FORM NO. 22-F

FORM OF AGREEMENT TO BE EXECUTED IN CONNECTION WITH HOUSE BUILDING ADVANCE FOR CREATING SECOND CHARGE OF THE MORTAGAGED PROPERTY (LAND/BUILDING)

AN AGREEMENT made this......................................................day of ............................... One thousand Nine hundred............................................... corresponding the Saka Samvat the......................... day of...................... one thousand nine hundred.................................... BETWEEN............................................. son of................................................. resident of ........................................(designation)..................................... (hereinafter called "The Mortgagor" which term shall unless repugnant to the context include his heirs, executors and administrators and assigns) of the first part AND the Governor of Uttar Pradesh (hereinafter referred to as "the Mortgagee" which term shall unless repugnant to the context include his successors-in-office and assigns) of the second part AND ________________________________________________________________________(hereinafter called "the Financial Institution" which term shall unless repugnant to the context include its successors-in-office and assigns) of the third part;

WHEREAS by a deed of Mortagage dated........................... made between the mortgagor and the Mortagagee and registered as document No. ...................... in Book No. ..................., Vol. No. ........................... on pages ................... at the office of the.................................................................................................... on the..........................................................................................................

(hereinafter called "the Principal Deed") the Mortgator mortagaged the property described in the Schedule hereto to the Mortagagee by way of first charge as security for the sum of Rs................................................ (Rupees ...................................................) advanced by the Mortagagee to the Mortagagor to enable the Mortagagor to construct/purchase a house situated at __________________________________________

AND WHEREAS the aforesaid sum has not proved sufficient for the aforesaid purpose and the Mortgagor has requested "the Financial Institution" for grant of a loan of Rs................. (Rupees .........................to complete the construction/purchase the house above mentioned and the Financial Institution has agreed to grant the said loan on the condition INTER ALIA that the property mortagaged to the Mortagagee under the Principal deed should be mortgaged to the Financial Institution by way of first charge and the Mortgagee should have a second charge on the said property to which the Mortgagee has agreed and to effectuate the said object the parties hereto execute these presents to modify the principal deed in the manner hereinafter appearing.

AND WHEREAS this deed is supplement to the principal deed.

NOW THIS DEED WITNESSES and the parties hereto hereby agree as follows:-

1. That from the date the property mentioned in the principal deed is mortgaged to the Financial Institution by the Mortgagor as security for the said loan of Rs........ (Rupees.........................) granted by the Financial Institution to the Mortgagor as mentioned herein above, the Mortgagee’s charge on the said property shall become the second charge, the first charge being that of the Financial Institution as aforesaid.

2. That as soon as the said property is released from the charge as aforesaid of the Financial Institution, the Mortgagee’s charge thereon shall become the first charge.

3. That the Mortgagor shall not without the previous written permission of the Mortgagee create any encumbrance on the said property other than that created under the Principal Deed and to be created as aforesaid in favour of the Financial Institution.

4. That save as varied and modified as above the principal deed shall remain in and full force and effect.

IN WITNESS WHEREOF the parties hereto have signed these presents on the day and year first above written.___________________________________________________________________________

Delete which ever is inaplicable.

THE SCHEDULE

Signed by:-

(Full particulars of the property as mentioned in the principal deed)

For and on behalf of the Mortgage Mortgagor

Witness: Witness:

1........................... 1...............................

2........................... 2...............................

Witness- Signed by-

1................... For and on behalf of the

2................... Financial Institution.

(The deed should be registered)

C. S. no. 103 dated 03-10-1997

[Vitta (Lekha)Anubhag-1 File No.15(2)/80]