MEMORANDUM OF ENTRY

Equitable Mortgage of Property by Deposit of Title Deeds

On the date as mentioned in Schedule I Part C, Shri Ramesh Reddy H S/o of Shri Hanumanth
Reddy residing at 90, Ground Floor, 11th Main, Sector- 6, HSR Layout, Bangalore South, Karnataka-
5601023, 3rd Main, 4th Cross, Mallatahalli, MP M layout, Ullalu, Bangalore 560056, authorized vide
an irrevocable power of attorney dated 30 th September 2019 (“Irrevocable Power of Attorney”) and/
or letter of authority dated _________________ (“Letter of Authority”) (if applicable)

ON BEHALF OF
The Person mentioned in Schedule I Part A (hereinafter referred as the “Mortgagors”, which
expression shall, unless it be repugnant to the subject or context thereof, be deemed to include its
successors and permitted assigns, successors, members and all persons deriving/claiming title
thereunder, as the case may be of the FIRST PART;

attended the office of Aditya Birla Finance Limited, a non banking finance company, incorporated and
registered under the Companies Act, 1956, having Corporate Identity Number _____ and having its
registered office at Indian Rayon Compound, Veraval, Gujarat 362 266 and its branch office at No 13,
Embassy Heights, C wing, Magrath Road, Bangalore- 560025. (hereinafter referred to as "LENDER"
which expression shall include its successors and assigns) and handed over and deposited the Title
Deeds (hereinafter defined), to Shri. Shiva Kumar V & Shri Channaiah Dasari of Lender (The name
and designation of the officer with whom the title deeds are deposited) the documents of title,
evidences, deeds and writings, search reports, together with permissions, approvals, consents and
writings more particularly described in the Schedule III hereunder written (hereinafter referred to as
"Title Documents") in respect of the Mortgagor/s's immovable property as more particularly
described in the Schedule II herein below. (hereunder written together with the buildings and
structures constructed/ to be constructed thereon and all the Mortgagor/s's plants and machineries,
attached to the earth or permanently fastened to anything attached to the earth (hereinafter referred to
as "Immovable Properties")) by way of an Equitable Mortgage by deposit of Title Deeds to secure
the due repayment to Lender of the Facility(ies) (defined hereinafter) granted/ to be granted to the
Borrowers as more particularly mentioned in the Schedule I Part B1. (herein referred as the
“Borrower(s)”) which expression shall include its/his/her respective heirs, executors, administrators
and permitted assigns, successors, members and all persons deriving / claiming title thereunder, as
the case may be), in order to secure the facilities as sanctioned by the Lender in the Facility
Agreement as mentioned in the Schedule I Part C (hereinafter referred to as “Facility”).

1) Accordingly Shri. Shiva Kumar V & Shri Channaiah Dasari of Lender accepted the deposit of the
Title Deeds.

2) Shri Ramesh Reddy H of the Mortgagor/s stated, while depositing the Title Deeds, that the Title
Deeds are being deposited by the Mortgagor/s with Shri. Shiva Kumar V & Shri Channaiah Dasari
of Lender with an intent to create an exclusive mortgage by deposit of Title Deeds over the
Mortgagor/s's Immovable Properties more particularly described hereinabove and in the Schedule II in
favour of Lender to secure the due repayment, discharge and redemption by the Mortgagor/s of the
Facility granted/agreed to be granted/ continued to be granted by Lender to the Borrower(s) together
with interest, additional interests, default interests, principal amounts, costs, charges, commissions
and expenses and all the monies whatsoever stipulated hereunder or under any of the Facility/
Transaction documents that may become payable by the Borrower(s) (“Mortgage Debt”). Mortgagor/s
has further stated that the Mortgagor/s shall not create any further charge on the Immovable
Properties and that the Immovable Properties shall be a continuing security until the balance under
the Mortgage Debt has been paid/ repaid to the satisfaction of Lender.

1
Comment: Please note that in the event the Mortgagor/s itself/themselves is/are the Borrower, then Facility
would mean the facility availed by the Mortgagor. In event the Mortgagor or Borrower are separate entities then
reference of the Borrower as mentioned below shall be included
1
3) Shri Ramesh Reddy H of the Mortgagor/s declared and confirmed to Shri. Shiva Kumar V &
Shri Channaiah Dasari of Lender that the Title Deeds are the only documents of title in
respect of the Immovable Properties in possession, custody, power and control of the
Mortgagor/s and that the Mortgagor/s is/are in possession of the Immovable Properties and has
a clear title to the Immovable Properties and that no other permissions, approvals, consents are
required and, the Mortgagor/s has/have not created any mortgage or charge or lien or other
encumbrances whatsoever and that the Mortgagor/s's title to the Immovable Property/ies is
marketable and free from encumbrances, charge, suit or proceedings, claim and demand of
any nature whatsoever. That except as stated aforesaid, there is no mortgage, charge, lien or
any other encumbrance or attachment on the Immovable Property or any part thereof by any
Government, Governmental Authority, Local Authority or by Income Tax Department or by any
person, firm, company, body corporate, society or entity whatsoever and that no notice has
been issued and/or served on the Mortgagor/s under the Rules 2, 16 or 51 or any other Rules
of the Second Schedule to the Income Tax Act, 1961, or under any other law.

