SM-1
DEED OF SIMPLE MORTGAGE TO SECURE ALL THE CREDIT FACILITIES
(BY BORROWER)
(To be stamped as Mortgage without possession)
This Deed of Mortgage is executed at NANDED on this 29th day of APRIL 2025
By
1. Mrs.Surekha Hanmantrao Dhuppe, Adult, occupation Service residing at
Gopalkrushna Nagar, Near Chhatrapati Chowk, Taroda Bk, Nanded, Taroda Bk,
Nanded, Nanded, Maharashtra, 431605
(hereinafter referred to as the Mortgagor, which expression shall include wherever
the context so admits one or more Mortgagors, and his/her /their/ its respective heirs,
executors, administrators, successors and assigns)
in favour of
BANK OF MAHARASHTRA, a Body Corporate, constituted under the Banking
Companies (Acquisition and Transfer of Undertakings) Act 1970) and having its Head
Office at 'LOKMANGAL' 1501, Shivajinagar, Pune 411 005 and a Branch office
amongst other places at SARAFA HOLI BRANCH, NANDED, NANDED (hereinafter
called "Mortgagee" which expression shall, unless it be repugnant to the subject or
context thereof, include its successors and assigns)
Whereas at the request of the Mortgagor, the Mortgagee has granted/ agreed to grant
facilities/limits or to continue the existing limit/s, aggregating to Rs.20,00,000 /- and has
accordingly sanctioned the facilities to the Mortgagor more particularly described in the
First Schedule hereunder written on the terms and conditions mentioned in the letter of
sanction No: R-1228-25-392846 dated 29/04/2025 as well as in the Facility Agreement
dated 29/04/2025 (hereinafter referred to as "Facility Agreement")
Page 1 of 11
AND WHEREAS one of the terms of the said Sanction Letter is that the Mortgagor shall
repay the said facilities as specified in the Second Schedule hereunder written and to
secure the repayment of said facilities, by mortgaging Mortgagor's immovable
properties more particularly described in the Third Schedule and the fixed plant and
machinery as described in the Fourth Schedule hereunder written in favour of the
Mortgagee, and accordingly the Mortgagor is executing these presents in the manner
hereinafter appearing.
NOW THIS DEED WITNESSETH AND IT IS HEREBY AGREED AND DECLARED AS
FOLLOWS:
1. CONSIDERATION:
In consideration of the Mortgagee having sanctioned/ agreed to sanction/ continued
the existing limit/s as mentioned in the First Schedule hereunder written aggregating
to Rs.20,00,000/- (Rupees Twenty Lakh only ) to the Mortgagor, the Mortgagor doth
/do hereby covenant to repay to the Mortgagee on demand all the monies due under
or in respect of the said facilities as per the Facility Agreement dated 29/04/2025 and
repay all the amounts of loans as per the repayment programme specified in the
Second Schedule hereunder written or as may be modified from time to time together
with agreed interest, additional interest, penal interest, commission, costs, charges
and expenses.
2. PAYMENT OF INTEREST:
The Mortgagor agrees with the Mortgagee that so long as the said Facilities or any
portion thereof will remain outstanding or unpaid, the Mortgagor will pay to the
Mortgagee interest on the outstanding amount/s at such rate and rests and periodicity
as mentioned in the sanction letter and as mentioned in the Facility Agreement and in
the First Schedule herein under and commission, costs, charges, expenses, Goods
and Services Tax (GST) or any other Taxes penal interest etc.
