Mortgage IIFL BANK of Nerella Laxmi
Mortgage IIFL BANK of Nerella Laxmi
Mortgage IIFL BANK of Nerella Laxmi
(WITHOUT
POSESSION)
This Deed of Mortgage is Executed at BHEEMGAL on this 27TH day of October, 2023.
BETWEEN
SRI.PUPPALA RAVI S/O.RAJANNA , Age 49 years, Occ:-Agriculture, R/o. H.No.4-40,
SIDDAPALLY Village, Post.Bejjora.Mandal :BHEEMGAL,NIZAMABAD District -
503307.(Aadhar No. xxxx xxxx 7421).Cell No.9912336465, The Party of the First Part
through its authorized representative both named under Schedule I-A.
Here in after referred to as "THE MORTGAGOR", (which expression unless repugnant to the
context or meaning there of shall mean and include his respective heirs , successors , executors
, administrators and as signees)...PARTY OF THE FIRST PART
AND
,
IIFL Home Finance Limited, (hereinafter referred as “IIFLHFL”) a company incorporated under
the Companies Act, 1956 (as amended up to date), having its registered office at IIFL House, Sun
InfoTech Park, Road No. 16 V, Plot No. B-23, Thane Industrial Area, Wagle Estate, Thane –
400604 (ARMOOR Branch) through its authorized representative named under Schedule I-B.
Hereinafter referred to or called as "THE MORTGAGEE" (which expression unless
repugnant to the context or meaning there of shall mean and include it successors, Official
Liquidators, Administrators, assigns and transferee in interest)
…PARTYOFTHESECONDPART
WHEREAS the Mortgagor named under Schedule I-A is the exclusive owner of the said
immovable property more particularly described in Schedule II given here under by virtue of
Deed more particularly described under Schedule I-C.
WHEREAS the Mortgagor along with other applicants, co-applicants and borrower (As
detailed in Schedule I of this deed and here in after referred to as the “BORROWER(S)”) has
availed credit facility from the Mortgagee to the extent of amount mentioned in Schedule I-D
wh.ich credit facility has been extended by Mortgagee. As a security to the said loan amount
and accrued interest (besides other charges, if any) thereupon the Mortgagor has agreed to
mortgage the said property in favour of the Mortgagee.
WHEREAS, the Mortgagor gives her irrevocable consent in respect to create mortgage on the
said property for this present loan as well as the future loan amount , if any disbursed with
mutual consent.
WHEREAS, the Mortgagor do and doth declare that, during the subsistence of the mortgage
the Mortgagee shall have paramount charge over and above the said property and every part
thereof and in no circumstances the Mortgagor do and othact in a manner to prejudice the
rights of the Mortgagee.
WHEREAS, on the aforesaid representation the mortgagee has decided to get executed a Deed
of Mortgage and the Mortgagor do hereby has agreed to execute Deed of Mortgage in favour
of the Mortgagee for securing of the repayment of the Loan amount, present and future (if any)
so also to confirm and continue the terms and conditions of Mortgage.
NOW THIS DEED WITNESSETH:
1. That the Mortgagee has sanctioned Loan more particularly described under Schedule I-E
for which the Mortgagor has agreed to give security of the said property more particularly
described in Schedule II and to do so the Mortgagor have executed these presents so as to
secure loan more particularly described under Schedule I-D with interest, charges, costs and
expenses etc. payable to or incurred by the Mortgagee, the Mortgagor here by transfer of
interest, by way of simple mortgage without possession, the said immovable property more
particularly described in Schedule II given hereunder together with all constructions and
tenements now or at any time here after standing thereon or any part thereof, to the intent that
the said immovable property shall remain and be charged as security for the payment to the
Mortgagee, for all sums of money which may be due to the Mortgagee, at any time in respect
of the aforesaid Loan facility allowed or to be allowed from time to time as aforesaid besides
interest, charges, costs and expenses etc. payable to or to be incurred by the Mortgagee in
accordance with the covenants here in contained.
2. That in case of non-payment of the sum becoming due and payable by the mortgagor to the
mortgagee under this deed, the mortgagee shall been titled to cause the mortgaged premises to
be sold and satisfy the debt. The mortgagor shall be personally liable to pay any amount still
remaining due and payable to the mortgagee.
3. That the Mortgagor declare that, the said property is free from any charge, mortgage,
encumbrances, claim, demand, dispute, lie spendens, proceedings, injunction, litigation,
attachment, pledge, sub-lease, trespass, sub-tenancy or lien and that he will not hereafter create
or allow or permit at any time any trespass, lien, pledge, charge, mortgage, encumbrance,
litigation, attachment, injunction, claim, demand or dispute over upon or into or shall not part
with possession, occupation or custody or shall not induct any person in possession occupation
or custody of the said immovable property or any part thereof. The mortgagor will obtain No
Objection from Mortgagee in case wants to give the said property on lease/rent/license to any
third party.
