UCO BANK DOCUMENTATION MANUAL LAW JULY, 2007 ii FOREWORD Lending is one of the important activities in banking. In all lending transactions, there is an agreement between the lender bank and the borrower customer. In banking parlance such agreements are written statements, declaring certain rights, obligations, responsibilities and liabilities of various parties involved in the transactions and matters incidental thereto and which are admissible in law as a piece of evidence called Documents. Thus, documents form vital records for all lending operations/transactions and are to be taken correctly by a banker. Any lapse of shortcoming in documents may cause substantial losses to the Bank. Although the Banks Manual of Instructions on Advance has listed the documents to be taken, there is a need for assembling all of them in one place for ready reference by the staff members before disbursal of sanctioned credit facilities. I am pleased that Head Office, Law Department, under the leadership of Shri P. K. Das, General Manager, has undertaken the task of putting the various documents in a separate Manual of Documentation. The task was no doubt stupendous, but an urgent requirement. The volume prepared by them includes all the documents in use at our Bank with guidelines how to execute them in various credit dispensations. I am sure all the staff particulrly the Branch Managers will be benefited by the Manual which will enable them to ensure proper documentation for advances. (V. SRIDAR) Dated, Kolkata 4th July 2007. Je. e"h + |- +++ |+-+ V. SRIDAR V. SRIDAR V. SRIDAR V. SRIDAR V. SRIDAR Chairman & Managing Director gqfUtu cfU "tl fUtgtotg 10, rc. ti b. mhKe, fUtutfUt;t-700 001 UCO BANK Head Office 10, B. T. M. Sarani Kolkata-700 001 Phone : 2225 4094, 2225 3350 Fax : 2225 3986 E-mail : cmdsec.calcutta@ucobank.co.in iii UCO BANK Head Office : Law Department 1, R. N. Mukherjee Road, 3rd fl., Kolkata-700 001. P K DAS General Manager [Law] PREFACE Taking correct and proper documents is a sine qua non while disbursing loans and advances. In the Banks Manual of Instructions, Volume-6, General Advances, Chapter-14 deals with various documents to be taken by the branches. The contents therein do not cover all types of documents. In the meantime, the Bank has introduced various innovative credit schemes in the competitive market scenario. This has necessitated to put in one place all types of existing documents, vis--vis the respective credit facilities and also required guidelines for executing those documents correctly. Hence, a need was felt to bring out a comprehensive Manual of Documentation incorporating all documents for use as ready reference by the members of staff of the Bank. Our revered Chairman & Managing Director, Shri V. Sridar directed the Head Office, Law Department to undertake the task of preparing a documentation manual keeping in view the above necessities. Accordingly a team of legal experts comprising of Shri B. K. Sil, Ex. Asstt. General Manager (Law), Shri S. Bhattacharyya, Ex. Asstt. General Manager (Law) and Ms. Tulika Ghosh, Law Officer was formed in our department under overall supervision of the General Manager (Law) to write the Manual. The Manual of Documentation is a compilation of all the existing formats of documents to be taken by branches while disbursing loans and advances to different types of borrower in respect of different credit facilties sanctioned to them. There are 9 (nine) chapters in this Manual, which, inter alia, include the basic definition, purpose, importance, various formats of existing documents in use in the Bank and most importantly the guidance to execute different documents correctly so that they may be produced in the courts of law as evidences whenever necessary. It has been our experience that branches often lack in initiating steps to obviate law of limitation, creation of charges and registration of charges as per requirements of existing/ amended rules. This manual has provided guidance to deal with those situations. We have tried to compile all existing documents in respect of all types of credit facilities extended by the Bank as per the latest circulars issued by Head Office. iv In a dynamic situation as we are, there may be changes/modifications giving rise to innovative/ new documents. We shall strive to bring those as addenda and/or amendments as and when warranted. We have taken all care against factual errors and typographical mistakes. Nevertheless, if any omission is noted, we shall be thankful to be pointed out about those for our correction/ clarification. We express our deep gratitutde to CMD for all the encouragement given to bring out this manual and thank the team for their hard work. Our efforts will be worthwhile if this Manual comes handy and helpful for the staff members of the Bank for whom it has been brought out. (P. K. Das) General Manager (Law) Dated, Kolkata 4th July 2007. v CONTENTS CHAPTER 1 INTRODUCTION 1. General ................................................................................................................. 1 2. What is a Document ........................................................................................... 1 3. Purpose ................................................................................................................ 1 4. Requirements of a Document ............................................................................ 2 5. Importance of Documentation............................................................................. 3 6. Some Important Documents ............................................................................... 3 CHAPTER 2 ADVANCE AGAINST GOODS AND WAREHOUSE RECEIPTS General ........................................................................................................................ 11 CHAPTER 3 ADVANCE AGAINST IMMOVABLE PROPERTIES 1. General ................................................................................................................. 12 2. Annexure I : Draft of Letter of Undertaking to be obtained from the applicant for advances against Immovable property. ............. 13 3. Annexure II : Draft of Letter authorising a person to deposit Title Deeds of Property for creating Equitable Mortgage. ............. 14 4. Annexure III : Draft of entry to be made in Equitable Mortgage Register in respect of property standing in the name of one or more individuals. ........................................... 15 5. Annexure IV : Draft of entry to be made in Equitable Mortgage Register in respect of property standing in the name of partnership firm. ........................................................ 16 6. Annexure V : Draft of Entry to be made in Equitable mortgage Register in respect of property standing in the name of Limited companies. ................................................... 17 UCO BANK DOCUMENTATION MANUAL vi 7. Annexure VI : Draft of Letter of Deposit of Title Deeds to be obtained from the mortgagor(s). ............................................................. 18 8. Annexure VII : Draft of Letter to be obtained from mortgagor(s) for covering increase in limits. ...................................................... 19 9. Annexure VIII : Draft of entry to be made in Equitable Mortgage Register owing to increase in limits. ....................................... 20 10. Annexure IX : Draft of letter to be obtained from mortgagor(s) for deposit of additional Title Deeds with or without increase in limits. ...................................................................... 21 CHAPTER 4 ADVANCES AGAINST FIXED DEPOSIT RECEIPTS, KUBER YOJANA RECEIPTS, MONEY MULTIPLIER (UCO DOUBLE/UCO TREBLE) RECEIPTS, LAKHPATI DEPOSIT RECEIPTS, DEPOSIT CERTIFICATES, FLEXIBLE-FIXED DEPOSIT, RECURRING DEPOSIT(RD)/MONEY BACK RECURRING DEPOSITS (MBRD), LIFE INSURANCE POLICIES, UNITS ISSUED BY UNIT TRUST OF INDIA, SHARES 1. Advances Against Fixed Deposit Receipts, Kuber Yojana Receipts, Money Multiplier (Uco Double/Uco Treble) Receipts, Lakhapati Deposit Receipts, Deposit Certificates ............................................................... 23 2. Loan/advances against Flexible-Fixed Deposit .................................................. 23 3. Advances against Recurring Deposit(RD)/Money Back Recurring Deposits (MBRD) ................................................................................................. 23 4. Advances against Life Insurance Policies.......................................................... 23 5. Advances against Units Issued By Unit Trust of India .................................... 23 6. Advances against Shares ................................................................................... 23 CHAPTER 5 REGISTRATION OF CHARGES WITH THE REGISTRAR OF COMPANIES MCA 21 e GOVERNANCE PROGRAMME 1. General ................................................................................................................. 24 2. Annexure 1 : Form 8 .................................................................................... 25 3. Annexure 2 : Form 17 .................................................................................. 30 UCO BANK DOCUMENTATION MANUAL vii CHAPTER 6 UCO RENT SCHEME FOR FINANCING RENTAL RECEIVABLES 1. General ................................................................................................................. 32 2. Annexure: Agreement for Assignment of Rent ................................................. 33 CHAPTER 7 ADVANCES ON CONSORTIUM BASIS : SINGLE WINDOW CONCEPT OF LENDING (SWCL) BY BANKS DOCUMENTATION 1. General ................................................................................................................. 38 2. Annexure 1 : Resolutions to be passed by the Borrowers Board of Directors .................................................................... 39 3. Annexure 2 : Resolutions to be passed by the B Banks Board of Directors .................................................................... 44 4. Annexure 3 : Resolutions to be passed by the Boards of C Bank, D Bank and E Bank ............................................................. 46 5. Annexure 4 : Letter of Authority to be given by B Bank, C Bank, D Bank and E Bank to A Bank (the leader Bank) .......... 47 6. Annexure 5 : Letter of Authority to be given by C Bank, D Bank and E Bank to B Bank ......................................................... 49 7. Annexure 6 : Working Capital Consortium Agreement ................................. 51 8. Annexure 7 : Joint Deed of Hypothecation ................................................... 83 9. Annexure 8 : Inter Se Agreement between A Bank, B Bank, C Bank, D Bank and E Bank ................................................................ 98 10. Annexure 9 : Revival Letter ............................................................................ 108 11. Annexure 10 : Working Capital Facilities ......................................................... 109 CHAPTER 8 UCO SHELTER SCHEME 1. List of Documents for UCO Shelter for Individuals .......................................... 110 UCO BANK DOCUMENTATION MANUAL viii 2. Appendix I : Letter for giving in-Principle Sanction - Annexure III ......... 112 3. Appendix II : Format for Report on the Visit of the site of the proposed property Annexure IV............................................ 113 4. Appendix III : Process Note for in-Principle and Regular Sanction Annexure VI ............................................................................ 115 5. Appendix IV : Format for Regular Sanction Advice Annexure IX .......... 119 6. Appendix V : ATTESTATION MEMO............................................................ 123 7. Appendix VI : Statement of means Annexure II(ii) ................................... 124 8. Appendix VII : Format of letter to be issued to the Transferor Bank after sanction of Loan (in case of Take-Over) Annexure VIII .......................................................................... 127 9. Appendix VIII : Loan Agreement (AHL-6) ...................................................... 129 10. Appendix IX : Revival letter for the purpose of extending the limitation period (AHL-7)........................................................ 146 11. Appendix X : Revival letter for the purpose of extending the limitation period (AHL-8)........................................................ 147 12. Appendix XI : Letter of Assignment for LIC Policy (AHL-9) ...................... 148 13. Appendix XII : Recital (to be entered in the Banks Equitable Mortgage Register) evidencing creation of such mortgage (AHL-10) ................................................................ 149 14. Appendix XIII : Confirming Letter (by Regd. Post) of such mortgage (AHL-11) ................................................................ 151 15. Appendix XIV : Lawyers Search Report on letter head regarding good and marketable title of the property (AHL-12) .......... 153 16. Appendix XV : Letter of Guarantee (AHL-13) ............................................... 154 17. Appendix XVI : Letter of undertaking an indemnity by the applicant/ mortgagor in cases of agreement to purchase a flat from promoter/builder (AHL-14) ............................................ 160 18. Appendix XVII : Letter from the Society in case of Co-operative Flats (AHL-15) ........................................................................ 162 19. Appendix XVIII : Letter of Authority of appropriation of retiring benefits from borrower to his employer (AHL-16) ............................. 163 20. Appendix XIX : Letter by the mortgagor/employee to his employer for deduction of EMI (AHL-17) ................................................... 165 UCO BANK DOCUMENTATION MANUAL ix 21. Appendix XX : Letter from builders/promoters/owners (on letter head) assuring good title and other assurances (AHL-18) ........... 166 22. Appendix XXI : Letter requesting creation of equitable mortgage (AHL-19) ................................................................ 168 23. Appendix XXII : Affidavit-cum-undertaking by the applicant agreeing to deposit the sale deed when obtained (AHL-20) ............ 169 24. Appendix XXIII : Non encumbrance certificate and detailed report on title (to be submitted on Advocates letter head) Annexure V............................................................................. 171 25. Appendix XXIV : Verification of present employment Annexure II(i) .............. 172 26. Demand Promissory Note (i)A1 (ii) A1A (iii)A2 (iv) A2A................................. CHAPTER 9 SCHEME FOR FINANCING REAL ESTATE PROMOTERS/DEVELOPERS 1. General ................................................................................................................. 174 2. Annexure 1 : Agreement for Cash Credit to be entered into between the Borrower/ Developers and the Bank ................. 175 3. Annexure 2 : A Tripartite Agreement to be entered into between the Borrower/ Developer, the Intending Purchaser and the Bank ............................................................................ 196 CHAPTER 10 UCO TRADERS SCHEME General ........................................................................................................................ 203 APPENDIX 1. A 1 .................................................................................................................... 206 2. A 2 .................................................................................................................... 3. A 3 .................................................................................................................... 207 4. A 4 .................................................................................................................... 208 UCO BANK DOCUMENTATION MANUAL x 5. A 5 .................................................................................................................... 210 6. A 6 .................................................................................................................... 214 7. Schedule of Pledge ............................................................................................. 216 8. A 7 .................................................................................................................... 218 9. A 8 .................................................................................................................... 220 10. A 8A................................................................................................................ 230 11. A 8B ................................................................................................................. 234 12. A 9 .................................................................................................................... 238 13. Schedule of Hypothecation ................................................................................. 253 14. Form of Suppemental Deed of Hypothecation of Goods for increase in Limit/Facility without Additional Property as Security ................... 255 15. Form of Suppemental Deed of Hypothecation of Goods for Additional Security for an Increase in Limit/Facility .......................................... 256 16. Form of Suppemental Deed of Hypothecation of Goods for Additional Security for an Existing Limit/Security.............................................. 258 17. A 9A ................................................................................................................. 260 18. A 9B ................................................................................................................. 283 19. A 9C ................................................................................................................. 293 20. A 9 D ............................................................................................................... 312 21. A 12.................................................................................................................. 319 22. A 12A ............................................................................................................... 321 23. A 21.................................................................................................................. 326 24. A 21A ............................................................................................................... 329 25. A 27.................................................................................................................. 334 26. A 36.................................................................................................................. 348 27. A 38.................................................................................................................. 354 28. A 38 (Revised) ................................................................................................. 358 29. A 38A ............................................................................................................... 360 30. A 39.................................................................................................................. 362 31. A 40.................................................................................................................. 364 UCO BANK DOCUMENTATION MANUAL xi 32. A 43.................................................................................................................. 367 33. A 43A ............................................................................................................... 370 34. A 47.................................................................................................................. 373 35. A 49 (Revised) ................................................................................................. 374 36. A 49B ............................................................................................................... 379 37. A 58.................................................................................................................. 390 38. A 65.................................................................................................................. 393 39. A 68.................................................................................................................. 394 40. A 88B ............................................................................................................... 400 41. A 93.................................................................................................................. 405 42. A 97.................................................................................................................. 406 43. A 98.................................................................................................................. 408 44. A 100................................................................................................................ 409 45. A 101................................................................................................................ 413 46. A 103................................................................................................................ 416 47. A 103A ............................................................................................................. 433 48. A 104................................................................................................................ 440 49. A 105 (Agri) ..................................................................................................... 449 50. A 107................................................................................................................ 471 51. A 107A ............................................................................................................. 476 52. A 109................................................................................................................ 479 53. FR 2 (Revised) ................................................................................................ 488 54. FR 126 ............................................................................................................. 496 55. S 14.................................................................................................................. 498 56. JAL 70 .............................................................................................................. 500 UCO BANK DOCUMENTATION MANUAL xii tuFefUhK vwr;fUt DOCUMENTATION MANUAL rJr" / LAW (fuUJt ytk;rhfUWvgtudnu;w) (FOR INTERNAL USE ONLY) "tl fUtgtotg/ HEAD OFFICE rJr" rJCtd LAW DEPARTMENT 10, ce. xe. Yb. mhKe(7Jtk;t), fUtutfUt;t-700 001 10, B. T. M. SARANI (7th Floor), KOLKATA-700 001 Printed by : A. K. Banerjee & Bros. Kolkata-700 001 Printed by : A. K. Banerjee & Bros. Kolkata-700 001 tuFefUhK vwr;fUt DOCUMENTATION MANUAL rJr" / LAW (fuUJt ytk;rhfUWvgtudnu;w) (FOR INTERNAL USE ONLY) "tl fUtgtotg/ HEAD OFFICE rJr" rJCtd LAW DEPARTMENT 10, ce. xe. Yb. mhKe(7Jtk;t), fUtutfUt;t-700 001 10, B. T. M. SARANI (7th Floor), KOLKATA-700 001 Printed by : A. K. Banerjee & Bros. Kolkata-700 001 Printed by : A. K. Banerjee & Bros. Kolkata-700 001 1 CHAPTER 1 INTRODUCTION General This Documentation Manual has been intended for the convenience of the branches to com- pile all the existing formats of documents to be taken by branches while disbursing advances to different types of borrowers, in respect of different credit facilities sanctioned to them. As regards documentation, renewal of documents, advances against goods, and other cur- rent assets including book debts and immovable properties and also against Term Deposits, LIC Policies, NSCs, Govt. Securities, Shares, Debentures and also for recovery of advances and legal action and execution of decree, detailed guidelines have already been provided in Banks Manual of Instructions, Vol-VI, Advances (General), which the branches are advised to scrupulously follow. Hence it has not been felt necessary to repeat the same in this Manual of Documentation. What is a Document Section 3 of the Evidence Act defines Documents as any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of those means which is intended to be used for the purpose of recording that matter. Therefore, document is a written statement of facts declaring certain rights, obligations, responsibilities and liabilities relating to or concerning or in respect of the transactions or the parties or the ownership and / or possession of the property and for matters incidental thereto and which is admissible in law as a piece of evidence or a record of bargain/transaction. Purpose The main purpose of obtaining documents is to secure the advances and enable the Bank to recover the dues through legal means when all other recourses fail. Documentation proc- ess attempts to ensure the following: Documentation assumes special significance in the following instances: a) Identify the parties. b) Identify the nature and extent of security c) For providing evidence of the transactions and borrowers debt to the Bank UCO BANK DOCUMENTATION MANUAL CHAPTER-1 2 d) To prove that the charge created on the Borrowers assets as security for the debt is maintainable and enforceable. e) For settling/ crystallising the terms and conditions f) For defining the rights and liabilities of parties or under the securities g) For creating the charges/encumbrances h) For protecting the priority of charges i) For computing the period of limitation j) For enforcing the rights under the documents. k) To claim against the legal representatives, official receiver/liquidator, etc. l) To prove Banks prior charge in respect of assets charged to the Bank against the claims by Government Departments, other creditors, etc. m) To ensure that the Banks right to enforce the recovery of the debt through a court of law is not allowed to become time-barred under the law of limitation. As documents form the primary evidence in any dispute between the Bank and the Bor- rower, it is imperative that they are correct and valid at all times. Documentation, therefore, is a continuous and on-going process covering the entire period of advance. Requirements of a Document A document to serve the above purposes and objects must contain correct description of the parties, mention the actual place of execution, mention correct date of execution, con- tain accurate description of the properties/securities, contain proper recitals / covenants, pro- vide for consideration for the transaction, stipulate the terms and conditions of repayment, contain all other essential terms and conditions, be duly stamped and must be registered and attested wherever the Law requires the document to be so registered and attested. The documents to be executed by the Borrower(s) / Guarantor(s) in favour of the Bank depends upon the type of charge (Hypothecation, Pledge, Mortgage, etc.), type of the advance (De- mand Loan, Cash Credit, Term Loan, etc.), nature of the security (movable or immovable, actionable claims, etc.) and finally upon the constitution of the Borrower(s) / Guarantor(s) (Individual, Partnership Firm, Company, Association of Persons, Trust, HUF, etc.). While ob- taining the security documents, regard must be had to the constitution of the Borrower(s) / Guarantor(s) and its / their authority and competence to execute the documents, the nature and type of securities being the charge, legal nature of the charges and applicable laws thereto. UCO BANK DOCUMENTATION MANUAL CHAPTER-1 3 Importance of Documentation The Loan / security documents are of crucial importance to the Bank in respect of all loans and advances as they constitute the primary evidence in any legal proceedings between the Bank and the Borrower(s)/Guarantor(s). In the absence of properly executed documents, it may be very difficult for the Bank to succeed in any suit filed in a Court of Law for enforc- ing its rights under the documents. The legal protection and judicial adjudication always re- quires and depends upon valid documents. Documentation will succeed in fulfilling its pur- pose only when the following requirements are met (1) The owing of the debt to the Bank by the Borrower is established by documents (2) The charge created on the Borrowers assets as security for the debt is preserved, protected, perfected and maintained in accordance with the law and (3) The Banks right to enforce the security for recovery of the debt through Court of Law is not barred by expiry of limitation under the Law of Limitation. Some Important Documents While granting loans/advances to a borrower, the bank obtains several documents. Nature of some of the important documents as well as the objects for obtaining such documents are enumerated below in short: 1. Demand Promissory Note (A1 and A2) A DP Note (taken by Banker) is an instrument in writing, executed by the borrower, in favour of the Bank, containing an unconditional undertaking to pay the amount he borrowed from the Bank, as and when the Bank demands it, along with interest at specified rate. A DP Note is always stamped with Revenue Stamp and the same should be cancelled by writing of the name or initials of the executant on or across the stamp with the date of his so writing. 