sum of Rs……………. and interest
for the same in manner hereinafter expressed.
NOW THIS INDENTURE WITNESSETH that in pursuance of the said
agreement and in consideration of the sum of Rs……………. so remaining
due and owing as aforesaid under the said Indenture of Mortgage he the
Mortgagor hereby grants, conveys and transfers unto the Mortgagee ALL
THAT the hereditaments mentioned and described in the schedule hereun-
der written TOGETHER WITH (insert general words, estate and deed clauses)
TO HAVE AND TO HOLD the same unto the Mortgagee subject to such right
of redemption as the hereditaments comprised in the said Indenture of
Mortgage are now subject thereunder and so that all the rights, powers and
provisions contained therein shall extend to and be applicable to the
hereditaments hereby granted and conveyed in the same manner as if the
corresponding rights, powers and provisions were expressly inserted in
these presents.
And the Mortgagor hereby covenants with the Mortgagee that he the
Mortgagor is solely seized and possessed of the hereditaments mentioned
in the schedule hereunder written as an absolute owner free from all
encumbrances.
G : CDD (Vol. 7) ? 43674 CONVEYANCING, DRAFTING & DEEDS [Ch. 59
THE SCHEDULE ABOVE REFERRED TO:
(Describe the property)
IN WITNESS etc.
11
Memorandum of deposit of title deed by builder to secure
payment of price for materials purchased
MEMORANDUM that I (builder) of (address, etc.) have this day deposited
with (lender) of (address, etc.) or having its registered office at (address)
a deed of lease dated the………….. day of……………. and made between
(builder?s lessor) of the ONE PART and myself of the OTHER PART (or as the
case may be) as a security for the payment to the said (lender) of the sum
of Rs…..??.. now owing to the said (lender) by me on an account stated
for goods and building materials supplied and also for the payment by me
of the agreed price of all other goods and materials which shall be supplied
to me at my request by the said (lender) while the said (lender) retain(s)
possession of the said agreement.
AND as beneficial owner I hereby charge all my interest in the premises
comprised in the said agreement and in all buildings and fixtures now or
hereafter to be erected thereon with such payment as aforesaid.
Dated the??????. day of??????
[Signature of Builder]
12
Memorandum of deposit of Securities intended to be
charged with repayment of amount of loan with interest
(Short form)
Note (1) that upon the treaty for the advance by (Lender) of (address,
etc.) to (Borrower) of (address etc.) of the sum of Rs?….?. this day
advanced by the said (Lender) to the said (Borrower) it was agreed that
the said sum together with interest thereon at the rate of……………. per cent
per annum should be secured; and (2) that in pursuance of the said
agreement the securities listed in the Schedule hereto have been deposited
with the lender to the intent that they may be security for and charged with
repayment of the said sum of Rs……… and the said interest thereon.
Or Note (1) that (Borrower) of (address, etc.) is indebted to (Lender) of
(address, etc.) in the sum of Rs…. and interest thereon at the rate of…………Ch. 59] MORTGAGE?FORMS 675
per cent per annum and has asked the said (lender) to forbear from pressing
for immediate repayment of the monies now due which the said (lender)
has agreed to do upon having repayment thereof secured as herein
appears; and (2) that the securities listed in the Schedule hereto have been
deposited by the said (Borrower) with the said (Lender) to the intent that
they may be security for and charged with repayment of the said sum of
Rs………. and the interest thereon.
Date the??????? day of?????
THE SCHEDULE ABOVE REFERRED TO:
(Description of securities)
[Signature of Borrower]
13
Memorandum of deposit of Securities to secure the due
payment of Bill of Exchange
Note that (lender) of (address, etc.) having required security the
documents specified in the First Schedule hereto have this day been
deposited by (borrower) of (address, etc.) with the said (lender) as security
for the payment by the said (borrower) at maturity of the bills of exchange
specified in the Second Schedule hereto and of interest on the monies due
on such of the said bills as shall not be so paid at the rate of???.. per
cent per annum by equal quarterly payments on (state days of payment)
in each year.
AND that the said (Borrower) undertakes on the request of the said
(Lender) but at his own cost to execute a proper legal mortgage of the
property to which the said documents relate in such form as the said
(Lender) shall reasonably require.
Dated the……………. day of……………..
THE FIRST SCHEDULE ABOVE REFERRED TO:
(Description of documents)
THE SECOND SCHEDULE ABOVE REFERRED TO:
(Description of bills of exchange)
[Signature of Borrower]676 CONVEYANCING, DRAFTING & DEEDS [Ch. 59
14
Memorandum of Deposit of Title Deeds by Contract