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Modt Draft Nandi Hotel
Modt Draft Nandi Hotel
in favor of
The Borrower(s) and the Lender shall hereinafter be collectively referred to as the “Parties” and
individually as a “Party”.
WHEREAS:
A. The Lender under a Sanction Letter as mentioned in Schedule I agreed to grant/granted Loan
Facility/ties (“the Facility/ties”) of the amount as mentioned in Sr. no. 9 of Schedule I. In terms of
the above Sanction Letter, Borrower, the Co-Borrower(s) and the Lender have executed Master
Facility Agreement/Loan Agreement in favour of Lender on terms and conditions as specified
therein.
B. The Borrower(s)/Mortgagor are/is seized and possessed of the Property/ies more particularly
described against their names in the Schedule II (i.e., Description of Properties).
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C. The Lender has been induced to grant the financial Facility on the assurance that the
Borrower/Mortgagor(s) shall create mortgage/charge over the immovable properties belongs to
him/her and accordingly the Borrower/Mortgagor attended the Lender’s office at the branch as
mentioned at Sr. no. 3 of Schedule I, and deposited the original documents of title, title deeds,
documents and writings as described in Schedule III herein- below, relating to
Borrower’s/Mortgagor’s Property/ies more particularly described under Schedule II hereunder.
(hereinafter referred to as “said Property/ies”), with an intent that the said title deeds so deposited
as and by way of security by deposit of title deeds in favour of the Lender with respect of the
Borrower/Mortgagor(s) Property/ies as security for the due repayment/payment of the Borrower’s
due in respect of the Facility granted to the Borrower(s) as mentioned at Sr. no. 9 of Schedule I
including the principal amount of the Facility/ies, interest, liquidated damages, cost, charges and
expenses and all other monies whatsoever due and payable by the Borrower(s) to the Lender,
(hereinafter collectively referred to as “the Outstanding’s”)
D. The Borrower/Mortgagor, at the time the said deposit of title deeds, further declared and represented
to the Lender, inter-alia, that the Borrower/Mortgagor( is/are the absolute owner(s) of the said
Property/ies and having absolute/ full right, title and interest of any nature whatsoever in the said
Property/ies, that the Borrower/Mortgagor/Depositor(s) has the right to create a security over and in
respect of the said Property/ies, that the title deeds, documents and writings set out in Schedule III
herein-below relating to the said Property/ies are the only original documents of title relating to the
said Property/ies and that the same have/had been deposited with the Lender, as aforesaid, and that
they would remain as security till the entire Outstanding’s in respect of the Facility secured by deposit
of title deeds, are paid/repaid to the Lender in full by the Borrower(s) and/or Mortgagor .
1. This Memorandum of Deposit of Title Deeds is executed in pursuant to the Master Facility
Agreement/Loan Agreement and other Documents (“Financing Documents”). Capitalized terms
used but not defined herein shall have the meaning ascribed to such terms in the Master Facility
Agreement.
2. The term “Borrower” wherever used in this Memorandum shall, unless the context otherwise
requires, also include, mean and refer to the Co-Borrower, if any.
3. When there is more than one Borrower (including a Co-Borrower), the word “Borrower” shall be
construed as “Borrowers” or any one of them, as the context may require, and the grammar and
construction of every concerned sentence shall be deemed to be appropriately amended so as to
indicate more than one Borrower or any one of them.
4. The Mortgagor/Borrower confirms, agrees and records that the Mortgagor/Borrower has deposited
Title Deeds with the authorized representative of the Lender with an intent to create a security by
For Protium Finance Limited (Authorized Signatory)
For Borrower/ Mortgagor:
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way of mortgage by deposit of title deeds in respect of the said Property/ies, in favour of Lender, on
date as specified in the Schedule I at the place as specified in Schedule I hereto and the Borrower
further confirms that the Lender shall be entitled to enforce the mortgage created hereunder at any
time, forthwith upon the occurrence of an Event of Default under the Financing Documents,
including upon any failure by the Borrower to pay / repay the Outstanding’s/Mortgage Debt or any
portion thereof in a timely manner.
5. The Borrower(s)/Mortgagor has/have given explicit consent to the Lender to continue to hold and
retain the documents of title, evidence, deeds and writings more particularly described in the
Schedule II (Description of Title Deeds) as Security by way of Deposit of Title Deeds in respect of
the Mortgagor’s rights title and interest in the said Property/ies to secure the repayment of the
Secured Obligations by the Borrower(s)/Mortgagor pursuant to the terms of Facility Agreement.
