MORTGAGE DEED OF RS.

-----------------/-

THIS MORTGAGE DEED is made and entered into at Jand on this _______ day of
______ 2019

BETWEEN

Mr. ……………………………………………….. (hereinafter referred to as the

“MORTGAGOR” (which expression shall include unless the context otherwise
permits, his successor-in-interest and assigns) of the ONE PART.
AND

Habib Bank Limited, a banking company incorporated under the laws of the
Islamic Republic of Pakistan and having its registered office at office at 4 th Floor
Habib Bank Tower Jinnah Avenue Islamabad and one of its place of business at
JAND BRANCH (hereinafter referred to as the “Bank”) which expression shall
mean and include the successors and assigns) of the OTHER PART.

WHEREAS, the Mortgagors are seized and possessed of and otherwise lawfully well
and sufficiently entitled to all that piece and parcel of land, with construction
thereon, Land measuring ----------------------- being --------- part of total land measuring --------
----- bearing Khasra ----------------------------Khatooni No. -------------, and Khewat no. ---------
situated at ----------------------------- having acquired through Mutation No. -----------
particularly described in the Schedule hereto (hereinafter called the "Property”).

AND WHEREAS, at the request of the Mortgagor, the Bank has agreed to provide
Finances as defined in the Financial Institutions (Recovery of Finances) Ordinance,
2001 and/or any other banking accommodation/arrangement/facility (hereinafter
referred to as “Finances”) to M/s MSW Enterprises Sole Proprietorship concern of Mr.
Sohail Waqas (hereinafter referred to as “Customer”)(hereinafter referred to as “the
Customer”) against the security of a mortgage of the Property on the basis of among
other securities, in addition to Memorandum of Deposit of Title Deeds, registered
mortgage in a sum of Rs.10,000,000/- (Rs. Ten Million only) in respect of the said
Property.
NOW THEREFORE, THIS DEED OF MORTGAGE WITNESSETH:

1. In consideration of the Bank extending/agreeing to extend to the Customer the

Finances as aforesaid, the Mortgagor does hereby mortgage the Property to the Bank
as security to hold the same until the payment/ repayment of all moneys due to the
Bank by the Customer under the relevant finance documents executed by and
between the Customer and the Bank or otherwise in relation to the Finances.

2. The Mortgagor covenants to pay/ensure repayment of all amounts due and payable
to the Bank by the Customer in accordance with the terms and conditions specified
in relevant finance agreement(s) or documents executed by and between the Bank
and the Customer from time to time or otherwise reflected as outstanding, due and
payable by the Customer in the books of account of the Bank.

3. The Mortgagor hereby declares that the Property is free from all claims, liens,
encumbrances and charges of whatsoever nature and the Mortgagor shall not in any
way allow or permit anything to be done in respect of the Property so as to make the
Mortgagor's rights therein liable to be extinguished or in any way impaired and shall
keep the Property free from all charges and encumbrances of whatsoever nature.

4. The Mortgagors covenants with the Bank that the Mortgagor has full rights and
absolute authority to create this mortgage on the Property by execution of this
Mortgage Deed to secure the repayment/payment of all sums due to the Bank by the
Customer in terms of the Finances granted to the Customer.

5. The Mortgagor during the continuance of the mortgage shall keep the Property
adequately insured with an insurance company approved by the Bank against
damage by fire and such other risks as the Bank may require from time to time with
the Bank named as loss payee and the Mortgagor shall pay the premia as and when
due and shall pass on the original policy(ies) of insurance receipts to the Bank. In
case the Mortgagor fails or omits to effect such insurance or to pay any such premia
the Bank may obtain the insurance and pay the premia on behalf of the Mortgagor
and the sums so expended plus an addition of 20% thereto as liquidated damages
shall be due from the Customer/Mortgagor to the Bank.

