Rete Shin war v. afte a. (a ita) So1a39 Epo © so ¥ THIS DEED OF MORTGAGE IS MADE AND EXECUTED AT PUNE ON THIS A® DAY OF FEBRUARY, IN THE YEAR 2010. OF MORTGATOMAS MAOLA Samamamt same STVECY 94937 pseu uw, reac, sotee ARTS Sinan sene, BeAmcH, THATS FEB 10 2011 vaNesiaoaes wom an me an as 19:57 2-8/ST*( C8100 /01/05/427 oar P R:0006000/-ras204 INDIA stamp cuTy saanarasuTna, ae ant For JMSB LYD., PUNE 14 sate ge Saati nen: Ubale . - - aoe er AUTHORISED SIGNATURE BETWEEN 1) MR. SANJEEV CHANDRAKANT PATIL Age about 37 Years, Occ. — Business, 2) MRS. SWATI SANJEEV PATIL Age about 31 Years, Occ. ~ Housewife, MR. CHANDRAKANT BABURAO PATIL Age about 60 Years, Occ, — Service, All RYAt - Flat Nos, 9 & 10, Atreya Society, Kothrud, PUNE 411 029 (No.1 — Business Address — C/O. Prompt IT Solutions 1549/A, Sadashiv Peth, Pune 411 030) 4) MRS: RADHABAI TUKARAM KADU Age about 76 Years, Occ. ~ Housewiie, RAL ~ Atreya Society, Kothrud, PUNE 411 029 we Who are the Borrowers of the First Part and hereinafter called and referred to as “THE MORTGAGORS OF THE FIRST PART” AND JIJAMATA MABILA SAHAKARI BANK LTD. An Urban Co-Operative Bank, Tegistered under the provisions of Meharashtra Co-Operative Societies Act, 1960, Having its Head Office - 1639-B, “Malati-Madhav’, Sadashiv Peth, Tilak Road, PUNE 411 030. and the Branch of this Bank at Shivaji Nagar, Pune __ Fa» | 97a RoTagistrabie | as Ragisemn: CET OF ATENEO, ad Person's full Signature &Hereinafter called and referred to as “THE MORTGAGEE OF THE SECOND PART” WHEREAS the Mortgagors are Shareholders of the Bank The Mortgagor No.2 is the wife of Martgagor No.! and the The Mortgagor No.3 is the father of Mortgagor No.1 The Mortgagor No.1 is running a business under the name & style “Prompt IT Solutions”; AND WHEREAS the Mertgagor No.4 is the full owner and the Mortgagor Nos. 1 & 3 have acquired right to purchase the residential premises bearing Flat No. 9A on the First Floor, admeasuring about 691 Sq.Ft. i.e. 61.20 Sq.Mtrs., in the building No. “A”, in the scheme/buiiding known as “Atreya No.2 Co-Op. Housing Society Ltd”, which is constructed on the land bearing Survey No. 88/8/A/2, situated at Village Kothrud, within the registration Sub-District Taluka Haveli and registration District of Pune and within the limits of Pune Municipal Corporation and within the jurisdiction of Sub-Registrar Haveli, Pune, which is more particularly described in the Schedule LA written hereunder; AND WHEREAS the Mortgagor Nos. 1 & 3, by a tegistered Agreement of Assignment dt. 68/01/2002, acquired Tight to purchase the Flat premises described in the Schedule [ from Morigagot No.4. The said Agreement of Assignment is tegistered in the office of Sub-Registrar Haveli NoIV at Sr.No. 204/2002 dt. 09/01/2002. Thereafter the Mortgagor Nos. 1 & 3 have made complete payment of the agreed consideration of the said Flet to Mortgagor No.4. The Mortgagor No.4 has received & acknowledge the same.The Title deeds of the mortgaged property are the Second Schedule; The Mortgagors have applied to the Mortgagee Bank for Term Loan of Rs. 12,00,000/- (Rs. Twelve Lakh only) for the purpose of expansion of Business, The said request of the Mortgagors is sanctioned by the Mortgagee Bank by its Board of Directors Resolution, against the security of property owned by the Mortzagoss_ by executing Registered Mortgage of Rs 12,00,000/- (Rs. Twelve Lakh only) and by mortgaging the said Mortgaged Property owned by the Mortgagors detailed in the Schedule-1 The said property (which is more particularly described in the Schedule-I written hereunder) 1s mortgaged by the Mortgagors in favour of the Mortgagee, on the following terms, for the Term loan amount of Rs 12,00,000/- (Rs. Twelve Lakh only}, WHEREAS the Mortgagors have agreed to deposit the title deeds of the said Property & the same are listed in the Schedule- Il annexed hereto, with intent to create Security on that Property for repayment of the amount of the Term Loan together with further interest as hereinafter stated: WHEREAS the Mortgages Bank has asked