DEED OF SUPPLEMENTAL SIMPLE MORTGAGE
THIS DEED OF SIMPLE MORTAGE is made and executed at Bahour on this
30th Day of January 2025,
BETWEEN
Mrs. S. JAYANTHI (Aadhaar No.8615 5717 9206) Aged about 58 Years W/o
Sankar, Residing at No.11, Mariamman Koil Street, Periyapet, Villianur
Commune, Puducherry-605110. (Hereinafter referred to as “the Mortgagor”,
which term shall be deemed to mean ad include his legal representatives,
successors-in-interest and assigns.
AND
Shriram Finance Limited, a non-banking financial company duly registered
under the Reserve Bank of India Act, and having its registered office at
Sri Towers, South phase, industrial Estate, Guindy, Chennai – 600 032, and
represented by its Sales Executive Officer Mr.R.CHANDRU (EMP
NO.128080) Pondicherry Branch (hereinafter referred to as “The Mortgagee”,
which term shall be deemed to mean and include its successors-in-interest and
assigns)
WHEREAS the Mortgagor has entered into a Enterprise Finance
Agreement Dated 30-01-2025 (hereinafter referred to as the “Finance
Agreement”) with the Mortgagee, where by the Mortgagee has advanced
monies to the Mortgagor [and another/others] for the purpose of Business
Development AND WHEREAS the Mortgagor has agreed to offer the
property more fully described in the schedule hereunder as security,
Mrs. S. JAYANTHI got the same by the way of SALE DEED, dated 28-10-
2014 registered as Doc.No. 4975/2014, Book-1 in the Sub registrar office of
Villianur for monies advanced and to be advanced by the Mortgagee, under
the Finance Agreement, together with interest thereon, and all cost, taxes and
expenses, applicable and incidental thereto.
Mortgagee Mortgagor
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NOW THEREFORE, THIS DEED WITNESSES AS FOLLOWS:
● THAT in pursuance to the above understanding and in consideration
of the payment of the sum of Rs.4,50,000/- (Rupees FOUR LAKHS FIFTY
THOUSAND Only) at or before the execution of these presents paid by the
Mortgagee, to the mortgagor and the other parties named in the Financial
Agreement, the receipt whereof, the Mortgagor hereby admits and
acknowledges, and of and from the same hereby release and discharge the
Mortgagee, the Mortgagor hereby covenants with the Mortgagee that he will
pay on the 05th day of every month (hereinafter called “the date of
repayment”) the Sum of Rs.13,689/- (Rupees Thirteen thousand Six
hundred and Eighty Nine only) for 60/-months together with effective
thereon, and all costs, taxes and expenses, applicable and incidental thereto
(hereinafter referred to as “the Mortgage Money”), in accordance with the
terms of the Finance Agreement.
(2) THAT in consideration of the aforesaid advances by the Mortgagee, the
Mortgagor do the hereby transfer by way of mortgage the property more
particularly described in the Schedule hereunder, as security for repayment of
the Mortgage Money, with the condition that the Mortgagor, his heirs,
executors, administrators or assigns shall on the Date of Repayment pay to
Mortgagee, his heirs, executors, administrators, or assigns, the Mortgage
Money mentioned above, and upon such payment, the Mortgagee, his heirs
executors, administrators or assigns shall at any time thereafter, upon the
Mortgagee Mortgagor
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request and at the cost of the Mortgagor, his heirs, executors, administrators
or assigns endorse the discharge of the mortgage of the Schedule Property,
herein before expressed to be mortgaged unto or to the use of the Mortgagor,
his heirs, executors, administrators or assigns or as be or they shall direct.
(3) THAT if the Mortgagor does not pay the said Mortgage Money in full, on
or before the Date of Repayment, the Mortgagee shall be entitled to bring the
Schedule Property for sale through court and to realize and receive he said
Mortgage Money thereby, together with the cost and expenses incurred in
instituting such proceedings, and also any others sums due and payable
under any other head of claim, by the Mortgagee to the Mortgagor, out of the
sale proceeds of the Schedule Property.