4) Shri Ramesh Reddy H of the Mortgagor/s stated that the Mortgagor/s has not entered into any
agreement for sale, transfer or alienation in relation to the Immovable Properties or any part or
parts thereof and that no mortgage, charge or lien or other encumbrance whatsoever will be
created by the Mortgagor/s or attachment allowed to be levied on the Immovable Properties
except with the express prior permission in writing of Lender.

5) Shri Ramesh Reddy H of the Mortgagor/s further declared and confirmed that he is duly
authorised to deposit the Title Deeds for and on behalf of and by the Mortgagor/s in respect of
the Immovable Properties as aforesaid pursuant to the resolutions passed by the directors on
the board of the Mortgagor at their meeting held as mentioned in the Schedule I Part C power
of attorney /or authority letter issued by the other partners /or pursuant to the provisions of the
trust deed / bye laws of the society and the Mortgagor/s furnished the certified true copy of the
said resolution/power of attorney/letter of authority to Smt. Deepali Agarwal & Shri Channaiah
Dasari of Lender and further stated that the said the resolution/power of attorney/letter of
authority is in full force and effect, valid and binding on the Mortgagor/s(as applicable).

6) Shri Ramesh Reddy H of the Mortgagor/s stated that deposit of the Title Deeds was made with
the intent to create the mortgage over Immovable Properties as mentioned hereinabove in
favour of Lender to secure the liability that may arise out of the Mortgage Debt. Mortgagor/s
has/have further stated that as long as any amount is outstanding under the Mortgage Debt, the
Mortgagor/s shall not create any further charge on the Immovable Properties without prior
written permission of Lender.

7) Shri Ramesh Reddy H of the Mortgagor/s further declared that he/her is not aware of any act,
deed, matter or circumstance, which prevents the Mortgagor/s from charging or creating
mortgage over the Immovable Properties in favour of Lender.

8) Shri Ramesh Reddy H of the Mortgagor/s, at the time of the deposit of Title Deeds, further
declared and represented to Lender, inter alia, that the Immovable Properties would remain as
security till the Mortgage Debt is repaid to Lender in full by the Borrower(s) to the complete
satisfaction of the Lender. The Mortgagor/s also declared that the Mortgagor/s is/are aware that
Lender shall be entitled to sell the Immovable Properties or any part thereof at its sole
discretion in the event the Borrower(s) fails to pay/repay the Mortgage Debt.

_______________________________________________
(Signature of the Authorised Representative of LENDER)

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 SCHEDULE I PART A
DETAILS OF THE MORTGAGOR
_________________________________________________________________________________
_____________________________________________________________________, a Company
incorporated under the Companies Act 1956, having Corporate Identity Number ______________
and having its registered office at ___________________________________;

OR

[ ________________ a partnership constituted under the Indian Partnership Act, 1932 and acting
through (a) 2______ (b) ______ (c) ______ and having its principal place of business at
___________________];

OR

Shri ____________________, aged ______ years, son of

___________________________________as the Karta of his joint family carrying on the Hindu
Undivided Family business of_________________________________________________________
as joint family business under the style
of____________________________________________________________________at__________
____________;
OR
___________________________________________________________ an association/ society/
trust registered under the prevalent Societies Registration Act/ prevalent Societies Registration Act/
prevalent Co-operative Societies Act / Indian Trust Act, 1882 and having the registered office at
_________________________________________________________________________________
____and at present carrying on the business of __________________________________ at
____________________________________________________________ 3
OR
[_________ LLP, incorporated under the Limited Liability Partnership Act, 2008 having Limited
Liability Partnership Identification Number _____________ and acting through its designated partner
______ and having its principal place of business at _________]
OR

Mr./Miss./Mrs._________________________________________________________________ aged
______________ years, son of/wife of/
daughter of_____________________________________________ at present carrying on the
business of ____________as sole proprietor under the name and style of
____________________________________________ at
_________________________________________________________________________________
________________
OR

Shri Venkatesh.D aged 65 years, s/o of Dasappa, at present residing at 113, 3rd Main, 4th Cross,
Mallatahalli, MP M layout, Ullalu, Bangalore 560056.
AND

2
Comment: Insert details of all the partners of the firm.

3
Comment: To be used in the case of a registered society, a cooperative society and/or trust constituting the
Mortgagor/s.
3
Shri Bharath V. aged 34 years, s/o of Venkatesh.D, at present residing at 113, 3rd Main, 4th Cross,
Mallatahalli, MP M layout, Ullalu, Bangalore 560056.