2. Letter of Continuity (A-3) In case of cash credit/over draft advances, this document is taken along with DP Note. The object for taking this document is to keep alive the DP Note, inspite of the fact that the balance in the cash credit/over draft account fluctuates and also goes into credit at times. 3. Letter of Lien (A-4) This document is taken while granting advances against shares, National Savings UCO BANK DOCUMENTATION MANUAL CHAPTER-1 4 Certificate, Post Office Time Deposit, Govt. Promissory Notes, Debentures, Unit Trust Certificates and the like. It is to be stamped as an agreement. 4. Partnership Letter (A-5) Partnership Letter is taken in case of advances to Partnership Firms who do not have Partnership Deeds. Where there is no written Partnership, it is difficult to prove the existence of a Partnership Firm when occasion demands. A-5 is a declaration from all partners regarding the existence of the Partnership Firm. This also specifies the Joint & Several character of liability of the partner as also their power to bind other partners. 5. Temporary Mandate Form (A-6) When the borrower authorises another person to operate cash credit/ over draft account for a temporary period, this document is executed by him. This also contains the specimen signature of the person so authorised. This document should be stamped as an agreement. 6. HUF Letter (A-7) HUF letter is taken when the bank grants loan and advances to Hindu Undivided Family. This document puts on record the name of the Karta and other adult Co-parceners. This also specifies their liability as also their power to bind all members. For all practical purposes this document serves the purpose of a resolution. 7. Agreement of Pledge (A-8) This document is taken while granting loan and advances against security of pledge of goods. It is stamped as an agreement. The securities in this document should be described only in general term without giving any details of their actual quantity, value, mode of packing etc. When an account is secured by pledge of movables, the period of limitation for recovery of monies due under such an account would be 3 years from the close of the year in which the last item of debit or credit is admitted or proof in case of cash credit account and in case of demand loan account, the period of limitation would be 3 years from the date when the loan is made. It may, however, be noted that as pledgee the bank has a right to sell the pledged goods at any time in its discretion on reasonable notice to the Borrower and appropriate sale proceeds towards its dues without intervention of court. There is no period of limitation for such sale. But if there is a shortfall in the account after such sale, the Bank will not be able to recover it from the Borrower personally unless the suit to recover such shortfall is filed in court within the prescribed period of limitation as stated above. Agreements of pledge UCO BANK DOCUMENTATION MANUAL CHAPTER-1 5 are required to be acknowledged once in every 3 years. The State Government has remitted the stamp duty payable on a document of pledge. But as a document of pledge contains other agreements, it is stamped with duty as an agreement. 8. Form of Supplemental Agreement to Pledge of Goods for Increase in Limit/Facility for adult property as security (A-8A) This document is taken when the Bank enhances the existing limit/facility granted to the Borrower for additional property pledged as security. 9. Form of Supplemental Agreement to Pledge of Goods for Increase in Limit/Facility without Additional Property as Security (A-8B). This document is taken when the Bank enhances the existing limit/facility granted to the Borrower without additional property pledged as security. 10. Agreement of Hypothecation (A-9) This document is taken while granting loans and advances against security of hypothecation of goods. It is stamped as an agreement. It may be pertinent to point out here that stamp law as applicable to certain states also provides for payment of ad valorem stamp duty on the document of hypothecation. Hence, in the states, which provide for payment of ad valorem stamp duty on the deed of hypothecation, in such states, the deed of hypothecation, if executed and/or acted upon there, would attract ad valorem stamp duty as prescribed for deed of hypothecation. 11. Hypothecation & Book Debts to secure Demand Cash-credit (A-9B) This document is taken when the Bank makes an advance and/or agrees to grant accommodation to the Borrowers to open a Cash Credit account in the books of the Bank. 12. Composite Agreement for Working Capital/Term Loan Facilities and Hypothecation (A-9C) This document is obtained when the Bank grants a Composite Loan to the Borrower under the scheme of Prime Minister Rozgar Yojana (PMRY). UCO BANK DOCUMENTATION MANUAL CHAPTER-1 6 13. Agreement for extension of Charge by way of Hypothecation over Current Assets to secure Non-Fund Based Facilities (A-9D) This document is obtained when accommodation by way of cash credit facility and other additional facilities are granted to the Borrower and the Borrower agrees that the first charge created by hypothecation will also extend over the additional facilities. 14. Letter of Acknowledgement - cum - Balance Confirmation (A-12) The purpose of taking this document is two fold: a. It serves as an acknowledgement of debt. b. It links the old documents with the new ones. There is a difference between the purpose for renewal of limit and the purpose for which the documents get renewed. Renewal of limit may be done within one year according to the practice of the Bank. It gives an opportunity to the Bank to review the account to verify whether the party is conducting the account satisfactorily. If the Bank is satisfied as to the conduct of the account it may renew the limit or otherwise it may recall the advance. The purpose behind the renewal of documents is to save the advance from being time-barred. As such the documents must be renewed within a period of 3 years. But it is not necessary to renew the documents at the time of renewal of limit unless there has been a change in the limit or on terms and conditions of the limit. This is obtained at the time of renewal of the documents. The document is to be stamped as an acknowledgement and the borrower has to sign on the Revenue Stamp of requisite value. 15. Agreement of Bills Purchase (A-20) This document is taken by granting of Bill Purchase facility/advance against Bills in course of collection. A-20 is an agreement regarding bills purchased or advances in course of collection of bills. It simply lays down the terms and conditions on which the Bills Purchased facility are granted to the party. In case of Bills purchased, the Bills are endorsed in favour of Bank and the Bank becomes a holder-indue-course and has a right to sue the party concerned on the instrument itself. The Bank has recourse against the party for whom the bills have been purchased and normally in case of dishonour the party is asked to reimburse the amount and on failure to do so, his account is debited. If the full amount is recovered by debiting the account, the matter ends there. But if it is not, an overdraft would be created and this will have to be recovered within a period of 3 years otherwise it will become time- barred. Even UCO BANK DOCUMENTATION MANUAL CHAPTER-1 7 otherwise the suit on the instrument must be filed within a period of 3 years. In order to save limitation confirmation of balance is to be obtained. A-20 does not require renewal. It is to be stamped as an agreement. 16. Letter of Guarantee (A-21/A-21A) This document is obtained from the guarantor whenever loans and advances are sanctioned on the guarantee of a third person. A-21 is obtained from the guarantor when the borrower is either a company or a firm. A-21A is obtained from the guarantor when the borrower is an individual. Strictly in law, it should be stamped as an agreement plus indemnity. But in practice, it is stamped as an indemnity only. 17. Consumer Loan Agreement (A-27) This document is taken while granting consumer loan. The borrower as well as the guarantor sign this document on all pages. This document is to be stamped as a guarantee cum- agreement. 18. Agreement for Transport Loan (A-36) This document is taken while granting Transport Loan. This document is signed by the borrower as well as the guarantor on all pages. 19. Letter of Lien on Fixed Deposit Receipt (A-38) This document is taken while granting advances against the security of Fixed Deposit Receipt. When the advance is granted to the Depositor this document need not be got stamped. In case of advance to a person other than the depositor, it should be stamped as an agreement. 20. Agreement for advances against Fixed Deposit Receipt not belonging to the Borrower (A-39) This document is taken from a borrower who borrows against the security of a Fixed Deposit Receipt belonging to other person. It is to be stamped as an agreement. 21. Power of Attorney relative to Supply Bills on Government (A-40) This document is obtained from the borrowers while granting advances against government supply bills. This is an irrevocable Power of Attorney granted by the borrower in favour of the Bank empowering the latter to sign, present and submit supply bills on behalf of the borrower to the Government Departments concerned and also to obtain payment thereof. This document is to be stamped as a Power of Attorney. UCO BANK DOCUMENTATION MANUAL CHAPTER-1 8 22. Letter of Waiver (A-47) This document is obtained from the borrower whenever the advances are granted against DP Notes. As per section 64 of Negotiable Instruments Act, 1881, the Promissory Note must be presented for payment to the maker. In Banks case, the maker is always the borrower. If it is not presented to the borrower he cant be held liable for the amount. As it is very difficult for the Bank to present the DP Notes to the borrower for payment of their dues, the Bank takes such a letter from the borrower. By this letter the borrower waives the condition of presentation of the DP Note to him and he undertakes to make payment of the amount due under the DP Note without the same being presented to him. 23. Agreement for Education Loan (A-49) This document is taken while granting loan under Banks Education Loan Scheme. Both the borrower and guarantor sign this document. This is to be stamped as an agreement- cum-guarantee. 24. Agreement-cum-Declaration for loan against LIC Policy (A-58) This document is taken while granting loan against the security of LIC Policy. Strictly speaking this document need not be stamped but it is preferable to get it stamped as an agreement. No charge on security is created by this document. For that the Policy is to be assigned by the borrower in favour of the Bank. 25. Counter Guarantee (A-88B) This document is obtained from the borrower whenever Bank executes a guarantee to the third party at the request and for the sole benefit of the borrower. When the Bank executes guarantee to the third party it undertakes full obligation under the guarantee. In case of borrowers default in fulfilling his obligation to the third party, guarantee may be invoked against the Bank. This document is a counter-guarantee given by the borrower to the Bank. On the strength of this document, the Bank can recover from the borrower all losses, damages, costs, charges and expenses incurred/ sustained by the Bank in connection with the fulfilment of the terms of the guarantee executed by it. Although this document is known as a counter-guarantee, yet it is more in the nature of a counter-indemnity. Hence, it is better to get it stamped as an indemnity. 26. Format of Permanent/Omnibus Counter Guarantee By this document, the Borrower counter guarantees the entire guarantee limit sanctioned UCO BANK DOCUMENTATION MANUAL CHAPTER-1 9 by the Bank and there is no necessity of obtaining Counter Guarantee (A-88B) on each and every occasion when Bank issues guarantees on behalf of the Borrower. 27. Deed of Simple Mortgage (A-103/A-103A) A-103 is taken when the Bank decides to obtain collateral security of simple mortgage of land and building while granting agricultural advances. A-103A is also taken as above, but it is taken only while granting Cash Credit facility to farmers for cultivation of crops. These documents have got to be witnessed by at least two witnesses before registration. These documents have got to be registered with the Registrar of Assurance of the area where the property is situated. These documents attract advalorem stamp duty depending on the amount secured. 28. Agreement of Hypothecation of Pump Set (A-104) This document is obtained from the borrower while granting loan for the purchase of a Pump Set. The pump set stands hypothecated to the Bank on the strength of this document. This is to be stamped as an agreement. 29. Hypothecation of Standing Crops (A-105) This document is taken from the borrower at the time of agricultural advances (e.g. Crop Loan, Pump Set Loan, Tractor Loan, Dug-well Loan, Land Development Loan, Other Agricultural Implements Loan etc.) when it is decided to create hypothecation charge on standing crops as an additional security. This document is to be stamped as an agreement. 30. Agreement of Hypothecation of Tractor (A-108) This document is obtained from the borrower while granting loan for the purchase of a Tractor. The Tractor stands hypothecated to the bank on the strength of this document. This is to be stamped as an agreement. 31. Agreement relating to Term Loan (A-109) The document is taken from the borrower while granting Term Loans. A copy of the Borrowers Proposal should be enclosed to this document. It should be stamped as an agreement. 32. Acknowledgment of Debt & Security (A-12A and S-14) This document is obtained every halfyear showing the balance and details of securities UCO BANK DOCUMENTATION MANUAL CHAPTER-1 10 as of 30 th June/31 st December. This is a document of Balance-cum-Security Confirmation. It also serves as an acknowledgement of debt. This document is got to be signed by both the borrower and the guarantor. If it is signed by the guarantor, it will be deemed as an acknowledgment of liability by the guarantor under Section 18 of the Indian Limitation Act, 1963 and a fresh period of limitation against him commences from the date he acknowledged. Where, before the expiration of the prescribed period of limitation, an acknowledgement of liability in respect of the debt has been made in writing signed by the party from whom the debt is due, a fresh period of limitation starts from the time when the acknowledgement is so signed. This document should be stamped as an acknowledgement, using a Revenue Stamp. 33. Application for Letter of Credit (FR-2) This document is obtained from the borrower while opening Letter of Credit on his behalf. It should be stamped as an agreement. This document is taken for foreign as well as inland Letter of Credit. More than one Letter of Credit cannot be opened on the strength of one FR-2 form. UCO BANK DOCUMENTATION MANUAL CHAPTER-1 11 CHAPTER 2 ADVANCE AGAINST GOODS AND WAREHOUSE RECEIPTS General : Advances against goods may be made by way of Pledge or Hypothecation. When Charge is by way of Pledge, Letter of Pledge (Form A8) should be obtained. When Charge is by way of Hypothecation, Letter of Hypothecation (Form A9) should be obtained. Form of agreement Form A9D should be obtained for extension of charge of hypothecation over current assets of the borrowing company for non-fund based facilities. UCO BANK DOCUMENTATION MANUAL CHAPTER-1 12 CHAPTER 3 ADVANCE AGAINST IMMOVABLE PROPERTIES General Annexure I : Draft of Letter of Undertaking to be obtained from the applicant for ad- vances against Immovable property. Annexure II : Draft of Letter authorising a person to deposit Title Deeds of Property for creating Equitable Mortgage. Annexure III : Draft of entry to be made in Equitable Mortgage Register in respect of property standing in the name of one or more individuals. Annexure IV : Draft of entry to be made in Equitable Mortgage Register in respect of property standing in the name of partnership firm. Annexure V : Draft of Entry to be made in Equitable mortgage Register in respect of property standing in the name of Limited companies. Annexure VI : Draft of Letter of Deposit of Title Deeds to be obtained from the mortgagor(s). Annexure VII : Draft of Letter to be obtained from mortgagor(s) for covering increase in limits. Annexure VIII : Draft of entry to be made in Equitable Mortgage Register owing to increase in limits. Annexure IX : Draft of letter to be obtained from mortgagor(s) for deposit of additional Title Deeds with or without increase in limits. UCO BANK DOCUMENTATION MANUAL CHAPTER-3 13 ANNEXURE-I DRAFT OF LETTER OF UNDERTAKING TO BE OBTAINED FROM THE APPLICANT FOR ADVANCE AGAINST IMMOVABLE PROPERTY Date .......................... The Manager, UCO Bank ............................................ Dear Sir, Re : Request for a loan/cash credit facility against security of immovable property I/We have requested you to grant me/us a cash credit/loan facility inter alia, against the security of my/our immovable properties situated at ........................................ In the event of your agreeing to sanction the credit facility, I/We would be prepared, if so demanded by you, to execute and register in your favour a deed of mortgage in such form and with such powers of sale etc. as you may require and I/we shall pay and bear all expenses relating to preparation, execution, stamping and registration of the deed of mortgage and all other documents required by you so as to complete the security in your favour as aforesaid including all out-of-pocket expesnes, valuers/surveyors fees etc. I/We have handed over to you the undermentioned title deeds relating to my/our above property offered to you as security for the above credit facility for getting the same examined by your lawyer in order to verify that my/our title to the said property is clear and marketable and that the same is free from all encumbrances whatsoever and is not subject to any litigation or attachment. I agree and undertake to pay to you on demand all your costs, charges and expenses including your lawyers fees in connection with the examination and verification of my/our title to the property as aforesaid irrespective of whether the credit facility is sanctioned to me/us or not. In case the credit facility requested for is not sanctioned to me/us for any reason whatsoever, the title deeds will be returned to me/us only against my/our payment to you all your costs, charges and expenses as aforesaid. Yours faithfully Details of Title Deeds : UCO BANK DOCUMENTATION MANUAL CHAPTER-3 14 ANNEXURE-II DRAFT OF LETTER AUTHORISING A PERSON TO DEPOSIT TITLE DEEDS OF PROPERTY FOR CREATING EQUITABLE MORTGAGE Date ........................... The Manager, UCO Bank, ................................................. Dear Sir, I/We have to advise that I/we have authorised Shri ............................................................... to deposit the title deeds mentioned below relating to my/our property being premises no. ...................................................................../ holding no. ................................... situated at .................................................................... on my/our behalf with you with an intent to create an equitable mortgage thereon in you favour over the said property as security for due repayment of advances made i n and/or to be made by you to me/us/Shri / M/s. .................................................................................. in loan/cash credit/overdraft or any other account upto the limit of Rs. ................................ with all interest, commission, discount, cost, charges and expenses thereon as agreed upon. Yours faithfully (Signature(s) of the person(s) in whose name property stands) Details of the Title Deeds : Note : (i) Letter of Authority should be signed by all the joint owners. (ii) In case property stands in the name of partnership firm, all the partners should sign the Letter of Authority. UCO BANK DOCUMENTATION MANUAL CHAPTER-3 15 ANNEXURE-III DRAFT OF ENTRY TO BE MADE IN EQUITABLE MORTGAGE REGISTER IN RESPECT OF PROPERTY STANDING IN THE NAME OF ONE OR MORE INDIVIDUALS Shri ................................................................................................... called at this branch on .............................................................. and deposited the title deeds mentioned in the opposite page hereto. While depositing the same Shri .............................................................. stated that the title deeds are being deposited with the bank with an intent to create an equitable mortgage in favour of the bank over the properties comprised in the said title deeds consisting of land, buildings, other structures and also on fixed plant and machinery, fixtures and fittings now erected or installed or hereafter to be erected or installed or brought thereon as continuing security for due repayment to the bank of all advances made and/or to be made to ................................... by the bank by way of loan/cash credit/overdraft etc. or otherwise or for all other indebtedness and liabilities whatsoever and all costs and charges remaining outstanding at any time and for any balance which may be due to the bank by .......................................................................................... either as principal debtor or as a surety now or hereafter remaining unpaid in his/their loan/cash credit/current/overdraft account or any other account(s) upto the limit of Rs. ......................... with all interest, commission, discount, cost, charges and expenses thereon as agreed upon. Asstt. Manager Manager Witness : Date ................................. Note : (i) Please furnish complete details of the title deeds on the opposite page. (ii) If plant & machinery is not mortgaged, this may be deleted. UCO BANK DOCUMENTATION MANUAL CHAPTER-3 16 ANNEXURE-IV DRAFT OF ENTRY TO BE MADE IN EQUITABLE MORTGAGE REGISTER IN RESPECT OF PROPERTY STANDING IN THE NAME OF PARTNERSHIP FIRM Shri ............................................................................................................ one of the partners of M/s. .......................................................................................... (hereinafter referred to as the firm) called at this branch on ...................................................... and deposited the title deeds menti oned i n the opposi te page hereto. Whi l e deposi ti ng the same Mr. ........................................................................ stated that the title deeds are being deposited on behalf of the firm and all its partners with the bank with an intent to create an equitable mortgage in favour of the bank over the properties comprised in the said title deeds consisting of land, buildings, other structures and also on fixed plant and machnery, fixtures and fittings now erected or installed or hereafter to be erected or installed or brought thereon as continuing security for due repayment to the bank by way of loan/cash credit/overdraft etc. or otherwise or for all other indebtedness and liabilities whatsoever and all costs and charges remaining outstanding at any time and for any balance which may be due to the bank by...................................................... either as principal debtor or as a surety now or hereafter remaining unpaid in their loan/cash credit/current/overdraft account or any other account(s) upto the limit of Rs. .................................... with all interest, commission, discount, cost, charges and expenses thereon as agreed upon. Asstt. Manager Manager Witness : Date .................................... Note : (i) Please furnish complete details of the title deeds on the opposite page. (ii) If plant & machinery is not mortgaged, this may be deleted. UCO BANK DOCUMENTATION MANUAL CHAPTER-3 17 ANNEXURE-V DRAFT OF ENTRY TO BE MADE IN EQUITABLE MORTGAGE REGISTER IN RESPECT OF PROPERTY STANDING IN THE NAME OF LIMITED COMPANIES Shri ........................................................................ and Shri ...................................................... one/ two of the Directors/the Secretary of the ........................................................................ Co. Ltd. (hereinafter referred to as the Company) pursuant to the resolution passed by the Board of Directors of the Company on ................................................................................................. called at this branch on ............................................................................................................ and deposited the title deeds mentioned in the opposite page hereto. While depositing the same Mr. .............................................................. and Mr. .................................................................. stated that the title deeds are being deposited on behalf of the Company with the bank with an intent to create an equitable mortgage in favour of the bank over the properties comprised in the said title deeds consisting of land, buildings, other structures and also on fixed plant and machinery, fixtures and fittings now erected or installed or hereafter to be erected or installed or brought thereon as continuing security for due repayment to the bank of all advances made and/or to be made to ...................................................... by the bank by way of loan/cash credit/overdraft etc. or otherwise or for all other indebtedness and liabilities whatsoever and all costs and charges remaining outstanding at any time and for any balance which may be due to the bank by ........................................................................ either as principal debtor or as a surety now or hereafter remaining unpaid in their loan/cash credit/ current/overdtaft account or any other account(s) upto the limit of ................................................. with all interest, commission, discount, cost, charges and expenses thereon as agreed upon. Asstt. Manager Manager Witness : Date .................................... Note : (i) Please furnish complete details of the title deeds on the opposite page. (ii) If plant & machinery is not mortgaged, this may be deleted. UCO BANK DOCUMENTATION MANUAL CHAPTER-3 18 ANNEXURE-VI DRAFT OF LETTER OR DEPOSIT OF TITLE DEEDS TO BE OBTAINED FROM THE MORTGAGOR(S) Date ........................... The Manager, UCO Bank, ...................................................... Dear Sir, This is to confirm that I/we deposited with you on .................................................................... the ti tl e deeds menti oned bel ow rel ati ng to my/our proper ty bei ng premi ses no. ....................................................../holding no. ...................................................... situated at ...................................................... with an intent to create an equitable mortgage over the said property in your favour as security for the due repayment of all advances to the extent of Rs. ........................................................ made and/or to be made by you to me/us/Shri/ M/s. .......................................................................................... in the cash credit/overdraft/loan account or any other account and for all my/our/their indebtedness and liabilities whatsoever to you together with interest, costs, charges and expenses thereon. I/We hereby agree to execute at my/our own costs in favour of the bank whenever requested by the bank to do so, a registered mortgage over the said property in such form and with such powers of sale etc., as the bank may require for securing the above accounts. Yours faithfully, Details of the title deeds : Note : (i) In case of joint owners, it should be signed by all of them. (ii) In case of Partnership Firm/Hindu Undivided Family it should be signed by all the Partners/Karta and Co-parceners. (iii) In case of Limited Company, it should be signed by Direcotr(s) as authorised in the relative resolution. UCO BANK DOCUMENTATION MANUAL CHAPTER-3 19 ANNEXURE-VII DRAFT OF LETTER TO BE OBTAINED FROM MORTGAGOR(S) FOR COVERING INCREASE IN LIMITS Date ............................. The Manager, UCO Bank, ...................................................... Dear Sir, Re : Cash Credit/Loan Account I/We have deposited with you on ...................................................... the title deeds relating to my/our property situated at ........................................................................ as security for the cash credit/loan facility to the extent of Rs. .................................... granted by you in favour of ........................................................................ I/We thank you for sanctioning an increade of Rs. .................................... i n the sai d cash credi t/l oan faci l i ty favouri ng ...................................................... As already agreed with you, the title deeds so deposited by me/us with you shall continue to be held by you also as security for the said increased limit. Yours faithfully, Note : (i) In case of joint owners, it should be signed by all of them. (ii) In case of Partnership Firm/Hindu Undivided Family, it should be signed by all the Partners/Karta and Co-parceners. (iii) In case of Limited Company, it should be signed by Director(s) as authorised in the relative resolution. UCO BANK DOCUMENTATION MANUAL CHAPTER-3 20 ANNEXURE-VIII DRAFT OF ENTRY TO BE MADE IN EQUITABLE MORTGAGE REGISTER OWING TO INCREASE IN LIMITS Shri .......................................................................................... called at this branch this day .......................................................................................... and stated that the title deeds deposited by him with the bank on ...................................................... as security for the cash credit/ loan facility to the extent of Rs. .................................... granted by the bank to ........................................................ shall continue to be held by the bank as security for the increase cash credit/loan limit of Rs. ......................... favouring ...................................................... Asstt. Manager Manager Witness : Date .................................... UCO BANK DOCUMENTATION MANUAL CHAPTER-3 21 ANNEXURE-IX DRAFT OF LETTER TO BE OTBAINED FROM MORTGAGOR(S) FOR DEPOSIT OF ADDITIONAL TITLE DEEDS WITH OR WITHOUT INCREASE IN LIMITS Date .................................... The Manager, UCO Bank ...................................................... Dear Sir, I/We/M/s. .......................................................................................... have been enjoying cash credit/overdraft/loan facility from you to the extent of Rs. .................................... against security of hypothecation/pledge of ...................................................... and collateral security of my/our immovable property being premises no. ......................................................................../holding no. .................................... situated at ........................................................................ As you called upon us to furnish additional security for the above credit facility, I/we deposited with you on ...................................................... the title deeds relating to my/our immovable property being premises no. ...................................................... /holding no. ...................................................... situated at ...................................................... with an intent to create an equitable mortgage in your favour as security for due repayment of all advances made and/or to be made by you to me/us/M/s. ...................................................... and for all my/our/their indebtedness and liabilities whatsoever to you with interest, costs, charges and expenses thereon. At my/our request you have agreed to increase the abvoe limit in my/our/their cash credit/overdtaft/loan account with you to Rs. .................................... In consideration of your doing so I/we deposited with you the title deeds relating to my/our immovable property being premises no. ...................................................... holding no. ...................................................... situated at ...................................................... with an intent to create an equitable mortgage in your favour as securty for due repayment of all advances made and/or to be made by you to me/us/M/s. ...................................................... upto the said increased limit and for all my/our/their indebtedness and liabilities whatsoever to you along with interest, costs, charges and expenses thereon. UCO BANK DOCUMENTATION MANUAL CHAPTER-3 22 UCO BANK DOCUMENTATION MANUAL CHAPTER-3 I/We certify that I/we have no further or other title deeds relating to the said property. The property is absolutely owned by me/us and is free from all encumbrances whatsoever and is not subject to any attachment or litigation. I/We hereby agree to execute at my/our own costs in favour of the bank whenever requested by the bank to do so, a registered mortgage over the said property in such form and with such powers of sale etc., as the bank may require for securing the above advances. Yours faithfully Details of the title deeds : Strike out whichever is inapplicable. ANNEXURE-IX (Contd.) 23 CHAPTER-4 Advances against Fixed Deposit Receipts, Kuber Yojana Receipts, Money Multiplier (UCO Double/UCO Treble) Receipts, Lakhpati Deposit Receipts, Deposit Certificates, Flexible Fixed Deposit, Recurring Deposit (RD)/Money Back Recurring Deposits (MBRD), Life Insurance Policies, Units Issued by Unit Trust of India, Shares Advances against Fixed Deposit Receipts, Kuber Yojana Receipts, Money Multiplier (UCO Double/UCO Treble) Receipts, Lakhpati Deposit Receipts, Deposit Certificates. For advances against Fixed Dposit Receipts, Kuber Yojana Receipts, Money Multiplier (UCO Double/UCO Treble) Receipts, Lakhpati Deposit Receipts, Deposit Certificates, documents like A-1/A-2, A-47, A-3 (only for running facilities i.e., cash credit/overdraft), letter of lien (A-38 revised) duly signed by depositors should be obtained. Loan/Advances against Flexible-Fixed Deposit For Loan/Advances against Flexible-Fixed Deposit, separate money receipt on appropriate revenue stamp along with Pass Book is to be obtained along with loan documents A-1/A-2, A-47, A-38 (Revised), A-3 (for overdraft facility) at the time of granting loan/overdraft. Advances against Recurring Deposit (RD)/Money Back Recurring Deposits (MBRD) Documents like A-1/A-2, A-47, D-48 should be obtained for granting advances against Recurring Deposit (RD)/Money Back Recurring Deposits (MBRD). Advances against Life Insurance Policies Documents like A-1/A-2, A-47, A-3 (for overdraft accounts), Letter of Declaration-cum- Agreement (Form A-58) should be obtained for advances against Life Insurance Policies. Advances against Units Issued by Unit Trust of India Documents required to be obtained for advances against Units Issued by Unit Trust of India are Letter of Lien (A-4), Letter of Authority. Advances against Shares In case of advances against shares, besides other usual advance documents, Letter of Lien (A-4), Declaration-cum-Agreement (S-16), Dividend mandate (A-72), A-71 are required to be obtained. Lodgement of shares are required to be made by borrower by using Form A-17. For extension of time for the validity of transfer deed applications shall have to be made in Form 7C. For the Purpose of maintaing a proper record of the dividend warrants, branches should maintain Dividend Register (A-41) and Book Closing Register (Mis-32). UCO BANK DOCUMENTATION MANUAL CHAPTER-4 24 CHAPTER-5 REGISTRATION OF CHARGES WITH THE REGISTRAR OF COMPANIES MCA 21-e-GOVERNANCE PROGRAMME General The Ministry of Company Affairs has taken an e-Governance initiative called MCA 21. With effect from September 16, 2006, creation of charge, modification of charge and satisfaction of charge require to be filed electronically (e-filing) under MCA-21 system only. Under MCA-21 system for creation or modification of charge, Bank is reqired to fill Form No. 8. Once dues from a corporate borrower are fully satisfied, satisfaction of charge has to be filed in e-Form 17. UCO BANK DOCUMENTATION MANUAL CHAPTER-5 25 FORM 8 [Pursuant to sections 125, 127, 132 and 135 and Pursuant to section 600 read with 125, 127, 132 and 135 of the Companies Act, 1956] Particulars for creation or modification of charges (other than those related to debentures) including partculars of modification of charge by asset reconstruction companies in terms of Securitisation Act and Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act, 2002 Note All fields marked in are to be mandatorily filled. 1. (a) This form is for mCreation of charge mModification of charge (b) Whether charge is modified in favour of asset reconstruction company (ARC) or assignee mYes mNo (c) Whether charge holder is authorised to assign the charge as per the charge agreement mYes mNo (d) Charge identification (ID) number of the charge to be modified 2. (a) Corporate identity number (CIN) or foreign company Pre-fill registration number of the company (b) Global location number (GLN) of company 3. (a) Name of the company (b) Address of the registered office or of the principal place of business in India of the company 4. (a) Type of charge A charge on : pUncalled share capital pCalls made but not paid pImmovable property pShip pAny interest in immovable property pGoodwill pBook debts pPatent, license under a patent pMovable property (not being pledge) pTrademark pFloating chage pcopyright or license under a copyright pOthers (b) If others, specify 5. (a) Whether consortium finance is involved mYes mNo (b) Whether joint charge involved mYes mNo ANNEXURE-I UCO BANK DOCUMENTATION MANUAL CHAPTER-5 26 UCO BANK DOCUMENTATION MANUAL CHAPTER-5 6. Number of charge holder(s) 7. Particulars of the charge holder(s) CIN Pre-fill Name Address Line I Line II City State ISO country code Pin code e-mail ID 8. Nature or description of the instrument(s) creating or modifying the charge (copy to be attached) 9. Date of the instrument creating or modifying the charge (DD/MM/YYYY) 10. (a) Whether charge created or modified outside India Yes No (b) In case of charge created or modified outside India on the property situated outside India, the date of receipt of document in India. (DD/MM/YYYY) 11. Amount secured by the charge (In case the amount is in foreign currency, rupee equivalent to be stated) (in Rs.) 12. Brief particulars of the principal terms and conditions and extent and operation of the charge (a) Rate of interest FORM 8 (Contd.) 27 UCO BANK DOCUMENTATION MANUAL CHAPTER-5 (b) Terms of repayment (c) Margin (d) Extent and operation of the charge (e) Others 13. In case of acquisition of property, subjected to charge, furnish the details relating to the existing charge on the property so acquired (a) Date of instrument creating or evidencing the charge (DD/MM/YYYY) FORM 8 (Contd.) 28 UCO BANK DOCUMENTATION MANUAL CHAPTER-5 (b) Description of the instrument creating or evidencing the charge (c) Date of acquisition of property (DD/MM/YYYY) (d) Amount of the charge (in Rs.) (e) Particulars of the property charged 14. Short particulars of the property charged (including location of the property) 15. (a) Whether any of the property or interest therein under reference is not registered in the name of the company mYes mNo (b) If yes, in whose name it is registered Note : If more than one charge holder involved, details of extent of charge, particulars of property charged, amount secured to be provided in attachment. FORM 8 (Contd.) 29 UCO BANK DOCUMENTATION MANUAL CHAPTER-5 16. Date of latest modification prior to the present modification (DD/MM/YYYY) 17. Particulars of the present modification Attachments List of attachments 1. Instrument of creation or modification of charge Attach 2. Instrument evidencing creation or modification Attach of charge in case of acquisition of property which is already subject to charge 3. Particulars of all joint charge holder Attach 4. Optional attachment(s) if any Attach Remove attachment Verification To the best of my knowledge and belief the information given in this form and its attachments is correct and complete. I have been authorised by the board of directors resolution dated (DD/MM/YYYY) to sign and submit this form. To be digitally signed by Managing director or director or manager or secretary (in case of an Indian company) or an authorised representative (In case of a foreign company) Designation Director identification number of the director or membership number of the secretary Verification To the best of my/our knowledge and belief, the information given in this form and its attachments is correct and complete. I/we am/are duly authorised to sign this form. To be digitally signed by Designation Charge holder To be digitally signed by Designation ARC or assignee Modify Check Form Prescrutiny Submit For office use only : It is certified that the above document for charge creation or modification (other than those related to debentures) is hereby registered Digital signature of the authorising officer Submit to BO FORM 8 (Contd.) 30 ANNEXURE-2 FORM 17 [Pursuant to section 138 and pursuant to section 600 of the Companies Act, 1956] Particulars for satisfaction of charges Note All fields marked in are to be mandatorily filled. 1. (a) Corporate identity number (CIN) or foreign company registration number of the company Pre-fill (b) Global location number (GLN) of company 2. (a) Name of the company (b) Address of the registered office or of the principal place of business in India of the company 3. Charge creation identification (ID) number Pre-fill (a) Particulars of the charge holder CIN Name Address (b) Particulars of creation of original charge and subsequent modifications. (i) Charge creation date (DD/MM/YYYY) (ii) Charge last modified date (DD/MM/YYYY) (iii) Final amount secured (in Rs.) 4. Date of satisfaction of charge in full (DD/MM/YYYY) UCO BANK DOCUMENTATION MANUAL CHAPTER-5 31 UCO BANK DOCUMENTATION MANUAL CHAPTER-5 Attachments 1. Letter of the charge holder that the amount has been satisfied Attach 2. Optional attachment(s) if any Attach List of attachments Remove attachment Declaration To the best of our knowledge and belief, the information given in this form and its attachments is correct and complete. I have been authorised by the board of directors resolution dated (DD/MM/YYYY) to sign and submit this form To be digitally signed by Managing director or director or manager or secretary (in case of an Indian company) or an authorised representative (In case of a foriegn company) Declaration I am duly authorised to sign this form. To be digitally signed by Charge holder (financial institution or bank or debenture holder etc.) Certificate It is hereby certified that I have verified the above particulars from the books of account and records of M/s. and found them to be true and correct. Chartered Accountant or cost accountant or company secretary (in whole-time practice) Modify Check Form Prescrutiny Submit For office use only : It is certified that the above document for charge satisfaction is hereby registered Degital signature of the authorising officer Submit to BO FORM 17 (Contd.) 32 CHAPTER-6 UCO RENT SCHEME FOR FINANCING RENTAL RECEIVABLES General Under UCO Rent Scheme, the following documents are required to be obtained : a) Agreement for assignment of rent receivables (as per format enclosed) b) Term Loan Agreement (A-109) c) Letter of Guarantee (A-107/A-21/A-21A) d) Creation of Equitable Mortgage e) Registration of charges on fixed assets with Registrar of Companies (wherever required) f) Original Lease Agreement with legal opinion. g) Valuation Certificate/s of properties from approved valuer. UCO BANK DOCUMENTATION MANUAL CHAPTER-6 33 AGREEMENT FOR ASSIGNMENT OF RENT THIS AGREEMENT\ FOR ASSIGNMENT OF RENT is made this ..................................... .................. day of ................... Two thousand BETWEEN ................ a company incorporated under the CompaniesAct, 1956 and having its Registered Office at ........................................... ................................... / ............. son of ....................., residing at ............................................. ......................................................... son of ................................................................... residing at .................................................................. and............................................................................ son of ............................................................ residing at ........................................................... ................................................. carrying on business in co-partnership under the name and style of ..................................................., hereinafter called the Borrower (which expression shall unless excluded by or repugnant to the context be deemed to mean and include its/ his/her/ their respective heirs, executors, administrators, legal representatives, successors or successors in office and assigns) of the First Part, UCO BANK, a body corporate constituted under the banking Companies (Acquisition & Transfer to Undertaking) Act, 1970 as amended by Section 10 Sub-Section (i) of the Banking (Amendment) Act, 1985 and having its Head Office at No. 10, Biplabi Trailokya Maharaj Sarani, Kolkata-700 001 and a Branch/Regional Office amongst other places at ......................................................... hereinafter called the Bank (which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns) of the Second Part AND ..................................................................... , a Company incorporated under the Companies Act, 1956 and having its Registered Office at ......................................................................... /................................................................ son of ............................................................ residing at ............................................................ / ............................................................................ son of .................................................................. residing at ................................................................. and .............................................................. ........................................................... son of .................................................................................. ................................................ residing at ............................................................... carrying on business in co-partnership under the name and style of ........................................................., hereinafter called the Tenant (which expression shall unless excluded by or repugnant to the context be deemed to mean and include its/his/her/their respective heirs, executors, administrators, legal representatives, successors or successors in office and assigns) of the Third Part. WHEREAS 1. The Borrower is the owner / lessor of house/flat No. ............................. situated at UCO BANK DOCUMENTATION MANUAL CHAPTER-6 34 Premises No. ............................................................................ (here set out detailed description of the property) and is fully authorised and empowered to let out/grant lease of the said house/flat on such terms and conditions as the Borrower shall think fit and proper. 2. The Borrower has let out/granted lease of the above house/flat to ............................ ..................................., Tenant herein, by way of monthly tenancy/lease upon the terms and conditions therein contained, a copy of which Tenancy/Lease Agreement is annexed hereto and marked with letter A. 3. The Borrower has approached the bank to grant to it .......................................... facilities to enable the Borrower to .......................................... 4. At the request of the Borrower, the Bank has sanctioned to the Borrower loan of Rs. ................................................ , inter alia, against the securities of assignment of rent receivables by the Borrower from its Tenant in favour of the Bank. 5. To give effect to the aforesaid arrangement, the parties hereto have agreed to execute an agreement (being these presents) upon the terms and conditions hereinafter appearing. NOW THIS AGREEMENT WITNESSETH as follows :- 1. The Bank has granted and/or agreed to grant and the Borrower has taken and/or agreed to take facilities/ .............................. loan of Rs. ................................................ from the Bank subject to payment of interest at the rate hereinafter mentioned and upon the terms and conditions hereinafter contained. 2. The Borrower hereby agrees and covenants with the Bank to repay to the Bank loan amount of Rs. ....................................... by................................. monthly instalments of Rs. ............................................. each commencing from ............................................................... and ending on .......................................... and such payment shall be made by assignment of rent receivable by the Borrower from the Tenant. 3. The Borrower hereby agrees and promises with the Bank to pay to the Bank interest @ ............... % per annum on the amount of loan outstanding for the time being on monthly/ quarterly/half-yearly rents and charged in accordance with the practice of the Bank. 4. In fulfilment of the Borrowers Convenient to repay the loan amount by instalment and to UCO BANK DOCUMENTATION MANUAL CHAPTER-6 35 pay interest at the rate hereinbefore mentioned the Borrower hereby agrees to assign in favour of the Bank monthly rent of Rs. ................................. receivable by the Borrower from its Tenant in terms of the Tenancy Agreement entered into between the Borrower of the One part and the Tenant of the Other part and for the aforesaid purpose, the Borrower hereby unconditionally and irrevocably instructs and authorises the Tenant to pay to the Bank each and every month the rent payable by the Tenant to the Borrower in terms of the aforesaid Tenancy/Lease Agreement to liquidate the outstandings of the Borrower with the Bank under loan/facilities/ ................................. loan of Rs. .......................................... enjoyed by the Borrower with the Bank. 5. In consideration of the Borrower having instructed and authorised the Tenant and agreed to assign rent receivable by the Borrower from its Tenant in favour of the Bank the Tenant hereby agrees and undertakes with the Bank to deposit with the bank in the Account No. ...................................... or such other account, as might be communicated by the Borrower or the Bank, of the Borrower maintained with the Banks .................................... Branch at ............................ on or before 5th day of each and every month the monthly rent of Rs. ....................................... payable by the Tenant to the Borrower subject to the deduction of tax at source and other amounts as mentioned in the aforesaid Tenancy/Lease Agreement dated ................................ entered into between the Borrower of the One Part and the Tenant of the Other Part. 6. The Borrower hereby agrees and convenant with the Bank as follow :- (a) That so long as the above loan is not fully repaid by the Borrower to the Bank, the Borrower shall not change its instruction or authorisation given to its Tenant to pay the rent to the Bank and terminate the tenancy/lease of the Tenant without the consent in writing of the Bank. (b) Upon deposit of rent by the Tenant with the Bank in the manner stated above, the Borrower shall issue rent receipt in favour of the Tenant; (c) The Borrower herepy irrevocably authorises and directs the Tenant to pay to the Bank the monthly rent receivable by the Borrower from the Tenant in terms of their Tenancy/ Lease Agreement dated ........................... . (d) The Borrower shall execute formal Deed of Assignment of Rent at its/his/her cost and expenses including stamp duty payable on such Deed of Assignment of Rent as and when UCO BANK DOCUMENTATION MANUAL CHAPTER-6 36 the Borrower called upon by the Bank to do so to protect the interest of the Bank and the Borrower undertakes to execute such Deed of Assignment and shall not raise any dispute or objection for such purpose. (e) The Borrower hereby confirms and declares that if pursuant to Clause 7 (c) of this Agreement hereinafter mentioned, the Bank exercises its option to take possession of the Tenanted/Leased Premises from the Tenant and the Tenant delivers possession to the Bank, the Borrower shall not raise any dispute or objection to such delivery of possession and the Banks acceptance of possession from the Tenant shall be a good and valid discharge of the Tenant. (f) The Borrower hereby empowers and authorises the Bank to accept possession of the above house/flat from the Tenant pursuant to the aforesaid sub-clause (e) and if necessary to issue Discharge Certificate in favour of the Tenant for and on behalf of the Borrower. 7. The Tenant hereby agrees and covenants with the Borrower and the Bank as follows :- (a) The Tenant hereby confirms the arrangement for Agreement of Assignment of Rent by the Borrower in favour of the Bank. (b) That the Tenant shall deposit with the Bank each and every month, subject to deduction of tax at source and other moneys, rent payable by the Tenant to the Borrower in terms of the Tenancy/Lease Agreement dated .......................................... (c) If the Tenant desires to terminate the tenancy/lease during the subsistence of the Loan agreement dated ......................................., the Tenant shall do so upon prior notice being served on the Bank and if the Bank desires, the Tenant shall deliver possession of the above Tenanted House/Flat to the Bank which the Borrower hereby confirms. 8. The Borrower and the Tenant hereby agree and confirm that they shall not modify and of the terms, condition and covenants contained in their Tenancy/Leese Agreement without the consent in writing of the Bank. 9. Any notice in writing to be served upon any of the parties hereto may be made or given by sending the same to such party at its respective address mentioned herein and every such notice shall be deemed to be received at the-time at which it is left or at the time which it would have been delivered by post or otherwise at the respective address of the parties. UCO BANK DOCUMENTATION MANUAL CHAPTER-6 37 IN WITNESS WHEREOF the parties hereto have executed these presents on the day, months and year first above written. SIGNED and DELIVERED by the above named Borrower in the presence of: SINGED and DELIVERED for and on behalf of Bank by Mrs. .......................................... ............................................. its ........................................ in the presence of : SIGNED and DELIVERED by the above - named Tenant in the presence of : UCO BANK DOCUMENTATION MANUAL CHAPTER-6 38 CHAPTER-7 ADVANCES ON CONSORTIUM BASIS : SINGLE WINDOW CONCEPT OF LENDING (SWCL) BY BANKSDOCUMENTATION General With a view to enable the borrower financed by a consoritum of banks to execute only one set of documents which will be signed by the leader bank on its own behalf and on behalf of other members, a set of model documents has been evolved by the Legal Committee of the Indian Banks Association (IBA) for adoption by the bank. The procedure contemplated envisages execution of the following documents : i) Resolutions to be passed by the borrowers Board of Directors. ii) Resolutions to be passed by the B banks Board (B bank being the bank having second largest share). iii) Resolutions to be passed by the Boards of C bank, D bank and E bank (who are the other members of consoritum). iv) Letter of authority to be given by B bank, C bank, D bank and E bank to A bank (the leader bank). v) The letter of authority to be given by C bank, D bank and E bank to B bank. vi) Working capital consortium agreement. vii) Joint deed of hypothecation. viii) Inter se agreement to be entered into between A bank, B bank, C bank, D bank and E bank. ix) Revival letter for purposes of limitation and x) Letter of undertaking from the borrower for creating a second mortgage on fixed assets. The prescribed documentation procedure may be adopted in case of advances on consortium basis. It is advisable that the documentation procedure to be adopted by the consortium banks should be deliberated in the consortium meeting and on the basis of the consensus arrived at individual banks would take necessary steps in this regard. The IBA formats (revised) of consortium documents under Single Window Concept of Lending are annexed hereto. UCO BANK DOCUMENTATION MANUAL CHAPTER-7 39 ANNEXURE-I BOARD RESOLUTIONS The Chairman informed the Board that to meet a part of the Working Capital requirements of the Company/of the Division of the Company situated at ........................................................... in the State of ............................................................, the consortium of Bankers, namely, A Bank, B Bank, C Bank, D Bank and E Bank with A Bank as the Lead Bank have sanctioned to the Company various limits as follows : A Bank B Bank C Bank D Bank E Bank Cash Credit Hypothecation of Stocks & Goods - Limit Hypothecation of Book Debts - Sub-limit Bills Purchased/ Discounting - Limit Cheque Purchase Limit - Sub-limit Import/Inland Letter of Credit Sight / DA upto 180 days - Limit Inland Revolving Letter of Credit Sight / DA upto 60 days - Sub-limit Pledge Guarantee Limit Drawings against Uncleared Effects Bills Acceptance Limit Total (The above List is only illustrative and not exhaustive) on the terms and conditions set out UCO BANK DOCUMENTATION MANUAL CHAPTER-7 40 UCO BANK DOCUMENTATION MANUAL CHAPTER-7 in their respective sanction letters. A Bank, B Bank, C Bank, D Bank and E Bank are hereinafter collectively referred to as the A Bank Consortium. It has been agreed by and between the A Bank Consortium and the Company that the security for the above said Working Capital Limits will be a first charge on the Current Assets of the Company (namely, Stocks of Raw Materials, Stocks-in-process, Semi-Finished and Finished Goods, Stores and Spares not relating to Plant and machinery (Consumable Stores & Spares), Bills Receivable, Book Debts and all other movables excluding such movables as may be permitted by the A Bank Consortium in their discretion from time to time, both present and future, wherever situate and a Second Charge, if so required by the A Bank Consortium, on the Companys immovable and movable assets (other than the Current Assets and mentioned above) both present and future. the Chairman further informed the Board that such charge on the Current Assets will rank pari passu with the existing charges created and/or agreed to be created thereon in favour of ........................................................................*. * (Here give the names of the Existing Bankers of the Company/Companys Division having a Charge on the Current Asets, which will have a pari passu ranking). The Chairman further informed the Board that a Working Capital Consortium Agreement has to be entered into between the Company and the A Bank Consortium. The Chairman requested the Board to pass the necessary Resolution for the said purpose. After some discussion the following Resolutions were passed : 1) The Company do borrow and avail of the following facilities from the A Bank Consortium, namely : A Bank B Bank C Bank D Bank E Bank Cash Credit Hypothecation of Stocks & Goods Limit Hypothecation of Book Debt Sub-limit Bills Purchased/ Discounting Limit Annexure-I (Contd.) 41 UCO BANK DOCUMENTATION MANUAL CHAPTER-7 A Bank B Bank C Bank D Bank E Bank Cheque Purchase Limit - Sub-limit Import / Inland Letter of Credit Sight / DA upto 180 days Limit Inland Revolving Letter of Credit Sight / DA upto 60 days Sub-limit Guarantee Limit Drawings Against Uncleared Effects Bills Acceptance Limit Total (the above List is only illustrative and not exhaustive) on the terms and conditions as set out i n thei r respecti ve sancti on l etters i ssued to the Company and that Shri ............................................................, Shri ........................................................................ and Shri ........................................................................ be and are hereby severally authorised to discuss and settle and finalise the terms and conditions with the A Bank consortium in consultation with A Bank, as the Lead Bank, and agree to such amendments, modifications or revisions therein as are acceptable to and for and on behalf of the Company. 2. The Company do approve the draft of the Working Capital Consortium Agreement with A Bank, B Bank, C Bank, D Bank and E Bank in respect of the said facilities sanctioned by them to the Company in a form acceptable to the A Bank Consortium and that Shri ............................................................, Shri ............................................................ and Shri ........................................................................ be and are hereby severally authorised to settle and finalise the same for and on behalf of the Company and the Company do execute the Working Capital Consortium Agreement as so finalised and that the Annexure-I (Contd.) 42 UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Common Seal* of the Company be affixed to the stamped engrossment of such Working Capital Consortium Agreement as finally settled and to (five)** counterparts thereof in the presence of any one of Shri ............................................................, Shri ............................................................, Shri ............................................................, Directors of the Company and Shri ............................................................ being the secretary of the Company/the person authorised by the Board in that behalf, who do sign the same in token thereof. * To check with the Articles of Association of the Company and to frame it accordingly. ** Number to be changed according to the number of Members in the Consortium. 3. Shri ............................................................, Shri ............................................................ and Shri ............................................................ be and are hereby severally authorised to accept such amendments, modifications or revisions in the said Working Capital Consortium Agreement after execution, during the period the said Working Capital Facilities from the A Bank Consortium or any one or more of them subsist. 4. The Company do approve the Joint Deed of Hypothecation to be executed in favour of A Bank, B Bank, C Bank, D Bank and E Bank a Joint Deed of Hypothecation in respect of the Current Assets of the Company, namely Stocks of Raw Materials, Stocks in Process, Semi-Finished and Finished Goods, Spares and Stores not relating to the Plant and Machinery (Consumable Stores and Spares), Bills Receivable, Book Debts and all other movables (excluding such movables as may be permitted by the A Bank Consortium in their discretion from time to time), both present and future and that Shri ............................................................, Shri ............................................................, Shri ............................................................ be and are hereby severally authorised to settle and finalise the same for and on behalf of the Company and the Company do execute such Deed of Hypothecation as so finalised. 5. The Company do file the requisite particulars of charge with the Registrar of Companies, ................................................, in respect of the said Joint Deed of Hypothecation after execution within the time prescribed by law. 6. The Company do create, execute and furnish to the A Bank Consortium security by way of a Second Mortgage and Charge on the Fixed Assets and the Company as and by way of a Collateral Security, if so required by the A Bank Consortium and as and when stipulated by it, to secure the said Working Capital Facilities, after obtaining the Annexure-I (Contd.) 43 UCO BANK DOCUMENTATION MANUAL CHAPTER-7 requisite approvals therefor from the Existing Term Lenders, in such form and manner as may be satisfactory to the A Bank Consortium such deeds, documents or writings, as in the opinion of the A Bank Consortium seems necessary, desirable or expedient and that such deeds, documents or writings as are not to be executed under the Common Seal* of the Company be executed by Shri ..........................................................., Shri ............................................................ and Shri ............................................................ severally and in case the Common Seal of the Company has to be affixed to such of the deeds, documents or writings, the same be executed under the Common Seal of the Company in the presence of any one of Shri ............................................................, Shri ............................................................ and Shri ............................................................, Directors of the Company and Shri ............................................................, being the Secretary of the Company/the person authorised by the Board in that behalf, who do sign the same in token thereof. * To check with the Articles of Association of the Company and to frame it accordingly. 7. The Company do file with the Registrar of Companies, ......................................................., the requisite Particulars of Modification of Charge in respect of such Mortgage and Charge as and when created and executed within the time limit prescribed therefor. 8. The Company do furnish to the A Bank as the Lead Bank the Original Certificates of Registration of Charges/Modification of Charges after they are issued by the Registrar of Companies. 9. Certified true copies of the aforesaid Resolutions be and are hereby authorised to be forwarded to the A Bank Consortium and they be requested to act thereon. Annexure-I (Contd.) 44 ANNEXURE-2 Resolution to be passed by B Bank (* See Note below) The Chairman informed the Board that to meet the Working Capital requirements of ............................................................ Limited (the Borrower), the Consortium of Bankers viz., A Bank, B Bank, C Bank, D Bank and E Bank hereinafter referred to as A Bank Consortium have sanctioned and/or agreed to sanction to the Borrower at its request various Limits aggregating to Rs. .................................... lacs. The Chairman informed the Board that the share of the Bank in the said Limits has already been santioned at the Board Meeting held on the ........................ day of ........................ 200 ...... and that it has been agreed by and between the A Bank Consortium that A Bank will be the Lead Bank and B Bank will be the Second Lead Bank on the basis of the said Banks exposure with the Borrower in respect of the fund based facilities. The Chairman informed the Board further that to facilitate the working of the Consortium smoothly, it will be necessary for the Bank to appoint A Bank as the Lead Bank and for the Bank to act as the Second Lead Bank and to grant the A Bank the requisite authority to act for and on behalf of the Bank in all matters concerning the various Limits sanctioned by the Bank to the Borrower. After some discussion the following Resolutions were passed : RESOLVED THAT the Bank do recognise and appoint A Bank as the Lead Bank of the A Bank Consortium and do issue to A Bank proper Letter of Authroity constituting and nominating A Bank as the Attorney of the Bank in such form as the Lead Bank may require in respect of the said A Bank Consortium and the Limits sanctioned by the Bank to the Borrower. Resolved Further that the Bank do act as the Second Lead Bank of the A Bank Consortium and that the Chief General Manager, Chief Manager, General Manager, Deputy General Manager and any other Official duly authorised according to the Internal Regulations of the Bank be and are hereby severally authorised to take all such steps and may be necessary to function as such Second Lead Bank and to do all such acts, deeds or things as may be necessary to give effect to the Consortium spirit and the aforesaid Resolution. NOTE * (In case the Boards Sepcific Authority is not needed in view of the General Authority UCO BANK DOCUMENTATION MANUAL CHAPTER-7 45 UCO BANK DOCUMENTATION MANUAL CHAPTER-7 conferred on Cetain Officials of the Bank, requisite action pursuant thereto may be taken for recognising and appointing A Bank as the Leader of the Consortium and B Bank as the Second Lead Bank, as the case may be, and to do all such acts and things as may be necessary incidental thereto on the lines of the above Resolutions.) Annexure-2 (Contd.) 46 ANNEXURE-3 II B Resolutions to be passed by C Bank, D Bank and E Bank (*See Note below) The Chairman informed the Board that to meet the Working Capital requirements of ...................................................... Limited (the Borrower), the Consortium of Bankers viz., A Bank, B Bank, C Bank, D Bank, and E Bank hereinafter referred to as A Bank Consortium have sanctioned and/or agreed to sanction to the Borrower at its request various Limits aggregating to Rs. ........................... lacs. The Chairman informed the Board that the share of the Bank in the said Limits has already been sanctioned at the Board Meeting held on the ........................... day of ...........................200 ........ and that it has been agreed by and between the A bank Consortium that A Bank will be the Lead Bank and B Bank will be the Second Lead Bank on the basis of the said Banks exposure with the Borrower in respect of the fund based facilities. The Chairman informed the Board further that to facilitate the working of the Consortium smoothly, it will be necessary for the Bank to appoint A Bank as the Lead Bank and B Bank as the Second Lead Bank and grant them the requisite authority to act for and on behalf of the Bank in all matters concerning the various Limits sanctioned by the Bank to the Borrower. After some discussion the following Resolutions were passed : RESOLVED THAT the Bank do recognise and appoint A Bank as the Lead Bank of the A Bank Consortium and B Bank as the Second Lead Bank of the A Bank Consortium and do issue to A Bank and B Bank proper Letters of Authority constituting and nominating A Bank and B Bank as the Attorneys of the Bank in such form as the Lead Bank may require in respect of the said A Bank Consortium and the Limits sanctioned by the Bank to the Borrower. Resolved Further that the Chief General Manager, Chief Manager, General Manager, Deputy General Manager and any other Official duly authorised according to the Internal Regulations of the Bank be and are hereby severally authorised to take all such steps as may be necessary to do all such acts, deeds or things as may be necessary to give effect to the Consortium spirit and the aforesaid Resolution. NOTE *(In case the Boards Specific Authority is not needed in view of the General Authority Conferred on Certain Officials.) UCO BANK DOCUMENTATION MANUAL CHAPTER-7 47 ANNEXURE-4 IIIA Letter of Authority to be given by B Bank, C Bank, D Bank and E Bank to A Bank (the leader Bank) To Date .............................. A Bank (Lead Bank) Dear Sir, We refer to the allocation of Credit Limits made to us under the Consortium Arrangement of Working Capital Facilities sanctioned and/or agreed to be sanctioned to ...................... ...................................... Limited, a Company within the meaning of the Companies Act, 1956 and having its Registered Office at .................................................., hereinafter referred to as the Borrower, of which Consortium YOU, A Bank is recognised and appointed by us as the Lead Bank of the Consortium, known as A Bank Consortium. To enable you to take all actions and decisions for and on behalf of us and the remaining Members of the A Bank Consortium, WE HEREBY NOMINATE, APPOINT AND CONSTITUTE YOU, A Bank as our true and lawful attorney for us, in our name and on our behalf to do, execute and perform all acts, deeds and things as YOU may deem appropriate, necessary or expedient in the given circumstances as the Lead Bank of the A Bank Consortium and to execute for and on our behalf and in our name the Working Capital Consortium Agreement and the Joint Deed of Hypothecation to be entered into with the Borrower and further to take all decisions for an on our behalf in respect of the Working Capital Facilities granted and/or agreed to be granted to the Borrower and communicate the same to the persons concerned. WE HEREBY AGREE to abide by such directions, clarifications or instructions as may from time to time by given by YOU, as the Lead Bank in respect of all or any matters affecting or relating to the Cash Credit Account(s) or other Account(s) opened by the Borrower with us in accordance with such Guidelines as may be issued by the Reserve Bank of India from time to time in that regard. WE FURTHER HEREBY AGREE TO RATIFY AND CONFIRM whatever acts, deeds and things lawfully and bonafide done, taken or effected by YOU, as the Lead Bank and as our attorney in exercise of the powers, authorities and liberties conferred upon, under and by virtue of the Working Capital Consortium Agreement and the Joint Deed of Hypothecation UCO BANK DOCUMENTATION MANUAL CHAPTER-7 48 UCO BANK DOCUMENTATION MANUAL CHAPTER-7 to the entered into with the Borrower as also the INTER SE AGREEMENT between the Members of the A Bank Consrotium. WE HEREBY DECLARE AND CONFIRM that this AUTHORITY given to YOU by us is and shall be irrevocable and unconditional and WE are aware that on the strength of this AUTHORITY YOU have agreed to act as the Lead Bank of the A Bank Consortium. YOURS FAITHFULLY, FOR B BANK FOR C BANK FOR D BANK FOR E BANK Annexure-4 (Contd.) 49 ANNEXURE-5 III B The Letter of Authority to be given by C Bank, D Bank and E Bank to B Bank To Date ................................. B Bank (Second Lead Bank) Dear Sirs, We refer to the allocation of Credit Limits made to us under the Consortium Arrangement of Worki ng Capi tal Faci l i ti es sancti oned and/or agreed to be sancti oned to ............................................ Ltd., a company within the meaning of the Companies Act, 1956 and having its Registered Office at ............................................, hereinafter referred to as the Borrower, of which Consortium, known as A Bank Consortium, A Bank is recognised as the Lead Bank and you, B Bank, is recognised and appointed by us as the Second Lead Bank of the Consortium. To enable you to take all actions and decisions for and on behalf of us, in the event that the Lead Bank is unable to act as such for whatever reason, WE HEREBY NOMINATE, APPOINT AND CONSTITUTE YOU, B Bank, as our true and lawful attorney for us, in our name and on our behalf to do, execute and perform all acts, deeds and things as YOU may deem appropriate, necessary or expedient in the given circumstances as the Second Lead Bank of the A Bank Consortium and to execute in case of need for and on our behalf and in our name the Working Capital Consortium Agreement and the Joint Deed of Hypothecation to be entered into with the Borrower and further to take all decisions for and on our behalf in respect of the Working Capital Facilities granted and/or agreed to be granted to the Borrower and communicate the same to the persons concerned. WE HEREBY AGREE to abide by such directions, clarifications or instructions as may from time to time be given by YOU, B Bank as the Second Lead Bank in the event that the Lead Bank is unable to act as such for whatever reason in respect of all or any matters affecting or relating to the Cash Credit Account(s) or other Account(s) opened by the Borrower with us in accordance with such Guidelines as may be issued by the Reserve Bank of India from time to time in that regard. WE FURTHER HEREBY AGREE TO RATIFY AND CONFIRM whatever acts, deeds and things lawfully and bonafide done, taken or effected by YOU, B Bank as the Second Lead UCO BANK DOCUMENTATION MANUAL CHAPTER-7 50 UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Bank and as our attorney in exercise of the powers, authorities and liberties conferred upon, under and by virtue of the Working Capital Consortium Agreement and the Joint Deed of Hypothecation to be entered into with the Borrower as also the INTER SE Agreement between the Members of the A Bank Consortium. WE HEREBY DECLARE AND CONFIRM that this AUTHORITY given to YOU by us is and shall be irrevocable and unconditional and WE are aware that on the strength of this AUTHORITY YOU have agreed to act as the Second Lead Bank of the A Bank Consortium. YOURS FAITHFULLY, FOR C BANK FOR D BANK FOR E BANK Annexure-5 (Contd.) 