3. CREATION OF CHARGE BY WAY OF MORTGAGE:
3.1 In consideration of the aforesaid premises and in consideration of the Mortgagee
Page 2 of 11
3.1 In consideration of the aforesaid premises and in consideration of the Mortgagee
having granted/continued the credit facilities to the Mortgagor as mentioned in the
First Schedule hereunto for the purpose and subject to the terms and conditions
agreed by the Mortgagor, the Mortgagor do/doth and each of them doth hereby
convey, transfer, charge, and mortgage his/their respective right, title and interest in,
to and upon his/her/their/its said property i.e. land/leasehold interest/Rights and
interest in the building/Farm House//shed and the buildings, structures that may be
hereafter created and the compounds, yard, areas, ways,passages, sewers, drains,
trees, plants, wells, water, lights, liberties, privileges, easements advantages and
appurtenances whatsoever to the said land,hereditaments and premises or any part
thereof standing thereon hereinafter referred to as the said property as more
particularly described in the Third Schedule hereunder written and all the fixed plant
and machinery as specified in the Fourth Schedule (all properties hereby mortgaged
hereinafter for brevity's sake referred to as 'The Mortgaged properties') UNTO and
in favour of the Mortgagee to secure repayment of the said credit facilities
mentioned in the First Schedule and all the interests, costs, charges and expenses
and other sums hereby secured and to be paid by the Mortgagor to the Mortgagee.
3.2 The Mortgagor hereby declares that he/she/they/it has/have delivered the
original title deeds of their respective properties to the Mortgagee and that the
Mortgagee shall be entitled to hold the said title deeds until all the monies due under
the said facilities granted to the Borrower together with interest, costs, charges,
expenses, commission and/or any other amount due from theMortgagor in any
capacity whether singly or jointly owed to the Mortgagee are repaid in full.
4. MARGIN:
The Mortgagor agrees to maintain minimum margin of 10% in favour of the Mortgagee
between the amounts outstanding under the credit facilities and the market value or
book value or realisable value whichever is lower of the Mortgaged property hereby
Mortgaged, as stipulated in the sanction letter. The Mortgagee shall be entitled to
change the percentage of margin as and when the Mortgagee deems necessary in its
sole discretion.
5. NO ENCUMBRANCE AND CHARGE:
5.1 The Mortgagor covenant/s that the Mortgagor has/have full right, power and
Page 3 of 11
5.1 The Mortgagor covenant/s that the Mortgagor has/have full right, power and
authority to mortgage the Mortgaged Properties details of which are set out in Third
Schedule and Fourth Schedule hereunder written and that the Mortgaged Properties
are the absolute and unencumbered property of the Mortgagor as owner/s save and
except which are disclosed to the Mortgagee and no Person(s) other than the
Mortgagor has/have any right, claim, or demand thereto or any part thereof.
5.2 The Mortgagor hereby agree and undertake/s that the Mortgagor shall not
alienate, sell, lease, part with possession and/or encumber or transfer or assign or
create any Encumbrance over the Mortgaged Properties in any manner whatsoever
nor shall it do or allow to be done any act, deed or thing which has a similar effect,
without prior written consent of the Mortgagee.
6. COVENANTS:
The Mortgagor hereby declares covenants, engages and agrees with the Mortgagee
as follows:
6.1 That the Mortgagor will maintain and keep the Mortgaged properties in a good
tenantable state of repairs and condition.
6.2 The Mortgagor will duly and punctually pay, perform and observe all rents, rates,
taxes, assessments, outgoing, covenants and obligations which are to be paid,
observed or performed by the Mortgagor in respect of the Mortgaged properties or
otherwise howsoever and shall pay other taxes and dues such as Goods and
Services Tax (GST), Income Tax, , etc. and keep the said property free from
attachment.
6.3 That the Mortgagor will permit the Mortgagee or any person authorised by it at
any time and from time to time during the hours of business to inspect and examine
any part of the Mortgaged properties and render them such assistance as may be
required for any of the purposes aforesaid and will furnish to the Mortgagee or to
such person or persons as it shall from time to time appoint for that purpose all such
information relating to the affairs of the Mortgagor or the mortgaged property or any
other part thereof as the Mortgagor shall require.
6.4 The Mortgagor undertakes to abide by and fully comply with all other terms,
Page 4 of 11
6.4 The Mortgagor undertakes to abide by and fully comply with all other terms,
conditions, provisions and stipulations contained in the Facility Agreement. The
terms and conditions of the Facility Agreement shall be applicable mutatis mutandis
to this deed also.