the Mortgagors to execute these presents, with 2 view to record the terms and conditions in respect thereof which the Mortgagors have agreed todo THUS NOW IT IS AGREED AND DECLARED BY THESE MORITGAGORS AS FOLLOWS ~ 1 In_ consideration of the Term loan of the sum of Rs. 12,00,000/- (Rs. Twelve Lakh only} advanced by the Mortgagee Bank to the Mortgagors, by mortgaging the said Property (whichFae — 9 Girt & 7 Ao in Sh fy is more particularly desotibed in the ScheduloT~Agelaen hereunder). The Mortgagors do covenant with the Mortgagee Bank to make repayment of the said Loan in 60 Months with interest @ 13% on the said amount, by Monthly Installment of Rs. 20,000/- + Interest, as per their rules and also the amount of penal interest at the rate of 2% per annum in case of defaults as will be determined by the Mortgagee Bank. If the Mortgagors fails to make tepayment of 3 regular installments of the said loan, in that circumstances, the Mortgagors have to pay 15% interest p.a. on the said Joan amount, The said term is agreed & admitted by the Mortgagors. It 1s agreed by the Mortgagors that if the Mortgagors fails to make payment of 3 installments, then the Mortgagee has complete right to demand the full outstanding amount from the said loan from the Mortgagors. 2. That the Mortgagee shall at any time be entitled to charge interest at a higher rate then the rate hereinbefore mentioned 3. The said rate of interest payable by the Mortgagors shal! be subject to the changes in the rate of interest directed by Reserve Bank of India. 4. That notwithstanding anything contained in above Clauses, above or elsewhere or in any other document, the whole of the loan shall if so desired by the Mortgagee, become forthwith due and payable by the Mortgagors/Borrowers to the Mortgagee upon the happending of any of the following events and the Mortgagee shall be entitled to enforce the security ; IF a) Any interest remaining unpaid and in arrears for period of three months after the same have become due, whether demanded of not or, b) The Mortgagors committing any breach or default in performance or observance of any of the covenants contained in these presents and/or the proposal of Mortgagors and/or the other security documents or of any other terms and conditions relating to the loan or,¢) The Mortgagors entering into any amangehuaicbels” composition with the Mortgagors’s creditors or committing any act of insolvency or, d) Any execution or distress being enforced or levied against the whole or any part of the Mortgagors Property or, e) _ A Receiver being appointed in respect of the whole Of any part of the Property of the Mortgagors or, 1) Non-observance or non-performance of the terms and conditions imposed by the Mottgagee or, g) The Mortgagors ceasing, or threatening to cease, to carry on business or, hy The occurance of any circumstances which is prejudicial to or impeirs, imperils or depreciated which is likely to prejudice, impair or imperils or depreciate any security given to the Mortgagee and/or, i} To the Mortgagors/Borrowers fails and/or neglects to pay 3 monthly instaliments or an amount equal to 3 monthly installments-or, . J) The occurance of any event or circumstances which is prejudicially or adversely affects or is likely to prejudicially or adverseley affects in any manner, the capacity of the Mortgagors to repay the loan, k) On the question whether any of the above events, has happened, the decision of the Mortgagee shall be conclusive and binding on the Mortgagors / Borrower or, 1) Provided always that the Mortgagee may in iis own discretion refrain from forthwith enforcing rights, under this Mortgage inspite of the happening of any of the contingencies as aforesaid, 5. Also the Mortgagors further covenants that the Mortgagors shall be bound by the provision of the securitisation and Reconstruction Financial Assets and Enforcement of Security Interest Act. In case of default of any of the conditions mentioned in this deed or the terms of the loan agreement, in the part of the