Deed of mortgage related Land

DEED OF MORTGAGE

This DEED OF MORTGAGE is made on this the ____ day of ____________, 2007.

BETWEEN

MR. A, son of Mr. Xof village- Rajapur, P. O Kharua, Thana- Nandail, District- Mymensingh, Present address at: House No. 01, Road No.02, Block-B, Bansree Project, Rampura, Dhaka, having TIN ______________, __________, hereinafter referred to as the MORTGAGOR (which expression shall unless excluded by or repugnant to the context mean and include his heirs, legal representatives, executors, administrators and assignees) of the ONE PART.

AND

COMPANY 1 Dhaka Main office: Anchor Tower, 1/1-B, Sonargaon Road, Dhaka-1205, Bangladesh, hereinafter referred to as the COMPANY 1 (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.

Brief description of the chain of ownership of the property is given bellow:

WHEREAS in R.S. Khatian No. 494 land measuring 91.44 decimals, 18.76 decimals and 16.28 decimals under dag No. 2616, 2614 and 2615 respectively have been recorded in the names of Siddique Ahmed Chowdhury, Monwar Ahmed Chowdhury and Marium Alam Chowdhury.

AND WHEREAS at the time of death  of Siddique Ahmed Chowdhury he left behind his legal heirs namely, (1) Monwar Ahmed Chowdhury (2) Akhter Ahmed Chowdhury, (3) Anwar Ahmed Chowdhury, (4) Marium Alam Chowdhury, (5) Monwara Khatoon and they became owner of his left property.

AND WHEREAS Eastern Housing Limited became the owner of the land measuring 1600 decimals alongwith other land under dag No.5406 of Mahanagar D.P. Khatian No. 5453 by way of purchase from (1) Monwar Ahmed Chowdhury (2) Akhter Ahmed Chowdhury, (3) Anwar Ahmed Chowdhury, (4) Marium Alam Chowdhury, (5) Monwara Khatoon vide  deed of sale No.2423 dated 28.02.1994.

AND WHEREAS, (1) Mr. Shamsul Alam and (2) Mrs. Nazma Alam became owner of land measuring 4.50 kathas  and 4.50 kathas  total land measuring 9.00 (Nine) kathas from Eastern Housing Limited vide Deed of Sale No. 10929 & 10939 both dated 21.09.1994.

AND WHEREAS Mr. Shamsul Alam and Mrs. Nazma Alam (Landowners) appointed VERTEX HOUSING LIMITED, having its office 16, North Dhanmondi, Kalabagan, P. S. Dhanmondi, Dhaka, represented by its Managing Director Md. Obaidullah (the Developer) empowering its inter alia to construct 6 (six) storied building consisting of 22(twenty two) apartments on the land measuring 9.00 (nine) kathas and 22(twenty two) Car Parking space in the ground floor of the building and as per agreement to sell 13 (thirteen) apartments and 13 (thirteen) Car parking space alongwith undivided and undemarcated proportionate land to the prospective buyers.

AND WHEREAS, Mr. A became owner of an Apartment being No.2-B measuring 1550 (one thousand five hundred fifty) Sft. (South-East Lake side) on the 2nd floor of the 6(six) storied building named “Niketon Rose” alongwith proportionate undivided and undemaracated land measuring 0.505 (zero point five zero five) kathas out of land measuring 9.00 (nine) kathas with 1(one) Car parking space in the ground floor of the building situated within District Dhaka, P. S. & Sub-Registration office Gulshan, J. L. No.275 (C.S.), 104 (S.A.), Mouza – Mohakhali, C.S. Khatian No. 144, S.A. Khatian No. 110, C.S. & S. A. dag No. 583, R. S. Khatian No.494, R. S. dag no.2614 & 2616, Mohanagar Jarip Khaitan No.54, Mohanagar Jarip dag No.5506, Company Layout Plot No. A/27A, & A/27B, from Mr. Shamsul Alam and Mrs. Nazma Alam, through their constituted attorney, Vertex Housing Limited, represented by it Managing Director, Md. Obaidullah vide Deed of Sale No.__________ dated ______________..

