DEED OF MORTGAGE (SAMPLE)
DEED OF MORTGAGE
Mortgage Value BDT 12,00,000 (twelve Lac) Taka Only
This Deed of Mortgage is made on the 24th of May 2016 of the christian era
— BETWEEN —
Md Jakir Hossain, son of Abdul Rahman and Rahima Begum, having permanent and present address of 44, West Agargaon, Dhaka – 1207, bearing NID No 19935678901214567, by faith Muslim, by profession a businessman, by Nationality a Bangladeshi (by birth), hereinafter referred to as ‘Borrower – Mortgagor’ (which expression shall, unless excluded by or repugnant to the context, mean and include heir/s, legal representative/s, administrator/s, nominee/s, and assign/s) of the First Part
— Borrower – Mortgagor
Wish Bank Limited, a banking company incorporated under the Companies Act 1994, having it’s registered office at 55, East Agargaon, Dhaka – 1207, represented by its managing director Rahim Khan, bearing T.I.N. 245-566-9874, Deputy Commissioner of Taxes, under circle 49, Tax area -5, Dhaka, hereinafter referred to as ‘Mortgagee’ (which expression shall, unless excluded by or repugnant to the context, mean and include heir/s, legal representative/s, administrator/s, nominee/s, and assign/s) of the Second Part
WHEREAS the Mortgagor is lawfully seized and possessed the flat, located at house no 44, West Agargaon, Dhaka – 1207, sufficiently entitled as absolute owner by way of inheritance and free from any encumbrances which is fully mentioned and described in the “schedule – I” hereunder written and hereinafter referred to as the “Scheduled Property”.
AND WHEREAS the mortgagee at the request of the mortgagor, has agreed to sanctioned the aggregate credit facility of BDT 12,00,000 (twelve Lac Taka) only (herein after referred to as “loan”) vide its sanction letter No. DHAN/CR/2055/145 dated 24.02.2016 (hereinafter referred to as “Sanction Letter”) on condition inter alia, that the mortgagor shall mortgage the Scheduled Property as security of the credit facility sanctioned in favour of the Borrower.
AND WHEREAS the mortgagor has accepted the condition offered and agreed to create legal mortgage on the Scheduled Property in favour of the Mortgagee and obtained permission form the concerned authority of RAJUK vide memo no. RAJUK /EST/1402/STHA
AND WHEREAS the mortgagee has agreed to accept the scheduled Property as security of the credit facility sanctioned in favour of the mortgagor.
NOW THIS DEED OF MORTGAGE WITNESSES AS UNDER:-
- That in consideration of above loan BDT 12,00,000 (twelve Lac Taka) only vide its sanction letter No. DHAN/CR/2055/145 dated 24.02.2016 hereby transfer and convey by way of simple mortgage whole of the Scheduled property with power of sale without the intervention of the court.
- That the mortgagor will have the right to enter and possession along with all rights, interest, easements and structures belonging there to as security for repayment of the aforesaid loan facility given by mortgagee to the borrower.
- That if the Borrower fails to repay the loan to the Mortgagee in manner stated in sanction letter or in any other manner so agreed between the Borrower and the Mortgagee, then the mortgagee shall be entitled to recover the outstanding dues form the mortgagor under this Mortgage Deed without the intervention of the court of law.
- That the mortgagee, if necessary, shall be entitled to sell the Scheduled property without the intervention of the court of law at its own discretion as provided under section 69 of the transfer of property act, 1882 and/or under section 12 of the Artha Rin Adalat Ain, 2003 and the same shall be regarded as valid and binding on the all the parties to which the mortgagor shall not object.
- That the mortgagor here by also confirms that during the sale of the Scheduled Property, the mortgagee shall have absolute discretion to determine the sale price of the property and the sale price so determined shall be binding on mortgagor.
- That the mortgagor shall not allow or appoint any Receiver for Scheduled property except at the instance of mortgagee, who shall always at its own discretion be able to appoint a Receiver for the scheduled property nor any charge which may prejudice the security of Deed of Mortgage hereby created shall be illegal and of no effect.
- That the mortgagor hereby declares that the scheduled property is free from all encumbrances of whatever nature and the mortgagor have good and marketable title in the mortgage property and are legally entitled to mortgage the same with the mortgagee by way of registered mortgage.
- That the mortgagor shall be under obligations to permit the mortgagor or its representative from time to time to enter into the scheduled property to view, value and inventories on demand or when necessary.
- That the mortgagor hereby agrees to pay taxes and rent or other charges that are or may become payable according to law on the Scheduled Property and agrees to indemnify the mortgagee for any default of the Borrower in making such payments as well.
- That the mortgagee shall be at liberty to enforce the mortgage at any time if the Borrower fails to repay the Loan amount as per the Sanction Letter or any other agreement thereafter.
- That on repayment of the Loan and on payment of all interests and other charges due thereon the mortgagor shall be entitled to redeem the scheduled property at their own costs form mortgagee free form all encumbrances and any charges accruing on the mortgagee and on such redemption this mortgage shall be deemed to have been extinguished.
- That the mortgagor hereby also agrees and declares that the terms and conditions contained in the Sanction Letters including any amendment thereof or addition thereto, from time to time, shall be deemed and be taken to be part of these present.
- That it is also declared by the mortgagor that If the scheduled property is requisitioned and/or acquired at any time the entire compensation money thus awarded shall be drawn by the mortgagee and it shall be adjusted as its own dues and shall pay the balance, if any to the mortgagor. If there is any shortfall, the mortgagor shall adjust the same immediately on demand by the mortgagee.
- That in the event of any loss or damage by mortgagee due to any false statement, misrepresentation or concealment of facts regarding right, title, interest and possession of the mortgaged property, the mortgagor shall be bound to refund the mortgage value to the mortgagee upon immediate demand and the exercise of the right under this provision shall under no circumstances prejudice the mortgagee form taking any other recourse against the mortgagor for recovering the same.
SCHEDULE – I
Peace Palace, Being Flat No. 2B situated on 2nd floor of Peace Palace situated at House no. 44, West Agargaon, Dhaka – 1207, having an area of floor space measuring 1500 sft. All that piece and parcel of land situated under District- Dhaka, Police Station- Agargaon, Mouja – Agargaon, C.S Khatain No. 343, C.S Plot No. 455, S.A. Khatian No. 233, S.A Plot No. 456, R. S Khatian No. 1098, R.S Plot No. 654, measuring an area of 12 katthas of land.
Butted and bounded by:
On the North: Government Road
On the South: The Land of Shafia Rahman
On the East: Ditch
On the West: The land of Bangladesh Railway
IN WITNESS WHEREOF, THE PARTIES HERETO MUTUALLY AGREE TO SUBSCRIBE THEIR NAMES OF THE DAY, MONTH AND YEAR MENTIONED ABOVE.
SIGNATURE OF PARTIES
Jakir Hossain (Sign)
Md Jakir Hossain
— Borrower – Mortgagor
Wish Bank Limited
1. Md. Abdur Rouf
Son of Kashem and Rohima
Address: 44 east agargown, Dhaka – 1201
Md. Salim Raza(Sign)
2. Salim Raza
Son of Kashem and Moriom
Address: 45 east Sawrapara, Dhaka – 1206
3. Abdur Faruq
Son of Rahmna and Kadhja Bibi
Address: 48 east agargown, Dhaka – 1205
Discretion and/or correction advised