Deed of mortgage

Mortgage Value Tk.  _______________

 

DEED OF MORTGAGE

 

This DEED OF MORTGAGE is made on this the _______ day of ___________, 2006:

BETWEEN

1. MR. A son of Mr. X of Kali Bari Road, P.S. and District Barishal.

2. MR. B son of Mr. Y of Kalinath Rayerbazar, P.S. and District Bhola.

Parties Nos. 1-2 are hereinafter collectively referred to as the MORTGAGORS (which expression shall unless excluded by or repugnant to the context mean and include their heirs, legal representatives, executors, administrators and assignees) of the ONE PART.

AND

BANK 1, Kawran Bazar Branch, HRC Bhaban, 46, Kawran Bazar Commercial Area, Dhaka hereinafter referred to as the MORTGAGEE BANK (which expression shall unless excluded by or repugnant to the context mean and include its successors-in-interest, legal representatives, administrators and assignees) of the OTHER PART.

WHEREAS M/s. “S” CNG REFUELING STATION, a partnership concern of (1) Mr. ___________________, (2) Mr. ______________, and (3) Mr. ____________, duly registered under the Partnership Act, 1932, having its registered office at __________________ (hereinafter referred to as the BORROWER), has applied to the MORTGAGEE BANK for credit facility of Tk. _____________________ (Taka ________________) only;

AND WHEREAS the MORTGAGEE BANK has agreed to grant the said credit facility of Tk. ____________________ (Taka ____________________) only (the ‘Loan’) to the BORROWER vide Sanction Letter No. __________________ dated ___________ (the ‘Sanction Letter’) on conditions inter alia that the MORTGAGORS shall mortgage their landed property, fully described in the schedule below (the ‘Schedule Land’) as security for the Loan and the MORTGAGORS have offered to create legal mortgage on the Schedule Land;

AND WHEREAS the MORTGAGEE BANK has agreed to take legal mortgage of the Schedule Land for a sum of Tk. _____________ (Taka _______________) only as security for the Loan given to the BORROWER;

 

NOW THIS DEED OF MORTGAGE WITNESSES AS UNDER:

 

1. In consideration of granting of Loan to the BORROWER by the MORTGAGEE BANK, the MORTGAGORS hereby transfer and convey by way of simple mortgage whole of the Schedule Land, with all rights, interest, easements and structures belonging thereto as security for repayment of the Loan, with all interest and other charges in terms of the Sanction Letter, given by the MORTGAGEE BANK to the BORROWER;

2. If the BORROWER fails to repays the Loan to the MORTGAGEE BANK in the manner stated in the Sanction Letter or in any other manner so agreed between the BORROWER and the MORTGAGEE BANK, then the MORTGAGEE BANK shall be entitled to recover the outstanding dues from the MORTGAGORS under these presents by sale of the Schedule Land without intervention of the Court of law;

3.It is further stated that the MORTGAGEE BANK, if necessary, shall be entitled to sell the Schedule Land without intervention of any Court of law at its own discretion as provided in section 69 of the Transfer of Property Act and the same shall be regarded as valid and binding on all the parties, to which the MORTGAGORS shall not object;

4.That the Schedule Land shall be kept in good condition at the cost and expenses of the MORTGAGORS;

5.That the MORTGAGORS shall not allow any Receiver to be appointed for the Schedule Land except at the instance of the MORTGAGEE BANK, who shall always at its discretion be able to appoint a Receiver for the said land nor shall any distress or execution be levied or enforced upon or against the Schedule Land or any attempt to create any charge or mortgage on the Schedule Land which may prejudice the security hereby created shall be illegal and of no effect;

6.That the MORTGAGORS hereby declare that the Schedule Land is free from all encumbrances and the MORTGAGORS are legally entitled to mortgage the same with the MORTGAGEE BANK by way of registered mortgage;

7.That the MORTGAGORS shall permit the MORTGAGEE BANK, its agent, employees, and nominees from time to time to enter into or upon the Schedule Land or any part thereof and to view, inspect and value the same and take inventories thereof, as and when necessary;

8. That the MORTGAGORS hereby agree that they will pay all taxes and rates which are or may become payable on the Schedule Land mortgaged with the MORTGAGEE BANK and agree to indemnify the MORTGAGEE BANK for any default of the MORTGAGORS in making such payments;