WHEREAS Mr. A MORTGAGOR-BORROWER (hereinafter referred to as MORTGAGOR) has applied to the COMPANY 1 for home loan facility of Tk. __________ (Taka _________________________) only;

AND WHEREAS the COMPANY 1 has agreed to grant the said facility of Tk._________________ (Taka _______________________) only (the ‘Loan’) to the MORTGAGOR vide Sanction Letter No. ______________ dated __________ (the ‘Sanction Letter’) on conditions inter alia that the MORTGAGOR shall mortgage an Apartment being No.2-B measuring 1550 (one thousand five hundred fifty) Sft. (South-East Lake side) on the 2nd floor of the 6(six) storied building named “Niketon Rose” alongwith proportionate undivided and undemaracated land measuring 0.505 (zero point five zero five) kathas out of land measuring 9.00 (nine) kathas with 1(one) Car parking space in the ground floor of the building, more particularly described in the schedule below (the ‘Schedule Property’) as security for the Loan and the MORTGAGOR has offered to create legal mortgage on the Schedule property;

AND WHEREAS the COMPANY 1 has agreed to take legal mortgage of the Schedule Property for a sum of Tk. ______________ (Taka _________________) only as security for the Loan given to the MORTGAGOR.

NOW THIS DEED OF MORTGAGE WITNESSES AS UNDER:

1.                  In consideration of granting Loan to the MORTGAGOR by the COMPANY 1, the MORTGAGOR hereby transfer and convey by way of simple mortgage whole of the Schedule Property, 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 COMPANY 1 to the MORTGAGOR.

2.                  If the MORTGAGOR fails to repay the Loan to the COMPANY 1 in the manner stated in the Sanction Letter or in any other manner so agreed between the MORTGAGOR and the COMPANY 1, then the COMPANY 1 shall be entitled to recover the outstanding dues from the MORTGAGOR under these presents by sale of the Schedule Property without intervention of the Court of law.

3.         It is further stated that the COMPANY 1, if necessary, shall be entitled to sell the Schedule Property 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 MORTGAGOR will not object.

4.         That the Schedule Property shall be kept in good condition at the cost and expenses of the MORTGAGOR.

5.         That the MORTGAGOR will not allow any Receiver to be appointed for the Schedule Property except at the instance of the COMPANY 1, who shall always at its discretion be able to appoint a Receiver for the said property nor shall any distress or execution be levied or enforced upon or against the Schedule Property or any attempt to create any charge or mortgage on the Schedule Property which may prejudice the security hereby created shall be illegal and of no effect.

6.         That the MORTGAGOR hereby declares that the Schedule Property is free from all encumbrances and the MORTGAGOR is legally entitled to mortgage the same with the COMPANY 1 by way of registered mortgage.

7.                  That the MORTGAGOR will permit the COMPANY 1, its agent, employees, and nominees from time to time to enter into or upon the Schedule Property or any part thereof and to view, inspect and value the same and take inventories thereof, as and when necessary.

8.                  That the MORTGAGOR hereby agree that he will pay all taxes and rates which are or may become payable on the Schedule Property mortgaged with the COMPANY 1 and agree to indemnify the COMPANY 1 for any default of the MORTGAGOR in making such payments.

9.                  That the MORTGAGOR 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 COMPANY 1 has acquired or may acquire hereinafter or that may otherwise be available to the COMPANY 1.

10.              That the COMPANY 1 is at liberty to enforce the mortgage at any time if the MORTGAGOR fail or default in repaying the Loan to the COMPANY 1 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 MORTGAGOR at his own cost, will be entitled to redeem the Schedule Property from the COMPANY 1 free from all encumbrances and charges accruing on the COMPANY 1 and on such redemption this mortgage shall be deemed to have been extinguished.

12.              In the event the COMPANY 1 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 Property, the MORTGAGOR shall be liable to refund the mortgage value i.e. Tk. _______________ only to the COMPANY 1 immediately on demand and will 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 COMPANY 1 from taking any other recourse against the MORTGAGOR for recovery of its dues.

SCHEDULE OF THE PROERTY

An Apartment being No.2-B measuring 1550 (one thousand five hundred fifty) Sft. (South-East Lake side) on the 2nd floor of the 6(six) storied building named “Niketon Rose” alongwith proportionate undivided and undemaracated land measuring 0.505 (zero point five zero five) kathas out of land measuring 9.00 (nine) kathas with 1(one) Car parking space in the ground floor of the building situated within District Dhaka, P. S. & Sub-Registration office Gulshan, J. L. No.275 (C.S.), 104 (S.A.), Mouza – Mohakhali, C.S. Khatian No. 144, S.A. Khatian No. 110, C.S. & S. A. dag No. 583, R. S. Khatian No.494, R. S. dag no.2614 & 2616, Mohanagar Jarip Khaitan No.54, Mohanagar Jarip dag No.5506, Company Layout Plot No. A/27A, & A/27B alongwith staircase, lifts and other facilities etc with all other rights, interests, title, easements etc. attached or appertaining thereto.

