FORM NO. 23

(See CHAPTER XI, PARAGRAPHS 244-E AND 244-H)

Form of mortgage for house building advance granted to officers who do not possess full proprietary rights in the land upon which the house stands or is intended to be erected thereon.

THIS INDENTURE made the覧覧妖ay of覧覧19 , corresponding to Saka Samvat覧覧唯ETWEEN Sri覧覧覧覧son of 覧覧羊esident of覧覧(designation)覧覧覧(hereinafter called 奏he 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 奏he mortgagee which term shall where not repugnant to the context include his successors and assigns ) of the other part.

WHEREAS the mortgagor is entitled to the piece of land, hereditaments and premises hereinafter described under a lease from覧覧dated覧覧for a term of years expiring1覧覧覧subject to a rental of Rs.覧用er2覧覧.

AND WHEREAS the mortgagor has applied to the mortgagee for an advance of the sum of rupees覧覧for the purpose of enabling him to defray the expenses覧覧覧of 3覧覧覧預s suitable residence suitable for his own use.

AND WHEREAS under the provisions contained in the Account Rules of the Government of Uttar Pradesh (hereinafter referred 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 sum of Rs.覧覧擁n a lumpsum (in the instalments mentioned in the Schedule hereto).4

1 Date of end of lease.

2 Mensum or annum.

3 Insert "the purchase of the said hereditaments," "building a house on the said hereditament" or "repairing the said hereditament" as the case may be.

4 Delete words in erochets if further advances are not to be made.

NOW THIS INDENTURE WITNESSETH that in consideration of the said advance and in pursuance of the said agreement the mortgagor doth hereby covenant with the mortgagee to pay to the mortgagee the said principal sum and interest thereon calculated according to the said Rules or before the覧覧妖ay of覧覧溶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 WITNESSETH that for the consideration aforesaid the mortgagor doth hereby demise, let and transfer unto the mortgagee ALL THAT piece of land bearing Plot no.覧覧耀ituated in覧覧葉he registration district of覧覧末sub-division覧葉hana覧覧containing覧覧洋ore or less and bounded on the North by覧覧熔n the South by覧覧覧 on the East by覧覧預nd on the West by覧覧葉ogether with the dwelling-house and the out-offices, stables, cook-rooms and out buildings and all kinds used or intended to be used with the said dwelling-house now erected or hereafter to be erected 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 unto the mortgagee his successors and assigns for all the residue now unexpired of the said term of years granted by the said lease except the last day of the said term PROVIDED ALWAYS that if and as soon as the said advance made upon the security of these presents and interest thereon calculated according to the said Rules shall have been repaid by the deduction of monthly instalments of salary of the mortgagor as in the said Rules mentioned or by any other means whatsoever the demise hereby made shall be void AND the mortgagor hereby covenants with the mortgagee that the lease creating the term or estate for which the said land is held by the mortgagor is now a good, valid and effectual lease and is in full force, unforfeited and unsurrendered and free from encumbrances and shall in nowise become void or voidable and that all the rents reserved thereby and all the covenants, conditions and agreements contained therein and on his part to be paid observed and performed have been paid, observed and performed up to the date of these presents AND also that the mortgagor will at all times so long as any money remains due on the security of these presents pay, observe and perform or cause to be paid, observed and performed all the said rents convenants, conditions and agreements and will keep the mortgagee indemnified against all action, proceedings, cost, charges, claims and demands, if any, to be incurred or sustained by the mortgagee by reason of the non-payment of the said rents of the non-observance or non-performance of such convenants or conditions or agreements or any of them AND ALSO that the mortgagor now has good right and full powers to demise the said premises to the mortgagee in manner aforesaid AND that it shall be lawful for the mortgagee to enter into and upon and to hold and enjoy the said demised premises during the terms hereby granted without any interruption or disturbance by the mortgagor or any person claiming through or in trust for him, AND that the mortgagor at the request at any time hereafter of the mortgagee will at his own cost execute and do all such assurances and things as may be necessary or proper for more effectually vesting the said premises in the mortgagee in manner aforesaid as may by the mortgagee 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 mortgage 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 buildings 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 sales or letting 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 after any sale of the said premises or any part thereof under the aforesaid power the mortgagor shall stand possessed of the premises so sold for the last day of the term granted to him by the hereinbefore receipted lease IN trust for the purchaser his executors, administrators and assigns to be assigned and disposed of as he or they may direct 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 trusts in the first place thereon 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 moneys for the time being owing on the security of these presents 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 hand the day and year first above written.

The Schedule herein referred to

Rs.覧覧覧覧 on or before覧覧覧

Rs.覧覧覧覧 on or before覧覧覧

Signed by the Mortgagor

In the presence of

First witness

Second witness

Address

Address

Occupation

Occupation

 

(the deed should be registered).

NOTE裕here must be two witnesses to a mortgage.