6. In default of payment of any amount due and payable by the Customer to the
Bank, the Mortgagor shall become liable for immediate payment to the Bank of the
amount due and notwithstanding anything contained herein the Bank shall be
entitled to serve written notice upon the Mortgagor calling upon the Mortgagor to
pay the amount due and payable by the Customer to the Bank and failing such
payment, this mortgage security may be enforced by the Bank in accordance with
law for the recovery of the amount due to the Bank and cost of funds claimed by the
Bank and service of notice upon the Mortgagor shall be conclusive evidence of the
default and the Bank shall be entitled to enforce this mortgage security.
7. Without prejudice to the legal rights and remedies available under law, it is agreed
that the Bank after giving notice in writing to the Mortgagor as aforesaid, shall have
the power to enter upon, take possession and sell the Property or any part thereof
either by public auction or by private treaty, including the right to purchase the same
itself without the intervention of the Court and appropriate/adjust the sale proceeds
towards the outstanding amount due from the Customer on the happening of any of
the following events:

(i) If the amount due from the Customer is not paid upon demand being made by the
Bank; or

(ii) If the Property is damaged or diminishes in value which has or is likely to impair
the security hereby given; or

(iii) If the Customer goes into voluntary liquidation and/or if winding up proceedings
are threatened or instituted against the Customer; or

(iv) If the Customer commits a breach of any of the terms and conditions of any the
agreement(s) executed between the Bank and the Customer; or commits any breach
of a duty or obligation under law.

(v) If the Mortgagor commits a breach of any terms or conditions of this Mortgage
Deed; or

(vi) If the Mortgagor or the Customer becomes bankrupt or insolvent or enters into
any agreement with his creditors or takes or suffers any similar action in
consequence of debt; or

(vii) If a receiver is appointed by any person or court of the properties or assets of

the Mortgagor or the Customer including the whole or any part of the Property; or

(viii) If the Mortgagor or the Customer makes any agreement of composition with
his creditors or if the Mortgagor’s property is attached by any court or banking court
or by any Government or other Authority; or

(ix) If the Bank in its absolute discretion decides for any reason whatsoever and
extended without assigning any reason to discontinue any Finance,

(x) If any warranty, representation or statement which is made by the Mortgagor in

this Deed or any other document or which is contained in any certificate, statement
or communication provided by the Mortgagor or any one on the Mortgagor's behalf
proves to be incorrect in any respect considered material by the Bank; or

(xi) If in the opinion of the Bank the security hereby created or any part thereof is in
jeopardy, but so that this clause shall not be read ejusdem generis with clauses (i) to
(x) above.
8. In the event of any default and without prejudice to the right of the Bank specified
in clause 7 above, the Bank may at its discretion appoint any person as it may deem
fit, as receiver of the Property or any part thereof with power to realize its income
and to discharge therefrom all rents, taxes, insurance premia and dues whatsoever
payable in respect of the Property or any part thereof to pay his own commission and
costs of necessary repairs thereto and to expend the balance towards payment of the
dues of the Bank. The surplus, if any, shall be paid to the Mortgagor.

9. That this security is a continuing security and is independent of and without

prejudice to the equitable mortgage and/or guarantee executed by the Mortgagor in
favour of the Bank or any other security or securities that the Bank may now or
hereinafter hold in respect of the Finances, agreed to be extended and/or extended
by the Bank to the Customer and the mortgage hereby created shall rank paripassu
with any equitable mortgage created by the Mortgagor in favour of the Bank in
respect of the Property.

10. That the Mortgagorss shall allow the Bank or its authorized agents at all
reasonable times to enter upon the Property or any part thereof and to view and
examine the condition thereof.

11. This mortgage shall be a continuing security and shall not be considered as either
wholly or partially satisfied or redeemed by any payment by the Mortgagor or the
Customer and shall constitute a security for any amount ultimately due to the Bank
from the Mortgagor and/or the Customer. This security shall cover all indebtedness
of the Customer from time to time and all extensions/renewals and variations
thereof. The security hereby created shall only terminate upon the Bank executing a
Deed of Redemption and returning the said deed alongwith all original title
documents to the Mortgagor.

