DEED OF MORTGAGE

MORTGAGE VALUE TK. 60,00,000/-

(TAKA SIXTY LAC) ONLY

THIS DEED OF MORTGAGE IS MADE ON THIS THE ______ DAY OF ____________,

2023 OF THE CHRISTIAN ERA.

BETWEEN

(i) MAIN UDDIN AHMAD, son of Amir Uddin Ahmad & Sharifun Nesa, Date of
Birth: 10.11.1952, bearing National ID No. 7317532989, & (ii) RUKSANA BEGUM,
wife of Main Uddin Ahmad, Date of Birth: 01.02.1962, bearing National ID No.
5067521319, having their permanent & present address at House/Holding: 9/1-A,
Village/Road: Chandra Mohon Basak Street, Post Office: Wari, Police Station:
Sutrapur, Dhaka, By Religion: Islam, By Nationality: Bangladeshi by Birth,
hereinafter referred to as the MORTGAGORS (which expression shall unless
excluded by or repugnant to the context mean and include their successors-in-
interest, legal representatives, executors, administrators and assigns) of THE ONE
PART.

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 AND

TRUST BANK LIMITED, a banking Company duly incorporated under the relevant
laws of the land having its Corporate Head office at Shadhinata Tower, Bir Sreshtha
Shaheed Jahangir Gate, Dhaka Cantonment, Dhaka 1206, Bangladesh, and one of
its Branch offices namely Trust Bank Limited, Dholaikhal SME Service Center,
31/1 Lalmohan Shah Street, Dholaikhal, Dhaka, hereinafter referred to as the
MORTGAGEE BANK (which expression shall unless excluded by or repugnant to
the context mean and include its successors, legal representatives, executors,
administrators and assigns) of THE OTHER PART.

The Chronological History of the Schedule Property

(i) In respect of Property of Sale Deed No. 4798 dated 12.04.1994;

AND WHEREAS, the present owner of the property, i.e. Main Uddin Ahmad, son of
Amir Uddin Ahmad & Sharifun Nesa, acquired the property more fully described in
the SCHEDULE-A by way of purchase vide Sale Deed No. 4798 dated 12.04.1994
from Sree Kamlesh Chandra Chanda, son of Late Ganesh Chandra Chanda.

AND WHEREAS, Sree Kamlesh Chandra Chanda, son of Late Ganesh Chandra
Chanda, acquired the property more fully described in the SCHEDULE-A by way of
inheritance from his father, i.e. Late Ganesh Chandra Chanda, son of Darika Nath
Chandra.

AND WHEREAS, the name of Ganesh Chandra Chanda, son of Darika Nath
Chandra, has been recorded in the respective S.A. & B.R.S. Khatian.

AND WHEREAS, the name of present owner of the property, i.e. Main Uddin
Ahmad, son of Amir Uddin Ahmad & Sharifun Nesa, has been duly recorded in the
Mutation Khatian as per Mutation & Separation Case No. 17813(IX-I)/2021-22
dated 13.06.2022, in respect of the SCHEDULE-A property, pertaining to Plot No.
61, under Jote No. 76.

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 (ii) In respect of Property of Sale Deed No. 8347 dated 03.09.1996;

AND WHEREAS, the present owner of the property, i.e. Ruksana Begum, wife of
Main Uddin Ahmad, acquired the property more fully described in the SCHEDULE-
B by way of purchase vide Sale Deed No. 8347 dated 03.09.1996 from Sree
Shailesh Chandra Chanda, son of Late Ganesh Chandra Chanda.

AND WHEREAS, Sree Shailesh Chandra Chanda, son of Late Ganesh Chandra
Chanda, acquired the property more fully described in the SCHEDULE-B by way of
inheritance from his father, i.e. Late Ganesh Chandra Chanda, son of Darika Nath
Chandra.

AND WHEREAS, the name of Ganesh Chandra Chanda, son of Darika Nath
Chandra, has been recorded in the respective S.A. & B.R.S. Khatian.

AND WHEREAS, the name of present owner of the property, i.e. Ruksana Begum,
wife of Main Uddin Ahmad, has been duly recorded in the Mutation Khatian as per
Mutation & Separation Case No. 17811(IX-I)/2021-22 dated 16.06.2022, in respect
of the SCHEDULE-B property, pertaining to Plot No. 61, under Jote No. 78.