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

Signed in the presence of (signatures, names and addresses of the witnesses):-1.2. ______________________MR. A(Signature of the MORTGAGOR)

BEFORE THE SUB REGISTRAR, ____________

A F F I D A V I T

I, MR. A, son of Mr. X of village- Rajapur, P. O Kharua, Thana- Nandail, District- Mymensingh, Present address at: House No. 01, Road No.02, Block-B, Bansree Project, Rampura, Dhaka, having TIN ______________, __________, do hereby solemnly affirm and say as follows:-

That I am the absolute owner of the immovable property subject matter of deed of mortgage and there is no other share of the said property. No bianama was singed with any other party or the property was neither sold, nor mortgaged in favour any other party. This property is neither an Abandoned Property nor vested in to the Government. If any wrong information, false statement, misrepresentation was written above or any facts was concealed, I 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 initiated against me for such loss or damage and I shall be bound to pay compensation for such loss or damage. If there detect any error, or mis-description of the immovable property, I shall rectify the same or execute and register a fresh deed of mortgage or deed of rectification at my own cost with compensation.

THE STATEMENTS MADE ABOVE ARE TRUE TO MY KNOWLEDGE AND BELIEF AND IN VERIFICATION WHEREOF, I SIGN THIS AFFIDAVIT ON THIS THE ______ DAY OF _________________, 2007, BEFORE THE SUB-REGISTRAR, _________________.

_____________________

Deponent

The deponent is known to me, identified by me and has signed in my presence.

__________________

Identifier

IRREVOCABLE GENERAL POWER OF ATTORNEY

This POWER OF ATTORNEY is made on this the _______ day of _________, 2007:

KNOW ALL MEN BY THESE PRESENTS that I, MR. A, son of Mr. X of village- Rajapur, P. O Kharua, Thana- Nandail, District- Mymensingh, Present address at: House No. 01, Road No.02, Block-B, Bansree Project, Rampura, Dhaka, having TIN ______________, __________, appoint and constitute:-

COMPANY 1

DHAKA MAIN OFFICE

Address__________________________

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

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

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

4.      To deliver, the possession of the Schedule Property 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 Property.

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

I 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 PROPERTY

An Apartment being No.2-B measuring 1550 (one thousand five hundred fifty) Sft. (South-East Lake side) on the 2nd floor of the 6(six) storied building named “Niketon Rose” alongwith proportionate undivided and undemaracated land measuring 0.505 (zero point five zero five) kathas out of land measuring 9.00 (nine) kathas with 1(one) Car parking space in the ground floor of the building situated within District Dhaka, P. S. & Sub-Registration office Gulshan, J. L. No.275 (C.S.), 104 (S.A.), Mouza – Mohakhali, C.S. Khatian No. 144, S.A. Khatian No. 110, C.S. & S. A. dag No. 583, R. S. Khatian No.494, R. S. dag no.2614 & 2616, Mohanagar Jarip Khaitan No.54, Mohanagar Jarip dag No.5506, Company Layout Plot No. A/27A, & A/27B alongwith staircase, lifts and other facilities etc with all other rights, interests, title, easements etc. attached or appertaining thereto.

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

Signed in the presence of(signatures, names &addresses of the witnesses):-

1.

2. _____________________MR. A(Signature of the EXECUTANT)

Drafted by:

BEFORE THE SUB-REGISTRAR, _________________

A F F I D A V I T

I, MR. A, son of Mr. X of village- Rajapur, P. O Kharua, Thana- Nandail, District- Mymensingh, Present address at: House No. 01, Road No.02, Block-B, Bansree Project, Rampura, Dhaka, do hereby solemnly affirm and say as follows:-

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

02.       That the immovable property subject matter of this Power of Attorney is 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 Executant has transferable right in such property.

THE STATEMENTS MADE ABOVE ARE TRUE TO MY KNOWLEDGE AND BELIEF AND IN VERIFICATION WHEREOF, I SIGN THIS AFFIDAVIT ON THIS THE ______ DAY OF _________________, 2007, BEFORE THE SUB-REGISTRAR, __________________________.

____________________

Deponent

The deponent is known to me, identified by me and has signed in my presence.

___________________

Drafted By :

For Lawyers and Jurist
M.L.Hotel Tower Ltd,208,Shahid Syed Nazrul Islam Sarani,
Bijoy Nagar, Dhaka-1000.
www.lawyersnjurists.com

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