DEED OF MORTGAGE
This DEED OF MORTGAGE is made on this
the day of Two
Thousand Fifteen of the Christian Era.
Mortgage Value Tk. 1,80,00,000/- (Taka One Crore
Eighty Lac) Only
Name & Address of the Mortgagee Bank:
Name t SOCIAL ISLAMI BANK LIMITED
MYMENSINGH BRANCH
(Which expression shall include its successors -in- interest,
legal representative,
Administrators and
assigns)
Address of Branch: Ali Plaza
(1st Floor), 64, Chotobazar, Mymensingh
Address of Head Office: City Center, 90/1, Motijheel Commercial Area, Motijheel, Dhaka.
Name & Address of the Mortgagor:
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Name
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t
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A.S.M Mizanul Ahsan
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Father’s Name
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t
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Late A.F.M Ishaque
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Mother’s Name
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t
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Late Fatema Begum
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Date of Birth
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t
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19/05/1969
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Religion
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t
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Islam
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Profession
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t
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Business
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Nationality
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t
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Bangladeshi.
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Personal I.D No
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t
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2692858539750
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Permanent Address:
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Present Address:
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26/D, Moneswar, 1st Lane, Hazaribagh,
P.S- Hazaribagh,
Dist-Dhaka
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26/D, Moneswar, 1st Lane, Hazaribagh,
P.S- Hazaribagh,
Dist-Dhaka
|
Cont’d on Page – 2
Page-2
Whereas schedule 8.25 decimal land of CS & SA Plot no. 3227 under Mouza- Joar Sahara, P.S-Dhaka Cantonment,
Dist-Dhaka along with other land was belongs to Safi Uddin Molla son of Taraf
Ali Molla, Sukun Ali son of Karim Bokhs alias Karim Madbor and others and their
name were corded in SA Khatian no. 285 & 541. Then Sukun Ali son of Karim
Madbor sold 12.00 decimal land
of CS & SA Plot no.
3227 to said Moulvi Safi Uddin Molla son of Taraf Ali Molla vide sale deed no. 3411 dated executed on 19/03/1962 & registered on 11/04/1962.
Then same land was recorded in the name of Safi Uddin son of Taraf Ali and
others in RS Khatian no. 1282, RS
Plot no. 7562. Thereafter said recorded & purchase owner Safi Uddin Molla
died leaving behind his legal heirs 6 sons namely (1) Md. Jamir Molla (2) Md.
Firoj Molla (3.) Md. Salek Molla (4) Md. Giash Uddin Molla (5) Md. Atiqur Islam Molla (6) Md. Monir
Hossain Molla, 1 daughter (7) Most.
Saleha Khatun & wife (8) Most. Sufia Khatun. Thereafter said (1) Md. Jamir
Molla (2) Md. Firoj Molla (3.) Md. Salek Molla (4) Md. Giash Uddin Molla (5) Md.
Atiqur Islam Molla (6) Md.
Monir Hossain Molla (7) Most. Saleha Khatun all sons & daughter of Safi
Uddin Molla & (8) Most. Sufia Khatun wife of Safi Uddin Molla jointly sold
(12+20) = 32.00 decimal land of Schedule CS & SA Plot no. 3227 along with
other non-schedule Plots land to M/s. East –West Properties Development (Pvt.)
Limited vide Sale deed no. 4566 dated 23/03/1999. Thereafter Schedule land
along with other land was recorded in the name of M/s. East –West Properties
Development (Pvt.) Limited in Dhaka City Survey Khatian no. 17315, City Survey Plot no. 28225.
Thereafter M/s. East –West Properties Development (Pvt.) Limited represented by
it’s Director (1) Mr. Mahaboob Morshed Hasan & (2) Mr. Abu Sufian sold 8.25
decimal lands to A.S.M Mizanul Ahsan vide Sale deed no. 2173 dated 23/02/2004.
That A.S.M Mizanul Ahsan become
owner of Schedule 8.25 decimal land by way of
Purchase deed no. 2173 dated
23/02/2004, then he mutated Schedule
8.25 decimal land in his
name as per RS Record from RS Plot no. 7562 vide Mutation case no. 346/05 dated
09/03/2005, Mutation Khatian no. 4108, Jote no. 48/22, then he also mutated
Schedule 8.25 decimal land as per Dhaka City Survey record vide Mutation case
no. 1826/12 dated 10/10/2012 in City Survey Plot no. 28225 and he has been
possessing by paying rent in Jote no. 19/141.