(hereinafter referred to as the “Mortgagor”)

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 SCHEDULE I PART B

DETAILS OF THE BORROWER

_________________________________________________________________________________
_____________________________________________________________________, a Company
incorporated under the Companies Act 1956, having Corporate Identity Number ______________
and having its registered office at ___________________________________;

OR

[ ________________ a partnership constituted under the Indian Partnership Act, 1932 and acting
through (a) 4______ (b) ______ (c) ______ and having its principal place of business at
___________________];

OR

Shri ____________________, aged ______ years, son of

___________________________________as the Karta of his joint family carrying on the Hindu
Undivided Family business of_________________________________________________________
as joint family business under the style
of____________________________________________________________________at__________
____________;

OR

____________________________________________________________ an association/ society/

trust registered under the prevalent Societies Registration Act/ prevalent Societies Registration Act/
prevalent Co-operative Societies Act / Indian Trust Act, 1882 and having the registered office at
_________________________________________________________________________________
____and, at present carrying on the business of __________________________________ at
____________________________________________________________ 5

OR

[_________ LLP, incorporated under the Limited Liability Partnership Act, 2008 having Limited
Liability Partnership Identification Number _____________ and acting through its designated partner
______ and having its principal place of business at _________]
OR
Shri Bharath V aged 34 years, son of Venkatesh D, at present carrying on the business of
Warehousing & Stone Crushers as sole proprietor under the name and style of M/s. NEB Stone
Crushers, at 113, 3rd Main, 4th Cross, Mallatahalli, MP M layout, Ullalu, Bangalore - 560056.

OR

Shri Bharath V aged 34 years, son of Venkatesh D, at present residing at 113, 3rd Main, 4th Cross,
Mallatahalli, MP M layout, Ullalu, Bangalore - 560056 and carrying on the business of Warehousing &
Stone Crushers.
4
Comment: Insert details of all the partners of the firm.
5
Comment: To be used in the case of a registered society, a cooperative society and/or trust constituting the
Mortgagor/s.
5
(hereinafter referred to as the “Borrower”)

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 SCHEDULE I PART C
General Terms

Sr. No. Particulars Description

01 Date of Facility Agreement 30th Sept, 2019

02 Facility Amount INR 64,00,000 /-

03 Date of Board Resolution/ Letter of

Authority / Power of Attorney

04 Place of Execution Bangalore

05 Date of Execution 25th October 2019

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 SCHEDULE II
Description of the Immovable Properties

PROPERTY

All that piece and parcel of the property bearing Sy.No.310, New No.310/1, measuring 3 Acres 11 ½
Guntas of Land converted vide order No.ALN(S)(S)SR.199/2007-08 dated 23.2.2008 issued by
Deputy Commissioner Bangalore District, Situated at Sarjapura Village, Sarjapura Hobli, Anekal
Taluk, Bangalore Urban District and bounded as;

East by Remaining land in Sy.No.310 (New Survey

No.310/1);
West by Survey No.311;
North by Road;
South by Road;
.

‘1134 Sq.feet of undivided share, right, title and interest and ownership in the Schedule ‘A’ Property of
‘SMART NEIGHBOUR HOODS’

An Villa/Residing Unit bearing No.A-1, Katha No.1488/A1, PID No.150200102300123169 construed in

schedule ‘A’ property (Sy.No.310/1) measuring 2550 Sq.feet of built up area, the walls are built out of
solid cement concrete blocks and cement with RCC roofing and vitrified flooring it will be provided with
amenities like electricity water and sanitary connections and bounded as:

East by Drive way;

West by Drive way;
North by Drive way;
South by Unit No.A2.