(iii) In respect of Property of Sale Deed No. 6016 dated 29.05.1994;

AND WHEREAS, the present owner of the property, i.e. Main Uddin Ahmad, son of
Amir Uddin Ahmad & Sharifun Nesa, acquired the property more fully described in
the SCHEDULE-C by way of purchase vide Sale Deed No. 6016 dated 29.05.1994
from Abed Uddin Ahmad, son of Amir Uddin Ahmad.

AND WHEREAS, Abed Uddin Ahmad, son of Amir Uddin Ahmad, acquired the
property more fully described in the SCHEDULE-C by way of inheritance from his
father, i.e. Late Amir Uddin Ahmad.

AND WHEREAS, Amir Uddin Ahmad, son of Late Md. Sheik Riaz Uddin Ahmad,
acquired some property more fully described in the SCHEDULE-C by way of

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exchange vide Exchange Deed No. 894 dated 20.01.1968 from Md. Sobdor Ali
Akunda, son of Late Somsher Ali.
AND WHEREAS, Amir Uddin Ahmad, son of Late Md. Sheik Riaz Uddin Ahmad,
also acquired some property more fully described in the SCHEDULE-C by way of
purchase vide Sale Deed No. 881 dated 20.01.1968 from Md. Kaimoddin Sarkar,
son of Late Amin Sheik.

AND WHEREAS, Amir Uddin Ahmad, son of Late Md. Sheik Riaz Uddin Ahmad,
also acquired some property more fully described in the SCHEDULE-C by way of
purchase vide Sale Deed No. 2911 dated 09.04.1964 from Md. Masud Ali Sheik, son
of Late Chobi Sheik.

AND WHEREAS, Md. Kaimoddin Sarkar, son of Late Amin Sheik, acquired the
property more fully described in the SCHEDULE-C by way of purchase vide Sale
Deed No. 3906 dated 20.04.1963 from Md. Sobdor Ali Akunda, son of Late Somsher
Ali.

AND WHEREAS, Md. Masud Ali Sheik, son of Late Chobi Sheik, acquired the
property more fully described in the SCHEDULE-C by way of purchase vide Sale
Deed No. 1346 dated 06.02.1963 from Md. Sobdor Ali Akunda, son of Late Somsher
Ali.

AND WHEREAS, Md. Sobdor Ali Akunda, son of Late Somsher Ali, acquired the
property more fully described in the SCHEDULE-C by way of purchase vide Sale
Deed dated 03.01.1946 from (i) Sree Mohini Mohon Dey, daughter of Late Horo
Kishore Dey, (ii) Sree Dhirendra Chandra Dey, son of Late Kali Kishore Dey.

AND WHEREAS, the name of Md. Sobdor Ali Akunda, son of Late Somsher Ali, has
been recorded in the respective S.A. Khatian.

AND WHEREAS, the name of present owner of the property, i.e. Main Uddin
Ahmad, has been duly recorded in the B.R.S. Khatian No. 44, in respect of the
SCHEDULE-C property, pertaining to Plot Nos. 49, 50, under Jote No. 44.

AND WHEREAS, the MORTGAGORS above named have offered the scheduled
property as security for the Credit finance facilities allowed to the BORROWER and
the MORTGAGEE BANK has agreed to accept the same as legal mortgage.

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WHEREAS:

a) TASMIYA TRADING CORPORATION, a proprietorship concern of SHEIK

IFTEKHAR UDDIN AHMED, son of Main Uddin Ahmad & Ruksana Begum,
Date of Birth: 01.03.1982, bearing National ID No. 9117533779, & e-TIN No.
759532734272, having permanent & present address at House/Holding: 9/1-
A, Village/Road: Chandra Mohon Basak Street, Post Office: Wari, Police
Station: Sutrapur, Dhaka, By Religion- Islam, By Nationality- Bangladeshi by
Birth, hereinafter referred to as the BORROWER, has approached to the
MORTGAGEE BANK for credit facilities, and the MORTGAGEE BANK has
agreed to approve the credit facilities in the form of Fresh Revolving Time
loan (work order) limit of Tk. 60,00,000/- (Taka Sixty Lac) only, to the
BORROWER on the terms and conditions of the Branch Sanction Letter No.
TBL/DKL/Credit/Sanction/2023/46 dated 05.04.2023, (hereinafter
referred to as the Sanction Letters) and on condition, inter-alia, that the
MORTGAGORS shall mortgage their property more fully described in the
schedule below.

b) The MORTGAGORS have offered the scheduled property as security for the
aforesaid Credit facilities to be availed by the BORROWER and has offered to
create legal mortgage on the said property. The MORTGAGEE BANK has agreed
to take said registered mortgage of the scheduled property for an aggregate
amount of Tk. 60,00,000/- (Taka Sixty Lac) only, as security for the said
facilities given to the BORROWER.