9.That the MORTGAGORS hereby agree that neither this mortgage nor any thing contained herein shall impair, extinguish, limit or otherwise prejudicially affect all or any of the rights, remedies, privileges, benefits or securities or guarantee which the MORTGAGEE BANK has acquired or may acquire hereinafter or that may otherwise be available to the MORTGAGEE BANK;

10.That the MORTGAGEE BANK is at liberty to enforce the mortgage at any time if the BORROWER fails or defaults in repaying the Loan to the MORTGAGEE BANK in terms of the Sanction Letter;

11.That on repayment of the Loan and on payment of all interests and other charges due thereon the MORTGAGORS at their own costs, will be entitled to redeem the Schedule Land from the MORTGAGEE BANK free from all encumbrances and charges accruing on the MORTGAGEE BANK and on such redemption this mortgage shall be deemed to have been extinguished;

12.In the event the MORTGAGEE BANK suffers any loss/damage arising out of or caused by any false statement, misrepresentation or concealment of facts regarding the right, title, interest and possession of the Schedule Land, the MORTGAGORS shall be liable to refund the mortgage value i.e. Tk. _____________ (Taka _______________) only to the MORTGAGEE BANK immediately on demand and shall also be liable to be punished for such offence under the existing law and the exercise of the right under this provision shall under no circumstances prejudice the MORTGAGEE BANK from taking any other recourse against the MORTGAGORS for recovery of its dues;

SCHEDULE OF THE LAND

 

IN WITNESS WHEREOF, THE MORTGAGORS HEREUNTO SET THEIR SIGNATURE ON THE DAY, MONTH AND YEAR MENTIONED ABOVE.

Signed in the presence of (signatures, names and addresses of the witnesses):-1.2. _______________________1.      Mr. A

________________________

2.      Mr. B

(Signature of the MORTGAGORS)

BEFORE THE SUB REGISTRAR, ____________

 

A F F I D A V I T

We,

1. MR. A son of Mr. X of Kali Bari Road, P.S. and District Barishal.

2. MR. B son of Mr. Y of Kalinath Rayerbazar, P.S. and District Bhola.

 

do hereby solemnly affirm and say as follows:-

1.      That we are the absolute owners of the immovable property subject matter of the deed of mortgage and there is no other sharer of the said property.

2.      That we have not entered into agreement for sale with any third party in respect of the immovable property.

3.      That the Immovable property were neither sold nor mortgaged in favour of any one.

4.      That the Immovable property is not an Abandoned Property within the meaning of the Bangladesh Abandoned Property (Control, Management and Disposal Order, 1972 (P.O. No. 16 of 1972).

5.      That the Immovable property has not been vested in or does not stand forfeited to the Government under any law for the time being in force in Bangladesh.

6.      That we also hereby solemnly affirm and declare that if any wrong information, false statement, misrepresentation or concealment of facts regarding the right, title, interest and possession of the Immovable properties is detected herein above, we shall be liable for any loss/damage arising out of or caused by such wrong information, false statement, misrepresentation or concealment of facts and both civil and criminal action may be initiate against us for such loss or damage and we shall be bound to pay compensation for such loss or damage.

7.      That if there detect any error or mis-description of the Immovable property, we shall rectify the same or execute and register a fresh deed of mortgage in favour of the mortgagee in our own cost.

THE STATEMENTS MADE ABOVE ARE TRUE TO OUR KNOWLEDGE AND BELIEF AND IN VERIFICATION WHEREOF, WE SIGN THIS AFFIDAVIT ON THIS THE __________ DAY OF _________________, 2006, BEFORE THE SUB-REGISTRAR, _________________.

1.  _______________________

2. ________________________

Deponents

The deponents are known to me, identified by me and have signed in my presence.

___________________

Identifier

 

IRREVOCABLE GENERAL POWER OF ATTORNEY

This POWER OF ATTORNEY is made on this the _______ day of ________, 2006:

 

KNOW ALL MEN BY THESE PRESENTS that We,

1. Mr. A son of Mr. X of Kali Bari Road, P.S. and District Barishal;

2. MR. B son of Mr. Y of Kalinath Rayerbazar, P.S. and District Bhola;

do hereby irrevocably nominate, appoint and constitute:-

BANK 1

KAWRAN BAZAR BRANCH

HRC BHABAN

46, KAWRAN BAZAR COMMERCIAL AREA

DHAKA

to be our true and lawful Attorney to exercise any of the following powers in our name, place and stead from time to time:

1.To sell, transfer and assign the land particulars of which has been described in the schedule below (the ‘Schedule Land’), without intervention of any Court of law and to do all acts and sign all documents and papers in our name which may be required to sell, transfer and assign the Schedule Land or any part thereof and all proceeds received under this authority shall be treated as true and valid receipt on our behalf.