6.5 The Mortgagor further agrees that in case the said facilities are eligible for cover
under any Guarantee or Refinance or such other Scheme, the Mortgagor shall bear
the guarantee fee / charges paid/to be paid in connection with the said Facilities and
it is agreed that the said guarantee fee/charges shall be debited to the Mortgagors
Account and shall be treated as part of the said Facility and shall carry like interest
and be secured in the same manner as the said facility.
7. CONTINUING SECURITY:
The security created by or pursuant to this Deed will be a continuing security and
shall not merge or otherwise prejudice, affect or exclude and shall be in addition to
and without prejudice to any other security, guarantee, liens, indemnities or other right
or remedy that the Mortgagee may now or in the future hold for recovery of the
amounts due under the Facilities and other amounts secured by this Deed and shall
remain in full force and effect notwithstanding any intermediate payment or settlement
of account or the Facility is intermittently fully paid or brought in credit or any
amendments to or variation in the terms and provisions of the Facility Agreement and
/or transfer or assignment of the Facility or any rights or obligations thereunder by the
Mortgagee.
8. INSURANCE:
8.1 The Mortgaged Properties shall, at all times during the continuance of this
facilities and so long as any money shall remain due and owing under the said
facilities, be maintained in good and working condition and insured and kept insured
by and at the expenses of the Mortgagor against loss or damage by fire,flood, theft,
burglary and such other risks as may be from time to time be required by the
Mortgagee or be required by law to the full extent of the value thereof, inan
insurance office or offices, of repute approved by the Mortgagee in the name of the
Mortgagor and/or in the joint names of the Mortgagee and the Mortgagor and assign
Page 5 of 11
Mortgagor and/or in the joint names of the Mortgagee and the Mortgagor and assign
the policies to the Mortgagee and in either case the policies shall be handed over to
the Mortgagee.
8.2 If the Mortgagor shall make the default in effecting such insurance as aforesaid
or renewing any policy or in respect of payment of such premium or in keeping the
Mortgaged Properties so insured or in delivering to the Mortgagee the policies or
receipts for the premium it shall be lawful for BUT NOT OBLIGATORY ON the
Mortgagee at its option to effect such insurance or to renew or to pay such premium
and to keep the Mortgaged Properties insured and to debit the expenses incurred by
the Mortgagee for that purpose to the Mortgagor's account and the same shall be
treated as an advance secured by these presents.
8.3 Even though the Mortgagee may have on earlier occasions exercised the option
to take out or renew the policy the same shall not cast any obligation on the
Mortgagee to do so on any subsequent occasions and this shall be the sole and
primary responsibility of the Mortgagor. In case the Mortgagor suffer/s any loss due
to non-renewal of policy/non-payment of premia or due to any other reason for which
the claim may be rejected by the Insurance Company, the Mortgagee shall not be in
any way liable for the same.
9. EVENTS OF DEFAULT:
The occurrence of any one or more of the Events of Default mentioned below shall be
treated as the Event of default (each an "Event of Default") under this deed.
9.1 The occurrence of any one or more of the Events of Default and/ or Potential
Event of Default, if any, as specified in the Facility Agreement or
9.2 The Mortgagors allow the Mortgaged properties to be lost/destroyed or allowed
or found to be used for any unlawful activities or
9.3 If the mortgaged property is charged by the Mortgagors to any third party without
prior written consent of the Mortgagee.
10. ENFORCEMENT OF RIGHTS & SECURITIES:
Page 6 of 11
10. ENFORCEMENT OF RIGHTS & SECURITIES:
If any one or more Events of Default occurs / happens, as above , then without further
notice to the Mortgagor and without prejudice to its rights and remedies under law, the
Mortgagee may:
10.1 Terminate the Facilities and demand the entire amounts due, under this deed,
from the Mortgagor.