NOW THIS DEED OF MORTGAGE WITNESSES AS UNDER:

1. In consideration of credit facilities for an aggregate amount of

Tk. 60,00,000/- (Taka Sixty Lac) only, to be given by the MORTGAGEE
BANK to the BORROWER, the MORTGAGORS hereby transfer and convey by

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 way of legal mortgage whole of the schedule property that given below along
with all rights, interests, easements and structures belonging thereto as
security for repayment of the aforesaid credit facilities to be given by the
MORTGAGEE BANK to the BORROWER.
2. If the BORROWER fails to repay the aforesaid facilities to the MORTGAGEE
BANK in the manner stated in the Sanction Letters then the MORTGAGEE
BANK shall be entitled to recover the outstanding dues from the
MORTGAGORS under these presents by sale of the mortgaged property
without intervention of the Court of law.

3. It is further stated that the MORTGAGEE BANK, if necessary, shall be

entitled to sell the mortgaged property without intervention of any Court of
law at its own discretion as per provisions of the section 69 of The Transfer
of Property Act, 1882 as well as Section 12 of The Artha Rin Adalat Ain,
2003 and the same shall be regarded as valid and binding on all the parties,
to which the MORTGAGORS shall not object.

4. That the property hereby mortgaged shall be kept in good condition at the
cost and expenses of the MORTGAGORS.

5. That the MORTGAGORS shall not allow any receiver to be appointed for the
mortgaged property except at the instance of the MORTGAGEE BANK, who
shall always at its discretion be able to appoint a Receiver for the said
property nor shall any distress or execution be levied or enforced upon or
against the said property or any attempt to create any charge or mortgage on
the said property which may prejudice the security hereby created shall be
illegal and of no effect.

6. That the MORTGAGORS hereby declare that the property hereby mortgaged
are free from all encumbrances and the MORTGAGORS are legally entitled to
mortgage the property with the MORTGAGEE BANK by way of registered
mortgage.

7. That the MORTGAGORS hereby declare that all information regarding the
schedule properties are correct and true, in this case if any dispute arises
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 regarding the schedule property and the aforesaid investment facility, then
the MORTGAGOR-BORROWER shall be legally liable.

8. That the MORTGAGORS shall permit the MORTGAGEE BANK, its agent,
employees, and nominees from time to time to enter into or upon the
mortgaged property or any part thereof and to view, inspect and value the
same and take inventories thereof, as and when necessary.

9. That the MORTGAGORS hereby agree that they shall pay all taxes and rates
which have or may become payable on the property now mortgaged with the
MORTGAGEE BANK and agree to indemnify the MORTGAGEE BANK for any
default of the BORROWER in making such payments.

10. That the MORTGAGORS hereby agree that neither this mortgage nor any
thing contained herein shall impair, extinguish, limit or otherwise
prejudicially affect all or any of the rights, remedies, privileges, benefits or
securities or guarantees which the MORTGAGEE BANK has acquired or may
acquire hereinafter or that may otherwise be available to the MORTGAGEE
BANK.

11. That the MORTGAGEE BANK shall not be liable for losses or harms or
detriments, which may occur in exercise of the powers, contained herein.

12. That the mortgaged property, if at any time is requisitioned and/or acquired,
the entire compensation money thus awarded shall be drawn by the
MORTGAGEE BANK and it shall be adjusted as its own dues and the
MORTGAGEE BANK shall pay the balance, if any, to the MORTGAGORS
thereafter. If there is any shortfall, the MORTGAGORS shall adjust the same
immediately on demand by the MORTGAGEE BANK.

13. That the MORTGAGEE BANK in its option is entitled to realize any income
derived from the mortgaged property and to adjust the same against the
liability of the BORROWER.