2.To seal, sign and execute any documents of sale, transfer and/or assignment or to do any act on our behalf relating to the aforesaid transfer of the Schedule Land or part thereof and to receive the proceeds thereof on our behalf.

3.To present and/or submit such deed to the office of the Registrar, Joint Registrar or Sub-Registrar for registration of the same and to do all other acts required to register such documents including swearing affidavit on our behalf.

4.To deliver, the possession of the Schedule Land or part thereof to the purchaser, transferee or assignee, as the case may be and to do all other acts in this regard.

5.GENERALLY to do all other acts, deeds, matters and things whatsoever relating to said sale, transfer or assignment of the Schedule Land.

6.We undertake that we shall not revoke this Power of Attorney without the consent of the Attorney Bank in writing and we shall not execute and register any other Power of Attorney relating to the Schedule Land other than in favour of the Attorney Bank.

WE HEREBY UNDERTAKE AND AGREE TO RATIFY WHATSOEVER THE ATTORNEY BANK SHALL LAWFULLY DO OR CAUSE TO BE DONE UNDER THESE PRESENTS AND TO INDEMNIFY THE BANK AGAINST ALL COSTS AND EXPENSES INCURRED BY THE ATTORNEY BANK.

SCHEDULE OF THE LAND

All that piece and parcel of land measuring 0873 ajutangsha situated within District Dhaka, P.S. Sabek Mirpur Hal Uttara, Sub-Registry Office Mirpur, J.L. No. Sabek 202, Mouza Rana Bhola under the following khatians and dags:

Khatians Dags Area of land (decimals)
C.S. S.A. D.P. C.S. & S.A. R.S. D.P.
30 34 2034 165 146 2156 08.44
35 39 782 150, 151 116, 117 2112 00.29

butted and bounded by:

On the North:   Land of Mosammat Eva Jesmin

On the South:   Land of Abdul Aziz Member and others

On the East:      Land of Md. Mojibur Rahman and others

On the West:    Land of Mokhlesur Rahman and others

along with all constructions and structures constructed or to be constructed thereon with all other rights, interests, title, easements etc. attached or appertaining thereto.

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

Signed in the presence of(signatures, names &addresses of the witnesses):-1.2. _______________________1.   Mr. A

________________________

2.  Mr. B

(Signature of the EXECUTANTS)

 

Drafted by:

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

www.lawyersnjurists.com


BEFORE THE SUB REGISTRAR, ____________

 

A F F I D A V I T

We,

 

1.      MR. A son of Mr. X of Kali Bari Road, P.S. and District Barishal;

2.      MR. B son of Mr. Y of Kalinath Rayerbazar, P.S. and District Bhola;

do hereby solemnly affirm and say as follows:-

01.       That the immovable property subject matter of this Power of Attorney are not attached under the Bangladesh Collaborators (Special Tribunal) Order, 1972.

02.       That the immovable property subject matter of this Power of Attorney are not abandoned property within the meaning of the Bangladesh Abandoned Property (Control, Management and Disposal Order, 1972 (P.O. No. 16 of 1972).

03.       That the Power of Attorney to be executed in connection with the immovable property is not void under any law for the time being in force.

04.       That the proposed power of Attorney is not liable to be void under Article 5A of the Bangladesh Land Holding (Limitation) Order, 1972 (P.O. No. 98 of 1972).

05.       That the execution of the power of Attorney does not contravene any provision of any other law for the time being in force.

06.       That the immovable property subject matter of this Power of Attorney have been correctly described and have not been undervalued and the Executants have transferable right in such property.

THE STATEMENTS MADE ABOVE ARE TRUE TO OUR KNOWLEDGE AND BELIEF AND IN VERIFICATION WHEREOF, WE SIGN THIS AFFIDAVIT ON THIS THE ______ DAY OF _________________, 2006, BEFORE THE SUB- REGISTRAR, ____________

1. ______________________

2. ______________________

Deponents

The deponents are known to me, identified by me and have signed in my presence.

___________________

Identifier

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