Second Mortgage
This Mortgage made at
..................... the ........... day of ....................., 2000,
between A, son of ..................................... resident of
................ hereinafter referred to as the Mortgagor, of the ONE PART and
B, son of ..................... resident of .................... hereinafter
referred to as the Mortgagee of the SECOND PART.
Whereas by a Deed of
Mortgage dated the ..................... between A of the ONE PART and C of the
OTHER PART and registered with the Sub- Registrar of ........... under No.
..................... of ..................... 19 ....... on
..................... day of ..................... 19 ..... the said A, as
owner of the property described in the Schedule hereto, mortgaged the same to
Shri C for Rs. ..................... with interest at the rate of ......... %
p.a. subject to the redemption of the premises upon payment by the said A, his
heirs, executors, administrators or assigns unto the said C, his heirs,
executors, administrators or assigns, of the sum of Rs. .....................
with interest at the rate of ........... % p.a. on the .....................
day of ..................... 19 .......
And Whereas the said
A, the Mortgagor could not pay the mortgage money and interest due and payable
thereon to the mortgagee.
And Whereas the said
A, the Mortgagor has requested the Mortgagee to lend a sum of Rs.
..................... subject to the first mortgage hereinbefore mentioned.
And Whereas the said
Mortgagee has agreed to lend to the said Mortgagor a sum of Rs.
................. at interest of .......... % per annum and having the
repayment thereof secured to him by second mortgage.
NOW THIS INDENTURE
WITNESSETH THAT in pursuance of the said agreement and in consideration of the
said sum of Rs. ..................... lent and advanced by the Mortgagee to the
Mortgagor on the execution of these presents (receipt whereof doth hereby
admit), the said Mortgagor doth hereby grant unto the said Mortgagee, his
heirs, administrators, executors and assigns all that piece or parcel of land
bearing Plot No. .......... situated at,.......................................
within the Registration District and Sub-District of ..................... and
more particularly described in the Schedule hereunder written hereinafter
referred to as the said premises together with all his rights, privileges,
easements and appurtenances and all the estate, right, title, interest, claim
and demand whatsoever of him the Mortgagor into and upon the said premises and
every part thereof to have and hold the said premises forever and subject to
the hereinbefore recited first Mortgage and the principal sum and interest
thereby secured and subject also to the proviso for redemption hereinafter
contained provided always that if the said A, his heirs, executors,
administrators or assigns shall pay to the said B, his heirs, executors,
administrators or assigns, the sum of Rs. ................ with interest for
the same at the rate of .............. per cent per annum from the date of
these-presents, then the said B, his heirs, executors, administrators or
assigns, at the request of said A, his heirs, executors, administrators or
assigns will reconvey the said mortgaged premises hereby granted and if the
said sum of Rs. .................... with interest for the same at the rate of
................... per cent per annum shall not be paid on the
................ day of ..................... or, then the Mortgagee, his
heirs, executors, administrators or assigns will be authorised to enter into
and upon the said mortgaged premises and may henceforth possess and enjoy the
same and receive the rents and profits thereof, without any interruption,
interference, eviction, claim or demand from or by any person or persons
whomsoever, except in respect of the said first mortgage and it is hereby
agreed and declared that the Mortgagee, his heirs, executors, administrators or
assigns shall be authorised to sell the mortgaged premises hereby granted or
expressed to be so, or any part or parts thereof, without any further consent
of the Mortgagor, his heirs, executors, administrators or assigns, either
subject to said first Mortgage or freed and discharged therefrom and either
together or in lots and either by public auction or private contract or to
rescind any contract for the sale thereof and to sell the same without being
answerable for any loss or diminution in price and with full power to execute
assurances, give receipts for the purchase money and to do other acts and
things for completing the said sale, which the said mortgagee, his heirs,
executors, administrators or assigns shall think proper and the proceeds of the
sale of mortgaged property or any part thereof shall be applied by mortgagee
first towards the cost and expenses attending such sale, or incurred in
relation to this security and then in satisfaction of the moneys which shall
then be owing on the first mortgage and in the last, the balance shall be
appropriated towards the moneys payable under these presents and surplus, if
any, shall be paid to the Mortgagor, his heirs, executors, administrators or
assigns.
And the Mortgagor
hereby covenant that he is the absolute owner of the mortgaged premises and the
said property is free from encumbrances, except the first mortgage recited
above.
IN WITNESS WHEREOF
the parties have put hereunto set and subscribed their respective hands the day
and year first hereinabove written.
The schedule above
referred to
Signed and delivered
by the withinnamed Mortgagor
Signed and delivered
by the withinnamed Mortgagee
WITNESSES;
1.
2.
Received the sum of
Rs. ............... (Rupees ........................................) from the
withinnamed Mortgagee being the full consideration money with in mentioned to
be paid by the Mortgagee to me.
Rs.
....................
I say received.
....................
Mortgagor
