Form of Mortgage Deed to be executed in connection with an advance for the purchase of land and the construction of a house thereon

THIS INDENTURE made the末末謀ay of末末末one thousand nine hundred and末末末corresponding to Saka Samvat末末末BETWEEN末末末son of末末末resident of末末末末(designation)末末末(hereinafter called "the Mortgagor" which term shall where not repugnant to the context include his heirs, executors and administrators and assigns) of the one part and THE GOVERNOR OF UTTAR PRADESH (hereinafter referred to as "the mortgagee" which term shall where not repugnant to the context include his successors and assigns)of the other part.

WHEREAS by the Agreement, dated the末末謀ay of末末末19 and made between the mortgagor of the one part and the mortgagee of the other part the mortgagee advanced and lent to the mortgagor the sum of Rs.末末末for the purpose of purchasing the piece of land hereinafter described and intended to be hereby transferred and assured and as security for such loan the mortgagor agreed to execute a mortgage in favour of the mortgagee in the form of these presents AND WHEREAS the mortgagor on the末末謀ay of末末末19 duly purchased the said piece of land and is absolutely seized and possessed of or otherwise well entitled to the said piece of land AND WHEREAS the mortgagor has applied to the mortgagee for a further advance of the sum of Rupees末末末for the purpose of enabling him to defray the expenses of erecting on the said piece of land a suitable residence for his own use AND WHEREAS under the provisions contained in Paragraph 244 of the Account Rules of the Government of Uttar Pradesh (hereinafter referred to as "the said Rules" which expression shall where the context so admits, include any amendment thereof or addition thereto for the time being in force and shall be deemed to form part of these presents) the mortgagee has agreed to advance to the mortgagor the said further sum of Rs.末末末in a lump sum (in the instalments mentioned in the Schedule hereto)*.

NOW THIS INDENTURE WITNESSETH that in consideration of the said advances of Rupees末末紡nd Rupees末末末making a total of Rupees末末末so advances as aforesaid and in pursuance of the said Agreement the mortgagor doth hereby covenant with the mortgagee to pay to the mortgagee the said principal sum,

*To be deleted if the payment is not to be by instalments.

and interest thereon calculated according to the said Rules on or before the 末末末day of 末末末next and it the loan shall not be repaid on that date will pay interest in accordance with the said Rules;

AND THE INDENTURE ALSO WITNESSETH that for the consideration aforesaid the mortgagor doth hereby transfer assign and assure unto the mortgagee ALL THAT piece of land being plot no.末末末穆ituate in 末末吠n the registration district of末末穆ub-district末末釦hana末末末膨ontaining 末末末卜ore or less and bounded on the North by末末末撲n the South by 末末撲n the East by末末末紡nd on the West by末末末釦ogether with the dwelling-house and the out-offices, stables, cook-rooms and out-buildings erected or hereafter to be erected on the said piece of land together with all rights, easements and appurtenances to the same or any of them belonging TO HOLD the said premises including all erections and buildings hereafter erected on the said land (hereinafter referred to as 奏he said premises) unto and to the use of the mortgagee absolutely subject to the proviso 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 the 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 reassure the said premises unto and to the use of the mortgagor AND the mortgagor hereby covenants with the mortgagee that he, the mortgagor, now hath good right to transfer the said premises unto the mortgagee free from incumbrances AND FURTHER that the mortgagor and all other persons having or lawfully claiming any estate or interest in the said premises or any part thereof shall and will from time to time and at all times hereafter at his or their own cost do and executed or cause to be done and executed all such acts deeds and things for further and more perfectly assuring the said premises unto the mortgagee in manner aforesaid as shall or may be reasonably required PROVIDED ALWAYS 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 at any time before all sums due or payable to the mortgagee on the security of these presents shall have been fully paid off then and in any of such cases it shall be lawful for the mortgagee to sell the said premises or building standing thereon or any part thereof either together or in parcels and either by public auction or by private contract or to rescind any contract for sale and to resell without being answerable for any loss which may be occasioned thereby or to let the same for any term or period and to do and execute all such acts and assurances for effectuating any such sale or letting as the mortgagee shall thin 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 any rents, profits, premiums, salami or moneys arising from the premises or from any such letting or sale as aforesaid UPON trust in the first place thereout to pay all expenses attending such sale or otherwise incurred in relation to this security 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 present and then to pay the surplus, if any, to the mortgagor.

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 band the day and year first above written.

*The Schedule herein referred to

Signed by the mortgagor

Rs.末末末on or before末末末

In the presence of :

Rs.末末撲n or before末末末

1st witness.



2nd witness.



(The deed should be registered)

NOTE裕here must be two witness to a mortgage.

*Delete擁f advance is not to be by instalments.