12. The Bank may as it may deem fit without reference or notice to the Mortgagor
and without obtaining the Mortgagor's consent and at all times, without prejudice to
this mortgage and without discharging or in any way affecting the Mortgagor's
liability hereunder grant time or other indulgence to or accept or make any
composition or agreement with the Customer and also vary/renew/extend any
financing agreement or other agreement from time to time.

13. No delay or omission to exercise any power, right or remedy accruing to the
Bank upon breach or default of the Customer and/or the Mortgagor shall impair any
power, right or remedy of the Bank nor shall such delay or omission be construed to
be a waiver on the part of the Bank unless it is in writing signed on behalf of the
Bank.
14. The Mortgagor shall pay to the Bank all costs, charges, fees and expenses that
may be incurred in connection with this Mortgage Deed and including stamp duty,
registration fees and advocates fees.

15. The Mortgagor hereby agrees to indemnify and hold the Bank safe, indemnified
and harmless against all losses, damages, claims, liabilities, costs, charges, fees and
expenses that may arise or be sustained by the Bank on account of anything which
the Bank may do or omit to do under the terms hereof or otherwise in relation to the
Property.

16. Any notice to the Mortgagor and/or the Customer on the address given to the
Bank or as on the title of these presents shall be deemed to be sufficient and valid
for all purposes and shall be deemed to have been served, if sent by post or left at
the address given.

17. On payment of all dues to the Bank, the Bank shall, at the cost of the Mortgagor
redeem/release the Property from the mortgage free of all obligations arising under
this Mortgage Deed.

18. The terms the "Mortgagor", the "Customer" and the "Bank" wherever the context
so permits shall always mean and include their respective successors-in-interest and
assigns.

19. This Mortgage Deed is executed as security for the repayment of the Finances,
and/or all amounts due to the Bank from the Customer and/or the Mortgagor under
any mode of Finance not based on interest and, therefore, stamp duty applicable
under law has been paid hereon.

20. The Mortgagors shall get the charge hereunder created, registered with the
Registrar of Companies, if required under law and shall do and execute all acts,
deeds, documents and assurances as the Bank may reasonably require for effectively
assuring the security and facilitating realization thereof.
 SCHEDULE OF THE PROPERTY ABOVE REFERRED

All that piece and parcel of land, with construction thereon land, with construction
thereon, bearing Land measuring 2Kanal-9Marlas being 1/6 part of total land measuring 14K-
16M bearing Khasra No------------ Khatooni No. ------------, and Khewat No. ------------ situated at
------------------------------------ having acquired through Mutation No.----------- together
with the building, walls, fittings in fixtures, constructed or to be constructed thereon
of therein & boundaries as below.

North: Street South: House

------------------------------------------------------------------------------

IN WITNESS WHEREOF, the Mortgagor has set their hand to this Mortgage Deed
on the day, month and year first above written.
__________________________________________________

MORTGAGOR

__________________________________________________
Mr. ------------------------------ holding CNIC No. ------------------- R/O -------------------------------

WITNESSES:

1. _________________________________________
2. _________________________________________

Presented for registration this Mortgage Deed by Mr. Allah Yar Khan son of Walayat
Khan holding CNIC No. 37104-1006612-1 R/O Bhandar Tali , Post Office Jand, Tehsil Jand District
 on this _________day of ________2019 between the hours____ to_____ the
Attock
________________.

(1)_________________________________________________________

EXECUTANT:
Mr. ----------------------------- holding CNIC No. -------------------- R/O -------------------------

SUB REGISTRAR
-------------
Execution and completion of this Deed has been admitted by the said Executant who
subscribes to and abides by all the terms and conditions set-forth in the body of this
Deed. The executant is identified by M/S:

1.
2.

The witnesses are relied upon.

EXECUTANT (1)________________________________________

WITNESSES:

1__________________________ 2_____________________

SUB REGISTRAR
JAND
 CERTIFICATE

Registered at No._____ Book No.______ Volume No._____ Page No._____ and its
duplicate copy pasted in the Addl Book No.____ Volume No.____ on butts
from____ to _____in the Office of Sub Registrar, JAND on this____day of _______
2019

The executant and the witnesses have signed in my presence.

SUB REGISTRAR
JAND