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Shekar Modt

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0% found this document useful (0 votes)
5 views6 pages

Shekar Modt

Uploaded by

againa595
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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MEMORANDUM OF DEPOSIT OF TITLE DEEDS

This MEMORANDUM OF DEPOSIT OF TITLE DEEDS is made and executed


on this 22th SEP 2025 at, Hassan District, Karnataka State. by:

MR.RAMEGOWDA S/O DODDEGOWDA, Aged about 67 Years, 138


Bendiganahalli Village Channarayapattana talluk, Hassan, Karnataka,
573135. Aadhar No : XXXXXXXX3050, VOTER ID NO : UFJ3615861,Cell No
: 8971618161.

(hereinafter referred to as “Borrowers/Mortgagors”, ) which expression shall


mean and include all the present and future partners, successors, office bearers,
his/her/its legal heirs, executors, legal representatives, administrators and permitted
assigns as the case may be) FIRST PART.
IN FAVOUR OF
NORTHERN ARC CAPITAL LIMITED, a non-banking finance company
incorporated under the Companies Act, 1956, with Corporate Identity Number
[CIN - U65910TN1989PLC017021] and having its Registered office at # 10th
Floor-Phase1 IIT-Madras Research Park Kanagam Village,Taramani Chennai 600113.
The DEPOSITOR s herein have visited the office of the Depositee at it’s office
address: NORTHERN ARC CAPITAL LIMITED,NO 41-3-142, Rohini Complex 2nd
Floor, B M Road Near KSRTC Bus Stand, Channarayapatna Karnataka - 573116
.

(Hereinafter referred to as “LENDER/DEPOSITEE”), which expression shall, unless


it be repugnant to the context or meaning thereof, mean and include its successors
and permitted assigns) of the SECOND PART.

The Borrowers does hereby on solemn affirmation declare and state as follows:

WHEREAS:
A. The Mortgagor herein made a request to the Mortgagee for the sanction
of facility amount of INR Rs 7,29,151/- (Seven Lakh Twenty Nine
Thousand One Hundred And Fifty One Rupees Only) (“Facility
Amount”) for the purpose (“Purpose”) Business expansion and Working
Capital.

B. Pursuant to such request and subject to the terms and conditions contained in
the Secured Loan Agreement dated: 12TH AUG 2025 into between the Lender
and the MR.RAMEGOWDA S/O DODDEGOWDA,Borrowers (“Secured Loan
Agreement”) and relying upon the representations, warranties and statements
on the part of the Mortgagors contained herein or otherwise made to the
Mortgagee, the Mortgagee has agreed to grant/ granted the Facility Amount to
the Mortgagors.

C. For the purpose of securing the Facility Amount and the Mortgagor’s dues and
pursuant to the conditions of the Secured Loan Agreement, the Mortgagors have
agreed to Deposited Title deed of the property mentioned in Annexure I hereto
(hereinafter referred to as “Mortgaged Property”) as a security to the
Mortgagee by way of deposit of title deeds which are listed out in Annexure II
hereto.

D. The Borrowers are the sole and absolute owners and well and sufficiently seized
and possessed of the Mortgaged Property.

E. The Borrowers have agreed to record the transaction of the deposit of the title
deeds more particularly described in the Annexure- II hereunder written and
belonging to the Borrowers.

F. Capitalized words and expressions used herein and not defined shall have the
same meaning assigned thereto as provided in the Secured Loan Agreement in
so far as the context admits.

NOW IT IS RECORDED AS UNDER:

The Mortgagors herein have visited the office of the Mortgagee at its office address:
NORTHERN ARC CAPITAL LIMITED, NO 41-3-142, Rohini Complex 2nd floor, B
M Road Near KSRTC Bus Stand, Channarayapatna Karnataka - 573116. on
22/09/2025 and handed over to the authorized representative of the Mortgagee,
the documents of title deeds, evidences, deeds and such other documents specified
in the Annexure- II, relating to the Mortgaged Property with an intent to create an
equitable/ registered mortgage in favor of the Mortgagee in respect of Scheduled
Property for the purpose of securing repayment to the Facility Amount granted by
the Mortgagee to the Mortgagors, repayable along with interest and for all cause,
charges, taxes and expenses incurred/charged by the Mortgagee in connection
therewith pursuant to the provisions of the Secured Loan Agreement.

1. The Mortgagor(s) is/are absolutely seized and possessed of and otherwise well
and sufficiently entitled to the Mortgaged Property and is in exclusive use,
occupation and possession of the said Mortgaged Property and has a valid and
marketable title thereto.

The Mortgagor/s hereby assures and declares that the said Mortgaged Property
is free from all Encumbrances. For the purpose of this Memorandum,
Encumbrance shall mean and include any mortgage, pledge, equitable interest,
assignment by way of security, conditional sales contract, hypothecation, claim,
security interest, assessed and un-assessed tax dues, title defect, title retention
agreement, lien, charge, commitment, restriction or limitation of any nature
whatsoever, including , right of set-off, any arrangement for the purpose of, or
which has the effect of, granting security, or any other security interest of any
kind whatsoever, or any agreement, whether conditional or otherwise, to
create any of the same.

