Mortgage Bond
Mortgage Bond
Mortgage Bond
This Indenture made on this ………………………. Day of …………………………… Two thousand and
……………. Between ……………………………………………………………. and ……………………………………………………….
(hereinafter called borrower) on the part and the President of India(hereinafter called President )
on the other part. Whereas the Borrower has applied for and has been granted an advance of
Rs…………………………… to purchase a Motor Vehicle on the terms of rules contained in para
1538/1539 of Indian Government Railway General Code (hereinafter referred to thereof or
additions thereto for the time being in force) and whereas one of the conditions up to which the
advance has been granted to the borrower is/was that the Borrower will/would hypothecate the
said Motor Vehicle to the President as security for the amount to the borrower and whereas the
borrower has purchased with or partly with the amount advanced for said vehicle particulars
whereof are set out in the schedule hereunder written.
Now this indenture witnessth that in presence of the said agreement and for the
Consideration aforesaid, the Borrower do hereby consent to pay to the President a sum of
Rs……………………………………. aforesaid or the balance thereof remaining unpaid at the date of these
present by equal payments of Rs…………………………. each on the fifth day of every month and will
pay interest on the sum for the time being remaining due calculated according to the said code,
if the Borrower death it agree that such payment may be recovered on the deductions from his
salary in the manner provided by the said code and in further pursuance for the said agreement
the Borrowers death hereby assign the transfer unto the President. The Motor Vehicle, the
particulars whereof are set out in the schedule hereby assign the transfer upto the President the
Motor Vehicles the particulars whereof are set out in the schedule hereunto written by way of
security for the said advance and the interest theron as required by the said code.
And Borrower do hereby agree and declare that he has paid in full the purchase price of
the said Motor Vehicle and that the same is his absolute property and that he has not pledged
and so long as any money remain payable to the President I respect of the Vehicle advance, will
not sell or pledge or part with the property or possession of vehicle provided always and it is
hereby agree and declared that if any of the said installments of principal and interest shall not
be paid or recovered in the manner aforesaid within ten days after the same are due or if the
Borrower shall die or at any time cease to be in the service or if the Borrower shall sell or pledge
or part with the property or possession of the Vehicle or became insolvent or make any
composition or agreements with his creditors or if any proposal shall take proceedings with his
creditors or if any proposal shall take proceedings in execution of or decree or judgment against
the Borrower the whole of the said principal sum which shall then be remaining due and unpaid
together with interest thereon calculated aforesaid shall forthwith become payable and it is
hereby agree and declared that the President may on the happening of any of the events herein
before mentioned seize and take possession of the said Vehicle either by public auction or by
private contract may out of the same money retain the balance of the said advance then
remaining unpaid and any interest thereon calculated as aforesaid and all the post
charges expenses and payments incurred or made in maintaining, defending or realizing his
rights hereunder and shall hand over the surplus if any to the Borrower or his executers,
administrators or personal representatives provided further that the aforesaid power of taking
possession or selling of the said Motor Vehicle shall not prejudice right of the President to due by
the Borrower or his personal representative for the said a balance remaining due and interest or
in the case of Motor Vehicle being sold the amount by which the net sale proceeds fall short of
the amount owing and the Borrower hereby further agree that so long as any money are
remaining due and owing to the President (the Borrower) will insure and keep insured the said
Motor Vehicle against loss or damage by fire, therefore or accident with an insurance company
to be approved by the accounts officer concerned and ……………………. the Motor Insurance
company with whom the said Motor Vehicle is insured have received notice that the President is
interested in the policy and the Borrower hereby further agrees that he will not permit or suffer
the said Motor Vehicle to be destroyee or injured or to deteriorate in a greater degree than it
would deteriorate by reasonable wear and tare thereof and further that in the event of any
damage or accident happening to the said Motor Vehicle the Borrower will forthwith have the
same repaired and made good.
THE SCHEDULE
For and on behalf of the President hereunto set their respective hand, on the day and year first
above written.
Signature: