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Mortgage Agreement Details

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128 views4 pages

Mortgage Agreement Details

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jayaram.g281
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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APPENDIX-102

MEMORANDUM OF DEPOSIT OF TITLE DEEDS

(May be taken for one or more property/s Regd. Equitable/additional Equitable mortgage)
[Stamp duty is payable as per local State stamp Act]
This memorandum is made and Executed on this the day of 20 by Yashodhar Shettigar
[PAN No: ACOPS5823M], Adhar No: [934298381542], Mobile No: [9845393929] aged
about 68 years S/o T K Shettigar, residing at 1-372, Korangrapady, Kukkikatte road,
Near Borewell stop, Udupi-574118 [Hereinafter called "The Mortgagor/s" which
expressions shall include his/her/their respective heirs, executors, administrators and
assigns of the one part] in favour of Canara Bank, a body corporate constituted under the
banking companies (Acquisition and Transfer of undertakings) Act, 1970, having its Head
Office at 112 JC Road, Bengaluru and among others an office at, Retail Asset Hub Branch Udupi,
represented by Mr. Umesha K R, Divisional Manager, [Adhar No: 385966479334], [Mobile No:
9900577500] aged bout 45 years, S/o G Rudrappa,(Herein after called the Bank).
1.(a) In consideration of the Bank making or continuing to make advance or otherwise giving credits of
offering other banking facilities [Education Loan] to Ms. Shreya Yashodhar D/o Yashodhar Shettigar and
Mr. Yashodhar Shettigar (Name of the Borrower) (Hereinafter referred to as the party), for as long as it
thinks fit, at their Retail Asset Hub Branch Udupi, office and/or at any of their other branches up to
Education loan limit of Rs. 8500000/- (Rupees Eighty Five lakhs only) exclusive of interest,
discount, Bank charges, Legal charges etc, I/We have on the
day of
deposited with Canara Bank Retail asset Hub Branch
of the Bank in the Udupi Town/City, the title deeds described in Schedule 'A' here below in
respect of the immovable property described in Schedule 'B' here below with intent to create a
mortgage/charge by deposit of title deeds as security for the due repayment to the bank of all or any of the
sums of money which then or hereafter were or shall at any time be owing to the Bank on account of
a sum obtained or to be obtained hereafter by me/us/the party in any of my or our or the party's
account be it current, overdraft, cash credit or loan whether from me/us solely or from the party
or from either or any of us jointly with another person or persons including the amounts of any
notice or bills discounted or paid on or at the request of either of us solely or jointly or any money or
advance made to or from the accommodation or at the request of either of us solely or jointly or any
moneys for which I or we or the party may be liable to the Bank or in any way whatsoever together in all
cases aforesaid with interest at the rate/s determined by the Bank from time to time in this behalf I/We
having waived expressly the right to receive notice of variation of such rate of interest, on all total
balances from the respective dates as per rules and regulations obtaining in the Bank from time to time in
this behalf such interest be debited to the account and credited to the principal in case of non-payment
on due dates and also together with any commission, discount and other charges including legal
charges occasioned by me/us or the party or incident to this or any other security held by or to the Bank
for the same indebtedness or by or to the enforcement of any such security.

2. I/We have agreed at the time of creation of mortgage by deposit of title deeds, that the security created
thereby shall be a continuing security and shall ensure notwithstanding that at any time thereon accounts are
brought to credit or the facility is reduced or enhanced and further shall ensure for any other or fresh
financial facilities that I/We or the party or any of us may be granted by the Bank at any of their offices in
India.

3. While creating the mortgage as mentioned hereinabove, I/We have agreed that the Bank is at liberty to
sue me/us on any of the mortgage by filling a single suit or by filing separate suits as it deems fir and
I/We have waived our right under Section 67-A of the Transfer of property Act, 1882.
4. While creating the mortgage as mentioned hereinabove, I/We have confirmed that I/We have
not created any tenancy on the scheduled property and further agreed that I/We will not create
any lease of the said mortgaged property during the currency of the mortgage/loan without
the prior written consent of the Mortgagee, as per Section 65A(3) of the Transfer of property
Act, 1882.