(4) The Mortgagor further empower the mortgagee to take action to sell the
property hereby Mortgaged without the intervention of court in accordance
with the provisions contained in section 69 and its sub-section of the transfer
of property act either by public auction or by private treaty and to execute and
register all such documents of sale as may be necessary For conveying the title
of the mortgagor in the said property to the purchaser
(5) THAT the Mortgagor hereby represents and warrants that during the
subsistence of this mortgage:
(i) The Mortgagor shall not create any further or other mortgages
upon the Schedule Property;
(ii) The Mortgagor shall not encumber, alienate, or create any third
party interest in or over the schedule property;
Mortgagee Mortgagor
-4-
(iii) The Mortgagor shall not, without the prior written permission of
the Mortgagee, lease out the Schedule Property or create a license thereon;
(iv) The Mortgagor has a good and marketable title over the Schedule
Property, and the same is not subject of any claim, litigation, action,
proceedings for acquisition, encumbrance, claim for maintenance, or other
burden upon the property;
(v) The Mortgagor does not form part of any HUF, and if the
Mortgagor forms part of a HUF, the Mortgagor represents and clearly
warrants that the Schedule Property is his self-acquired property.
(vi) There are no minor rights in the Schedule Property.
(vii) There are no proceedings, intended/proposed, for the acquisition
or requisition of the Schedule Property.
(6) THAT for so long as the Mortgage Money is not paid in full, the
Mortgagor shall insure the Schedule property and take out a comprehensive
insurance policy of a value of not less than Rs.4,50,000/- (Rupees FOUR
LAKHS FIFTY THOUSAND Only) earmarking the Mortgagee as beneficiary
thereof and continue the said policy in full force and effect by paying
premium until repayment of the Mortgage Money to the Mortgagee in full. In
case of default by the Mortgagor to insure or to keep; the insurance policy in
full force and effect, the Mortgagee can insure the said house and the
premium paid by the mortgagee will be added to the Mortgage Money.
Mortgagee Mortgagor
-5-
(7) THAT all income arising out of the Schedule Property and all
accretions to the Schedule Property, shall be subject to the first charge of the
Mortgagee.
(8) THAT the Mortgagor shall bear the stamp duty, the registration
charges and other out of pocket expenses incurred in connection with the
execution and registration of this deed but however each party will bear cost
and professional charges of his Solicitor/Advocate.
(9) THAT the Mortgagee shall be entitled to foreclose this mortgage,
and bring the Schedule Property for sale through Court, upon the occurrence
of any of the following, which shall be constructed as “Event of Default” :-
(i) Any breach by the Mortgagor of any of the provisions of the
Enterprise Finance Agreement; (or)
(ii) The arising of the contingency envisaged in Clause (3) hereof; or
(iii) The falsity, incorrectness or incompleteness of any of the
representations or warranties or undertakings given by the Mortgagor to the
Mortgagee, either in the Enterprise Finance Agreement, or in this Deed; or
(iv) The initiation of proceedings by any party to have the Mortgagor
liquidated, or adjudicated as insolvent, as the case may be: (or)
(v) The occurrence of any event with respect to the Mortgagor, which
in the opinion of the Mortgagee, would impair the right of the Mortgagee to
recover its due in accordance herewith.
(10) THAT at any time prior to the Date of Repayment, the Mortgagor
shall, upon making payment of all sums due and payable under the
Enterprise Finance Agreement to the Mortgagee, without demur or contest, be
entitled to seek the redemption of this mortgage, and seek return of all
documents of title deposited by the Mortgagor with the Mortgagee.
Mortgagee Mortgagor
-6-
PROVIDED HOWEVER that this right of redemption shall not be
exercisable where:-
(i) There is a dispute between the parties over the sums due and
payable under the Enterprise Finance Agreement; or
(ii) The Mortgagor fails to pay any repayment penalty and may be
fixed by the Mortgagee; or
(iii) Sums of money are due and owing by the Mortgagor to other
companies forming part of the Shriram Group of Companies, and those
companies have issued notices in writing to the Mortgagor, indicating the
sum of due and payable to them.
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Mortgagee Mortgagor
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The above mentioned Property is belonged to the MORTGAGOR, by
virtue of SALE DEED, dated 28-10-2014 registered as Doc.No.4975/2014,
Book-1 in the Sub registrar office of Villianur.IN WITNESS WHERE OF
the parties put their hand the day and year first hereunder written.
Mortgagee Mortgagor
WITNESS:
1. S.Jayasudan S/o Sankar, No.11, Mariamman Koil
Street, Periyapet, Villianur Commune, Puducherry.
(Aadhaar No.7027 0182 8126)
2. N. Iyyanarappan S/o Nagalingam, No.19, First Cross
Street, Sakthi Nagar, Saram Puducherry, (Aadhaar
No.2681 5238 5845)
Document Prepaid By P.Anbajagan L.No.465/2007