51 ANNEXURE-6 WORKING CAPITAL CONSORTIUM AGREEMENT THIS AGREEMENT is made at ....................................................... this the .............................day of .........................200 , between .................................................................. Limited, a Company within the meaning of the Companies Act, 1956 and having its Registered Office at ....................................................... (hereinafter called the Borrower, which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns) of the ONE PART AND a Bank a body corporate, constituted by and under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970/1980 and having its Head Office at .................................................................. and a Regional Office amongst other places at ............................................................................. (hereinafter called A Bank, which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns) of the SECOND PART, B Bank, a Statutory Corporation constituted by and under the ....................................................... and having one of its Local Head Offices at ....................................................... and a Zonal Office amongst other places at .................................................................. (hereinafter called B Bank, which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns) of the THIRD PART, C Bank, a body corporate, constituted by and under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970/1980 and having its Head Office at .................................................................. and a Regional Office amongst other placeas at .................................................................. (hereinafter called C Bank, which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns) of the FOURTH PART, D Bank, a body corporate, constituted by and under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970/1980 and having its Head Office at .................................................................. and Regional Office amongst other places at ....................................................... (hereinafter called D Bank, which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns) of the FIFTH PART AND E Bank, a Banking Company within the meaning of the Banking Regulation Act, 1949 and a Company within the meaning of the Companies Act, 1956 and having its Principal Place of Business in India at ....................................................... and a Regional Office at ....................................................... (hereinafter called E Bank which expression shall, unless it be repugnant to the subject or context thereof, include successors and assigns) of the SIXTH PART. UCO BANK DOCUMENTATION MANUAL CHAPTER-7 52 UCO BANK DOCUMENTATION MANUAL CHAPTER-7 (All of which a Bank, B Bank, C Bank, D Bank and E Bank are hereinafter collectively referred to as the said Banks or the A Bank Consortium which expression shall, unless it be repugnant to the subject or context thereof include each of them or any one or more of them and their respective successors and assigns); (*Insert as applicable and appropriate Zonal Office/Local Head Office/Circle Office/Branch Office). By Consent of all the Parties, a Bank is designated and recognised as the Lead Bank of the A Bank Consortium. If the Consortium of Banks is increased or diminished from time to time by adding or dropping of one or more Banks or is changed by substitution of one bank by another during the currency of this Agreement, then the Reconstituted Consortium will be governed by the provisions of this Agreement as if they have been added or dropped herein as the case may be and the term the said Banks shall mean and shall be deemed to include the Reconstituted Consortium as well. ARTICLE I 1. The Borrowers Application dated ................................. and the subsequent correspondence with the Lead Bank (thereinafte collectively referred to as the Borrowers proposals) shall be deemed to constitute the basis of this Agreement and of the credit facilities as hereinafter stated, and the Borrower hereby warrants the correctness of each and every statement and particulars therein contained and undertakes to carry out the Borrowers proposals therein set forth. The borrowers proposal as submitted to the Lead Bank should be copied to the member banks. 2. The Borrower declares and confirms that the said credit facilities shall be governed by the terms and conditions as set out in the Letters of Sanction of the A Bank Consortium/ Arrangement Letter No. ................................. dated ................................. as also by the terms and conditions herein contained, as well as those embodied in the relative security documents. 3. The Borrower undertakes to notify in writing to the said Banks of any circumstances affecting the correctness of any of the particulars set forth in the Borrowers proposals immediately on the happening or occurrence of any such circumstance. 4. The Borrower has been sanctioned, inter alia, the Working Capital Facilities in the Annexure-6 (Contd.) 53 proportion as mentioned in the First Schedule hereunder written by the A Bank Constortium, for meeting a part of the Working Capital needs of the Borrower/of the Borrowers * Division at ....................................... in the State of ............................................ in addition to/in replacement of existing facilities and replacement of certain other facilities on the terms and conditions set out herein and such other conditions as may be stipulated by the A Bank Cnsortium from time to time. [*Delete whichever is inapplicable] The Working Capital Facilities are hereinafter collectively referred to as the said Facilities, which expression shall, unless it be repugnant to the subject or context thereof, include each such facility or any one or more of them. The Limits of Sub-Limits as so fixed from time to time during the tenure of this Agreement shall be deemed to be the Limits of Sub-Limits covered under this Agreement. Provided, however, that the A Bank Consortium shall not be required to make or continue to make advances by way of Working Capital Facilities otherwise than at the discretion of the A Bank Consortium and in no circumstances of an amount exceeding with interest thereon the aforesaid Limits of Sub-Limits. The rights and obligations of each of the said Banks are several and failure of any one or more of the said banks to perform its or their obligations in respect of the said Facilities does not relieve or absolve the other Members of the A Bank Consortium or the Borrower of their or its respective obligations. 5. The Borrower shall open Cash Credit Account(s) or other Account(s) at such Branch or Branches of the said Banks as may be intimated to it by the Lead Bank for operating the said Facilities and the Borrower shall conform to the requirements of the Lead Bank of the A Bank Consrotium. 6. Subject to the provisions herein contained, each of the members of the A Bank Consortium agrees to the borrower availing of all or some or any of the said Facilities at the sole and absolute discretion of the said banks by way of overdrafts, cash credits, preshipment and postshipment credits, opening of letters of Credit, issuing of Guarantees including deferred payment guarantees and indemnities, negotiation and discounting of demand and/or usance bills and cheques and such other facilities as may be agreed upon from time to time for sums upto the limits or sub-limits as aforesaid and in no circumstance to an amount at any one time exceeding in the aggregate with interest thereon and other costs, if any, such limit or limits as the said Banks may, from time to time, decide in respect of each such facility or in the aggregate, to be made available at any one or more Branches of the said Banks or at any one or more branches of any one or more Associate Banks of the said Banks. UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 54 UCO BANK DOCUMENTATION MANUAL CHAPTER-7 7. The said Banks may at their discretion and at the specific request of the Borrower grant the said facilities to the Borrower by fixing limits in respect of goods, book-debts, movables and other assets hypothecated or against the security of pledge of goods, movables and other assets for the purpose of either (i) retiring documentary Bills draw on the Borrower covering purchase of goods required for the Borrowers manufacturing activities consigned from various places, or (ii) making remittances of the cost price of the materials direct to the suppliers by the said Banks subject, of course, to the advance being limited in each case to such per cent of the said Bills of the cost price of the materials respectively as may be decided by the said Banks from time to time and where the said banks so grant the facility, the Borrower hereby acknowledges in consideration thereof that the said Banks shall have a charge by way of pledge over the documents of title to goods, movables and other assets received with the Bills or otherwise which will be in the custody of the said Banks or which may come into the custody of the said banks and for this purpose the documents of title to goods, movables and other assets shall be deemed to have been delivered by the borrower to the said Banks for creating pledge of goods, movables and other assets covered by the documents and in further consideration of the delivery by the said banks of the said documents of title to goods, movables and other assets to the borrower or to the clearing agents of the Borrower under the Borrowers instructions and on behalf of the Borrower while the charge of the said Banks thereon and the borrowers own indebtedness or obligation in respect of the said advances or other valuable consideration are subsisting, the Borrower undertakes to clear and store and hold the goods, movables and other assets received under the said documents for and on behalf of the said banks as trustees and agents and if so required by the said banks to deliver possession of the goods, movables and other assets to the said Banks to be held by the said Banks as pledges of the said goods, movables and other assets. 8. The said Facilities shall be drawn in phases as may be agreed upon between the Parties hereto and the Borrower expressly agrees and undertakes that all the said Facilities or any of them shall be utilised exclusively for the purposes set forth in the Borrowers proposals and for no other purpsoe and no change shall be made therein without the written sanction of the said banks. 9. Interest shall be charged on the outstandings in the said account(s) at such rate or rates as may be determined by the said Banks from time to time and if such rate or rates is or are linked to the Commercial banks Advance Rate, then the effective rate of interest on such Account(s) shall correspondingly stand charged on account of any Annexure-6 (Contd.) 55 revision therein from the date of any such revision. Where interest is charged by the said Banks at a concessionary rate or rates because of the said facilities being granted by the said banks to the Borrower under the Interest Subsidy Scheme or any other Scheme(s) formulated by the Government and/or Reserve Bank of India or any Rehabilitation Scheme, the Borrower hereby agrees, declares, confirms and affirms that in the event of the withdrawal, modification and/or variation of such Scheme(s), the concessionary rate or rates of interest shall stand withdrawn and the usual normal rate or rates of interest of the said Banks as mentioned above applicable at the material time to the said Facilities shall become effective and the said banks shall become entitled to charge the Borrower such rate or rates of interest and the Borrower shall also pay to the said Banks and difference between such concessionary rate or rates and the usual normal rate or rates of interest of the said Banks as mentioned above applicable at the material time to the said Facilities and such difference shall also become due and payable by the Borrower to the said Banks from the date the withdrawal, modification and/or variation of any such Scheme(s) becomes effective. Interest shall be calculated respectively on the daily balance of such Account(s) and be debited thereto on the last working day of the month or quarter according to the practice of the said banks. The said Banks shall also be entitled to charge at their discretion such enhanced rates of interest on the Account(s) either on the entire outstandings or on a portion thereof as the said Banks may fix for any irregularity and for such period as the irregularity continues or for such time as the said Banks deem it necessary regard being had to the nature of the irregularity and the charging of such enhanced rate of interest shall be without prejudice to the other rights and remedies of the said Banks. 10. The Borrower hereby convenants with each of the said Banks that unless otherwise agreed to by the said Banks or any one or more to them, the Borrower shall repay the said Facilities to each of the said Banks forthwith on demand of all such amounts as may be standing at the foot of the said Account(s) together with interest, compound interest, additional interest, liquidated damages, costs, charges, expenses and other moneys thereon at the rate or rates as may be applicable thereto as set out in the Second Schedule hereunder written. Failure of the Borrower to repay shall entail in the Borrower being treated as a defaulter and the amount due as in derault invoking the provisions as the defaults as hereinafter stated. 11. The Borrower, further convenants that in case the said Facilities are eligible for cover under any Guarantee Scheme, the Borrower shall bear the guarantee fee paid/to be UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 56 paid in connection with the said Facility and it is agreed that the said guarantee fee shall be debited to the Borrowers Account and shall be treated as part of the said Facility and shall carry like interest and be secured in the same manner as the said Facility. 12. The Borrower further covenants that if the said Facilities or any of them are eligible for refinance from the Industrial Development Bank of India in accordance with the norms laid down for the same, then the said Banks shall be entitled to seek the refinance from the Industrial Development Bank of India for the said Facilities and if due to delay in disbursement or availment of the said Facilities on account of the default on the part of the Borrower and consequent delay in availing the refinance from the Industrial Development Bank of India, the said Banks** are required to pay commitment charges to the Industrial Development Bank of India, then in such event the Borrower agrees to bear the same and pay the same and pay also such charges to the said Banks as may become payable on account of the aforesaid factor and on the failure of the Borrower to pay the same, the said Banks will be entitled to debit such amount to the said Accounts of the Borrower and it shall be treated as part of the said Facilities and shall carry like interest and be secured in the same manner as the said Facilities. UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 57 ARTICLE II 1. The Borrower agrees that the said Facilities together with interest, compound interest, additional interest, liquidated damages, costs, charges, expenses and other moneys payable in respect thereof will be secured in favour of the said Banks by a First Charge by way of hypothecation and/or pledge of the Borrowers Current Assets, namely, Stocks of Raw Matierals, Semi-Finished and Finished Goods, Stores and Spares not relating to plant and machinery (Consumable Stores & Spares), Bills Receivable and Book Debts and all other movables of the Borrower/of the Borrower pertaining to the said Division*, both present and future excluding such movables as may be permitted by the said Banks from time to time. ** also by a Second Mortgage and Charge in favour of the said Banks ranking after the Charges created and/or to be created in favour of the Term lenders of the Borrower on the Borrowers immovable and movable properties (other than Current Assets) both present and future in a form and manner acceptable to the said banks. * Delete whichever is inapplicable. ** Only if so stipulated by the said Banks; If not applicable delete this para. 2. The Borrower shall, if required, procure irrevocable and unconditional guarantees in the form prescribed by the Lead Bank from its Directors and/or others for the payment and discharge by the Borrower of the said Banks of the sum of Rs. ...................... and interest and costs, charges and expenses and other moneys due and payable by the Borrower to the said Banks under or in respect of the said Facilities. 3. The said Banks shall have the absolute right to decide whether or not they will accept as security for the purpose of any/some/all of the said Facilities and goods, book-debts, movables and other assets offered from time to time to the said Banks by the Borrower. The said Banks shall be at liberty at their sole discretion at any time without previous notice and without assigning any reason whatsoever to cease to accept the security from the Borrower and/or to cease making advances thereagainst. 4. The goods, book-debts, movables and other assets hypothecated and/or pledged shall be valued at the proper rates whether fixed by the Lead Bank or not and the Borrower shall not overvalue the same. Indigenous raw materials/packing materials/consumable UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 58 stores/spares shall be valued at current market rates or invoice rates or Government controlled rates whichever are the lowest. Imported raw materials shall be valued at landed cost (i.e. invoice value plus customs duty but exclusive of sales-tax and demurrage) or market price whichever is lower. Semi-finished goods shall be valued at cost plus factory overhead and finished goods shall be valued at cost or market price or Government controlled reates or selling prices whichever are the lowest. The said Banks shall be at liberty to have any goods, book-debts, movables and other assets hypothecated and/or pledged as aforesaid valued by an appraiser appointed by the Lead Bank and the Borrower agrees and confirms to give all the required assistance/co- operation to such appraiser for such valuation and the said valuation shall be binding on the borrower and the fees and expenses of such appraisal shall be borne by the Borrower and may be debited to the Account(s) of the Borrower with the said Banks. The Borrower declares and assures the said Banks that the Borrower shall maintain regular turnover in the goods, movables and other assets hypothecated and/or pledged to the said Banks and that the goods, movables and other assets shall not be allowed to remain in the possession of the said Banks for unduly long periods. 5. In respect of the said Facilities granted to the Borrower against pledge of goods, movables and other assets all such goods, movables and other assets shall be placed in the possession of the said Banks under their control and in such manner that such possession and control may be apparent and indisputable. In pursuance thereof, inter alia, the godowns, factories and other places approved by the said Banks in this respect where the goods, movables and other assets that are pledged have been stored shall bear the name boards of the said Banks indicating that the goods, movable and other assets lying therein are pledged to the said Banks. Where the goods, movables or other assets which are pledged with the said banks are released to the borrower on trust under a factory, mundy type ledge, or other basis for the limited purpose of facilitating the Borrower carrying on the manufacturing or other activity the Borrower undertakes that the padlocks of the said Banks will be used on the godowns, factories or other places where they are stored and such godowns, factories or other places will be locked by the Borrower when not in use and the keys thereof shall be returned to the said Banks on demand and that the name Boards of the said Banks shall be displayed on such factory, mundy or other places where such manufacturing or other activity is carried on indicating that the goods, movables and other assets are pledged to the said Banks. The Borrower further agrees that all sea, rail and other transport freights, demurrages, customs duties, terminal taxes, cartage, godown rents and all other charges and expenses paid or incurred by the said Banks in obtaining actual physical possession UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 59 of and in clearing, storing and forwarding the said goods, movables and other assets shall be debitable to the Account(s) of the Borrower and form a part of the aggregate amount secured. 6. All the machineries of the Borrower hypothecated, pledged or otherwise charged to the said Banks shall be treated as movable properties and not as immovable properties and shall bear the name plates of the said banks indicating that the said machineries are hypothecated, pledged or otherwise charged, as the case may be, to the said Banks. The Borrower shall also exhibit conspiciously in the main-hall of the factory a list showing the items of machineries hypothecated, pledged, or otherwise charged to the said banks. 7. In respect of goods, movables and other assets stored and held in godown owned or hired by or let to the Borrower, the Borrower shall poivide the said Banks and their respective agents and nominees with an unimpaired access to the godowns at all times and where the godowns are hired by or let to the Borrower, the Borrower shall furnish to the said Banks a letter form the landlords/owners consent to continue such unimpaired access to the godowns to the said Banks and their respective agents and nominees and also declaring that notwithstanding any claim for any unpaid rent the landlords/ owners acknowledge the prior claim of the said bansk on all the goods, movables and other assets stored and held therein and hypothecated, pledged or otherwise charged to the said Banks and that the said Banks, their respective agents and nominees shall have the right to remove the goods, movables and other assets so stored and held in the godowns whenever desired by the said Banks. 8. The Borrower shall not compound or release any of the book-debts nor do anything whereby the recovery of the same may be impeded, delayed or prevented without the consent in writing of the said Banks first had and obtained. 9. A. In respect of advances granted by the said Banks to the Borrower by way of purchase/negotiation/discount of clean/documentary/demand usance Bills of Exchange drawn by the Borrower on his/its/their various customers and expressed in foreign currency or Indian rupees and whether under letters of credit or otherwise and/or in repect of said Bills tendered for collection the Borrower agrees and convenants with the said banks as under : a) that the Bills shall bear adequate stamp duty and shall be drawn by the Borower in conformity with the proforma prescribed under the Reserve Bank of India Scheme, indicating on the face thereon the description and quantity of goods sold and the number and date of the carriers receipt; UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 60 b) that the Bills shall be drawn with a usance, ordinarily, of not exceeding 90 days; c) that at the time of offering upcountry usance Bills for discount the Bills shall be accompanied by railway receipts or motor transport receipts of approved transport Companies together with the relative original invoices and that the documents will be delivered to the drawees only after the Bills are accepted; d) that in the case of local sales, Bills shall be accompanied by copies of invoices bearing acknowledgements of the purchasers in token of their having received the goods and shall be offered for discount only after acceptance of Bills by the drawees; e) that upcountry or local Bills will not be collected by the Borrower through banks other than the said Banks; f) that the Borrower shall ensure that upcountry Bills are accepted by the drawees on presentation and retired on due dates. In the event of the Bills remaining unaccepted on presentation or unpaid on due dates, the said Banks shall be entitled to recover the amount of such Bills along with overdue interest and other incidental charges by debit to the account of the Borrower; g) that the said Banks shall be at liberty not to accept cheques drawn on local banks from the drawees in payment of Bills drawn on them unless such cheques are tendered at the said banks Counters before clearing hours on due dates. In the event of cheques being received late after clearing hours on due dates, the said Banks may treat the relative Bills as unpaid and may debit the amount thereof to the account of the Borrower on due date; h) that the Borrower shall furnish to the said Banks in advance a list of parties on whom the Borrower intends to draw usance Bills for prior approval of the said banks; i) that the Borrower shall abide by such terms and conditions as the said Banks may from time to time stipulate; j) that the rates for discounting the Bills will be the same rates as are applicable from time to time; UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 61 k) that the said Banks shall be entitled to charge i) service charges at the rates prescribed by the said Banks from time to time and out-of-pocket expenses such as telex, telephone, registration and postal charges etc.; ii) Overdue interest at *............% p.a. from the due date of payment and i n case of returned Bi l l s from the due date to the date of reimbursement; Provided Always the said Banks at their discreiton shall be entitled to revise the aforesaid charges from time to time. l) the said Banks may send the Bills either by registered acknowledgement due post or registered post or by ordinary post or by any courier service as is decided by the Lead Bank to any of the offices of the said Banks or any of the Scheduled Banks as included in Schedule II to the Reserve Bank of India Act, 1934 or any other Commercial Bank and/or Co-operative Bank or directly to the drawees at the Borrowers risk and responsibility as to the loses, if any, on the Bills or the proceeds of the Bills or of the goods represented by the Bills due to any cause whatsoever and the Borrower agrees to hold the said Banks harmless and indemnified from and against all consequences that may arise from its doing so and form and against all losses, charges and expenses in sending the Bills accepted under these arrangements in the manner aforesaid; m) Where the Bills accepted for collected are drawn on Central/State Government Departments/Agencies and/at Public Sector Undertakings and/ or Railways and/or other paties and/or Borowers customers accompanied by either railway receipts, shipping documents or other documents evidencing title to goods like motor receipts or receipt notes, take delivery notes, receipted challans or inspection notes in cases where the railway receipts, shipping documents or motor receipts have been forwarded direct to the concerned drawees/consignees and offered by the Borrower to the said Banks for collection, the Borrower shall deposit with the concerned Bank copies or the relevant documents along with the Bills signed by the Borrower and invoices evidencing despatch of goods to the parties mentioned therein; n) where at the request of the Borrower the said Banks have agreed to include in the facilities granted under this Agreement credit sales made by the Borrower to the customers of the Borrower whereby finished goods are UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 62 directly sent to the customers at their request and copies of the relative invoices with or without receipted challans or accepted delivery notes, receipt notes, inspection notes, are tendered by the Borrower to the said Bank as evidencing despatch of finished goods and where under such circumstances or any other circumstances the Borrower receives payment of the Bills, the Borrower shall immediately deposit the proceeds of the Bills and the sale proceeds of the goods coveredby invoices directly received by the Borrower or the agents of the Borrower whether in cash or by cheques or by any other mode of payment in the said Account(s) with the said Banks towards payment of the outstandings in respect of the advances granted on the evidence of such invoices; o) the Borrowr shall repay the advances of the said Banks within such number of days as may be stipulated by the said Banks of the utilisation of the advances by the Borrower on each occasion whether or not the payment of the said Bills/ Invoices is received by the Borrower or if the Bills are returned unpaid for any reasons whatsoever the said Banks shall be entitled to debit the Borrowers Account with the said amount under advice to the Borrower; p) the Borrower shall indemnify the said Banks and keep the said Banks harmless and indemnified at all times against all losses, damages, actions, costs (between Attorney and Client), charges or expenses which may be made against or sustained or incurred by the said Banks (and whether paid by the said Banks or not) as a result of or in consequence of the said banks having agreed to purchse/ negotiate/discount/collect the said Bills as also as a result of or in consequence of the said Banks through any of their respective offices or correspondents in India and elsewhere guaranteeing any irregularities or discrepancies that may be existing in the documents relating to the said Bills in connection therewith; q) the said Banks shall have first and paramount lien on the Bills and the moneys received thereunder and the goods in course of transit covered by the documents of title to goods or other documents which purport to represent rights of title to goods accompanying the Bills shall ramain pledged to the said Banks and irrespective of the rights of the said banks as pledgees of such goods in case of any dispute, the said Banks shall also have the Bankers lien on all Bills, goods, securities, documents and moneys belonging or purporting to belong to the Borrower for all moneys claims and demands due or to become due from the Borrower to the said Banks; UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 63 r) in case the Bills/invoices are passed for payment for a reduced amount, the Borrower authorises the said Banks to accept such reduced payment and the Borrower shall make good the shortage or any loss arising therefrom and the said Banks will not be responsible in any manner whatsoever; s) Where the drawees return unpaid the Bills/invoices to the Borrower direct, the Borrower shall immdiately on receipt thereof, return the Bills/invoices to the said Banks and the acceptance thereof of the said Banks shall be without prejudice to their respective rights of recovery of the amounts covered by the Bills/invoices from the Borrower. B. Notwithstanding any of the provisions of the Contract Act to the contrary or any other law in respect of advances aainst accepted usance Bills where the Bills are drawn by the Borrower and accepted by the drawees the Borrower agrees that the subsequent credit to the Account(s) under such facilities, unless specifically apportioned by the Borrower or the said Banks to the discharge of any particular Bill, will not discharge the debt represented by such Bills. 