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Fillable Printable Simple Mortgage Deed

Fillable Printable Simple Mortgage Deed

Simple Mortgage Deed

Simple Mortgage Deed

SIMPLE MORTGAGE DEED
This deed of SIMPLE MORTGAGE executed at
on this the day of 2004 by
Son of Hindu , aged about years and residing at
herein after called the MORTGAGOR
To and In favour of
Thiru. Son of hindu aged about years and residing at
No.
herein referred to as the MORTGAGEE.
Whereas, the term Mortgagor and Mortgagee, unless repugnant to the context shall mean
and include their representatives heirs, successors, executors, administrators, trustees,
legal representatives and assigns.
Whereas, the Mortgagor herein, is the sole and absolute owner of immovable property
morefully described in the schedule hereunder written and herein after called the
scheduled property.
Whereas, the Mortgagor is the absolute owner, having acquired the property, by
and since then Mortgagor has been in possession and enjoyment of the schedule property
and paying taxes and levies thereon, as sole and absolute owner thereof.
Whereas Mortgagor being in need of money for the purpose of his family expenses and
the . Mortgagor requested the Mortgagee to lend him a sum of Rs. (Rupees. only)
which the Mortgagee has agreed to lend to the Mortgagor executing these presents with a
view to secure the repayment thereof with interest as herein after provided.
NOW THIS DEED WITNESSETH that pursuant to the said agreement and in
consideration of the sum of Rs. (Rupees. only) lent and
advanced by the Mortgagee to the
Mortgagor on the execution of these presents (receipt whereof the Mortgagor hereby
admit). He, the Mortgagor hereby covenants with the Mortgagee that he the Mortgagor
will pay to the Mortgagee the sum of Rs. (Rupees. only) on the day of
(herein after referred to as the 'due date') with interest thereon in the meanwhile and until
repayment of the said sum in full, at the rate of on the day of and each subsequent
installment on the day of each succeeding month until the said principle sum of Rs.
(Rupees only) repaid in full, and the Mortgagor further
covenants with the Mortgagee that in the event of the Mortgagor failing to pay any
installment of interest, he will be liable to interest on the said installment in default at the
same rate as aforesaid from the date of default until payment such installment as and by
way of compound interest. Without prejudice to the right of the Mortgagee to take any
action on default as herein under provided, and it is agreed and declared that in the event
of Mortgagor committing default in payment of any installment of interest or committing
breach of any other term of this deed, the whole amount of principal then due with
interest thereon will at the option of the Mortgagee become payable forthwith as if the
said date had expired.
And this deed further witnesseth that in consideration aforesaid, the Mortgagor hereby
mortgage his said scheduled property hereunder written as a security for repayment of the
said sum with interest and all other moneys due and payable hereunder with a condition
that on the Mortgagor repaying the said principal sum of Rs.
with all interest and other moneys due to the Mortgagee (hereinafter referred to as the
Mortgage amount) the Mortgagor will redeem the said scheduled property from the
mortgage security and shall if so required by the Mortgagor execute a deed of Release but
at the costs of the Mortgagor.
And it is further agreed and declared by the Mortgagor that in the event of the Mortgagor
failing to pay the said principal sum with all interest and other moneys when the same
shall become due and payable under these presents, the Mortgagee will become entitled
to have the said scheduled property sold through any competent court and to realise and
receive the said mortgage amount out of the net sale proceeds of the said scheduled
property.
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 realisation of the mortgage amount and
the same shall be deemed to form part of the mortgage amount and the security there for
as aforesaid.
And it is further agreed that during the pendency of the security hereby created and until
repayment of the mortgage amount, the Mortgagor will get insured and keep insured the
buildings and structures standing on the said land against loss and damages due to fire or
any other accident in the sum of at least Rs. With some Insurance Company of
repute and pay all premium n the insurance policy as and when it becomes due and
payable in respect thereof to such company and shall hand over the policy to the
Mortgagee duly endorsed in his 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 said
buildings and structures 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 amount.
And it is further agreed that in the event of the said scheduled property being destroyed or
damaged 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
as any part thereof as may be sufficient to pay the mortgage amount due and if any
surplus remains the same only will become payable to Mortgagor.
SCHEDULE
(Mortgaged under this deed)
IN WITNESS WHEREOF the Mortgagor has put his hand and signature on the day,
month and year first hereunder written in the presence of witnessess:
WITNESSES:
1.
2.
MORTGAGOR
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