10.2 The Mortgagee shall be entitled and the Mortgagor hereby irrevocably and
unconditionally authorize/s the Mortgagee (but not so to make it imperative upon the
Mortgagee to do so) to seize, possess, sell and dispose of the Mortgaged Properties
or any part of the same, with or without intervention of court, after giving the
reasonable notice to the Mortgagor, by itself or through any other person authorized
by the Mortgagee or by appointing Receiver, by public auction or by private contract
with such persons and at such time as the Mortgagee may in absolute discretion
deem fit and to apply the net proceeds of such sale in satisfaction so far as the same
will extend towards liquidation of the Facility and /or the outstanding and in case of
shortfall, to adopt such legal proceedings as the Mortgagee may deem fit. Further it
shall be lawful, for the Mortgagee or any of the Agent, representative, or Receiver
appointed by Mortgagee, forthwith or any time thereafter and without any notice, to
enter into or upon any place or premises where or wherein any of the Mortgaged
assets may be or are situated or kept or stored and for the purpose of such entry to
do all acts, deeds or things as are deemed necessary by the Mortgagee.
10.3 Apply the net proceeds of such sale/assignment towards repayment of the
amounts due and outstanding.
10.4 The Mortgagor agree/s and undertakes not to raise any dispute as to the value
at which the Mortgaged Properties or any part thereof are sold or transferred by the
Mortgagee and the decision of the Mortgagee in that behalf, shall be final and
binding on the Mortgagor, in all respects and to all intents.
10.5 Mortgagee shall be entitled to enforce, realize, settle compromise and deal with
any rights aforesaid without being bound to exercise any of such powers or being
liable for any losses in the exercise thereof.
10.6 The Mortgagee shall be entitled to engage the services of any Recovery Agent
/Agency and seek help of any personnel for recovery. The Mortgagor confirm/s that
the Mortgagee or any Agent/Representative that the Mortgagee appoints will not be
Page 7 of 11
the Mortgagee or any Agent/Representative that the Mortgagee appoints will not be
liable for any loss or damages the Mortgagor may suffer if the Mortgagee or such
Agent/Representative exercises any of its rights and powers under law or this Deed.
10.7 The Mortgagor confirm/s that the Mortgagee or any Agent/Representative or
Receiver that the Mortgagee appoints will not be liable for any loss or damage the
Mortgagor may suffer if the Mortgagee or such Agent/Representative or Receiver
exercises any of its rights and powers under law or this Deed.
10.8 The Mortgagor shall pay the shortfall or deficiency, if the net sum realized by
such sale/assignment is insufficient to pay the dues secured by this Deed. The
Mortgagee shall not be in any way responsible or liable for any loss or damage that
may be suffered by the Mortgagor by reason of theMortgagee exercising or not
exercising its rights under this Deed.
10.9 If the net sum realised by such sale be insufficient to satisfy the balance then
due to the Mortgagee, the Mortgagee shall be at liberty to sue the Mortgagor for the
balance thereof. Nothing herein contained shall be deemed to negate, qualify or
otherwise prejudice the right of the Mortgagee to recover from the Mortgagor the
entire amount due under any of the facilities notwithstanding that all or any of the
said Mortgaged properties have not been realised.
10.10 If any surplus remains with the Mortgagee after payment of the dues secured
by this Deed, then it will apply it in payment or liquidation of any other moneys due
from the Mortgagor to the Mortgagee, whether solely or jointly with any other person.
MISCELLANEOUS PROVISIONS:
11. If the Mortgagee shall take possession of the Mortgaged assets the Mortgagee
shall not be responsible, notwithstanding anything to the contrary containing in Section
76 of the Transfer of Properties Act or Section 151 of the Indian Contract Act, for any
loss or deterioration of, or damage to the Mortgaged properties whether by theft, fire,
rain, flood, earthquake, lightning, accident or any other cause whatever.
12. Section 67A of the Transfer of Property Act, 1882 shall not apply to these presents
and the Mortgagee notwithstanding that it may hold two or more mortgages executed
by the Mortgagors including these presents in respec of which, it may have the right to
obtain the same kind of a decree u/s 67 of the said Transfer of Property Act, shall be
entitled to sue and obtain such decree separately in respect of each of such
mortgages without being bound to sue on all such mortgages in respect of which the
Page 8 of 11
mortgages without being bound to sue on all such mortgages in respect of which the
mortgage moneys shall have become due to Mortgagee.