10. In respect of the facilities granted by the said Bank by issue of letters of credit/ guarantees including deferred payment guarantees and indemities whether in Indian or foreign currencies, the Borrower hereby agrees and convenants with the said Banks as under; i) To indemnify the said Banks against any claim or claims, loss or damage, actions, costs (between Attorney and Client), charges and expenses whatsoever which may be brought or made against or sustained or incurred by the said Banks (and whether paid by the said Banks or not) or which the said Banks may become liable under or in respect of such letters of credit guarantees and indemnities; ii) To admit or compromise and pay or submit to arbitration any dispute or resist any claim or demand made against the said Banks under or in respect of such letters of credit, guarantees and indemnities, notwithstanding any directions to the contrary given by the Borrower or any other person on the ground of a dispute as to the liability of the Borrower or otherwise and the Borrower agrees and confirms that the said Banks may exercise the above rights in their sole, absolute and unqualified discretion and without reference to the Borrower and without the said Banks being rquired to ascertain whether or not there was any breach on the part of the Borrower of the Agreement executed between the Borrower and the Beneficiaries in whose favour the letters of credit/guarantees and/or indemnities UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 64 are or were executed by the said Banks and without the said Banks being required to go into the validity or otherwise of the demand for payment made against the said Banks. The Borrower further agrees and confirms that the counter-indemnity of the Borrower will be available to the said Banks in respect of any action or payment which the said Banks may take or make. iii) Without prejudice to the said Banks remedies for recovery of the aforesaid amounts, they shall be entitled to debit such amounts to any of the Cash Credit Account(s) or Other Account(s) and the same shall bear interest at the rate(s) applicable to such Facilities and all such amounts shall be and always be deemed to have been secured by the securities agreed to be created for the said Facilities. 11. The Borrower shall make out a goods and marketable title to its properties to the satisfaction of the Lead Bank and comply with all such formalities as may be necessary or required for the said purpose. 12. The Borrower shall maintain such security margin as may be stipulated by the said Banks. The Current Asset cover, unless otherwise agreed to, shall not be less than 1.33 times at any point of time. The Borrower shall at all times maintain a sufficient quantity of the Securities to provide the Asset Cover as may be required by the said Banks at their discretion and in the event of any deficiency in such cover forthwith whenever called upon provide to the said Banks additional securities to restore such Asset Cover to the original level or pay to the said Banks the equivalent in cash in the event of additional securities not being available. 13. In respect of letters of credit opened or guarantees or indemnities issued by the said Banks on behalf of the Borrower, the Borrower shall deposit sufficient cash or other security as may be acceptable to the said Banks as margin money as may be stipulated by the said Banks. the said Banks shall be entitled to and shall at their discretion, which shall be final and binding on the Borrower, change the margins as may be necessary or expendient in the circumstances and the Borrower shall be bound by it notwithstanding that the said Banks agreed to lower margins earlier. 14. a) Where goods, movables and other assets are pledged to the said Banks, the said Banks may in their discretion and at the Borrowers specific request and without detriment to the pledge, release the goods, movables and other assets so pledged to the said Banks from their possession to the Borrower on trust under a factory/ mundy type pledge or other basis and/or for any purpose connected with the Borrowers trade, business or industry and in consideration of the said Bank so UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 65 handing over to the Borrower form time to time any goods, movables and other assets lying at the godowns, factories or other places approved by the said Banks under pledge to the said Banks, the Borrower shall hold the goods, movables and other assets as trustees and agents for and on behalf of the said Banks. The Borrower undertakes that such goods, movables and other assets shall in all respects be treated by the Borrower in the books of the Borrower as belonging to and held on behalf of the said Banks. b) Where goods, movables or other assets pledged to the said Banks are relased to the Borrower on trust for any purpose connected with Borrowers trade, business, industry or otherwise and are put in transit by the Borrower for any purpose including for sale thereof the Borrower shall hand over to the said Banks the relative railway or other transport receipt, invoices and all documents and shall deliver back to the said Banks the goods, movables and other assets when the purpose for which they are released on trust is accomplished or to pay to the said Banks the sale proceeds of or the proceeds of the Bills relating to the said goods, movables or other assets. The Borrower undertakes that the proceeds of sale of such goods, movables or other assets shall always be treated by the Borrower and entered in the books of Borrower as belonging to and held for and on behalf of the said Banks. c) In respect of goods, book-debts, movables and other assets hypothecated, pledged or otherwise charged to the said Banks or which are released to the Borrower on trust under factory/mundy type pledge or other basis, the respective agents and nominees of the said Banks shall be entitled at all times without notice to the Borrower but at the Borrowers risk and expenses and if so required as Attorney for and in the name of the Borrower to enter any place where the said goods, books of account, movables and other assets may be and inspect, value, insure, superintend dispose of and/or take particulars of all or any part of the said goods, book-debts, movables and other assets and check any statements, accounts, reports and information and do all such acts, deeds and things necessary to preserve and protect the same and the Borrower confirms, affirms and undertakes to give all assistance/co-opeation as may be necessary in this regard. d) The Borrower undertakes and declares that; i) The Borrower shall at any time hand over or redeliver or cause to be handed UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 66 over or redelivered to the said Banks forthwith on demand all goods, movables and other assets and documents of title thereto and goods, movables and other assets covered by such documents including any policies of insurance pertaining thereto and authorise the said Banks or any person or persons authorised by the said Banks in writing in that behalf to enter the Borrowers godowns, premises or any other place where such goods, movables and other assets and documents of title thereto are lying, kept or stored and to take possession of the said goods, movables and other assets and documents of title thereto wheresoever situated at any time without giving to the Borrower any notice of the intention of the said Banks to do so and the Borrower hereby undertakes that all persons in whose custody the said goods, movables and other assets are for the time being shall yield up possession thereof accordingly to the said Banks. ii) The Borrower shall not deal with the goods, movables and other assets and documents of title thereto or the goods, movables and other assets covered by the documents except under and in accordance with the written instructions of the said Banks. iii) The Borrower shall whether or not in possession of the goods, movables and other assets or documents or title thereto are delivered to the said Banks repay the outstandings in the said Account(s) within such number of days of its being utilised as may be specified by the said Banks from time to time. iv) The Borrower hereby indemnifies each of the said Banks : i) against all losses, costs, damages, expenses whatsoever that the said Banks may incur or sustain by reason of the Borrowers act, default or omission or of the Borrowers servants or employees or other persons acting on behalf of the Borrower in respect of goods, movables and other assets pledged to the said Banks and released to the Borrower on trust; ii) against all losses, costs, damages, expenses or consequences whatsoever that the said Banks may incur or sustain as a result of the said Banks complying with the Borrowers instructions to deliver to the Borrower or to the Borrowers clearing agents the documents covering the goods, movables and other assets. UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 67 a) Whether or not the said documents are in order; b) Notwithstanding any discrepancy between the price/value, quantity and quality of the goods, movables and other assets covered by the documents and price, quantity and quality specified in the contract and iii) against all consequences, losses and damages that may arise as a result of the said Banks complying with the Borrowers request to effect advance payments from time to time to the suppliers. a) whether or not the suppliers consign the goods, movables and other assets; b) whether or not the documents in respect thereof are received by the said Banks; and c) notwithstanding any discrepancy between the quantity or quality of the goods, movables and other assets received from the suppliers and the contracted quantity and quality. UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 68 ARTICLE III 1. The Borrower hereby agrees with the said Banks jointly and with each of them severally as follows : a) The said Facilities will be utilised by the Borrower for meeting a part of its working capital requirements and for no other purpose; b) The Borrower shall submit Statements under the Quarterly Information System (QIS) in the format prescribed by the Lead Bank from time to time each quarter regularly to the said Banks and furnish to each of the said Banks full particulars of the Cash Credit Account(s) or Other Account(s) and agree that the drawings in the said Cash Credit Account(s) or Other Account(s) shall be regulated on the basis of such Statements; Such Statements, duly authenticated by the Authorised Officials of the Borrower, shall be submitted within 10(ten) days after the expiry of each quarter and in addition as often as is deemed necessary by the Lead Bank; c) The Borrower agrees that the drawings in the Cash Credit Account(s) or other Account(s) will be allowed within the advance value of the Securities and the Borrower agrees that it will not draw any amount in excess of the value of the Securities offered and in case of any excess drawal to regularise the accounts forthwith or within such period as may be stipulated by the said Banks in their absolute discretion and during the period of such irregularity the Borrower shall be charged a higher rate of 2 (two) percentage points above the rate or rates prescribed of interest abovementioned till such irregularity is fully adjusted to the satisfaction of the said Banks. Further all rights, benefits and powers exercisable by or conferred on the said Banks hereunder shall be applicable and available to such excess drawals as well; d) The said Banks will have the right to examine at all times the Borrowers Books of Account and to have the Borrowers factories, godowns, sheds, galas jaithas, warehouses or any other place of storage where the said goods, movables and other assets are located, inspected from time to time by the official(s) of the said Banks or any one or more of them and/or qualified auditors and/or technical experts and/or management consultants of the choice of the said Banks, the cost of such inspection being borne by the Borrower; UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 69 e) The Borrower shall allow each of the said Banks or its authorised agents to take inspection of all records of the Borrower and will produce such evidence as each of the said Banks may require as to the costs in respect of its operations and it shall be lawful for the said Banks or any of them at any time and from time to time during the currency of the said Facilities to appoint and employ at the expense of the Borrower in all respects and either temporarily or for such period as the Lead Bank or the said Banks shall think fit, a person or persons, a firm or a company to inspect and value on behalf of the Bank or Banks so appointing all or any of the said Books of Account or Factories of the Borrower and the Borrower shall pay to such Bank or Banks on demand the fees or other remuneration payable to any such person, firm or company of the costs, charges and expenses of and incidental to such valuation (such Banks or Banks Statement/s being conclusive in that behalf) and in default, such Bank or Banks shall be at liberty to debit the amount thereof to the said Cash Credit Account(s) or Other Account(s) in such Banks or Banks books and thereafter the same together with interest thereon shall be treated as advances made by such Bank or Banks until repayment thereof; f) The Borrower shall pay or cause to be paid all rents, rates, taxes, payments and outgoings that are payable in respect of the immovable properties of the Borrower; g) The Borrower shall furnish and verify all statements, reports, returns, certificates and information from time to time as required by the said Banks or any of them in connection with the operations of the Borrower and shall give and execute all such documents as are required by the Lead Bank or the said Banks as in their opinion is necessary to give effect to the security agreed to be created and if the Borrower shall fail to do so within thirty days of demand in writing by the Lead Bank or the said Banks, the Lead Bank may execute such documents for and on behalf of the Borrower in favour of the said Banks for the said purpose, by virtue of the power in this regard as hereinafter mentioned given by the Borrower to each of the said Banks; h) So long as the said Cash Credit Account or Accounts continue in the Books of the said Banks in respect of the said Facilities, the Borrower shall not avail of any credit facility or accommodation from any other bank or financial institution or any person, firm or Company in any manner without the previous permission in writing of the Lead Bank nor shall deal with or through any other bank or UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 70 financial institution without having obtained in this behalf the prior written approval of the Lead Bank; i) The Borrower shall undertake to procure additional funds at the appropriate time and on terms acceptable to the Lead Bank, to meet any shortfall that may arise in Cash Accruals or for meeting overrun, if any, in financing the working Capital Requirements of the Borrower. The Borrower agrees that such funds will not be withdrawn without the prior approval of the Lead Bank during the currency of the said Facilities; j) During the currency of the said Facilities, the Borrower shall not without obtaining the prior consent in writing of the Lead Bank declare any dividend on its share capital, if it fails to meet its obligations to pay the interest and/or commission and/ or instalment or instalments and/or other moneys payable to the said Banks, so long as it is in such default; k) The Borrower shall appoint suitable technical personnel for carrying on its business or industry; l) The Borrower shall satisfy the Lead Bank that it has received all the licenses and permits required for carrying on its business or industry and that they are in full force and effect; m) The Borrower shall submit to the Lead Bank and to each of the said Banks, if so required, quarterly reports on the progress of its business or industry detailing therein the sources and disposition of funds. The Borrower shall also promptly furnish to the Lead Bank all other information as may reasonably be required from time to time; n) The Borrower shall obtain pollution control clearances, where necessry, from the requisite Authorities in respect of its carrying on its business or industry to the satisfaction of the Lead Bank. 2. During the currency of the said Facilities, the Borrower shall not, without the prior permission in writing of the Lead Bank i) effect any change in the Borrowers Capital structure; ii) formulate any Scheme of Amalgamation or Reconstruction; iii) implement any Scheme of Expansion/Diversification/Modernisation other than incurring routine capital expenditure; UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 71 iv) make any corporate investments or investment by way of share capital or debentures or lend or advance funds to or place deposits with, any other concern except give normal trade credits or place on security deposits in the normal course of business or make advances to employees; Provided that the Borrower may make such investments by way of deposits or advances that are required statutorily to be made as per the existing laws of the country or the rules or regulations or guidelines issued from time to time by the Authorities concerned; v) undertake guarantee obligations on behalf of any third party or any other Company. 3. a) The Borrower agrees that its banking business, including deferred payment facilties, foreign exchange, deposits and bill business will be shared in such manner as may be decided by the Lead Bank. b) The Borrower hereby declares and confirms that the Borrower has the necessary and sufficient authority to borrow from the said Banks; c) The Borrower agrees that the moneys brought in by the principal shareholders/ directors/depositors/other associate firms/group companies for financing the Programmes and the Working Capital needs of the Borrower will not be allowed to be withdrawn, during the currency of the said Facilities, without the permission of the Lead Bank; d) The Borrower agrees that it will maintain adequate Books of Accounts which would correctly reflect its financial position and scale of operations and would not radically change the Accounting System without prior notice to the Lead Bank; e) The Borrower agrees that it will submit to the Lead Bank and other Banks, if so required, such financial and/or other statements as may be required by the Lead Bank or the said Banks from time to time, apart from the set of such statements to be furnished by the Borrower to the said Banks as on the date of publication of the Borrowers Annual Accounts; f) The Borrower agrees that it shall keep the said Banks informed of the happening of any event likely to have a substantial effect on its profit or business; g) The Borrower shall as soon as any call in respect of its shares has been resolved upon by the Directors or as soon as it shall have been resolved to issue any unissued share capital or to create any new shares immediately give notice of such call to the said Banks or give notice to the said Banks of the intention of UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 72 the Borrower to issue or create any such share capital as aforesaid and the proposed amount thereof And shall not until the expiration of seven clear days from the time when such notice shall have been sent to the said Banks issue any notice to the members of the Borrower in respect of payment of any call or issue or create any such existing or new shares respectively as aforesaid And if the said Banks shall so require every notice, prospectus, application form or allotment letter sent out by the Borrower in pursuance of any such resolution shall direct the members or applicants for allotment of the shares of the Borrower to pay the call so made or the money into the joint account of the Borrower and the said Banks or in such manner as the said Banks may direct and the said Banks shall be entitled to require all such calls or moneys received by the Borrower to be applied either wholly or partly in or towards the payment or satisfaction of the principal amount, interest and other moneys due to the said Banks but in default of the said Banks requiring the said calls or moneys to be applied as aforesaid within one month of their being paid, the Borrower may without the consent of the said Banks apply the whole or the balance thereof over and above what shall be required by the said Banks to be otherwise applied to the general purposes of the Borrower as it shall think fit provided also that all money hereunder to be rceived by the Borrower from its members in advance of calls upon the shares shall be held by the Borrower upon trust for the said Banks and so as to form part of the security and shall be dealt with in the manner hereinbefore mentioned in the case of calls or other moneys received by the Borrower. h) The Borrower agrees that all other terms and conditions and covenants stipulated or which may be stipulated by the said Banks from time to time as applicable to the said Facilities shall be construed and treated as if the same have been incorporated herein in extenso. UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 73 ARTICLE IV 1. If the Borrower shall fail to repay the said Facilities or pay interest or any portion thereof in terms of this Agreement or shall commit any breach of any covenant to be observed or performed on its part herein contained and on the failure of the Borrower to remedy the same forthwith or if any circumstances shall occur which in the opinion of the said Banks or any of them is prejudicial to or imperils the Security of the said Banks or if the security created in favour of the other Lenders becomes enforceable or if any distress or execution is levied or enforced against any property or assets whatsoever of the Borrower or if any person, firm or Company shall take any steps towards applying for or obtaining an order for the appointment of a REceiver of any property or assets whatsoever of the Borrower and Receiver is appointed or the Borrower makes compromises with its creditors or the Borrower shall suspend or cease to carry on business or fail to conduct its business to the satisfaction of the said Banks or any of them, then and in any such case (the decision of the said Banks that the aforesaid events or circumstances have occurred shall be final conclusive and binding on the borrower), the entire amount standing at the foot of the Cash Credit interest, costs, charges, expenses and other money payable in respect thereof shall forthwith become at the option of the said Banks payable at once. 2. The Borrower shall not be in anywise concerned with the proportion in which any moneys applicable under the aforesaid Clause are divided and shall not have any claim whatsoever against any of the said Banks in relation to any act or thing done, omitted, permitted or suffered by any one of the said Banks in respect of the division between the said Banks of any moneys applicable as aforesaid. 3. A. All goods, book-debts, movables and other assets hypothecated, pledged, or otherwise charged to the said Banks as security for any of the said Facilities and also all immovable properties given as security for the said Facilities or any of them as may be required by the said Banks shall be kept at the Borrowers risk and expense in good condition and fully insured against loss or damage as may be required by the said Banks due to any reason whatsoever and particularly the machineries hypothecated and/or pledged to the said Banks against fire and/or such other risk(s) as the said Banks may from time to time stipulate in the joint names of the Borrower and the said Banks with an insurance Company approved by the said Banks and for such amount as the said Banks may consider necessary UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 74 and that the insurance policies shall be delivered to the said Banks when required by the said Banks to do so. If the Borrower fails to effect such insurance the said Banks may, but without being obliged to do so, insure the said goods, movables and other asets and immovable properties against fire and/or such risk(s) in such joint names and debit the premium and other charges to the said Accounts of the Borrower opened or to be opened and in the event of the said Banks being at any time apprehensive that the safety of the goods, movables and other assets and machinaries is likely to be endangered owing to riot and/or strike (including fire arising therefrom) and/or floods, earthquakes, lightning, typhoon, storm, tempest and/or also resulting in the loss of production thereform the said Banks may at their discretion but without being bound to do so insure or require the Borrower to insure the same in such joint names against any damage arising therefrom the cost of such extra insurance being payable by the Borrower and be debited to the said Accounts. If the said Banks desire that the goods, movables and other assets shall be insured against theft, the Borrower shall provide the necessary cover therefor. the Borrower shall provide if the said Banks so direct a sufficient insurance cover against breakdown of such machineries and against loss and damage by fire, lightning and flood to any immovable properties of the Borrower. The Borrower further expressly agrees that the said Banks shall be entitled to adjust, settle, compromise or refer to arbitration any dispute arising under or in connection with any insurance and such adjustment, settlement, compromise and any award made on such arbitration shall be valid and binding on the Borrower and also to receive all moneys payable under any such insurance or under any claim made thereunder and to give a valid receipt therefor, and that the amount so received shall be credited to the Borrowers Accounts and the Borrower shall not raise any question that a large sum might or ought to have been received or be entitled to dispute its liability for the balance remaining due on any Account or Accounts after such credit. Provided that the said Banks may at their own absolute and unqualified discretion waive all or any of these requirements. 