5. The Mortgagor/s undertakes/undertake that he/they shall not cut any timber grown now
standing or that may be raised on the schedule property or destroy or commit damage or any
act of waste and thereby diminish the value and utility of the security here in created in favour of the
Mortgage.
6. While creating the mortgage as mentioned hereinabove I/We have undertaken to collect back title deeds
on closure of all the credits facilities failing which the Bank will be at liberty to collect service
charged at the rate specified by the bank. I/We understand that on such failure on My/our part,
the said title deeds would remain with the Bank entirely at my/our risk and responsibility thereafter.
7. I/We further agree that in the event any of the items of the mortgaged properties either not
available for realization on any count including its release in favour of the owner mortgager such
event shall not bar the bank to sue on remaining items of the mortgaged properties or to enforce them
and shall also not be a bar to claim a personal decree against the mortgagers.

8. Notwithstanding the aforesaid, I/We hereby give specific consent to the Bank for
disclosing/submitting the Financial information as defined in Section 3(13) of the insolvency and
Bankruptcy Code, 2016 ('Code' for brief) read with relevant regulations/Rules framed under the Code,
as amended and in force from time to time and as specified there under from time to time, in respect of the
securities created by me/us for securing the credit/financial facilities availed by the borrower from the
bank, from time to time, to any 'Information Utility' ('IU' for brief) as defined under Section 3(21) of the
Code, in accordance with the relevant Regulations framed under the Code, and directions issued by the
RBI to the Banks from time to time and hereby specifically agree to promptly authenticate the financial
information submitted by the Bank, as and requested by the concerned 'IU'.

9. The propertied mentioned in Schedule here below are not subject to, but are free from prior
encumbrances, charged or any claims on any account whatsoever.

10. I/We shall not create any encumbrance or sell or otherwise any portion of the schedule property without
taking prior written consent of the Bank during the currency of the loan.

SCHEDULE "A"

List of Enclosures/Title Deeds Deposited with takrishna Reddy, Sri. H. M. Balakrishna Reddy, both sons of Sri.
H.R. Muthappa in favour of Sri. A. Bhaskar S/o Annayyappa, in respect of Sy. No.50/1, measuring 5 acres,
situated at Yelenahalli Village, Begur Hobli, Bengaluru South Taluk, registered as Document No.2406/72-73, Book
No. I, in the office of the Sub-Registrar, Bangalore South Taluk.

Deed executed by Smt. Gowramma W/o Sri. H.R. Xerox Muthappa, Sri. H.M. Ramakrishna Reddy, Sri. H.M.
Balakrishna Reddy, both sons of Sri. H.R. Muthappa in favour of Sri. R.C. Subramanyam S/o R.C.
Muniyappa, in respect of Sy. No.50/1, measuring 5 acres, situated at Yelenahalli Village, Begur Hobli,
Bengaluru South Taluk, registered as Document No.2407/72-73, Book No. I, in the office of the Sub-Registrar,
Bangalore

e Deed executed by Smt. Gowramma W/o Sri. H.R. Xerox Muthappa, Sri. H.M. Ramakrishna Reddy, Sri. H.M.
Balakrishna Reddy, both sons of Sri. H.R. Muthappa in favour of Smt S. Yashodhara W/o Sri. R.C. Subramanyam, in
respect of Sy. No.50/1, measuring 2 acres 16 Guntas, situated at Yelenahalli Village, Begur Hobli, Bengaluru
South Taluk, registered as Document No.2408/72-73, Book No. I, in the office of the Sub- Registrar, Bangalore
South Taluk.

ation Register Extract MR No.2/73-74, issued by Xerox the Village Accountant, Begur Panchayth.
Mutation Register Extract MR No.3/73-74, issued by Xerox the
Village Accountant, Begur Panchayth.

Mutation Register Extract MR No.4/73-74, issued by Xerox the


Village Accountant, Begur Panchayth.

Extracts issued by Village Accountant, Begur Xerox Panchayth, in respect of land bearing Sy. No.50/1 of
Yelenahalli Village, Beguru Hobli, Bengaluru South Taluk for the year 1993-94 and
1994-95, totally measures 22 Ares 16 Guntas.

Official Memorandum bearing No. B. Dis. ALN Xerox


SR(S)153/1995-96, issued by the Deputy Commissioner,
Bengaluru District, in favour of Smt. S. Yashodha, granting
conversion of land bearing Sy. No.50/1 of Yelenahalli Village,
Beguru Hobli, Bengaluru South Taluk, measuring 1 Acres 38
Guntas from Agricultural to Non-Agricultural residential purposes.