4. That the Mortgagor shall pay all revenue, taxes, cusses, charges, in relation to the said
immovable property or as to the user thereof and always keep the benefits arising out of the
immovable property free from all charges, statutory or otherwise and will keep the Mortgagee
indemnified against all such demands, claims, charges and expenses what so ever in that
behalf.
5. That the Mortgagee shall be at liberty, without being bound and at its option, to pay all
revenue taxes, cusses, and other such public or statu to rydem and sand charges by debiting
the ask me to the account of the Mortgagor/s, if the principal borrower and/ or the Mortgagor
& borrower(s), fails to pay the same within the time and payment so made together with
interest thereon at the above rate and any expenses incurred shall also be secured here by and
med as a loan advanced.
6. That the said loan (including the sub sequent installments of the loan, and/or further grant
of loan, if advanced) or any balance thereof and all other moneys due for the time being, under
these presents shall be come immediately payable and the security here by constituted shall
become enforceable forthwith, in each and every of the following events, besides other:
A. If the Borrower/ Mortgagor/s shall fail to pay any installment of Equated Monthly
Installments(EMI) on its due date (as agreed between the Mortgagor and the
mortgagee), and/or as and when it may become due and payable;
B. If any distress or execution shall be levied or enforced upon any part of the
mortgaged premises or a receiver there of is appointed;
C. If the Borrower/ Mortgagor/s shall make default in payment of any installment of interest
on its due date (as agreed between the Mortgag or and the mortgagee) as here in before
provided;
D. If the Borrower/ Mortgagor/s shall commit breach of any one of the covenants or
provisions (as agreed between the Mortgag or and the mortgagee) here in contained on their
part to be observed and per formed;
E. If the Borrower is adjudicated in solvent.
7. That this security shall operate as continuing security for all moneys, indebtedness
and liabilities afore said and not with standing the existence of credit balance or such
account/ accounts at any time or any partial payment of fluctuations of loan account(s).
8. That the mortgagor has assured the mortgagee to get the property described in Schedule II
insured against the risk of damage by fire, earthquake or any other calamity natural or
otherwise and keep the insurance policies in force and effective at his cost. The said
insurance policy shall be taken in the name of the mortgagee.
9. That the Mortgagee shall be competent at all times, in accordance with the loan documents
executed by the mortgagor along with other applicants, co-applicants and borrowers, to recall
the loan and the outstanding balances on the said account of the Mortgagor/s and in that event
the Mortgagor/s shall have no grievance to question to the rights of the Mortgagee. If default
happens in repayment of the said loan etc. (including the sub sequent installment of the said
loan) the Mortgagee may at its discretion, by a notice in writing to the Mortgagors along with
other Borrowers, declare the entire Mortgaged Debt payable forth with and the security created
here under shall become enforceable and in any of the events mentioned in last preceding
clause, the mortgagee shall be entitled and shall have full power to sell, transfer in whatever
manner the Mortgagee thinks fit and proper with and/or without the intervention of the court,
as per law, the mortgaged property either by public auction or by private contractor by sale
under the provisions of section 69 of the Transfer of Property Act 1882 and further power to
appoint a Receiver under the provisions of section 69-A-sub-sections (3) (4) (5) (6) (7) and (8)
of the Transferor Property Act, 1882 of the mortgaged property or any part there of be an agent
of the Mortgagors and the Mortgagors shall be solely responsible for the Receiver’s acts
ordefaults; or may exercise all the rights available up on the mortgaged Property, for
enforcement of Security interest under the provisions of Securitization and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) either for a
lump sum or a sum payable by installments and may make such sale upon such terms and
conditions as the mortgagee shall deem proper and the mortgagee shall have full power to buy
in or rescind or vary any contract for sale etc., of all the mortgaged premises or any part
thereof and to resell the same with out being responsible for any loss which may be occasioned
thereby and with power to compromise and effect compositions and for the purposes afore said
issue the receipt of the properties sold and for any other money paid to the mortgagee and shall
effectively discharge the purchaser/s or other person or persons paying the same there from.
10. If the Borrower/Mortgagor/shall duly pay to the Lender the Mortgaged Debt, with in the
Term, then and in such case the Lender shall at any time thereafter, upon the request and at
the costs (including the stamp duty and registration charges) of the Mortgagor/s, regnant,
recovery, reassure, retransfer, and release unto the Mortgagor/s respectively, all and singular
the Properties expressed to be hereby granted, conveyed, assured, transferred, assigned or
charged or any other assets which may be comprised in these presents unto the Mortgagor/s
respectively or as the Mortgagor/s shall direct.
