DEED OF MORTGAGE

LOAN AMOUNT TK. 27,00,000/-

(TAKA TWENTY SEVEN LAC)
ONLY.

This Deed of Mortgage made at Dhaka on this the . . . . . . day of January 2015

BETWEEN

NATIONAL HOUSING FINANCE AND INVESTMENTS LIMITED, a public

limited company incorporated under the Companies Act 1994 having its registered
office at “National Plaza” (7th floor), 109, Bir-Uttam C. R. Datta Road, Dhaka,
hereinafter called "National Housing" (which expression unless excluded by or
repugnant to the context shall mean and include its successors-in-interest and assigns)
of the FIRST PART.

AND

Mr. Md. Mohibur Rahman son of Late Md. Abdul Mozid Sarder & Late Mahmuda
Khatun of Vill.- Shikri, P.O.- Mirgidanga, P.S. + Dist.- Satkhira, Presently residing at
Flat No. D-5, House No. 584, Shewrapara Rokeya Sarani, Mirpur, Dhaka- 1216;
hereinafter referred to as the "MORTGAGOR–BORROWER" (which expression
unless excluded by or repugnant to the context shall mean and include the “Mortgagor
– Borrower” legal heirs, executors, administrators, legal representatives, successors
and assigns) of the SECOND PART.
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WHEREAS, Mrs. Amina Khatun was the owner of the scheduled property by way of
purchase vide a registered Sale Deed No. 4459 dated 29.04.1964. Thereafter, she transferred
the said property in favour of Sultan Ahmad vide a registered Sale Deed No. 867 dated
14.01.1966. Thus Sultan Ahmad became absolute owner of the said property by way of
purchase and being in peaceful possession over the said land recorded his name in R.S.
Khatian. Thereafter, Sultan Ahmad appoint a lawful attorney to Md. Hamidur Rahman vide a
registered Power of Attorney No. 361 dated 198.01.1988 to empower do all things towards the
sale. Thereafter, Sultan Ahmad represented by his duly constituted attorney Md. Hamidur
Rahman transferred the said property to Gandhi Choron Ghosh vide a registered Sale Deed
No. 2584 dated 17.04.1988 and Sree Rathindra Chandra Roy Bormon, Sree Ghonosham
Roy Bormon and Dr. Sree Topon Chandra Roy Bormon vide a registered Sale Deed No.
2583 dated 17.04.1988.

Thus, Gandhi Choron Ghosh, Sree Rathindra Chandra Roy Bormon, Sree Ghonosham Roy
Bormon and Dr. Sree Topon Chandra Roy Bormon became absolute owner of the said property
by way of purchase and being in peaceful possession over the said land recorded their name in
Dhaka City Jorip Khatian.

Thereafter, Gandhi Choron Ghosh, Sree Rathindra Chandra Roy Bormon, Sree Ghonosham
Roy Bormon and Dr. Sree Topon Chandra Roy Bormon executed an Irrevocable General
Power of Attorney (IGPA) in favour of the Anima Developments Limited (the “Developer”)
represented by its Managing Director, Engr. Abdul Motin, empowering the Developer to
construct, and do all things towards the sale of the Apartment to be constructed on the project
land vide registered Deed of Irrevocable General Power of Attorney No. 14294 dated
07.11.2010 was registered before the Sub-Registrar- Mirpur. Thereafter, Mr. Md. Mohibur
Rahman son of Late Md. Abdul Mozid Sarder purchased the scheduled Apartment from
Gandhi Choron Ghosh, Sree Rathindra Chandra Roy Bormon, Sree Ghonosham Roy Bormon
and Dr. Sree Topon Chandra Roy Bormon represented by their duly constituted attorney Engr.
Abdul Motin, Managing Director, of Anima Developments Limited vide a registered Deed of
Sale No.….………….. dated …………………….. was registered before the Sub-Registrar,
Mirpur, Dhaka.

AND WHEREAS at the request of the “Mortgagor-Borrower”, “National Housing” has offered
a Home Mortgage Loan of TK. 27,00,000/- (Taka Twenty Seven Lac) only on different terms
and conditions as embodied in the Loan Agreement and the offer letter No. 0101-04439 dated
August 24, 2014 (hereinafter referred to as 'offer letter' including any modification,
amendment and/or supplemental thereof) and the “Mortgagor-Borrower” have accepted the
Home Mortgage Loan offered by "National Housing".