Official Memorandum bearing No. B. Dis. ALN Xerox


SR(S)154/1995-96, issued by the Deputy Commissioner,
Bengaluru District, in favour of Sri. R.C. Subramanyam,
granting conversion of land bearing Sy. No.50/1 of Yelenahalli
Village, Beguru Hobli, Bengaluru South Taluk measuring 4 Acres
12 Guntas from Agricultural to Non-Agricultural
residential
purposes.

Official Memorandum bearing No. B. Dis. ALN Xerox


SR(S)155/1995-96, issued by the Deputy Commissioner,
Bengaluru District, in favour of Sri. A. Bhaskar, granting
conversion of land bearing Sy. No.50/1 of Yelenahalli
Village, Beguru Hobli, Bengaluru South Taluk measuring 4
Acres from Agricultural to Non-Agricultural residential
purposes.

Layout Plan of sites formed in Sy. No.50/1 of Xerox Yelenahalli Village, Beguru Hobli, Bengaluru
South Taluk, totally measuring 10 Acres 10 Guntas, duly approved by Chairman, Begur Panchayath. General
Power of Attorney executed by Sri. R.C. Xerox Subramanyam S/o R.C. Muniyappa in favour of Smt. Jayanthi N. Rao,
Managing Partner M/s. Prajnan Developers, in respect of Sy. No.50/1 of Yelenahalli Village, Beguru Hobli,
Bengaluru South Taluk, measuring 5 Acres, registered as Document No.2348/96-97, in Book No.IV, Volume 223, at
pages 22-24, in the office of the Sub-Registrar, Bengaluru South Taluk.
General Power of Attorney executed by Smt. Yashodha Xerox W/o
Sri. R.C. Subramanyam in favour of Smt. Jayanthi N. Rao, Managing
Partner M/s. Prajnan Developers, in respect of Sy. No.50/1 of
Yelenahalli Village, Beguru Hobli, Bengaluru South Taluk measuring
2 Acres 17 Guntas, registered as Document No.2349/96-97 I Book No.
IV, Volume 223, at pages 25-27, in the office of the Sub-Registrar,
Bengaluru South Taluk.
General Power of Attorney executed by Sri. A Bhaskar Xerox S/o Sri. A. Annayappa, in
favour of Smt. Jayanthi N. Rao, Managing Partner M/s. Prajnan Developers, in respect of Sy.
No.50/1 of Yelenahalli Village, Beguru Hobli, Bengaluru South Taluk measuring 5 Acres
registered as Document No.2836/96-97 I Book-IV, Volume 230, at pages 86-88, in the office of
the Sub- Registrar, Bengaluru South Taluk.
Sale Deed executed by (1) Sri. R.C. Subramanyam S/o Original R.C. Muniyappa, (2) Smt. Yashodha W/o Sri. R.C. Subramanyam and (3)
Sri. A Bhaskar S/o Sri. G. Annayappa, represented by their GPA Holder Smt. Jayanthi N. Rao, W/o Sri. B. Narayana Rao, Managing
Partner, M/s. Prajnan Developers in favour of Sri. B. JAYARAMAN S/o late K.B. Narasimham and Smt. J. Brinda W/o Sri. B. Jayaraman, in respect
of immovable property bearing Plot No.95, Khatha No.219, in the layout formed in the converted land bearing Sy. No.50/1 situated at
Yelenahalli Village, Beguru Hobli, Bengaluru South Taluk measuring Eat to West 40 feet and North to South 60 feet, registered as
Document No.4477/96-97, Book-I, CD No. 14, in the office of the Sub-Registrar, Bengaluru South Taluk.
Sale Deed executed by Sri. B. Jayaraman S/o late
K.B. Original Narasimham and Smt. J. Brinda W/o Sri.
B. Jayaraman in favour of Sri. YASHODHAR SHETTIGAR S/o
late T.K. Shettigar, in respect of immovable property
bearing Plot No.95, Khatha No.219, in the layout formed in
the converted land bearing Sy. No.50/1 situated at
Yelenahalli Village, Beguru Hobli, Bengaluru South
Taluk measuring Eat to West 40 feet and North to South 60
feet, registered as Document No.10952/03-04, Book-I, in CD No.116,
in the office of the Sub-Registrar, Bengaluru South Taluk.