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 SCHEDULE-III
List of Title Documents

1. 4.8.2016 Agreement of Sale & construction entered into Original

between Sri.R.K.Giri, Sri.B.Sudharshan Reddy,
Sri.Kundur Pradeep, Sri.Sandeep Kumar Reddy,
Sri.Bhavanam Koti Reddy, Smt.Jyothi g Vallurupalli,
Sri.Challa Bala Krishna Reddy, Smt.L.Madhavi Latha
all are represented by their GPA holder M/s.Melange
Prime Properties rep., by its Partners Smt.K.Latha
Narasimha Murthy and M/s.Melange Prime
Properties rep., by its Partners Smt.K.Latha
Narasimha with Smt.Mamtha Ramesh and
Sri.H.Ramesh in respect of Villa No.A1 measuring
2550 Sq.feet of built up area together with 2025
Sq.feet of undivided share right title interest in
composite land, and registered as document
No.1706/2016-17 of Book-I stored in CD
No.SRJD207 in the office of the Sub-registrar
Basavanagudi (Sarjapura)
2. 28.6.2019 Cancellation deed entered into between Original
1.Smt.Mamatha Ramesh represented by GPA holder
Sri.Ramesh.H and 2.Sri.Ramesh.H with Sri.R.K.Giri,
Sri.B.Sudharshan Reddy, Sri.Kundur Pradeep,
Sri.Sandeep Kumar Reddy, Sri.Bhavanam Koti
Reddy, Smt.Jyothi g Vallurupalli, Sri.Challa Bala
Krishna Reddy, Smt.L.Madhavi Latha all are
represented by their GPA holder M/s.Melange Prime
Properties rep., by its Partners Smt.K.Latha
Narasimha Murthy and M/s.Melange Prime
Properties rep., by its Partners Smt.K.Latha
Narasimha Murthy, whereas both parties mutually
agreed to cancel the agreement of sale and
construction dated 4.8.2016 and further agree that
they shall not claim any damages against each other
for non-performing their respective obligations under
the agreement and parties have the cancellation in
writing and accordingly this deed of cancellation is
made, and registered as document No.1746/2019-20
of Book-I stored in CD No.SRJD394 in the office of
the Sub-registrar Basavanagudi (Sarjapura)
3. 28.6.2019 Sale deed executed by Sri.R.K.Giri, Original
Sri.B.Sudharshan Reddy, Sri.Kundur Pradeep,
Sri.Sandeep Kumar Reddy, Sri.Bhavanam Koti
Reddy, Smt.Jyothi g Vallurupalli, Sri.Challa Bala
Krishna Reddy, Smt.L.Madhavi Latha all are
represented by their GPA holder M/s.Melange Prime
Properties rep., by its Partners Smt.K.Latha
Narasimha Murthy and M/s.Melange Prime
Properties rep., by its Partners Smt.K.Latha
Narasimha Murthy (vendors) conveyed the
‘Villa/Residing Unit bearing No.A-1, Katha
No.1488/A1, PID No.150200102300123169
construed in schedule ‘A’ property (Sy.No.310/1)
measuring 2550 Sq.feet of built up area together with
1134 Sq.feet of UDS of composite land of SMART
NEIGHBOUR HOODS’ in favour of Sri.H.Ramesh @
Ramesh Reddy.H, and registered as document
No.1748/2019-20 of Book-I stored in CD
9
 No.SRID394 in the office of the Sub-registrar
Basavanagudi (Sarjapura)
4. 31.8.2019 E-Katha Certificate (Form-9) issued by Sarjapura Original
Village Panchayath in the name of Sri.H.Ramesh @
Ramesh Reddy.H in respect of Katha No.1488/A1.
5. 31.8.2019 E-Katha Certificate (Form-11) issued by Sarjapura Original
Village Panchayath in the name of Sri.H.Ramesh @
Ramesh Reddy.H in respect of Katha No.1488/A1.
6. 27.12.2019 Tax paid receipt issued by Sarjapura Village Original
Panchayath for the year 2019-20.
7. Encumbrance certificate from 28.6.2019 to Original
26.12.2019 in respect of Villa No.A1.

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 User Note

 Execution

 Stamp Duty - This Memorandum shall be adequately stamped as per the requirements of the law
applicable in the state in which it is executed.

 The stamp paper must be procured in the name of one of the parties executing the Memorandum.

 If the Memorandum is not printed on the stamp paper and is attached separately, then the parties
should initial on the stamp paper (each one of them) and specify that the stamp paper forms a part
of the Memorandum.

 All the blanks specified above need to be filled up, prior to execution.

 The details which are not applicable need to be crossed out and the comments should be
removed.

 The signatories shall affix their initials on each and every page of this Memorandum and make a
full signature on the signature clause.

 In case there are any blanks left out or any corrections made, the initials of the signatories shall
be affixed thereon.

 The common seal of the company should be affixed whenever required.

 Post execution necessary filings and registration for perfection of the security created should be
done within the timelines as prescribed by LENDER.

11