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14. That the MORTGAGEE BANK shall have the right to grant further and/or
additional financial accommodation to the BORROWER and in that case this
deed of mortgage shall continue and subsist for further and/or additional
financial accommodation also and the MORTGAGEE BANK shall have the
right to take necessary action for recovery of all legitimate dues on the terms
and conditions of this indenture of mortgage.

15. That the MORTGAGEE BANK is at liberty to enforce the mortgage at any
time if the BORROWER fails or default to repay the Credit facilities as per
the schedule of payment.

16. That the MORTGAGORS hereby agree that this Deed of Mortgage shall
remain in force for the any subsequent advances.

17. That on repayment of the Credit Finance Facilities and on payment of all
interests and other charges due thereon the MORTGAGORS at their own
costs shall be entitled to redeem the mortgaged property from the
MORTGAGEE BANK free from all encumbrances and charges accruing on
the MORTGAGEE BANK and on such redemption this mortgage shall be
deemed to have been extinguished.

18. That if the MORTGAGEE BANK suffers any loss due to concealment of fact
or falsehood regarding title and ownership of the transferred lands, then the
MORTGAGORS shall be bound to return the amount shown in the deed
along with compensation and for such acts; the MORTGAGORS shall be
treated in accordance with law.

19. In the event of any subsequent

advances/enhancement/re-fixation/downward revision/renewal/specific
deal basis of any credit facilities in any manner be availed by the
BORROWER in future from the MORTGAGEE BANK; this instant mortgage
shall remain in force for subsequent advances/
enhancement/re-fixation/downward revision/renewal/specific deal and
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 shall be treated as a continued one, which automatically shall create
liabilities/ responsibilities/duties/charges as described here in this legal
mortgage-against the BORROWER and hereby the MORTGAGORS also
affirm/declare/agree that on such occasion the MORTGAGEE BANK shall
have the full authority to sale the Scheduled Properties of this mortgage on
the event of any default of the credit facility(s) availed by the BORROWER &
the MORTGAGEE BANK, if necessary, shall be entitled to sell the Scheduled
Property without intervention of any Court of law at its own discretion as
provided in section 69 of the Transfer of Property Act & also as provided
under section 12 of the Artha Rin Adalat Ain, 2003 and the same shall be
regarded as valid and binding on all the parties, to which the MORTGAGORS
will not object.

SCHEDULE OF THE PROPERTY

(i) In respect of Property of Sale Deed No. 4798 dated 12.04.1994;

SCHEDULE-A
All that piece and parcel of land measuring an area of 59.00 (Fifty Nine Point
Zero Zero) decimals, situated within District: Mymensingh, Police Station: Kotwali,
Sub-registry Office: Mymensingh Sadar, J.L. No. 26, Mouza- Terkahniya, C.S.
Khatian No. 05, S.A. (R.O.R) Khatian No. 06, B.R.S. D.P. Khatian No. 07, B.R.S.
Khatian No. 32, Mutation Khatian No. 77 as per Mutation & Separation Case No.
17813(IX-I)/2021-22 dated 13.06.2022, under Jote No. 76, C.S. & S.A. Plot No. 37,
& B.R.S. Plot No. 61, being butted and bounded by-

On the North- Shailesh Chandra;

On the South- Shams Uddin & others;
On the East- Main Uddin Ahmad & Shams Uddin; &

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On the West- Govt. Road.

(ii) In respect of Property of Sale Deed No. 8347 dated 03.09.1996;

SCHEDULE-B

All that piece and parcel of land measuring an area of 59.00 (Fifty Nine Point
Zero Zero) decimals, situated within District: Mymensingh, Police Station: Kotwali,
Sub-registry Office: Mymensingh Sadar, J.L. No. 26, Mouza- Terkahniya, C.S.
Khatian No. 05, S.A. (R.O.R) Khatian No. 06, B.R.S. D.P. Khatian No. 07, B.R.S.
Khatian No. 32, Mutation Khatian No. 79 as per Mutation & Separation Case No.
17811(IX-I)/2021-22 dated 16.06.2022, under Jote No. 78, C.S. & S.A. Plot No. 37,
& B.R.S. Plot No. 61, being butted and bounded by-

On the North- Plot No. 36 (Possessor-Nayebullah);

On the South- Possessor-Sheik Main Uddin Ahmad;
On the East- Possessor-Sheik Main Uddin Ahmad; &
On the West- Govt. Road.

