Mortgage y

DEED OF SIMPLE MORTGAGE
THIS DEED OF SIMPLE MORTGAGE is made at MEERUT this 29TH day of

OCTOBER 2022.
between
(1) YASHIKA PANDIT, daughter of MANOJ SHARMA aged about 26 years

resident at SARAFFAN STREET KHATAULI (hereinafter referred to as the
‘Mortgagor which expression shall unless repugnant to the context or meaning
thereof, be deemed to mean and include his/her legal heirs, executors and
administrators) of the one part.
(2) SGL PVT LTD. [Housing Finance Company (HFC)], a company within
the meaning of the Companies Act, 1956 (1 of 1956) and having its registered
office at 25, MAIN MARKET KHATAULI (hereinafter referred to as the
‘Mortgagee’ which expression shall, unless repugnant to the context or meaning
thereof, be deemed to include its successors in interest and assigns) of the other
part;
WHEREAS:
(A) The Mortgagor is absolutely seized and possessed of or otherwise well

and sufficiently entitled to the land and premises bearing municipal
survey no. 569/21 lying being and situate at SARAFFAN STREET
KHATAULI within the city/village limits of [KHATAULI] registration
sub-district [KHATAULI] and district [MUZZAFARNAGAR]
(hereinafter referred to as the “ Residential Property”) more particularly
described in the Schedule hereunder written;
(B) By a loan agreement dated 28th Day of October 2022 (the “Loan
Agreement”) made between the Mortgagor as the borrower of one part
and the Bank as the lender of the other part, the Mortgagee has agreed to
lend and advance to the Mortgagor and the Mortgagor has agreed to
borrow from the Mortgagee the amount of Rs. 39,80,000 (Rupees THIRTY
NINE LAKH EIGHTY THOUSAND ONLY) (the “Loan”) upon the terms
and conditions set out therein against the security by way of mortgage of
the said Residential Property
(C) The Mortgagee has called upon the Mortgagor to create mortgage on the
said Residential Property as and by way of security for repayment of the
Loan and payment of interest as hereinafter provided.
NOW THIS DEED WITNESSETH that in pursuance of the said Loan

Agreement and in consideration of the sum of Rs. 39,80,000 lent and advanced/
to be lent and advanced by the Mortgagee to the Mortgagor on the execution of
these presents (the receipt whereof, the Mortgagor doth hereby admit) the
Mortgagor hereby covenants with the Mortgagee that the said sum of Rs.
45,00,000 together with interest, costs, charges, expenses and all other amounts
payable under the Loan Agreement (the “Mortgage Debt”) shall become due and
payable on the happening of any one of the following events (hereinafter
referred to as the “Specified Event”) whichever occurs first, that is to say:
a) on the Mortgagor’s death (or in case where the Borrowers are a married
couple, on the death of the surviving spouse); or
b) in the event of the Mortgagor selling the Residential Property ; or
c) if the Mortgagor permanently moves out of the Residential Property;
Provided that:
i) the amount of the Mortgage Debt shall not exceed the sale proceeds
realized on sale of the Residential Property and in that event the claim for
the Mortgage Debt shall not exceed the sale proceeds of the said
Mortgaged Property; ii) in the event of any heir/legal
representative/executor/administrator of the Mortgagor is willing to repay
and discharges the Mortgage Debt within sixty days after the death of the
mortgagor or his/her spouse, the Mortgagee shall not take any action for
enforcement of the security on the Residential Property. iii) in the event the
sale proceeds, on the sale of the Residential Property on enforcement of the
security exceeds the Mortgage Debt, such excess amount shall be retained by
the Mortgagee and the Mortgagee may make payment of the same to the legal
heirs of the Mortgagor as may be decided by the Mortgagee in its absolute
discretion after such legal heirs shall have satisfied the Mortgagee by such
evidence as may be satisfactory to the Mortgagee that he/they is/are the
legal heir(s) and the only person entitled to inherit the estate of the deceased
Mortgagor.
AND THIS DEED FURTHER WITNESSETH that in consideration aforesaid, the