Mortgagors, the Mortgagee Bank is entitled to take over and/orBNF ¢ fro Ay, acquired the possession of the mortgaged properties amet satl be entitled to dispose it off as per its own wish and convenient. In such a case the Mortgagors shall be debarred from call in question in any civil court, the action taken by the Mortgagec Bank under the provisions of the said Act. 6. The Mortgagors have received the amount on the execution of this deed, as loan’ and the Mortgagors had agreed to deposit the title-deeds of the said Property with Mortgagee Bank. Thus Mortgagee Bank has given the loan against the security of the Property detailed in Schedule-I hereto, by deposit of title deeds. 7 The Mortgagors further covenants that Mortgagors are liable to repay all sorts of dues to which Mortgagee Bank is entitled to recover in the names of the Mortgagors individually and jeintly and for all these dues, to which Mortgagee Bank is entitled to recover in the names of Mortgagors individually and. jointly for ail these dues. The Property described in the Schedule-I, will remain as security from which the Mortgagec Bank will have right to satisfy its recovery, by effecting all sorts of actions, These Property will remain as security with the Mortgagee Bank, unti! the Mortgagors will made full repayment or to make payment of the last installment of the said Loan amount alongwith the Interest thereon, The Mortgagors undertakes to repay the said loan amount with interest by Scheduled Installments as will be determined by the Bank. 8. The Mortgagors further declares and confirms that the titie deeds mentioned in the Schedule-LE hereunder written, relating to the Property mentioned in the Schedule-I written hereunder and agreed to be deposited with the Mortgagee Bank’s office mentioned above, ate to be deposited with intent 10 create an equitable security for payment of above referred Term Loan amount and also for payment of other past and further loanremain with the Mortgagee Bank, so long as, the debts of all sorts or any other amounts in'respect thereof remain due and payable by the Mortgagors to the Mortgagee Bank. As such the Mortgagec Bank will have right to recover its dues from the sale of the said Property if and when necessary, 9. The Mortgagors further covenants that, all costs, and expenses incurted by the Mortgagee Bank for enforcement of the security created hereby, by sale of these properties, shall be payable by the Mortgagors and shall be deemed te form part of the mortgage debt secured by the said depasit of title deeds. 10. The Mortgagors further agrees to execute in favour of Mortgagee Bank all necessary documents and to abide all rules Regarding Term loan facility with directives from Reserve Bank of India, which are applicable to this loan. tl. The Mortgagors hereby further declares and covenants that during the subsistance of this oan, the Mortgagors will not assign or alienate their interest in the mortgaged Property te anybody without the permission of Mortgagee Bank, 12. Thus the Mortgagors further assures that the said mortgaged Property (which is more particularly described in the Schedule-T written hereunder) is free from any encumbrance or charge and will remain unencumbered except this loan for all along till the repayment of this loan. This Property is also not subject to any litigation. The Mortgagors firther undertakes to keep the-mortgaged Property in good and proper condition as purdent manner, by paying ail sorts of taxes in respect of the same 13. The Mortgagors further covenants that they will insure and keep insured the Property, in the name of Mortgagee Bank and towo * RT Le handover such policy to the Mortgagee. If the Morttgagars Tile “ to act accordingly, it shall be lawful and optional forthe Mortgagee, to insure, keep insured the said premises and ail moneys spent for such purpose together with interest at the rate referred above shall be repaid by the Mortgagors to the Mortgagee on demand and until such payment, the Morigagee Bank shall be entitled to hold the said