3. B. If any proceeds of any Policy of Insurance are received by the Borrower, it shall forthwith pay the same to the Lead Bank for being applied in the manner hereinafter provided (and so long as the same are not paid to the Lead Bank, the Borrower will hold the proceeds on behalf of and as trustees of the said Banks) that is to say, in proportion to the sums outstanding on the said Cash Credit Account(s) or Other Account(s) respectively at the time of payment and UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 75 shall keep alive and amaintain such Insurance throughout the continuance of the security and deliver to the Lead Bank the renewal receipts. In default, the Lead Bank or the said Banks may (but shall not be bound to) keep in good condition and render marketable the said properties or effects or renew such insurance. Any premium paid by the Lead Bank or any of the Said Banks and any costs, charges and expenses incurred by the Lead Bank or any of the said Banks for the purposes aforesaid shall be repaid by the Borrower on demand forthwith and shall until repayment (with interest at the rate or rates as mentioned above) be and form part of the amount secured as aforesaid. All sums received under such Insurance shall be applied in or towards liquidation of the amount for the time being due to the said Banks or any of them on account of the said Facilities. PROVIDED THAT the Borrower may without payment to the said Banks, if the said Banks so agree, replace the outmoded equipment or assets by assets of equivalent or greater value. 4. The Borrower shall not remove or dismantle any of the assets to be comprised in the said security without the consent in writing of the said Banks except in any case where such removal or dismantling shall in the opinion of the Borrower be rendered necessary by reason of the same being worn out, obsolete, discarded, injured, damaged or broken and in such a case will replace those so worn out, obsolete, discarded, injured, damaged or broken by others of a similar nature and of atleast equal value and shall also whenever necessary renew or replace all such plant and machinery to be used for the purpose of or in connection with the business of the Borrower when and as the same shall be worn out, obsolete, discarded, injured, damaged or broken. 5. The Borrower agrees that pending seizure by the said Banks or any of them of the said properties and any documents therefor, any insurance moneys received by the Borrower shall be held by the Borrower as the exclusive property of the said Banks subject to the rights of the said Banks specifically appropriated to the security and the Borrower will not without the written consent of the lead Bank first had and obtained make or suffer nor attempt to make or suffer any mortgage, charge, lien or encumbrance to affect the same or any part thereof nor do or allow anything which may prejudice and security hereby created or agreed to be created nor create any security whatsoever save as approved by the Lead bank. 6. Nothing herein contained shall prejudice or affect any general or special lien to which any of the said banks is or may be by law or otherwise entitled or any rights or remedies of any of the said banks in respect of any present or future security, UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 76 UCO BANK DOCUMENTATION MANUAL CHAPTER-7 guarantee, obligation or decree for any other indebtedness or liability of the Borrower to any of the said Banks or shall preclude any of them from enforcing or having recourse in the first instance to any other security held by them or any of them from the Borrower and the said Banks or any of them shall be entitled to sue on any such securities without being bound to sue on all such securities. 7. During the subsistence of the Liability of the Borrower under or in respect of any of the said Facilities, the said banks without prejudice to their respective rights referred to in this Agreement shall have a right to appoint and/or remove, from time to time, a Director or Directors not exceeding two on the Board of Directors of the Borrower as nominee Direcotr(s) to protect the interests of the said Banks, subject however that the Director or Directors so appointed by the said Banks shall not be liable to retire by rotation and need not possess any share qualification prescribed by the Articles of Association of the Borrower. 8. The Borrower agrees, declares, affirms and confirms that notwithstanding any of the provisions of the Contract Act or any other law, or any terms and conditions to the contrary contained in this Agreement and/or and security documents, any payment(s) made by the Borrower to the said Banks shall unless otherwise agreed to by the said Banks in writing be appropriated by the said Banks in the manner following : a) first, towards costs, charges, expenses and other moneys, due and payable or becoming due and payable to the said Banks; b) secondly, towards interest due and payable and/or accruing due and payable to the said Banks; and c) lastly, towards repayment of the amount of any installment(s) of the principal sums due and payable or becoming due and payable to the said Banks; All the aforesaid amounts having become due and payable and/or becoming due and payable by the Borrower to the said Banks under this Agreement and/or under any of the security documents executed between the Borrower and the said Banks whether the recovery thereof has or has not become barred by any law in force for the time being as to the limitation of suits. Annexure-6 (Contd.) 77 ARTICLE V 1. Any Notice to be given to the Borrower may be made or given by leaving the same at or posting the same by registered post in an envelope addressed to the Borrower and at its Registered Office and any Notice to be given to any of the said banks may be given be leaving the same at or posting the same by registered post in an envelope addressed to such Bank at its office where the relevant Cash Credit Account(s) or Other Account(s) of the Borrower is maintained and every such Notice shall be deemed to be received, as the case may be, at which it is left or at the time at which it would have been delivered in the ordinary course of post at such Registered Office of the Borrower or such office of the bank concerned as the case may be. 2. The borrower shall pay on demand to the said Banks and each of them the costs actually incurred between Attorney and Client, or to be incurred by the said banks or any of them in connection herewith or with the enforcement or attempted enforcement of the security or the protection or defence or perfection thereof or for any recovery of any moneys agreed to be secured to the said Banks and of all suits and proceedings of whatsoever nature for the enforcement of the security agreed to be created for the recovery of such moneys or otherwise in connection therewith or in which any of the said Banks may be joined as a party or otherwise involved by reason of the existence of the security agreed to be created. 3. The Borrower hereby agrees to pay to each of the said Banks as may be directed by the said Banks, all costs, charges and expenses (actually incurred as between Attorney and Client) incurred by the said Banks or any of them for the preservation, protection and perfection of the security agreed to be created and/or for attempted or actual realisation or enforcement thereof. 4. For all or any of the purposes aforesaid, the Borrower irrevocably constitutes and appoints each of the said Banks to be the Borrowers true and lawful attorney to do and execute for and in the name and on behalf of the Borrower, all or any or any of the following acts, deeds and things, that is to say; a) To take and carry on the business of the Borrower and complete any engagements and contract; b) To sign register, file any application forms, contracts, agreements, transfers, acceptance, rceipts, acquittances, returns and any other documents and to sign and endorse all cheques, promissory notes, bills of exchanges, bills of lading, UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 78 dividend mandates or other orders for payment of money or delivery of property; c) To sell, transfer, assign or deal with any goods and other movables; d) To demand and receive all debts, sums of money, principal money, dividends, interest and dues of whatever nature; e) To appoint selling agents and if necessary to undertake new kind of activity; f) To realise all the assets whether movable or immovable including the goodwill of the business; g) If considered proper, to wind up the Borrowers business. h) To tender contract of purchase, accept and sign the transfer into the name of the Borrower of any securities, shares, stocks, debentures, funds or any other securities, to apply for and accept allotment of any shares and securities and to sell, endorse, negotiate, transfer and assign any securities which do now or shall hereafter stand in the name of the Borrower or to which the Borrower is now or may at any time hereafter be entitled to demand, receive and collect interest and dividend due or to accrue due on any such securities, shares, stocks, debentures, funds and other securities and apply the proceeds of such sale, endorsement, transfer, negotiation and assignment and the recovery of any interest and dividend in satisfaction of any monies due by the Borrower to the said Banks and to endorse and transfer all or any such securities, shares, stocks, debentures, funds and other securities which may form time to time or at any time be in the possession of the said Banks whether for safe custody or otherwise or held by the said Banks as security for any money payable to the said banks by the Borrower in respect of any account or general balance of account or otherwise; i) To appoint a proxy or proxies for the purpose of representing the Borrower and voting in meeting or meetings of any company or Corporation in which the Borrower holds any shares, debentures, stocks, etc. j) To deal with the assessment of the Borrower in respect of income tax, super tax, wealth tax, gift tax, expenditure tax, capital gains tax and any other taxes on income revenue or capital and levy of customs and/or excise duties and to apply for and to receive refunds of any such tax or taxes or levy or levies; k) To attend and represent the Borrower before any authority or tribunal and for that purpose to sign, execute and deliver all such documents and make all such declarations as may be necessary; UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 79 l) Generally to act in the premises as fully and effectually with all intents and purposes to do all things as are necessary and which the Borrower would do if personally present; m) For all and any of the purposes, aforesaid to appoint a substitute or substitutes; i) The Borrower hereby ratifies and confirms all the acts things deeds performed or to be performed by each of the said Banks or their respective nominees or substitutes in pursuance of any of the aforesaid powers and the powers hereby conferred shall not be determined or affected by the fact of the Borrower acting personally or through another in the premises; ii) The powers vested in each of the said banks shall be irrevocable and subsist in favour of each of the said Banks till all the dues of the Borrower to the said Banks are fully satisfied. iii) The aforesaid powers under this clause may be exercised by each of the said Bank in its sole discretion in consultation with the Lead Bank but the exercise of powers is not obligatory on any of the said Banks. 5. The Borrower hereby agrees that it shall observe and perform each and every of the aforesaid obligations, covenants and declarations and in the event of any breach or default thereof, the said Banks shall be at liberty to call up the entire outstandings under the Cash Credit account(s) or Other Account(s) and make it payable forthwith. Without prejudice to the aforesaid and in addition thereto, the said Banks shall be at liberty to freeze the operations in the said Cash Credit Account(s) or other Account(s) at their discretion. In the event of the Borrower persisting in its default, the said Banks shall be entitled to charge, without prejudice to its other rights as aforesaid and without giving any notice in that regard a higher rate of 2 (two) percentage points above the maximum lending rate prescribed by the Reserve Bank of India from time to time till the default in question is duly rectified or remedied. 6. This Agreement is in addition to and not in derogation of the agreements already entered into by the Borrower with said Banks or any one or more of them or any other Bank in respect of the Working Capital Limits enjoyed by the Borrower prior to the sanction of the said Facilities by the A Bank Consortium. Notwithstanding anything to the contrary contained herein or in the Agrements entered into as aforesaid prior to this Agreement, all the obligations and liabilities of the Borrower in respect of the earlier Limits authorised and subsisting shall, unless otherwise agreed to by the said Banks, be valid, effectual and binding on the Borrower as if those obligations and liabilities UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 80 are herein set out in extenso and the security created by the Borrower for the earlier Limits authorised shall stand modified authomatically as if the security for the said Facilities to be created hereunder are expressly made applicable thereto. 7. This Agreement shall be current and valid until revoked in writing by the Borrower by one months notice in advance served on the said Banks by the Borrower or untill all the moneys due hereunder or all moneys due in respect of any Funded or Non-Funded Facility availed of by the Borrower from the said Banks or any of them are paid in full to the said Banks, whichever is later. Provided that the obligations and liabilities of the Borrower hereunder in respect of the said Facilities prior to such revocation shall be binding, valid and effectual as against the Borrower and the security to be created for the said Facilities and its is specifically agreed to by the Borrower that the said Banks shall be entitled to recover not only all such amounts as are found due under the said Facilities out of such Securities but also all such amounts as may be found due and payable by the Borrower to any of the said Banks in respect of any Funded or Non- Funded Facility availed of by the Borrower from any of the said Banks prior to or by the Borrower from any of the said Banks prior to or during the tenure of this Agreement. In the event of any such revocation, the Borrower shall become ineligible to draw any amounts further under the said Facilities. All the rights, benefits and powers as are herein set out shall subsist in favour of the said Banks till all the dues of the Borrower to the said Banks as aforesaid are finally paid in full and satisfied. The Borrower shall bear all expenses such as Solicitors and lawyers fees, stamp duty, inspection charges and other incidental expenses incurred in connection with the realisation or recovery of any such sums from the Borrower. IN WITNESS WHEREOF the Common Seal of the Borrower has hereunto and to five counterparts thereof been affixed and the said Banks have caused these presents and five counterparts thereof to be executed by their respective authorised officials the day month and year first hereinabove written. BORROWER COMPANY For Selves and other Member Banks (B,C,D & E Banks) of A Bank Consortium, LEADER BANK (UCO BANK) 1. 1. 2. 2. UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 81 THE FIRST SCHEDULE ABOVE REFERRED TO A BANK B BANK C BANK D BANK E BANK CASH CREDIT Hypothecation of Stocks and Goods Limits Hypothecation of Book Debts Sub-Limit BILLS PURCHASED/ DISCOUNTING LIMIT CHEQUE PRUCHASE LIMIT Sub-Limit IMPORT/INLAND LETTER OF CREDIT SIGHT/DA upto 180 days = Limit INLAND REVOLVING LETTER OF CREDIT SIGHT/DA upto 60 days Sub-Limit GUARATEE LIMIT Drawings Against Uncleared EFFECTS BILLS ACCEPTANCE LIMIT TOTAL : (*The above List is only illustrative and not exhaustive) UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-6 (Contd.) 82 UCO BANK DOCUMENTATION MANUAL CHAPTER-7 THE SECOND SCHEDULE ABOVE REFERRED TO Particulars of Interest & Commission I. CASH CREDIT LIMIT Rates* Interest II. BILLS PURCHASED/ DISCOUNTING LIMIT Interest III. IMPORT/INLAND LETTER OF CREDIT/ INLAND REVOLVING LETTER OF CREDIT LIMIT COMMISSION IV. GUARANTEE LIMIT COMMISSION V. DRAWING AGAINST UNCLEARED EFFECTS INTEREST PLUS SERVICE CHARGES as are applicable to the said Facilities from time to time. * Rates to be filled in as per the prevailing rates at the time of execution. Annexure-6 (Contd.) 83 ANNEXURE-7 Joint Deed of Hypothecation THIS DEED i s made at ........................................................................... thi s the ............................................................ day of ............................................. 200..............., by ............................................................ Limited, a Company within the meaning of the Companies Act, 1956 and having its Registered Office at ............................................................ (hereinafter called the Borrower, which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns) in favour of A Bank, a body corporate, constituted by and under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970/1980 and having its Head Office at ............................................................ and a *Regional Office amongst other places at ............................................................ (hereinafter called A Bank, which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns), B Bank, a Statutory Corporation constituted by and under the ............................................................ and having one of its Local Head Offices at ............................................................ and a Zonal Office amongst other places at ............................................................ (hereinafter called B Bank, which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns), C Bank, a body corporate, constituted by and under the Banking Companies (Acqusition and Transfer of Under taki ngs) Act, 1970/1980 and havi ng i ts Head Offi ce at ............................................................ and a *Regional Office amongst other places at ............................................................ (hereinafter called C Bank which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns), D Bank, a body corporate constituted by and under the Banking Companies (Acquisition and Transfer of Under taki ngs) Act, 1970/1980 and havi ng i ts Head Offi ce at ............................................. and a *Regi onal Offi ce amongst other pl aces at ............................................................ (hereinafter called D Bank which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns) AND E Bank, a Banking Company within the meaning of the Banking Regulation Act, 1949 and A Company within the meaning of the Companies Act, 1956 and having its Pricipal Place of Business in India at ............................................................ and a *Regional Office at ............................................................ hereinafter called E Bank which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assings). UCO BANK DOCUMENTATION MANUAL CHAPTER-7 84 All of which A Bank, B Bank, C Bank, D Bank and E Bank are hereinafter collectively referred to as the said Banks or the A Bank Consortium which expression shall, unless it be repugnant to the subject or context thereof, include each of them or any one or more of them and their respective successors and assings; (*Insert as applicable and appropriate Zonal Office/Local Head Office/Circle Office/Branch Office) By consent of all the Parties, A Bank is designated and recognised as the Lead Bank of the A Bank Consortium, while B Bank is designated and recognised as the Second Lead Bank of the A Bank Consortium. If the Consortium of Banks is increased or diminished from time to time by adding to or dropping of one or more Banks or is changed by substitution of one Bank by another during the currency of this Agreement, then the Reconstituted Consortium will be governed by the provisions of this Deed as if they have been added or dropped herein, as the case may be and the term the said Banks shall mean and shall be deemed to include the Reconstituted Consortium as well. WHEREAS 1. The Borrower has been sanctioned, inter alia, the Working Capital Facilities by the A Bank Consortium in the proportion as mentioned in the Working Capital Consortium Agreement dated .............................. 200 ............... entered into by the Borrower with the said Banks (hereinafter referred to as the Consortium Agreement) for meeting a part of the Working Capital needs of the *Borrower/of the Borrowers *Division at .............................. in the State of .............................. in addition to/in replacement of existing facilities and replacement of certain other facilities on the terms and conditions set out therein and such other conditions as may be stipulated by the A Bank Consortium from time to time. (*Delete whichever is inapplicable) The Working Capital Facilities are therein an hereinafter collectively referred to as the said Facilities, which expression shall, unless it be repugnant to the subject or context thereof, include each such facility or any one or more of them. The Limits or Sub- Limits as so fixed from time to time during the tenure of the Consortium Agreement shall be deemed to be the Limits or Sub-Limits covered under these Presents. 2. Subject to the provisions therein contained, each of the members of the A Bank Consortium agrees to the Borrower availing of all or some or any of the said Facilities at the sole and absolute discretion of the said Banks by way of overdrafts, cash credits, UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-7 (Contd.) 85 preshipment and postshipment credits, opening of Letters of Credit, issuing of guarantees including deferred payment guarantees and indemnities, negotiation and discounting of demand and/or usance bills and cheques and such other facilities as may be agreed upon from time to time for sums upto the limits or sub-limits as aforesaid and in no circumstance to an amount at any one time exceeding in the aggregate with interet thereon and other costs, if any, such limit or limits as the said Banks may, from time to time, decide in respect of each such facility or in the aggregate, to be made available at any one or more Branches of the said Banks. 3. The Borrower expressly agrees and undertakes that all the said Facilities or any of them shall be utilised exclusively for the purposes set forth in the Borrowers proposals to the Lead Bank and for no other purpose and no change shall be made therein without the written sanction of the said Banks. 4. Interest shall be charged on the outstandings in the said Account(s) at such rate or rates as may be determined by the said Banks from time to time and if such rate or rates is or are linked to the Commercial Banks Advance Rate, then the effective rate of interest on such Account(s) shall correspondingly stand changed on account of any revision therein from the date of any such revision. Where interest is charged by the said Banks at a concessionary rate or rates because of the said Facilities being granted by the said Banks to the Borrower under the Interest Subsidy Scheme or any other Scheme(s) formulated by the Government and/or Reserve Bank of India or any Rehabilitation Scheme, the Borrower hereby agrees, declares, confirms and affirms that in the event of the withdrawal, modification and/or variation of such Scheme(s), the concessionary rate or rates of interest shall stand withdrawn and the usual normal rate or rates of interest of the said Banks as mentioned above applicable at the material time to the said Facilities shall become effective and the said Banks shall become entitled to charge the Borrower such rate or rates of interest and the Borrower shall pay to the said Banks on demand the difference between such concessionary rate or rates and the usual normal rate or rates of interest of the said Banks as mentioned above applicable at the material time to the said Facilities and such difference shall become due and payable by the Borrower to the said Banks from the date the withdrawal, modification and/or variation of any such Scheme(s) becomes effective. Interest shall be calculated respectively on the daily balance of such Account(s) and be debited thereto on the last working day of the month or quarter according to the practice of the said Banks. The said Banks shall also be entitled to charge at their discretion such enhanced rates of interest on the Account(s) either on the entire UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-7 (Contd.) 86 outstandings or on a portion thereof as the said Banks may fix for any irregularity and for such period as the irregularity continues or for such time as the said Banks deem it necessary, regard being had to the nature of the irregularity and the charging of such enhanced rate of interet shall be without prejudice to the other rights and remedies of the said Banks. 