11. Provided also and it is here by agreed and declared that if the Borrower / Mortgagor/s fails
to pay to the Lender the Mortgaged Debt or any part there of in th e manner provided here in
with in the Term, then and in that event the Propertie shere by granted, conveyed, assured,
transferred, assigned and charged or expressed so to be shall not be redeemed or be
redeemable by the Mortgagor/s or any other person or persons interested in the equity of
redemption there of at any time thereafter.
12. The obligations of the Mortgagors shall also be governed by the provisions contained in
the Loan Agreements, being executed by the Mortgagor along with other Borrowers and
that the same shall be binding upon and ensure to the benefit of each party thereto and its
successors and assigns.
13. The power of the Mortgagors while in lawfully in possession of the respective Properties
or any part thereof has no power to make leases there of save and except with the consent in
writing of the Mortgagee first obtained on such terms and conditions as the Mortgagee in its
absolute discretion may think fit and the provisions of Section 65 A of the Transfer of Property
Act, 1882, shall not apply to these presents.
14. In the event of the Mortgagee holding any other mortgage or a mortgage executed by the
Mortgagors in respect of any other property or properties of the Mortgagors, the Mortgagee
shall be entitled to sue for real is ation of the Mortgaged Debt secured by these presents
without being bound to sue on the other mortgage or mortgages on other property or
properties of the Mortgagors although the money secured by the said other mortgage or
mortgage shad then become due.
15. That the Mortgagor and borrowers, jointly and severally shall bear all expenses,
including but not limited to, on stamp paper and registration of this deed as well as charges
for getting the mortgage charge recorded in the records of concerned Sub Registrar of
Assurances and/ or with such statutory authorities, as may be applicable.
16. The Mortgagor/s and the Borrower here by agrees, accepts and consents for the disclosure
and sharing by the Mortgagee of all or any information and data relating to them, the Loans,
the irrespective account/s, and this Deed, including but not limited to information relating to
default, if any, committed by the Mortgagor/s and the Borrower, in the discharge of their
obligations, as the Mortgagee may deem appropriate and necessary to disclose and furnish, to
the authorities concerned and/or to the related agencies like Credit Information Bureau (India)
Ltd and/or to any other agency authorized in this behalf, to its professional advisers and
consultants and to its service providers, third party or other wise, instructed by it in relation to
this Deed and/ or as required under law or any applicable regulation, at the order of a court of
law, or at the request or order of any statutory, regulatory or supervisory authority with whom
it customarily complies.
17. That in the event of default on the part of the Mortgagor as a whole to repay the
amount payable by him to the Mortgagee under the loan facilities extended to him along
with other borrowers ( applicant & Co-applicants) by the Mortgagee, the Mortgagee shall
have the un conditional and unrestricted right to sell and dispose of the said property with or
without the intervention of the Courts to liquidate the outstanding dues payable by the
mortgagor i.e. applicants, co-applicants & borrowers, under the loan facility
18. This deed shall be governed by and construed in all respects with the Indian Laws, the
Mortgagor/ s and the Borrower agree that any matter or issues arising hereunder or any dispute
hereunder shall be referred to the sole Arbitrator appointed by the Lender under Arbitration
and Conciliation Act, 1996 and, at the option/ discretion of the Lender, be subject to the non-
exclusive jurisdiction of the Courts of the City of Delhi in India.
No amendment or modification to this deed will be effective or binding unless it is in writing and
executed by the Parties here to and refers to this Indenture.
IN WITNESS WHEREOF THE PARTIES - hereunto have signed this deed of the day and
year first above written in the presence of each of the attesting witnesses detailed herein below
and the attesting witnesses have put in their signatures in the presence of the parties-
Attesting Witnesses
MORTGAGOR
2.
MORTGAGEE
IIFL Home Finance Limited/ India Info
line Finance Limited
SCHEDULE I
S. ITEMS
No. INFORMATION TO BE INSERTED
Schedule I-E
Rs.10,93,920/-(Rupees Ten Lakhs Ninety
5. Sanctioned Amount Three Thousand and Nine Hundred Twenty
Rupees Only)
SCHEDULE I
Schedule of Mortgaged Property
S. ITEMS
No. INFORMATION TO BE INSERTED
3. Address
Admeasuring:
SIGN.OFTHEMORTGAGOR
2.
MORTGAGEE
IIFL Home Finance Limited/
India Info line Finance Limited
.