6. The Borrower(s)/Mortgagor confirms that the Mortgagor/Borrower(s) is/are absolute owner of the
Property/ies;
7. The Mortgagor/Borrower(s) confirms that the security created by this Memorandum shall secure all
earlier, present and future Facility, granted or continued or that may be granted or continued under
or in respect of the Facility and that it shall subsist notwithstanding the granting of totally new limits,
Facility or account/s coming into credit, or interchangeability of limits, cancellation of certain limits,
etc.
8. Any additional documents, evidences, and writings, relating to the Property/ies which may, from
time to time, be received by or be in control, power of possession of the Borrower(s)/Mortgagor or
any agent or nominee of the Mortgagor/Borrower(s) will be delivered forthwith to, and deposited
with the Lender to Secure the Obligations;
9. The Mortgagor/Borrower(s) has/have obtained all requisite consents, governmental approval,
authorizations and clearances.
10. The Mortgagor/Borrower(s) has/have a good, clear and marketable title of the said Property/ies;
11. The Mortgagor/Borrower(s) hereby confirms and declares that there is no security interest, lien
or other encumbrance or attachment on the Property/ies or any part or parts thereof in favor of the
government or the income come tax department or any other governmental authority, or any person
firm or, body corporate or society or entity whatsoever and that the Mortgagor/Borrower(s) has/have
not entered into any agreement for sale, transfer or alienation thereof or any part or parts thereof and
that no such security, charge or lien or other encumbrance whatsoever will be created or attachment
allowed to be levied on the Property/ies or any parts or part thereof in favor of or on behalf of the
government or governmental authority or any person, firm, body corporate or society or entity
whatsoever for the security created, other than created and perfected pursuant to the Permitted
Indebtedness and Permitted Security Interest as defined in the Master Facility Agreement/Loan
Agreement, or any other transaction document so long as the Obligations are Outstanding.
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12. The Mortgagor/Borrower(s) hereby unconditionally and irrevocably agrees and confirm that
immovable Property/ies set out in the Schedules hereunder including the Scheduled Property/ies FSI,
shall not be utilized to develop any other Property/ies without prior written consent of Lender.
13. The Mortgagor/Borrower hereby declares, represents to and covenants with the Lender as
follows:-
(i) that the Mortgagor/Borrower has duly paid and discharged in full all the dues and
liabilities in respect of the said Property/ies including the municipal outgoings,
penalties, levies, taxes, rates, maintenance charges, stamp duty, registration charges etc.
payable till date and shall continue to do so until the said Outstanding/mortgage Debt
is fully repaid;
(ii) that the Mortgagor/Borrower has full power, absolute power and is well and sufficiently
entitled to the said Property/ies and the title of the Mortgagor/Borrower to the said
Property/ies is free from all encumbrances and reasonable doubts;
(iii) that the Borrower is duly entitled to create security over the said Property/ies in favour
of the Lender and no other Person has any right, title or interest over the said
Property/ies, except the Borrower/Mortgagor.
(iv) that notwithstanding any act, deed, matter or thing whatsoever done, omitted by the
Mortgagor/Borrower or any Person or Persons lawfully and equitably claiming by,
from, through or in trust for the Mortgagor/Borrower, the Mortgagor/Borrower has full
power and absolute authority in its own right to mortgage the said Property/ies and/or
to create the said security in favour of the Lender;
(v) that neither the Mortgagor/ Borrower nor any Person on its behalf has committed or
omitted any act, deed, matter or thing whereby its right to peaceful use, occupation,
ownership and enjoyment of the said Property/ies and other rights and benefits in
respect thereof may become or be prejudicially affected or encumbered in any manner
or whereby its right, title and interest therein may become liable to attachment and/or
sale whether by a decree or order of any competent court or otherwise;
(vi) that the Mortgagor/Borrower is not aware of any act, deed, matter, thing or
circumstance which prevents it from creating a mortgage by deposit of title deeds over
the said Property/ies;
(vii) there are no tenants, unauthorized occupants, trespassers or encroachments on the said
Property/ies or any part thereof;
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(viii) there have never been and there are now no proceedings by way of suit, petition,
application, criminal complaint, proceedings in any civil/criminal court or any judicial,
revenue, arbitration proceedings or otherwise instituted by or against the
Mortgagor/Borrower in respect of the said Property/ies or otherwise against the
Mortgagor/Borrower(s) and pending in any court or tribunal or before any taxation,
revenue, municipal or other authority or body which are likely to or may affect the said
Property/ies and no part of the said Property/ies has ever been subject to a lis pendens;
(ix) no notice from any government or any taxation, revenue, municipal or other public
body or authority has been ever served upon the Mortgagor/Borrower(s) in respect of