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 (iii) In respect of Property of Sale Deed No. 6016 dated 29.05.1994;

SCHEDULE-C

All that piece and parcel of land measuring an area of 79.00 (Seventy Nine Point
Zero Zero) decimals, situated within District: Mymensingh, Police Station: Kotwali,
Sub-registry Office: Mymensingh Sadar, J.L. No. 26, Mouza- Terkahniya, Sabek
Khatian No. 03, B.R.S. Khatian No. 44, under Jote No. 44.

C.S. & S.A. Plot No. 24, & B.R.S. Plot No. 49, land measuring an area of 53.00
decimals of land;

C.S. & S.A. Plot No. 25, & B.R.S. Plot No. 50, land measuring an area of 26.00
decimals of land;

Total measuring an area of (53.00 + 26.00) = 79.00 (Seventy Nine Point Zero Zero)
decimals, being butted and bounded by-

On the North- _________________;

On the South- _________________;
On the East- ___________________; &
On the West- ___________________.

In respect of the Schedule A, B, & C property, the total land measuring an area of
(59.00 + 59.00 + 79.00) = 197.00 (One Hundred Ninety Seven Point Zero Zero)

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decimals along with all other structures and buildings constructed and/or to be
constructed thereon together with all other rights, interests, title, easements,
benefits etc., attached thereto or appertaining to the land.

IN WITNESS WHEREOF, THE MORTGAGORS HEREINTO SETS THEIR

SIGNATURE ON THE DAY, MONTH AND YEAR MENTIONED ABOVE.

Signed in the presence of

(signatures, names and Addresses
of the witnesses).

__________________________________
1. (i) MAIN UDDIN AHMAD
Son of Amir Uddin Ahmad & Sharifun
Nesa

__________________________________
2. (ii) RUKSANA BEGUM
Wife of Main Uddin Ahmad

(M O R T G A G O R S)

Drafted By:

Mostafizur Rahman Hawlader

Advocate
Membership No. 9924
Supreme Court of Bangladesh

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 For:
M. R Hawlader & Associates
3/4-A, Purana Paltan, Shabbir
Tower (5th Floor), Room-603, Dhaka-
1000
(Affidavit as per President’s Order No. 142 of 1972, Section 52A(g) of Registration
Act 1908 and Section 53 E of Transfer of Property Act, 1882)

AFFIDAVIT

To,
The Sub-Registrar
Mymensingh Sadar, Mymensingh

We, (i) MAIN UDDIN AHMAD, son of Amir Uddin Ahmad & Sharifun Nesa, Date of
Birth: 10.11.1952, bearing National ID No. 7317532989, & (ii) RUKSANA BEGUM,
wife of Main Uddin Ahmad, Date of Birth: 01.02.1962, bearing National ID No.
5067521319, having their permanent & present address at House/Holding: 9/1-A,
Village/Road: Chandra Mohon Basak Street, Post Office: Wari, Police Station:
Sutrapur, Dhaka, By Religion: Islam, By Nationality: Bangladeshi by Birth, do
hereby affirm and say as follows-

1) That we are the nationals and permanent residents of Bangladesh.

2) That we are the absolute owners of the scheduled property and have legal
entity and right on the scheduled property.

3) That the immovable property mentioned in the Deed of property.

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 (a) Is not abandoned property within the meaning of Bangladesh
abandoned property order, 1972 (P. O. No. 16 of 1972),

(b) Is not under attachment under P. O. No. 8 of 1972.

(c) Has not vested in or does not stand forfeited to the Govt. under any
law for the time being in force.

(d) Has been correctly described and the applicants have every right on
the described property.

(e) Has not been sold, mortgaged or transferred to any other party.

4) That the property mentioned in the schedule of the deed does not contravene
any provision of any other law for the time being in force.

5) That the property mentioned in the schedule of the deed has not been shown
undervalued.

6) That no agreement, contract or Baina Nama has been signed or executed in

favour of any other party regarding the scheduled property.

7) That the property is not liable to be void under Article 5 A of Bangladesh

land holding (Limitation) order (P. O. No. 98 of 1972).

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 8) That the statements made above are true of our knowledge and we sign this
affidavit before the authority concern, this the ________ day of _________
2023 of the Christian Era.

______________________________ ______________________________
Identifier
The deponents are known to me
and identified by me and they
have signed their name in my
______________________________
presence.
(D e p o n e n t s)

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