title deeds as security for the repayment thereof, |4, That in the event of the depreciation in value of the tmortgaged premises, the Morigagors shall from time to time and at all times at the Mortgagors’s own cost furnish such further security as may be considered reasonable and adequate by the Mortgagee PROVIDED that the decision of the Maortgagee on the nature and extent of the depreciation shall be final 15. That the Mortgagors/Borrowers shall pay all costs, charges and expenses between attorney and client in otherwise lawfully incurred or paid by the Mortgagee and incidental or in connection with these presents or its security and or paid by the Mortgagee and incidental to or in connection with these present or its security and incurred welt as for the assession or defence of the tights of the Mortgagee as for the demand realisation and recovery of the said principal sum interest and other moneys. payable to the Mortgagee and the same shall be on demand be paid by the Mortgagors with interest thereof at the rate aforesaid from the time to time of the same having been so incurred and until such payment, the same shall be a charge upon the mortgaged premises, 16. The Mortgagors further covenants that in the event of the Mortgagors’s failing to pay and discharge the amount due hereunder the Mortgagee shall at its own option also be entitled notwithstanding the power of sale, to file a suit/dispute against the Mortgagors for the recovery of the amount due from themortgaged Property described in the Schedule-I writtenFae -'9 g3yof 994 20 R088 hereunder, as well as from the Mortgagors enforce all the remedies of the holder of a simple mo: the Transfer of Property Act, 1882 17. All the obligations of Mortgagors and all the rights, remedies and power of the Mortgagee under the law of the time, being inforce except so far as they may be inconsistent with these presents shall be deemed to be incorporated in these presents provided that the provisions of section 62, 65-A and 67-A respectively of Transfer of Property Act, 1988 shall not apply to these presents or to the: Mortgagors or the Mortgagee’s interest and this shall be deemed as a contract to the contrary for the purpose of these section. . 18. The Morgaged security shall be a security for all money from time to time due to the Mortgagee under a Term loan limit to be granted to the Mortgagors in the name of the Mortgagors and the Term loan is not the be considered to be closed for the purpose of this security and is not to be considered or deemed to be considered as satisfied or exhaused either by reason of the said ‘Term loan showing NIL balance or the said account is renewed by executing fresh set of documents or has been brought into credit any time from time to time or its being drawn upon to the full extent if afterwards responded by payment to credit or by any reason such account being and the other account being opened or by reason of any demand for repayment made by the Mortgagee. 19. The Mortgagors hereby declares that they are absolute owners of the said Praperty comprised in the deeds, evidence and writings mentioned in Scheduie-II, The said Property is owned and possessed by the Mortgagors as owners thereof and nobody else has any right interest, claim to the same. The Mortgagors further undertakes that they will keep this Property unencumbered and if anybody proves any interest in the Property,~ the Mortgagors will see that this Property will ret fs their ownership or they shail make repayment from her other properties. The Property to be mortgaged is owned by Mortgagors. 20. Previously the Mortgagor Nos. 1 & 3, by a registered Agreement of Assignment dt, 08/01/2002, purchased the Flat premises described in the Schedule I from Consenting Party, The said Agreement of Assignment is registered in the office of Sub- Registrar Haveli No.IV at Sr.No. 204/2002 dt. 09/01/2002 Thereafter the Mortgagor Nos.1 & 3 have paid total agreed consideration of the said Flat premises to Consenting Party. Thus the Mortgagor Nos.1 & 3 became sole & exclusive owners of the said Flat premises. The said fact is agreed and admitted by the Consenting Party, Therefore not arise any technical mistake, the Consenting Party has been admitted in the present Deed of Mortgege and the Consenting Party has given her consent to the present Deed of Mortgage. 