AND WHEREAS it has been agreed upon that the loan be secured by registered mortgage of
the "Mortgagor-Borrower’s” against an apartment measuring more or less 1020 sft., Apartment
No. B-6 on 6th floor together with proportionate share of undivided and undemarcated land in
the project named “ANIMA MAISON” at Plot No. 449/1/A, South Monipur, Mirpur, Dhaka-
1216, more particularly and specifically described in the ‘Schedule’ (hereinafter referred to as
the "Mortgaged Property").

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NOW THIS DEED OF MORTGAGE WITNESSETH AS FOLLOWS
1. That, in consideration of "National Housing" having granted a Home Mortgage Loan at the
request of the “Mortgagor – Borrower”, the “Mortgagor – Borrower” as security and by
way of Registered Mortgage, hereby Mortgage to "National Housing" the "Mortgaged
Property" with intent that the "Mortgaged Property" shall be in charge in favour of
"National Housing" by way of Registered Mortgage as security for the repayment to
"National Housing" of the Principal Money of TK. 27,00,000/- (Taka Twenty Seven Lac)
only together with interest at the rate of 14.00% (fourteen percent) per annum with yearly
rests or at such rate as "National Housing" shall determine from time to time. The rate of
interest is changeable at the change of Bank Rate/Banking norms and all other charges,
costs and expenses and commission which may be sustained or incurred by "National
Housing" and which may accrue or become due to "National Housing" in connection with
therein in accordance with the terms and conditions (All which sums of money are
hereinafter refereed to as the "Mortgage Money") in accordance with the terms and
conditions and covenants contain herein. Provided always that the “Mortgagor’s –
Borrower” may at any time pay to the "National Housing" any sum of not less than Tk.
1,00,000/- (Taka One Lac only) on accounts of moneys hereby secured and that all sums so
paid shall be applied first in reduction or payment of the interest and costs then due under
these presents and then in reduction or payment of the "Mortgage Money" hereby secured.

2. That the "Mortgaged Property" is and shall remain to be the sole and absolute property of
the “Mortgagor – Borrower” and shall continue except the one herein provided and the
“Mortgagor – Borrower” hereby represents to and covenants with "National Housing" that
the “Mortgaged Property” is free from encumbrances and there is no defect in the title of
the "Mortgaged Property" with "National Housing".

3. In case the “Mortgagor – Borrower” fails to repay the aforesaid loan amount with interest
the entire "Mortgage Money" secured shall become payable immediately by the “Mortgagor
– Borrower”.

4. That the loan is repayable as per the terms and conditions of the Loan Agreement and Offer
Letter No. 0101-04439 dated August 24, 2014.

5. That during the continuance of the mortgage the “Mortgagor – Borrower” shall keep the
"Mortgaged Property" in good and substantial repairs and if the “Mortgagors – Borrowers”
neglects to do so, "National Housing" may at its discretion either recall the money due
hereunder and realize the same by enforcement of this mortgage or otherwise enter upon the
"Mortgaged Property" from time to time in order to repair and maintain the "Mortgaged
Property" without hereby becoming liable as mortgagee in possession and the expenses of
all the repairs shall be paid by the “Mortgagor – Borrower” on demand and the amount so
payable shall be realized from the "Mortgage Money" and be secured in the like manner as
"Mortgage Money" and bear interest at the rate hereinbefore mentioned.

6. That the “Mortgagor – Borrower” will pay the annual rates, taxes, ceases and such other
imposition as are and may become payable on or in respect of the "Mortgaged Property" or
any part thereof and will observe, perform and comply with the terms, conditions and
covenants of lease, if any and keep "National Housing" fully indemnified at the time in
respect thereof.

7. Any notice to or demand on the “Mortgagor – Borrower” sent or made at the address of the
"Mortgaged Property" shall be deemed to be sufficient and valid for this mortgage and shall

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 be deemed to have been made and communicated on the date of the notice or letter of
demand.

8. That the “Mortgagor – Borrower” shall be bound by the acts of "National Housing"
hereunder and shall accept the accounts and documents of "National Housing" as
conclusive proof of such acts and of the "Mortgage Money" as well as of the fairness and
correctness of sale price in case it is effected herein under.