Whereas Borrower A/C MANTAF AGRO LIMITED, represented
by it’s (i) Chairman Mr. A.S.M Mizanul Ahsan son of Late A.F.M Ishaque & Late Fatema Begum (ii) Managing
Director M. Noor Khan son of
----------------------------------------------- having it’s Business Address :
Konabakhail, Sankibhanga, Trishal, Mymensingh & Registered Office Address :
26/D, Moneswar, 1st Lane, Hazaribagh, P.S- Hazaribagh, Dist-Dhaka, having it’s TIN : 525398952808, Taxes Circle-045 (Company), Zone-03, Dhaka approached
the Mortgagee Bank for financial assistance of BAIM-Agri(Revolving) Investment facility in favour of A/C MANTAF AGRO LIMITED for the purpose
to purchase renu fish and fish feed for cultivation and
trading thereof and Proposed to mortgage the schedule land
owned by Mr. A.S.M Mizanul Ahsan himself
against the security
of said investment with profit.
AND WHEREAS, the MORTGAGEE BANK has approved the proposal and
agreed to take the legal Mortgage of the schedule land as securities of
investment of A/C MANTAF AGRO LIMITED
and sanctioned of BAIM-Agri(Revolving) Investment
Limit of Tk. 1,80,00,000/- (Taka One
Crore Eighty Lac) only in favour of A/C MANTAF
AGRO LIMITED as per terms & conditions of the sanction advice being no.
SIBL/MYMENS/INV/201 / dated
and Mortgagor/Borrowers have accepted the terms
& conditions of said sanction advice and willingly mortgage the schedule
property, which contain the following terms & conditions.
Cont'd on Page - 3
Page - 3
NOW THIS DEED OF MORTGAGE WITNESSETH
AS UNDER :
1. That in consideration of the above
facilities of BAIM-Agri (Revolving) Investment limit of
Tk. 1,80,00,000/- (Taka One Crore Eighty Lac) only given to the
investment client A/C MANTAF AGRO LIMITED represented by
it’s Chairman Mr. A.S.M Mizanul Ahsan &
Managing Director M. Noor Khan by the MORTGAGEE
BANK, the MORTGAGOR hereby willingly transfer
and convey by way
of legal mortgage of the property, the
schedule of which is written hereunder, with
all rights, interest and
easement belonging thereto
as security for the
repayment of the said investment facilities given by the Mortgagee Bank to A/C MANTAF AGRO LIMITED and also to secure any investment facility i.e including renewal
which may be given and also secure all further costs, charges, rents and expenses
chargeable to the Investment Facilities as per the sanctioned terms vide Sanction
Advice
being no. SIBL/MYMENS/INV/201 / dated
2. That mortgaged property is and shall remain to
be the sole and absolute property of the Mortgagee Bank and is and shall
continue to be free from all charges, mortgages, encumbrances and burdens
except the one herein provided and the MORTGAGOR hereby represented to and
covenants with the Bank that there is no defect in his title to the mortgaged
property and the mortgagor is competent to mortgage the property with the
Bank.
3. That
the Mortgagee Bank
has sanctioned above investment for a
period of 1 (one) year on revolving basis, the
rate of profit has been fixed @ Tk-13% per annum(subject to change as
per decision of the Management of the Bank) and
2.50% Supervision fee ( One
time on net sanction/renewed/enhanced limit) and if the MORTGAGOR/BORROWERS
fail to repay or to adjust the entire liability within due time or as per its
schedule of repayment mentioned in the aforesaid sanctioned advice then the
Mortgagor/Borrower shall have to pay compensation @ Tk-13% per annum on the outstanding amount of investment (
subject to the change as per decision of the Management Bank ) and also
the MORTGAGEE BANK shall be entitled to
recover the sum outstanding against the Mortgagor under the presents by sale of
the mortgaged property and take possession of the same and/or by any other
means.
4. That the MORTGAGOR hereby ensure that Borrowers will re-pay the
loan of this BAIM-Agri (Revolving)
Investment limit by Lump-sum through depositing the sales proceeds of from
other source of the investment client within the tenor of the limit. However there
should be regular turnover in the investment account.
5. That
the MORTGAGOR hereby agreed that Borrowers will insured all goods under hypothecation
covering the risk of Fire, RSD, Flood etc at the cost of investment client.
6. That it is further stated that if the
Borrowers fail to repay the investment then Mortgagee Bank shall be entitled to
sell the mortgaged property without intervention of the Court of law as per Arthorin Adalat Ain of 2003 at its own
discretion and the same shall be regarded as valid and binding on all the
parties.
7.
That the MORTGAGOR
hereby agreed that the mortgaged property
shall be kept in good condition at the cost and expenses of mortgagor/Borrower
and affix a Sign Board on the mortgaged land in the name of MORTGAGEE BANK as
like “ Financed by Social Islami Bank
Limited, Mymensingh Branch, Mymensingh.” (GB Rwg †mvm¨vj Bmjvgx e¨vsK wjwg‡UW , gqgbwmsn kvLv, gqgbwmsn Gi
wbKU `vqe× ).