21. The Mortgagors hereby assures that they will obtain prior permission of the Mortgage for obtain any loan from any other Bank / Financial Institution / Patsanstha, by mortgaging the said properties described in the Schedule I. 22. The Mortgagors agrees that they will hang a Board on the said property / business place i.e. “Financed by Jijamata Mahila Sahakari Bank Ltd., Shivaji Negar Branch, Pune ” 23. The Mortgagors obtained the loan vide sanction letter dt. 05/10/2010 of the Mortgagee Bank and the Mortgagors hereby agrees that ali the terms and conditions of the said loan sanction letter of the Mortgagee are accepted and binding on the Mortgagors. 24. The Mortgagors agrees to pay the stamp duty on this presents as well as registered charge and all expenses, chargesINST 93, Lao with the Sub-Registrar of Assurance at Pune and all & Mortgagee (as between Attorney and Client) and other charges if any, incurred, in connection with the stamping of these presents or the registration thereof with the Sub-Registrar of Assurances, and if any penalty or charges are paid by the Mortgagee the amount thereof with interest as aforesaid. SCHEDULE-1 DESCRIPTION OF THE PROPERTY MORTGAGED All that piece and parcel of the residential premises bearing Flat No. 9A on the First Floor, admeasuring about 691 Sq.Ft. Le. 61.20 Sq.Mtrs., in the building No. “A”, in the scheme/building known as “Atreya No.2 Co-Op. Housing Society Lid.”, which is constructed on the land bearing Survey No. 88/8/A/2, situated at Village Kothrud, within the registration Sub-District Taluka Haveli and rgistration District of Pune and within the limits of Pune Municipal Corperation and within the jurisdiction of Sub- Registrar Haveli, Pune, & total land bounded as under — ‘On or towards East Gujrat Colony On or towards West Survey No. 88/7 On or towards South PMC Road On or towards North PMC Road SCHEDULE-I DETAILS OF THE TITLE DEEDS DEPOSITED 1 Copy of Agreement of Assignment 2. Copy of statement of accountsFANT 9T 1 B20 IN WITNESS WHERFOF THE PARTIES HERETO HAV! SET & SUBSCRIBED THEIR RESPECTIVE HANDS THE DAY AND YEAR FIRST HEREINABOVE WRITTEN, WITNESS on 1) SIGN. NAMB ADDRESS. or . fre- . MR SANEEV COPATIL 2) SIGN, T . NAME _N ADDRESS: 3)MR C. B, PATIL giBiah’s HB a 4)MRS, RADHABAI 7. KADU MORTGAGORS PART@ fron after weet der Talia, git SS Bes Drea: wreeh-wrers 2688, u weft Ie, aa We Yit-30, B Weed, % 267 (10 /ceamt jeter of, eis aisha teat ‘a.uda werd eater vam: —aise are étatheygra, 15ea,emafte t,feom 2a, aso trea, prow feBer 14/08/2010 aaften sak seid etewte eferen was oka fers FATE Be sans odfer ecb yg ama STAR sr 1. mbag eer ~~ &.12,00,000/- 2 eae aa ER 3 miu OMGE =~ 43 one 4 Tai Se oo era 5. aft = a9 oe ate = %.20,000/~ azaeT +. 6. ao ani = ae wat weston wew ard asta, ae ames aa Watehen Fe 4, Woe A SU after Matar, ferdhar 8a at ‘31,10,000/- —12,00,000/— sate eftin ated fo xasraat ge Dats Geran 691 dhe. a 34,10,000/- __12,00,000/~ Bide Remaate eitece wal fe awa rach weet crates & atom Gement? sree TH wad ama. 7. snfaerarenct ark: 4 toner Beare eT 8. age conte eres vant oat tera Ais. nie aR TAT - w100/- sofia can = BA00/- ‘fiat ste de site - .190/~ aia ain 3800/- +(10.20@0B)R.381/- =R. 3,61/~ dedimmer i = - ——20,000/- 9, weg wbeSar over ae a er rae Be ere .1,20,000/- te we Te Gas, so. sched aemeict, wal oti, wars, tal vend, maar ed wae a wee aon ornare age wah eek ETE eH TAA RETEST grr Tad ear es tae ek lees en a ere RATT aT PRR REE are gas EMT AEs,ty 16 gue 19 ¢_/ 20 mead dona Aa, ‘wre, fer feo sec Phan ied eon wera ter ae emt oars AR, arem fiemenciere ative dee / er aiewrey ee han Alter sre et ert Het ‘fraanfan sat ara wim tome witaes viemsr ceo TEA TERE Soa Bes. 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