9. It is hereby agreed and declared that in case the "Mortgage Money" and interest, costs and
expenses and commission if any be not paid or satisfied "National Housing" may forthwith
enforce against the “Mortgaged Property” under Section 12 Sub Section 3 of the Artha Rin
Adalat Ain 2003 and its subsequent amendments and all or any other remedies available to
"National Housing" as the holder of the Registered Simple Mortgage under Section 58(b)
and Section 69 of the Transfer of Property Act 1882 as demanded up to date without
intervention of the court and this deed shall be construed as a registered simple mortgage as
defined by the said Act.

10. It is agreed that on the happening of any of the following events, "National Housing" at its
own discretion as provided in section 69 of the said Transfer of Property Act 1882 shall be
entitled to sell the "Mortgaged Property" without intervention of the court either by private
contract or public auction and shall also be entitled to concur with any person in so selling
the "Mortgaged Property" or a part thereof either by public auction or by private treaty.

a) If the “Mortgagor – Borrower” omits in payment of the "Mortgage Money" and

installment on the day it is due and if such default continues for a period of two
months and after notice in writing requiring payment of the money/any installment
is served on the “Mortgagors – Borrowers” by "National Housing".

b) If the “Mortgagor – Borrower” fails to pay installment for three consecutive months
from the date it is due or if interest up to and aggregate amount or as the case may
be has become due and payable by the “Mortgagor – Borrower”.

c) If the "Mortgaged Property" is damaged or diminishes in value, so as to repair the

security of which "National Housing" is the sole judge and "National Housing's"
decision in this case will not be questioned by the “Mortgagor – Borrower” and
shall be accepted as conclusive proof.

11. If the “Mortgagor– Borrower” fails to repay the "Mortgage Money" as required under the
preceding clauses "National Housing" without any further notice to or concurrence on the
part of the “Mortgagors – Borrowers” shall be entitled to

a) Let or demise the "Mortgaged Property" or any part thereof for tenancy at such rate
and generally upon such terms and conditions as "National Housing" in its absolute
discretion deem fit.

b) That if the sale proceeds of the "Mortgaged Property" falls short of the claim of
"National Housing", the “Mortgagor – Borrower” will pay the balance from
“Mortgagor – Borrower” other resources to "National Housing".

12. "National Housing" may appoint any Officer of "National Housing" or any other person at
its discretion if it is considered proper as receiver of the income of the “Mortgaged
Property” and realize the said income and out of it to discharge all rates, taxes, dues and
outgoings whatever payable in respect of the "Mortgaged Property" or any part thereof or
pay commission at the rate of "National Housing's" normal rules on gross realization, to
pay all premium of insurance policies of the "Mortgaged Property" or part thereof and the
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 cost of necessary repairs and to expand the balance first in liquidation or payment of
interest dues, costs, charges, expenses, commission incurred by or secured to "National
Housing" and then in liquidation or payment of “Mortgage Money” due hereunder and pay
the residual, if any, to the “Mortgagor – Borrower”.

13. This mortgage shall operate as a security for all money, indebtedness and liabilities of the
“Mortgagor – Borrower” with "National Housing" at any time outstanding and/or
substituting at the time of loan as hereunder.

14. The “Mortgagor – Borrower” shall allow "National Housing" its servants, agents and
surveyors at all reasonable time to enter upon the premises forming part of the "Mortgaged
Property" and view and examine the state and condition thereof.

15. Nothing herein shall operate to prejudice any rights remedies or securities, which
“National Housing” may have in respect of merger of “Mortgage Money”, or any part
thereof mentioned hereinabove.

16. That the “Mortgagor – Borrower” agrees that neither this mortgage nor any thing contained
herein shall impair, extinguish, limit or otherwise prejudicially effect all or any of the
rights, remedies, privileges, benefits or securities or guarantee which "National Housing"
has acquired for or may acquire hereinafter or that may otherwise be available to "National
Housing".

17. In case the “Mortgagor – Borrower” repays all the sum due to "National Housing" under
the said Home Mortgage Loan, the “Mortgagor – Borrower” shall be entitled to the
reconveyance of the "Mortgaged Property" mortgaged hereunder at “Mortgagor’s –
Borrower’s” own costs, all encumbrances or charges whatsoever arising under this deed in
favour of "National Housing" or to obtain release of the "Mortgaged Property" free from
all encumbrances arising out of this Deed.