the said Property/ies or any part thereof that would have restricted or affected, or
restricts or affects or may restrict or affect in any manner the Borrower’s right to deal
with the said Property/ies in the manner it thinks fit;
(xi) no occasion has arisen or is likely to arise whereby the Mortgagor/Borrower will be in
any manner prevented from dealing with the said Property/ies or whereby its right to
deal with the said Property/ies is or is likely to be prejudicially or adversely affected;
(xii) there is no injunction or any other order from any court, collector, revenue authority,
municipal corporation, municipal council, village panchayat or any other authority or
body for any taxation or other dues disentitling or restraining the
Mortgagor/Borrower(s) from dealing with the said Property/ies;
(xiii) the Mortgagor/Borrower is entitled to and possessed of the said Property/ies and it has,
wherever necessary, whether under Applicable Law or any agreement or other
document by which it (or any of its assets or properties) may be bound or by virtue of
any other liability which the it may have, whether under equity or contract or under
Applicable Law, obtained all necessary approvals / consents in order to create the
mortgage created hereunder;
(xiv) neither the execution and delivery by the Mortgagor/Borrower of this Memorandum,
nor the Borrower’s compliance with or performance of the terms and provisions hereof
will contravene any provision of Applicable Law nor violate any provision of its
constitutional documents or any agreement or other document by which the Borrower
(or any of its properties) may be bound;
(xv) it does not require the consent of the Assessing Officer under Section 281 of the Income
Tax Act, 1961 for the purpose of creating a registered mortgage over the said
Property/ies, as contemplated hereunder;
For Protium Finance Limited (Authorized Signatory)
For Borrower/ Mortgagor:
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(xvi) this Memorandum has been stamped adequately and sufficiently, as per the provisions
of Applicable Law.
14. The Mortgagor/Borrower(s) agrees and covenants with the Lender that all costs, charges and
expenses incurred by the Lender for defending the title of the Mortgagor/Borrower(s) to the said
Property/ies, if need arises and for enforcement of the said security created in its favour shall be
payable by the Borrower(s) and shall be deemed to form part of the Facility/ Debt/Outstanding
secured by the said deposit of Title Deeds.
15. The Lender shall have the option to call upon the Mortgagor/Borrower(s) to execute and register
in favour of the Lender a registered mortgage (or such other type of mortgage as the Lender may
desire) over the said Property/ies or any part thereof, at the entire cost and expense of the
Mortgagor/Borrower(s), with such powers and provisions and in such form as the Lender may require
for further and better securing the Facility/Outstanding, and the Mortgagor and Borrower(s) shall be
bound to act upon the request of the Lender as such.
16. All stamp duty and any other charges, if any, required to be paid on or in connection this
Memorandum as also all incidental cost and expenses thereof have been paid and borne solely by the
Mortgagor/Borrower(s). The Borrower(s) shall be liable to forthwith make payment of any penalty,
charges or costs in relation to the stamping and/or registration of this Memorandum in accordance
with Applicable Law, from time to time. The Borrower(s) hereby agrees and covenants that if any
penalty or legal costs or any other charges are paid / payable by the Lender (without being obligated
to) for the stamping and/or registration of this Indenture or any supplement or addition thereto or any
other additional security documents by the Lender, and if the Borrower(s) has not reimbursed / paid
to the Lender such amounts or sums, within 2 (Two) days from any demand made by the Lender, the
Borrower(s) shall pay to the Lender the amount thereof with Default Interest, from the date of
payment by the Lender until the date of repayment by the Borrower.
SCHEDULE I
2 Address of the Mortgagor SITE NO 130 BBMP KATHA NO 135 BASAVANNA NAGARA
HOODI KRISHNARAJAPURA HOBLI BANGALORE EAST TALUKU
BANGALORE
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3 Branch Address of the Lender Sangeetha Complex, 2nd Floor, BM Road, Bidadi – 562109
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SCHEDULE II
(Description of Property)
All the piece and parcel of the property bearing Site No. 130, BBMP Katha
No. 135, measuring East to West 16 feet and North to South 27 feet, total
measuring 432 Sq. feet, situated at Basavanna Nagara, Hoodi,
Krishnarajapura Hobli, Bangalore East Taluk and bounded on :
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3. 29-09-2009. House-/Site Allotment Letter, issued by Original.
The EE and AEE, Karnataka Slum
Development Board, Bangalore in favour
of Smt. Nanjamma.
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Home Finance Ltd., in favour of present
owner Sri. T. Venkateshappa, which is
duly registered as Document No. KRI-1-
20391/2023-24, Book1, Registered on 15-
03-2024 and Registered at SRO, K.R.
Puram, Bangalore.
IN WITNESS WHEREOF the Borrower, the Co-Borrower(s) and the Lender have signed this
Memorandum of Deposit of Title Deeds on the date and at the place mentioned in Schedule I hereto.
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WITNESS
1.
2.
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