FORM NO. 22

(See CHAPTER XI, PARAGRAPH 244-E)

Form of Mortgage

THIS INDENTURE made the末末謀ay of末末末one thousand nine hundred and末末末corresponding to Saka Samvat末末烹ETWEEN Sri末末末son of末末末resident of末末末(Designation末末末) (hereinafter referred to as the "mortgagor" which term shall where the context so admits include his heirs, executors, administrators and assigns) of the one part; and the GOVERNOR OF UTTAR PRADESH (hereinafter referred to as the "mortgagee" which term shall where the context so admits include his successors and assigns ) of the other part.

WHEREAS the mortgagor is absolutely seized and possessed of or otherwise well entitled to the land, hereditaments and premises hereinafter described and expressed to be hereby conveyed, transferred and assured (hereinafter referred to as 奏he said hereditaments).

AND WHEREAS the mortgagor has applied to the mortgagee for an advance of the sum of Rs.末末貿or the purpose of enabling him to defray the expenses* of 末末末as a suitable residence for his own use.

AND WHEREAS under the provisions contained in the Account Rules of the Government of Uttar Pradesh (hereinafter referred to as 奏he said Rules which expression shall where the context so admits include any amendment thereof or addition thereto for the time being in force), the mortgagee has agreed to advance to the mortgagor the said sum of Rs.末末吠n a lump sum (in the instalments mentioned in the Schedule hereto).2

NOW THIS INDENTURE WITNESSETH that in pursuance of the said AGREEMENT and in consideration of the sum of Rs.末末末paid on or before the execution of these presents to the mortgagor by the mortgagee the receipt whereof of the mortgagor doth hereby acknowledge (and the balance sum of Rs.末末末to be paid in the instalments mentioned in the Schedule hereto)2 for the purpose of enabling the mortgagor to defray the hereinbefore recited expenses the mortgagor hereby convenants with the mortgagee to repay to the mortgagee the said principal sum and interest thereon calculated according to the said Rules on or before the末

*Insert "the purchase of the said hereditament" "building housed on the said hereditaments" or "Repairing the said hereditaments" as the case may be..

2 Delete words in crochet if advance is not to be by instalment.

末day of末末19末末墨ext and if the loan shall not be repaid on that date will pay interest in accordance with the said Rules. AND THIS INDENTURE ALSO WITNESSTH that for consideration aforesaid he the mortgagor doth hereby convey transfer and assure unto the mortgagee ALL that piece of land being Plot No.末末末situate in the末末末district of末末末registration district of末末末sub-registration district of末末膨ontaining more or末末末less now in the occupation of the mortgagor and bounded on the North by末末末on the South by末末末, on the East by末末末and on the West by末末末末 together with the dwelling house and the out office, stables, cook-rooms and out-buildings now erected or hereafter to be erected on the said piece of land together with all rights, easements, appurtenances to the said hereditaments or any of them belonging TO HOLD the said hereditaments with their appurtenances including all erections and building hereafter erected and built on the said piece of land unto and to the use of the mortgagee absolutely subject to the provision for redemption hereinafter contained. PROVIDED ALWAYS that if and as soon as the said advance made upon the security of these presents shall have been repaid and interest thereon paid calculated according to the said Rules by the deduction of monthly instalments of salary of the mortgagor as in the said Rules mentioned or by any other means whatsoever then and in such case the mortgagee will upon the request and at the cost of the mortgagor reconvey, retransfer or re-assure the said hereditaments unto and to the use of the mortgagor or as he may direct AND it is hereby agreed and declared that if there shall be any breach by the mortgagor of the convenants on his part herein contained or if he shall die or quit the service before, the said principal sum and interest thereon calculated according to the said Rules shall have been fully paid off then and in any of such cases it shall be lawful for the mortgagee to sell the said hereditaments or any part thereof either together or in parcels and either by public auction or by private contracts with power to rescind any contract for sale and to re-sell without being answerable for any loss which may be occasioned thereby AND to do and execute all such acts and assurances for effectuating any such sale as the mortgagee shall think fit AND it is hereby declared that the receipt of the mortgagee for the purchase money of the premises sold or any part thereof shall effectually discharge the purchaser or purchasers therefrom AND it is hereby declared that the mortgagee shall hold the moneys to arise from any sale in pursuance of the aforesaid power UPON TRUST in the first place thereout to pay all the expenses incurred on such sale and in the next place to apply such moneys in or towards satisfaction of the moneys for the time being owing on the security of these presents and then to pay the surplus (if any), to the mortgagor AND it is hereby agreed and declared that the said Rules shall be deemed and taken to be part of these presents.

The mortgagor hereby convenants with the mortgagee that he the mortgagor will during the continuance of this security observe and perform all the provisions and conditions of the said Rules on his part to be observed and performed in respect of these presents and the said hereditaments.

AND the Mortgagor doth hereby agree and declare that without prejudice to any remedy provided by this deed, the Mortgagee may on the certificate of the Secretary to the State Government in the Administrative Department, which shall be final, conclusive and binding on the Mortgagor, recover all dues hereunder as arrears of land revenue. AND it is hereby lastly agreed and declared that the Mortgagee shall be entitled to recover the balance of the said advance with interest remaining unpaid at the time of the Mortgagor痴 retirement or death preceding retirement from the whole or any specified part of the gratuity that may be sanctioned to him.

IN WITNESS WHEREOF the mortgagor hath hereunto set his hand day and year first above written.

The Schedule herein referred to1

Rs.

on or before.

Rs.

on or before.

Signed by the said (mortgagor).

In the presence of

1st witness :

Address :

Occupation :

2nd witness :

Address :

Occupation :

(The deed should be registered)

NOTE裕here must be two witnesses to a mortgage.

1 Delete the schedule if advance is not to be made by instalment.