18. That if the “Mortgagee” “National Housing” suffers any loss because of any statement
made by us (“Mortgagor’s-Borrower)” proves to be false or concealment of any fact
regarding the title and possession of the “Mortgaged Property” by us “Mortgagor-
Borrower” we “Mortgagor–Borrower” shall return to “National Housing” the entire loan
amount with interest and shall be liable to existing laws of the land.

19. In case “National Housing” fails to recovery the “Mortgaged Property” to the “Mortgagor”
on full repayment of the “Mortgage Money”, the “Mortgagor” will have right of
redemption under law.

SCHEDULE OF THE PROPERTY

All that demised premises of the apartment No. B-6 having floor space measuring 1020 square
feet on the 6th floor (South-East) along with undivided and undemarcated proportionate share
of land measuring 0053.80 ajutangsha out of 3.91 katha of 7 storied residential building Project
named “Anima Maison” situated within in the District Dhaka, P.S & Sub Registry Office-
Mirpur, Mouza-Senpara Parbata, J.L. No. C.S. 220, S.A. 120, R.S. 99, Dhaka City Jorip-17,
Khatian No. C.S. 590, 497, S.A. 699, R.S. 3515, Dhaka City Jorip- 5663, 11634, Plot No. C.S
& S.A. 1167, 1165, R.S. 17942, Dhaka City Jorip-55147; which is Holding No. 449/1/A,
Monipur, Mirpur, Dhaka-1216; butted and bounded by
On the North: Mr. Mohammad Ali;
On the South: Road;
On the East: Road;
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On the West: Mr. Jakir Hossain.

IN WITNESS WHEREOF, the “Mortgagor – Borrower” hereto set “Mortgagor-Borrower”

hands in this deed on the date month and year first above written.

WITNESSES: MORTGAGOR-BORROWER
1.

………………………………….
(Mr. Md. Mohibur Rahman)

2.

Drafted and Prepared by;

A. Q. M. Ambia Touhid
LL.B.(Hons), LL.M. (Advocate)
Plot # 11-A, Road # 48, Block # CWN(A)
Gulshan-2, Dhaka- 1212

Page 6 of 8
 AFFIDAVIT

SUB REGITRAR- MIRPUR, DHAKA

I/We, Mr. Md. Mohibur Rahman son of Late Md. Abdul Mozid Sarder & Late Mahmuda
Khatun of Vill.- Shikri, P.O.- Mirgidanga, P.S. + Dist.- Satkhira, Presently residing at Flat No.
D-5, House No. 584, Shewrapara Rokeya Sarani, Mirpur, Dhaka- 1216, aged about ------ years;
do hereby solemnly affirm and declare on oath that I am the citizen of Bangladesh.

I/WE DECLARE THAT,

A. That the immovable property proposed to be transferred is not attached under the
Bangladesh Collaborators (Special Tribunal) Order, 1972 (President’s Order No.- 8,
1972).
B. That the immovable property proposed to be transferred is not an abandoned property
within the meaning of this Bangladesh Abandoned property Control, Management and
Disposal Order, 1972 (P.O. No 16 of 1972)
C. That the immovable property transferred has not vested in or does not stand forfeited to
the Government under any law for the time being in force in Bangladesh.
D. That the immovable property proposed to be transferred does not contravene any
provision of any other law for the time being in force.
E. That the immovable property proposed to be transferred is not liable to be void under
Article 5A of the Bangladesh Land Holding (Limitation) Order, 1972 (P.O. No 98 of
1972).

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F. That the immovable property proposed to be transferred has been correctly described
and has not been undervalued and the seller has transferable right in such property.

FURTHER I/WE DECLARE ON OATH THAT,

I am the absolute owner of the subject mention property. No Agreement for Sale has
executed with any third party for sale of the said land or the said land has not been sold
elsewhere by any deed or the said land has not been mortgage to any third parties.

THE STATEMENT MADE ABOVE ARE TRUE TO MY KNOWLEDGE AND BELIEF

AND IN TRURH WHEREOF, I SWEAR THIS AFFIDAVIT ON THIS THE
DATED………………..

DEPONENT

I declare that the deponent is known

to me and he is signed in front of me.

IDENTIFIER

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