Cont'd on Page - 4
Page - 4
8. That the MORTGAGOR 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 do so on the said property nor shall any
distress or execution to be levied or enforced upon or against the said
property or create or attempt to create any charge or mortgage on the said
property which may prejudice the security hereby created.
9. That the MORTGAGOR
hereby declared that the mortgaged property is free from any encumbrances and
the mortgagor is legally entitled to mortgage the same with the MORTGAGEE BANK
by way of registered mortgage.
10.
That the MORTGAGOR shall permit & co-operate the MORTGAGEE BANK or
its representatives to view, inspect and value the same and take inventories to
the mortgaged Property or any part thereof. 11. That the MORTGAGOR
hereby agreed that he will pay all taxes and rates which are
or may become
payable on the
said property now
mortgaged with the MORTGAGEE BANK
and also agreed to indemnify the MORTGAGEE BANK for any act or default of the Mortgagor/Borrower
to make such payment.
12. That the MORTGAGOR also agreed that neither this Mortgage nor anything
contained herein shall impair, extinguish, limit or otherwise prejudicially
affect all or any of the rights, remedies, privileges, benefits , securities or
guarantees which the MORTGAGEE BANK has acquired or may acquire hereinafter or
that may otherwise be available to the MORTGAGEE BANK.
13. That the MORTGAGEE BANK is at
liberty to enforce sell the mortgaged property at any stage or time if the BORROWER
fail or default to repay the investment as per schedule of repayment mentioned
in the sanctioned terms & conditions.
14. That the mortgaged property shall
continue as collateral security for the financial Assistance already sanctioned
by the Bank in the name of the investment client A/C MANTAF AGRO LIMITED represented by it’s Chairman Mr. A.S.M Mizanul Ahsan & Managing Director M. Noor Khan and/or to be sanctioned from time to time in future.
The property will not be released from mortgage or charges of the Bank until
and unless the liabilities of the Investment client A/C MANTAF AGRO LIMITED represented by it’s Chairman Mr. A.S.M Mizanul Ahsan & Managing Director M. Noor Khan are fully liquidated.
15. That the Mortgagor hereby agreed to intimate
and inform the concern Land office regarding the mortgaged at their own
cost.
16. That on repayment of the
investment and on payment of all profits/expenses/ costs/rents and charges due
thereon, the MORTGAGOR/Borrowers at his/their own cost, shall be entitled to Redeem the mortgaged property from the
MORTGAGEE BANK to free from all encumbrances and charges thereof securing from
the MORTGAGEE BANK and on such redemption this mortgage will be deemed to have
been extinguished
Cont'd on Page - 5
Page – 5
SCHEDULE OF THE MORTGAGE PROPERTY
District-Dhaka,
P.S– Sabek Dhaka Cantonment, Present Badda, Sub-Registry Office- Badda, Mouza- Joar Sahara, J.L No. CS- 271, SA-110, RS-6, Dhaka City
Survey-3, Khatian No. CS-48, SA- 285
& 541, R.S- 1282, Dhaka City Survey - 17315, Mutation Khatian no. 27062,
Jote no. 19/141. Plot No. C.S & S.A – 3227 (Three thousand two hundred twenty seven), RS – 7562 (Seven thousand five hundred sixty
two), Dhaka City Survey – 28225 (Twenty
eight thousand two hundred twenty five),
Area of land 8.25 (Eight Point
two five) decimal. Which is under the
Project of Bashundhara Residential Area being lay out Plot no.
203, Block ‘J’. Owned by A.S.M Mizanul
Ahsan vide Purchase deed no. 2173
dated 23/02/2004.
Boundary of the Plot: On the North – Lay out Plot no. 194, On the
South- Road, On the East – Lay out Plot no. 202, On the West – Lay out Plot no.
204.
That
above Schedule 8.25 (Eight Point two
five) decimal lands is mortgaged by this deed with all rights, interest and
easement belonging thereto.
IN WITNESS WHEREOF I SET MY HANDS ON THE
DAY, MONTH , YEAR WRITTEN ABOVE.
This Mortgage
document is composed including
affidavit in 7 (Seven)
pages & attested by two witnesses.
MORTGAGORS:
- Drafted
& Prepared by : -
(MD. ABDUS SHAHID)
Advocate
Bangladesh Supreme Court.-1312
Witnesses :
Panel
Lawyer of the Bank
19/14, Block-
F, Mohammadpur, Dhaka
1.
Computer Composed by : -
2.
( MD. MAHBUBUL ISLAM )
Shahanama Computers
19/14, Block- F , Mohammadpur, Dhaka.
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