Form No.9 - House/Land Tax Assessment List for the Original
year 2003-04, issued by the Begur Gram Panchayath.
Form No.10 -Tax Demand Register Extract for the year Original 2003-
04, issued by the Begur Gram Panchayath Improvement Charges
Paid Receipt, issued by BBMP in Original favour of Sri.
Yashodhara ttigar. Khatha Certificate and Khatha Extract issued by the
Original BBMP in favour of Sri. Yashodhara Shettigar S/o late T.K.
Shettigar.
Property Tax Paid Receipt issued by BBMP in favour of Original Sri. Yashodhara Shettigar for the
year 2023-24. Khatha Certificate and Khatha Extract issued by the Original BBMP in favour of Sri.
Yashodhara Shettigar S/o late T.K. Shettigar. Encumbrance Certificate for the period from 5.7.1972
to Xerox 11.9.1995 in respect of Sy.No.50/1 of Yelenahalli Village, Begur Hobli, Bengaluru South
Taluk, measuring 5 Acres Encumbrance Certificate for the period from 5.7.1972 to Xerox 11.9.1995 in
respect of Sy.No.50/1 of Yelenahalli Village, Begur Hobli, Bengaluru South Taluk, measuring 5
Acres ncumbrance Certificate for the period from 5.7.1972 to Xerox 11.9.1995 in respect of
Sy.No.50/1 of Yelenahalli Village, Begur Hobli, Bengaluru South Taluk, measuring 2 Acres 16 Guntas.
respect of Sy.No.50/1 of Yelenahalli Village, Begur Hobli, Bengaluru South
Taluk, measuring 5 Acres. Encumbrance Certificate for the period from 11.9.1995 Xerox
to 14.3.1996 in respect of Sy.No.50/1 of Yelenahalli Village, Begur Hobli, Bengaluru
South Taluk, measuring 2 Acres 16 Guntas. Encumbrance Certificate for the period from 11.9.1995
Xerox to 14.3.1996 in respect of Sy.No.50/1 of Yelenahalli Village, Begur Hobli, Bengaluru South
Taluk, measuring 5 Acres Encumbrance Certificate for the period from 1.4.1995 to Original 26.8.2003
in respect of Plot No.95, Khatha No.219 in converted Sy.No.50/1 of Yelenahalli Village, Begur Hobli,
Bengaluru South Taluk, measuring 40 x 60 feet. Encumbrance Certificate for the period from
1.4.2000 to Original 31.03.2004 in respect of Plot No.95, Khatha No.219 in converted Sy.No.50/1 of
Yelenahalli Village, Begur Hobli, Bengaluru South Taluk, measuring 40 x 60 feet.
Encumbrance Certificate for the period from 1.4.2004 to Original 21.05.2023 in respect of Plot
No.95, Khatha No.219 in converted Sy.No.50/1 of Yelenahalli Village, Begur Hobli, Bengaluru South
Taluk, measuring 40 x 60 feet.
SCHEDULE-"B"
DESCRIPTION OF THE PROPERTY:
Item No.
Survey No. Extent of Area/s (in acres/hectares)
Boundaries
All that piece and parcel of property bearing Plot/Site No.95, Khatha No.219, formed in the converted land bearing Sy. No.50/1 of Yelenahalli Village,
Katha No.675/219/95, Yelenahalli, Begur, Ward
Begur Hobli, Bangalore South Taluk, present BBMP Khatha

No.192, Begur Ward, Bengaluru and measuring East to West 40 feet and North to South 60
feet, totally measuring 2400 square feet and bounded on the:
East by
Property No.94
West by
:

Property No.96
North by
South by
:

Property No.42
Road.
In witness where of I/We have signed this Deed on the day, month and year first above written. Any reference to Singular includes
plural if executed by more than one person or a body and male gender includes female
fender.
Note: The aforesaid loan is advanced for the purpose of Education. As per the order of Karnataka Government, Bangalore under Ref:
R.D 40//MUNOMU/2010 dated 01.04.2010, the Education loan is exempted from may fmp duty and Registration fee.

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