13. The Mortgagors hereby gives his consent for the recovery of loans as and when
Mortgagee decides to recover the dues as a public demand / money in terms of any
legislation relating to recoveries thereof, where such consent is necessary under such
legislation, and to bear and pay all costs charges, expenses and commission.
14. STAMP DUTY: Any stamp duty, penalty, registration charges, or deficit therein, if
any, payable on this document shall be borne and paid by the Mortgager/s and not by
the Bank. In case of shortfall of the Stamp Duty, the Bank have the right to recover the
said duty from the Mortgager/s and for that Bank have all the right to take appropriate
legal remedies.
THE FIRST SCHEDULE ABOVE REFERRED TO
(Details of the Facilities granted/to be granted to Mortgagor)
Name of Facility : Housing Loan Scheme
Amount/Limit: Rs. 20,00,000 /- (Rupees Twenty Lakh only)
Rate of Interest: Floating rate of interest, -0.55% p.a. above RLLR (Currently 8.25% p.a.
) with Monthly rests (RLLR + -0.55% p.a.)
THE SECOND SCHEDULE ABOVE REFERRED TO
All Credit Facilities except Term Loan to be repaid on demand
Rate of Interest: Floating rate of interest, -0.55% p.a. above RLLR (Currently 8.25% p.a.
) with Monthly rests (RLLR + -0.55% p.a.)
Moratorium Period (if any):NIL
Installment commencing from: 25/05/2025
Instalment No. Amount (Rs.) Due Date RoI %
240 Rs. 17,050 /- 25 th day of every -0.55 above RLLR
month
Page 9 of 11
THIRD SCHEDULE ABOVE REFEREED TO
[Description of the property to be filled in as per Title Deeds)]
Located at :NARHAR NAGAR
Mortgaged by: Mortgaged by Borrower Mortgagers:Mrs.Surekha Hanmantrao Dhuppe
A residential Flat/Apartment No. 402 consisting of 3 rooms, admeasuring 668 Square
Feet [carpet] i.e. 668 Square Feet [built up] On the 4 floor, along with Terrace* adm.
Square Feet And Parking* adm. Square Feet of the Building VISAWA RESIDENCY
APARTMENT in the VISAWA RESIDENCY APARTMENT Project, /Society constructed
/to be constructed/under construction on all the piece and parcel of land admeasuring
668 Square Feet and bearing Plot No.16 SOUTHERN PART S.No./Gat No./CTS No. 17
/D at NARHAR NAGAR , MOUJE WADI BK, Nearest Landmark WADI BK, Area
/Village Wadi BK, tal. NANDED, Dist. Nanded State MAHARASHTRA, Pin Code
431605 and within the jurisdiction of the Sub Registrar NANDED And bounded as
under:
On or towards the North :VISAWA RESIDENCY- B OVER PART OF PLOT NO 16
On or towards the East :MARGINAL OPEN SPACE & THE ROAD
On or towards the West :STAIRCASE, DUCT & FLAT NO 403
On or towards the South :ROAD
and having Sale Deed No ________________________ dated ____________ with
Registrar ________________________ being the Registration details dated
____________.
(*wherever flat is with Terrace and/or Parking)
THE FOURTH SCHEDULE ABOVE REFERRED TO
(Description of fixed Plants and Machineries, equipments, implements Furniture
& fixtures and Installations)
Page 10 of 11
IN WITNESS WHEREOF THE MORTGAGOR HERETO HAVE EXECUTED THESE
PRESENTS AS MENETIONED HEREINBELOW
SIGNED AND DELIVERED BY WITHIN NAMED BORROWER MORTGAGOR
Mrs.Surekha Hanmantrao Dhuppe
IN THE PRESENCE OF
Witness 1:
Address of Witness 1.
Witness 2:
Address of Witness 2.
[Names and addresses of the witnesses]
Signed on behalf of
BANK OF MAHARASHTRA
Authorized Signatory
SANTOSH KUMAR BILLA
Branch Manager
Mortgagee herein
Page 11 of 11