Mortgagor doth hereby transfer by way of mortgage the Residential Property
together with all his rights, title and interest in the piece or parcel of land bearing
municipal no. [569/21] and lying bearing and situate at SARAFAN STREET
KHATAULI within the city/village limits of [KHATAULI] registration sub-
district [KHATAULI] and district [MUZZAFARNAGAR] (hereinafter referred
to as the “Mortgaged Premises”) and described in the Schedule hereunder
written as a security for repayment and payment of the said Mortgage Debt with
a condition that on the Mortgagor or his heirs, executors, administrator, assigns
repaying/paying the Mortgage Debt due to the Mortgagee in accordance with
the provisions contained in the Loan Agreement and thereupon, the Mortgagee
will release the Mortgaged Premises from the mortgage security and shall if so
required by the Mortgagor execute a Deed of Release at the cost of the
Mortgagor.
AND IT IS HEREBY AGREED AND DECLARED that in the event the Mortgage
Debt is not paid on occurrence of any of the Specified Events, the Mortgagee
shall be entitled to have the said Mortgaged Premises sold through any
competent Court and to realize and receive the said Mortgage Debt out of the net
sale proceeds of the said Mortgaged Property.
Nothing stated hereinabove shall prejudice or adversely affect the right of the
Mortgagee to enforce the security of mortgage of the Residential Property
created hereunder by resorting to the proceedings, remedies and enforcement of
its rights available to it under the Recovery of Debts Due to Banks and Financial
Institutions Act, 1993 and The Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002, each for the time being in
force.
AND IT IS FURTHER AGREED AND DECLARED by the Mortgagor that he

shall also be liable to pay and shall pay all the costs, charges and expenses that
the Mortgagee will incur for the protection of the mortgage security and/or for
the realization of the Mortgage Debt and the same shall be deemed to form part
of the Mortgage Debt and the security thereof as aforesaid.
AND IT IS FURTHER AGREED that during the pendency of the security hereby
created and until repayment and payment of the Mortgage Debt, the Mortgagor
will get insured and keep insured the Mortgaged Premises from or against loss
and damages due to fire or any other accident in the sum of at least Rs. 50,00,000
with some Insurance Company of repute (and which has been approved by the
Mortgagee) and pay all premia on the insurance policy as and when the same
become due and shall be payable in respect thereof to such company and shall
hand over the policy/ies to the Mortgagee duly endorsed in its name as assignee
And in the event of the Mortgagor failing to do so or to pay the premium, the
Mortgagee will be entitled to insure the Mortgaged Premises and/or to pay the
premium thereon and the amount paid by the Mortgagee in respect thereof will
be deemed to form part of the Mortgage Debt.
AND IT IS FURTHER AGREED that in the event of the Mortgaged Premises

being destroyed by fire or any accident as aforesaid, the Mortgagee will be
entitled to receive the insurance claim under such policy to the exclusion of the
Mortgagor and to appropriate the same first towards all arrears of interest and
then the principal amount or any part thereof as may be sufficient to pay the
Mortgage Debt due and if any surplus remains the same only will become
payable to Mortgagor.
IN WITNESS WHEREOF the parties have put their hands the day and year first
hereunder written.
THE SCHEDULE – I REFERRED TO ABOVE
(Description of the Residential Property)
Signed and delivered by, YASHIKA PANDIT, the Mortgagor,
Signed and delivered by, SGL FINANCE CO. the Mortgagee,
in the presence of WITNESSES:

1. UTKARSH GUPTA
S/O SH. KAPIL KUMAR GUPTA
R/O 630 CHANDI ROAD HAPUR
2. MEENAKSHI SHARMA
W/O SH. MANOJ SHARMA
R/O SARAFFAN STREET KHATAULI

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DEED OF SIMPLE MORTGAGE

THIS DEED OF SIMPLE MORTGAGE is made at MEERUT this 29TH day of

(1) YASHIKA PANDIT, daughter of MANOJ SHARMA aged about 26 years

(A) The Mortgagor is absolutely seized and possessed of or otherwise well

NOW THIS DEED WITNESSETH that in pursuance of the said Loan

b) in the event of the Mortgagor selling the Residential Property ; or

c) if the Mortgagor permanently moves out of the Residential Property;

AND THIS DEED FURTHER WITNESSETH that in consideration aforesaid, the

AND IT IS FURTHER AGREED AND DECLARED by the Mortgagor that he

AND IT IS FURTHER AGREED that in the event of the Mortgaged Premises

Signed and delivered by, YASHIKA PANDIT, the Mortgagor,

Signed and delivered by, SGL FINANCE CO. the Mortgagee,

in the presence of WITNESSES:

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