Release and Redeposit Memorandum of Entry
To extend the equitable mortgage already executed in favour of the Lead Banks
1. On the day of Sri Directors of M/s. a Limited company incorporated under the , and having its Registered Office at No. (hereinafter called "The Company") received back from the documents of title, evidences, deeds and writings more particularly specified in the First Schedule hereunder written (hereinafter called "The said title deeds") in respect of the Company's land and other immoveable properties more particularly described in the Second Schedule hereunder written which were deposited on with M/s for the specific and limited purpose of enabling the company to create a fresh joint equitable mortgage by deposit of title deeds in favour of M/s and M/s .
With the intent to create a security on the Company's lands and other immoveable properties, together with the buildings and other structures, fixed plant and machinery, fixtures and fittings now constructed, erected or installed thereon both present and future (hereinafter referred to as "the said immovable properties") to secure their respective loans hereinafter mentioned.
2. On Sri Directors of the company on receiving back from delivered to and deposited the said title deeds with Sri acting for M/s and M/s acting for itself and as agent of M/s .
3. While making the deposit of the said title deeds Sri stated that they were making the deposit of the said title deeds on behalf of the company and in their capacity as Directors of the company which is the owner of the said lands and other immoveable properties according to their nature and tenure with intent to create a security by way of a Joint Equitable Mortgage by deposit of title deeds on the said immoveable properties of the company to secure the due repayment and discharge by the company to:-
a) Term Loan of
b) Term Loan of together with interest, compound interest and/or additional interest in case of default, liquidated damages, commitment charges, premia on prepayment or on redemption, costs, charges expenses and other monies payable by the company to (a) and (b) respectively under their respective Heads of terms and conditions of sanction of assistance of agreement/Loan agreements / Letter of Sanction / Memorandum of terms & Conditions.
4. Sri further stated that they were authorised to create a Joint Equitable Mortgage by deposit of title deeds in favour of M/s and M/s as aforesaid pursuant to a Resolution passed by Board of Directors of the Company at their meeting held on and they produced the certified copy of the said Resolutions to Sri and further stated that the said Resolution had not been modified or rescinded and that the same were in full force and effect.
5. Sri assured and declared that the said title deeds so deposited were the only documents of title relating to the said immoveable properties of the company in the possession, power and control of the company and that the company had a clear and marketable title to the said immoveable properties.
6. Sri acting on behalf of and acting for itself of and as agent of accepted such deposit of title deeds made by Sri on behalf of the company as security for the aforesaid facilities, in the presence of 1. Names of Witnesses of and 2. Sri Names of Witnesses of of M/s
Dated this day of
Signature of person
accepting the deposits.
FIRST SCHEDULE
SECOND SCHEDULE
(LAND AND BUILDINGS)