AGREEMENT TO MORTGAGE

This Agreement to Mortgage made and executed at Pune on this

day of __________ 2007 .
BETWEEN
______________________________
Age :- _____ years, Occupation : ___________,
Residing at :_____________________
_______________________________.
Hereinafter referred to as THE MORTAGAGOR
(which expression shall unless it be repugnant to the context or
meaning thereof be deemed to mean and include her legal heirs ,
executors, nominees, administrators , successors and assigns etc. )
THE PARTY OF THE FIRST PART
AND
Shri ___________________________
Age :- _______ years , Occupation :____________,
Residing at________________________________
_________________________________________.
Hereinafter referred to as THE MORTGAGEE
((which expression shall unless it be repugnant to the context or
meaning thereof be deemed to mean and include his legal heirs ,
executors, nominees, administrators , successors and assigns etc. )
THE PARTY OF THE SECOND PART
WHEREAS
The
property situated at survey No
_________________ in _________________ Co-operative Housing
Society Ltd., ___________________, Pune _______ admeasuring about
____________sq .fts. more particularly described in the schedule written
here under (Hereinafter referred to as THE SAID PROPERTY) .
AND WHEREAS The said property is developed and constructed
by M/s________________ a proprietor ship concern by its
proprietor/partnership Shri__________________, having registered office
at :_________________________________, Pune 4110 .
AND WHEREAS After the construction and development of entire
project by M/s_____________________ sold/allotted several residential
flats to different purchasers /allot tees.
AND WHEREAS The number of residential flats to be sold/allotted
required to be sold /allotted and the said flats were/are in the custody
/possession of _____________________.
.

AND WHEREAS The property has now been owned and possessed
by the said Mortgagor alone .
AND WHEREAS For the purpose of carrying out the business of
construction the Mortgagor is in need of the funds for a short time .
AND WHEREAS The Mortgagor and the Mortgagee are well
acquainted with each other and therefore the Mortgagor requested to the
Mortgagee to pay her a sum of Rs _____________/- for a period of
________________ months.
AND WHEREAS The parties hereto had due deliberations and
discussion, and the mortgagor has agreed to Mortgage the said property in
favour of the Mortgagee as a Collateral security .
AND WHEREAS The parties hereto have arrived at an
understanding which they have decided to reduce in writing these
presents .
NOW THIS DEED WITNESSES and it is hereby agreed by and
between the parties as under :1.

That the Mortagee is ready to pay unto the Mortgagor an amount

of Rs _______________/- ( Rupees ____________Lakhs only )
as a debt , and for the purpose of securing repayment of this debt,
the Mortgage of the said property will have to be executed in
favour of the Mortgagee.

2.

That the Mortgagor hereby agrees to repay the said amount of

debt within a period of ________________months from the
execution of this presents.

3.

That the Mortgagor assures to repay unto the Mortgagee the said
amount of Rs ______________/- along with the interest at the
rate of ________% per annum .

4.

That the Mortgagor assures unto the Mortgagee that the said
property is absolutely belongs to her , and no one else has any
right , title or interest in the said property . The Mortgagor
hereby assures unto the Mortgagee that the said property is free
from all or any encumbrances whatsoever nature.

5.

That the Mortgagor hereby assures the Mortgagee that he will not
deal with the said property in any manner so as to prejudicially
affect the rights of the Mortgagee.

6.

That the amount along with interest is not repaid within the
stipulated period of _______________months in that event it is
agreed by and between both the parties that the period shall be

extended for further __________months with interest thereon at

the rate of ________ % per annum.
7.

That in the event , if the Mortgagor fails to repay the aforesaid

amount of debt along with interest even after the renewal
period, then the Mortgagee shall be entitled to claim for closure
of the Mortgage, and all the default of the Mortgagor. The
Mortgagee shall be entitled to enforce all such remedies available
against the Mortgagor as are available to the Mortgagee under
Simple Mortgage.

8.

That all the expenses towards stamp charges , Advocate fees and
other incidental expenses thereto all agreed to be borne by the
Mortgagor alone.
SCHEDULE
The property
situated
at survey
___________________in
_____________ co -operative Housing Society Ltd, , Flat NO
_____, , Pune ____ admeasuring about ______ sq fts,. on ______
floor, and the said property is bounded as under on or towards :
EAST :
WEST:
NORTH:
SOUTH:
IN WITNESS WHEREOF BOTH THE PARTIES HERETO HAVE
SIGNED THIS DEED ON THE DAY AND DATE FIRST
MENTIONED HEREIN ABOVE AT OUNE IN THE PRESENCE
OF TWO WITNESSES.
WITNESS :
1. Signature :
Name :
Address :

MORTGAGOR

2.Signature :
Name :
Address:

MORTGAGEE