2. The Mortgagor/s assured and declared to Mortgagee that the title deeds
deposited with Mortgagee are the only title deeds in possession, custody, power
and control of the Mortgagor/sin respect of the Mortgaged Property which is
equitably mortgaged to Mortgagee.

3. The Mortgagor/s declares and confirms that the Mortgagor/s has not entered
into any agreement for sale of the Mortgaged Property or any part or parts
thereof and that no Encumbrance will be created, or attachment allowed to be
levied on the Mortgaged Property or any part or parts thereof in favor of any
person other than the Mortgagee so long as the Mortgagor/s continues/ continue
to be indebted to or liable to the Mortgagee under the Secured Loan Agreement.
The Mortgagor/s further covenants that he/she/they/it shall not, so long the
mortgage under these presents remains valid and so long any monies are due
and payable under the Secured Loan Agreement, create any Encumbrance or
third party rights over the Mortgaged Property or any part thereof without prior
written consent from the Mortgagee and in case if the Mortgagee gives such
permission at the discretion of Mortgagee, the mortgage created in favour of
Mortgagee by the Mortgagor/s will continue and be valid and subsisting and will
have first charge and priority over any subsequent mortgage and/or charge to
be created in favor of any other person and/or bank or financial institution and
Mortgagee shall continue to have all the rights of a mortgagee in relation to the
Mortgaged Property. The Mortgagor/s covenants with the Mortgagee that all
costs, charges and expenses incurred by the Mortgagee for defending the title
of the Mortgagor/s to the Mortgaged Property if need arises and for enforcement
of the security hereby created by sale of the Mortgaged Property shall be payable
and paid by the Mortgagor/sand shall be deemed to form part of the Mortgagor’s
debt secured by the said deposit of title deeds.

4. The Mortgagor/s undertakes to pay all the municipal and other government
taxes, cesses, maintenance charges and other outgoings in respect of the
Mortgaged Property regularly and produce receipts thereof to the Mortgagee for
verification and record of the Mortgagee during the subsistence of the present
Memorandum. The Mortgagor/s hereby agrees and unconditionally undertakes
to observe the provisions of the Secured Loan Agreement.

5. The Mortgagor/sare not insolvent or unable to pay its debts.


6. The Mortgage created by deposit of Title Deeds relating to mortgaged property,
in favor of and for the benefit of the Lender, is legal, valid, effective and
enforceable.

7. No Person other than the Mortgagor/s are entitled to any possession, occupation,
use or control of the mortgaged property or any of it’s part thereof.

8. There is no encroachments or trespassers on the Mortgaged Property or any part


thereof.

9. There is no actual or pending action, investigation, suit or proceedings


(Administration or otherwise) before any court or governmental authority,
domestic and foreign, or any arbitration proceedings now pending or disposed
off, or to the knowledge of the mortgager/s (after due and careful inquiry)
threatened against the Mortgagor/s or any part of the Mortgaged property.

ANNEXURE- I

DESCRIPTION OF PROPERTY

SCHEDULE PROPERTY - 1
All that piece and parcel Land /UDS Measuring 122.91 of the property situated at ,
Bediganahalli Grama, Gowdagere Gramapanchayath, Channarayapatana Taluk,
Hassan District Property bearing No. 43,P.I.D. No. 151600504100600051 measuring,
14.9352 mts X 8.2296 mts

Bounded by:

East: Road

West: Property of Dore S/o Thimmegowda

North: Way

South: Street
ANNEXURE- II

PERTAINING TO THE MORTGAGED PROPERTY

Sl. Date & No. Description of the Document Original/


No. Photocopy
1 Demand Register for the period 2007-08 Certified Copy
2 22-Nov-2023 E-Khata (Form No.9 and 11 A) Digital Copy
3 11-Aug-2025 Property Tax (Latest Paid) Digital Copy

4 13-Aug-2025 EC From 01-04-2004 to 12-08-2025 Digital Copy

5 MODT In favor of Vistaar finance services Original


12-Dec-2023 Private limited Doc no .CPN-1-05014- 2023-24
of 2023

6 NOC From Vistaar finance services Private Digital Copy


17-Sep-2025 limited

7 Discharge deed from Vistaar finance services Original


Private limited

DETAILS OF THE ORIGINAL TITLE DEEDS DEPOSITED


PERTAINING TO THE MORTGAGED PROPERTY

IN WITNESS WHERE OF the Mortgagor/s have caused this Memorandum


to be executed and acknowledged by their respective authorized officials
or representatives hereunto duly authorized, as hereinafter appearing on
the 22/09/2025 written here in below.

WITNESSES

1.

2.
SIGNATURE OF DEPOSITOR

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