5. The Borrower agrees with each of the said Banks that unless otherwise agreed to by the said Banks or any one or more of them, the Borrower shall repay the said Facilities to each of the said Banks forthwith on demand of all such amounts as may be standing at the foot of the Cash Credit Account(s) or other Accounts (hereinafter referred to as the said Account(s) together with interest, compound interest, additional interest, liquidated damages, costs, charges, expenses and other moneys thereon at the rate or rates as may be applicable thereto as set out in the Second Schedule to the said Consortium Agreement. Failure of the Borrower to repay shall entail in the Borrower being treated as a defaulter and the amount due as in default invoking the provisions as to defaults as hereinafter stated. 6. The Borrower further agrees that in case the said Facilities are eligible for cover under any Guarantee Scheme, the Borrower shall bear the guarantee fee paid/to be paid in connection with the said Facilities and it is agreed that the said guarnatee fee shall be debited to the Borrowers Account and shall be treated as part of the said Facility and shall carry like interest and be secured in the same manner as the said Facility. 7. One of the conditions of the said Consortium Agreement is that the Borrower shall create, inter alia, in favour of the said Banks, a first charge on all the Current Assets of the Borrower, namely, the Borrowers Stocks of Raw Materials, Semi-finished and Finished Goods, Stores and Spares not relating to Plant and Machinery (Consumable Stores and Spares), Bills Receivable and Book Debts and all other movables (excluding such movables as may be permitted by the A Bank Consortium in their discretion from time to time), both present and future. 8. Pursuant thereto the said Banks have called upon the Borrower to create the aforesaid first charge by executing a Joint Deed of Hypothecation in favour of the said Banks being these Presents, which the Borrower has agreed to do in the manner hereinafter appearing : NOW THIS DEED WITNESSETH AND IT IS HEREBY AGREED AND DECLARED AS FOLLOWS : 1. A. The Borrower hereby agrees with each of the said Banks that it will abide by the UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-7 (Contd.) 87 terms and conditions contained in the said Consortium Agreement, as may be modified or amended or varied and in force from time to time during the tenure of this security. These presents shall be read in conjunction with the said Consortium Agreement as aforesaid and shall be construed accordingly. In the event of any inconsistency or repugnancy between the two, the said Consortium Agreement as aforesaid shall previal to all intents and purposes. B. The Borrower agrees to repay to each of the said Banks their respective principal amounts on demand as mentioned in the said Consortium Agreement. C. The Borrower agrees with each of the said Banks that so long as the said Facilities or any portion thereof will remain outstanding or unpaid, the Borrower will pay to each of the said Banks interest and commission at the rates per annum as indicated in the said Consortium Agreement. 2. In pursuance of the said Consortium Agreement and in consideration of the said Banks having granted and/or agreed to grant to the Borrower all or some or any of the said Facilities for the purposes and subject to the terms and conditions specified in the said Consortium Agreement, the Borrower doth hereby hypothecate to and in favour of the said Banks jointly and to each of them severally All and Singular the Borowers Stocks of Raw Materials, Semi-finished and Finished Goods, Stores and Spares not relating to the Plant and Machinery (Consumable Stores and Spares), Bills Receivable, Book Debts and all other movables of the Borrower (excluding such movables as are permitted by the said Banks from time to time) but including documents of title to goods and other assets, such as outstanding moneys, receivables including receivables by way of cash assistance and/or cash, including under the Cash incentive Scheme or any other Scheme claims including claims by way of refund of customs/excise duties under the Duty Drawback Credit Scheme or any other Scheme, Bills, invoices, documents, contracts, engagements, securities, investments and rights, both present and future, of the *Borrower/pertaining to the Borrowers *Division at ................................. in the State of ............................................ being and lying in the Borrowers Premises or Godowns of or rented and whether lying loose or in cases or otherwise used in the business of the Borrower at the said site or in transit now belonging to or that may at any time, during the continuance of the said Facilities and this security, belong to the Borrower or that may be held by any party to the order or disposition of the Borrower, (which assets comprised in this security are hereinafter for brevitys sake referred to as the hypothecated assets) short particulars whereof are given in the Schedule hereto to the end and intent that the charge by way of hypothecation hereby created on the said UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-7 (Contd.) 88 hypothecated assets shall be a security by way of first charge in favour of the said Banks jointly and to each of them severally for the due repayment and discharge on demand of the said Facilities to the said Banks together with interest thereon at the agreed rates and rests as mentioned in the said Consortium Agreement and all costs, charges, expenses and other moneys payable in respect of the said Facilities and also for the due observance, performance and discharge by the Borrower of all obligations arising out of or in respect of the said Facilities or which may give rise to a pecuniary liability and for all costs (between Attorney and Client) on full indemnity basis, charges, expenses and other moneys whatsoever paid or incurred by the said Banks in connection with the insurance, protection, observance, enforcement or realisation of the Security and for recovery of their respective dues as also as security for the payment and discharge of all indebtedness whatsoever or liability of the Borrower to the said Banks in respect of any liability undertaken by the said Banks under any letter of credit opened or guarantee or indemnity issued by the said Banks for the Borrower or otherwise in respect of any account at any office of the said Banks (Whether in India or elsewhere and whether accrued, accruing or contingent and whether solely or jointly with others) and any bills of exchange promissory notes or instruments at any time drawn, made, accepted or endorsed by the Borrower solely or jointly with others which the said Banks may discount or become interested in together will all interest, discount, commission, charges, costs (between Attorney and Client), and expenses payable to or incurred by the said Banks in relation thereto so that the security hereby created shall be and shall always be and remain a continuing security for all moneys, indebtedness and liabilities aforesaid notwithstanding the existence of a credit balance on the said Account(s) at any time or any partial payments or fluctuations of accounts and the said security shall be in addition to any other security for any such indebtedness or liability now held or hereafter to be held by the said Banks. Provided, however, that where the said Banks have at the specific request of the Borrower and in their sole discretion communicated in writing to the Borrower that in respect of any specific items of goods, book-debts, movables and other assets, this charge by way of hypothecation will not operate, such goods, book-debts, movables and other assets shall be deemed as not having been hypothecated to the said Banks as stated hereinbefore. (*strike out whichever is inapplicable) 3. The Borrower hereby declares, convenants, engages and agrees with the said Banks jointly and with each of them severally as follows : a) All moneys drawn from the said Banks and credited in the said Account(s) shall UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-7 (Contd.) 89 be solely applied for the working capital needs of the Borrower in its usual ordinary course of business and for no other purpose; b) All advances made by the said Banks under the said Account(s) and the balances due to the said Banks thereunder shall be repayable to the said Banks on demand; c) Subject to the powers conferred hereunder on the said Banks and each of them, the Borrower may, in the ordinary course of business, sell and dispose of any of the hypothecated assets, but the Borrower shall on any and every such sale or on receipt of documents or sale proceeds thereof deliver the documents or pay the net proceeds of the sale in satisfaction (so far as the same shall extend) of the balances then due and owing on the said Account(s) to the said Banks or any of them as hereinafter provided. Provided further that the Borrower shall not make any sale of any of the hypothecated assets upon being prohibited in writing by any of the said Banks from doing so; d) The Borrower will regulate its drawings out of and payments into each of the said Account(s) in such manner that the amount due from time to time on each of the said Account(s) shall be kept as nearly as practicable pro rata to the respective drawals by the Borrower from the other Banks in the A Bank Consortium; e) i) The Borrower shall from time to time on demand by the said Banks furnish to the said Banks a list of all the Book Debts with the particulars of the debts and the debtors and produce to the said Banks its Books of Account and other documents to enable the said Banks to ascertain the Book Debts from time to time and the Borrower shall, whenever required produce the evidence in support thereof. The Borrower shall also without such demand furnish to the said Banks on the first day of each calendar month a similar list of all the Book Debts. ii) The Borrower shall execute on demand by the said Banks such further documents as may be required by the said Banks to vest the said Book Debts or any of them in the said Banks and to render the same readily realisable or transferable by the said Banks at any time. iii) The Borrower declares that the said Book Debts shall always be the Borrowers absolute property at its sole disposal and free from any prior charge or encumbrance and declares that nothing contained in this Deed shall operate to prejudice the rights and remedies of the said Banks in UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-7 (Contd.) 90 respect of any present or future security, guarantee, obligation or decree for any indebtedness or liability of the Borrower to the said Banks. iv) The Borrower agree that it will not compound or release any of the said Book Debts nor do anything whereby the recovery of the same may be impeded, delayed or prevented without the consent of the said Banks and further agrees to keep proper books of account of its business(es) and will at all times as and when required, produce such books of account and all vouchers, papers and documents relating thereto for the inspection of the said Banks and any of its Officers or agents and allow free access to them without any demur. v) Subject as aforesaid, the Borrower shall be at liberty to deal with the said Book Debts and claims in due course of business on the express understanding that the said Book Debts and all proceeds and/or realisations thereof and documents of title relating thereto are always kept distinguishable and held as the exclusive property of the said Banks specifically appropriated to this security to be dealt with only under the directions of the said Banks and the Borrower shall not create or suffer any mortgage, charge, lien or encumbrance to affect the same or any part thereof nor do or allow anything to be done that may prejudice the security of the said Banks created hereunder. vi) The Borrower shall furnish and verify all such statements, reports, returns, certificate vouchers and information as may from time to time be required by the said Banks in regard to the above. vii) The Borrower shall submit to the said Banks punctually monthly or oftener as and when required by any of the said Banks full particulars of all the assets of the Borrower and of the hypothecated assets and shall allow such Bank or its authorised agent to take inspection of such hypothecated assets and of all records and will produce such evidence as such Bank may require as to the cost and value of any such hypothecated assets and it shall be lawful for any of the said Banks at any time and from time to time during the continuance of this security to appoint and employ at the expenses of the Borrower in all respects and either temporarily or for such periods as such Bank shall think fit a person or persons or firm or company to inspect and value on behalf of the said Banks all or any of the hypothecated assets UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-7 (Contd.) 91 and the Borrower shall pay to the said Banks on demand the fees or other remuneration payable to any such person, firm or company and the costs, charges and expenses of and incidental to such valuation (the Banks statement therefor being conclusive in that behalf) and in default each Bank shall be at liberty to debit the amount thereof to the respective Account of the Borrower. Any such valuation shall be conclusive against the Borrower. f) If the Borrower shall fail to repay on demand any moneys which ought to be paid by it under the said Consortium Agreement or hereunder including pricipal, interest and other moneys or shall commit any breach of any covenant, agreement, undertaking or declaration on its part to be performed as herein contained or it appears to the said Banks that false or misleading information in any material particular was given in the Borrowers proposals made to the Lead Bank and such breach or default is not remedied forthwith and on the failure of the Borrower to remedy the same or if any circumstance shall occur which, in the opinion of the said Banks or any of them, is prejudicial to or imperil or is likely to prejudice or imperil this security or if any distress or execution is levied or enforced against any property or assets whatsoever of the Borrower or if any person, firm or company shall take steps towards applying for or obtaining an order for the appointment of a Receiver of any property or assets whatsoever of the Borrower or if such Receiver is appointed or if any person, firm or company shall apply or obtain an order for the winding up of the Borrower or if any such order is made or if any step is taken by any person, firm or company towards passing any resolution to wind up the Borrower or if any such resolution shall be passed or if the Borrower shall suspend or cease to carry on business or to conduct its business to the satisfaction of the said Banks or any of them, then and in any such case the entire sums in respect of the said Facilities due to the said Banks together with interest, costs, charges and other moneys payable in respect thereof shall forthwith become, at the option of the said Banks, payable at once and further it shall be lawful, for the said Banks or any of them forthwith or any time thereafter and without any notice to enter into or upon any place or premises where or wherein any of the hypothecated assets may be or are situated or kept or stored (and for the purpose of such entry to do all acts, deeds or things as are deemed necessary by the said Banks or any of them) and to inspect, value, insure and/or to take charge of and/or to seize, recover, receive, appoint receivers of and/or take possession of all or any of the hypothecated assets and thereupon either forthwith or at any time and from time to time and without any notice either UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-7 (Contd.) 92 by public auction or tender or private contract or tender to sell and dispose of all or any part of the hypothecated assets in such manner as the said Banks or any of them shall think fit and to apply the net proceeds of such sale in or towards the payment of all principal and interest then outstanding on all the said Account(s) or any of them in such manner and in such proportions as are hereafter specified and subject thereto in paymnt of all other moneys due hereunder to any of the said Banks in such manner and in such proportions as the said Banks may agree among themselves and to endorce, realise, settle, compromise and deal with any rights aforesaid without being bound to exercise any of such powers or being liable for any losses in the exercise thereof and without prejudice to the said Banks rights and remedies of suit or otherwise and notwithstanding there may be any pending suits or other proceedings, the Borrower hereby undertakes to transfer and deliver to the said Banks or any of them all relative contracts, securities, bills, notes, hundies and documents and agrees to accept the said Banks accounts and sales and realisations and to pay any shortfall or deficiency thereby shown and if the net sum realised by such sale shall be insufficient to pay the amount secured, the said Banks or any of them shall be at liberty to apply any other money or moneys in the hands of the said Banks or any of them standing to the credit of or belonging to the Borrower in or towards the payment of the balance and in the event of there being still a deficiency, the Borrower shall forthwith pay such deficiency, provided that nothing herein contained shall in any manner prejudice or affect the rights or remedies of the said Banks or any of them against the Borrower individually. The said Banks shall not be responsible in any any for the quantity, condition or safety of the said properties of which possession shall be given to or taken or obtained by the said Banks. g) If there shall be a surplus available in the hands of the said Banks or any of them after payment of all the moneys hereby secured and owing to the said Banks and to each of them, such surplus shall be applied by the said Banks and each of them in or towards the payment or liquidation of any or all other moneys which shall be or may become due from the Borrower to the said Banks or each of them solely or jointly with any other person or persons or company by way of loans, discounting bills, credit guarantees, charges or by way of any other debts or liability including bills, notes, credits and other obligations current though not then due or payable legal or any other demand, equitable, which the said Banks or any of them may have against, the Borrower or any moneys in respect of any Funded or Non-Funded Facilties availed of by the Borrower from the said Banks UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-7 (Contd.) 93 either prior to or during the tenure of the said Consortium Agreement and these Presents or of which the law of set off or mutual credit would in any case admit and where the Borrower is teken into or is in liquidation or otherwise and interest thereon from the date on which any and all advance or advances in respect thereof shall have been made at the rate or respective rates at which the same shall be so advanced and the application of any moneys to be applied under this sub-clause shall be in such manner and proportions as are hereinafter specified. h) The Borrower shall not be in any way concerned with the proportion in which any moneys applicable under this clause are appropriated and shall not have any claim whatsoever agaisnt any of the said Banks in relation to any act or thing done, ommitted, permitted or suffered by any of the said Banks in regard to the appropriation among the said Banks of any moneys applicable as aforesaid. i) The Borrower shall not remove or dismantle any of the hypothecated assets without the consent in writing of the said Banks except in any case where such removal or dismantling shall in the opinion of the Borrower be rendered necessary by reason of the same being worn out, obsolete, discarded, injured, damaged or broken and in such case will replace those so worn out, obsolete, discarded, injured, damaged or broken by others of a similar nature and of at least equal value and shall also whenever necessary renew or repalce all such assets to be used for the purpose of or in connection with the business of the Borrower when and as the same shall be worn out, obsolete, discarded, injured, damaged or broken. j) The Borrower agrees that pending seizure by the said Banks or any of them of the said hypothecated assets and any documents therefor, any insurance moneys received by the Borrower shall be held by the Borrower as the exclusive property of the said Banks specifically appropriated to the security created hereunder and the Borrower will not, without the written consent of thd said Banks, first had and obtained make or suffer nor attempt to make or suffer any mortgage, charge, lien or encumbrance to afect the same or any part thereof nor do or allow anything which may prejudice the security hereby created or agreed to be created nor create any security whatsoever save as approved by the said Banks. k) The Borrower shall if so required by the said Banks or any of them cause, and in default, the said Banks or any of them may themselves or itself cause, a Board or Boards with the name of the said Banks legibly and distinctly printed or written UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-7 (Contd.) 94 thereon to be placed and at all times maintained in a conspicuous position upon and within all godowns, jaithas or other places of storage into or upon which any of the hypothecated assets for the time being hypothecated and charged as aforesaid are or shall be brought in during the continuance of this security. l) The Borrower shall forthwith upon obtaining any lease or tenancy, leave or licence to occupy any godown or jaitha or any place containing any of the hypothecated assets which is not its own property if so required by the said Banks or any of them (and subject to the provisions of any law in this behalf) register the same in the names of the said Banks and hand over the receipts for any rents or other dues payable in respect thereof to the said Banks or any of them as may be mutually agreed among the said Banks and keep the said Banks indemnified against any and all liability in consequence of such transfer or registration in the said Banks names and shall pay any sum becoming payable to the said Banks or any of them under the said Account(s) and all such sums shall carry like interest and shall be treated as an advance secured by this security. m) The Borrower shall pay all rents, rates, taxes, payments and outgoings in respect of any immovable property in or in which the hypothecated assets may for the time being be lying and shall keep such property and hypothecated assets insured against loss or damage by fire and shall also insure the same against such other risks as the Lead Bank shall require and as provided for in the Consortium Agreement and shall produce the Policies of Insurance to the Lead Bank whenever required by it. n) The Borrower hereby declaress and guarantees that the hypothecated assets now in existence are save as aforesaid the absolute and unencumbered property of the Borrower and that the Borrower has full power of disposition thereover and that all hypothecated assets which may belong to the Borrower in future shall likewise be the absolute and unencumbered property of the Borrower with full power of disposition thereover of the Borrower. o) The Borrower shall furnish and verify all statements, reports, returns, certificates and information from time to time as required by the Lead Bank or the said Banks or any of them in respect of the hypothecated assets and execute any documents as required by the Lead Bank as in its opinion necessary to give effect to this security and if the Borrower shall fail to do so within 30 days of demand in writing by the Lead Bank, the Lead Bank may execute such documents on behalf of the UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-7 (Contd.) 95 Borrower for its own benefit and the benefit of the other Banks in the A Bank Consortium. p) This security shall be a continuing security for the balance from time to time due to the said Banks and each of them under the said Account(s) and shall not affect, impair or discharge the liability of the Borrower by winding up (voluntary or otherwise) or by any merger or amalgamation, reconstruction or otherwise of the Borrower with any other Company or take over of the management or nationalisation of the undertaking of the Borrower. q) Nothing herein contained shall prejudice any other security present or future or any right or remedy of any of the said Banks otherwise than hereunder for the recovery of any moneys due by the Borrower to the said Banks or any of them. r) If and whenever this security shall be held by the said Banks or any of them for the Borrowers liability to the said Banks or any of them in respect of any third partys obligations to the said Banks or any of them, then the Bank concerned shall be free without reference to the Borrower to deal with and the Borrower hereby consents to such Bank dealing with the principal debtor and with any securities obligations or decrees and generally to act as if the Borrower was primarily liable and to give time to other indulgence or make any variation, without thereby in any manner impairing or prejudicing the rights of the said Banks or any of them against the Borrower who declares that the liability of the Borrower shall be deemed that of a co-promissor with such third party. 4. No Payments into or drawings out of any of the said Account(s) or any transactions dealings, agreements or arrangements whatsoever in connection with any of the said Account9s) shall affect the state of the other accounts or any transaction, dealing, agreement or arrangement in connection therewith. 5. It is expressly hereby agreed by the Borrower with the said Banks and each of them that it shall be lawful for any of the said Banks to exercise any power or authority hereby expressed to be exercisable by the said Banks or any of the said Banks alone or through the Lead Bank and that the rights and powers conferred on the said Banks by these Presents shall be joint and several and shall be deemed always to be so and they may be exercised by the said Banks through the Lead Bank accordingly on behalf of all or any of the said Banks to bring or take any suit or other proceedings or take any steps for enforcement of the securities cereated in their respective favour or otherwise for realisation of their respective dues from the Borrower in the sole name UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-7 (Contd.) 96 of the Lead Bank and in the event of institution of any suit or proceeding by the Lead Bank, it shall join the others of the said Banks as party defendants/respondents in such suit or proceedings, if it is not willing to join as a party plaintiff but so that the said Banks will interse always act in mutual consultation and co-operation. 6. Any demand or notice ot be made or given to any party hereto may be made or given by leaving the same at or by posting the same by registered post in an envelope addressed in the case of the Borrower at its Registered Office and in the case of the said Banks, at the Office where the said Account(s) of the Borrower are maintained by the concerned Bank and every such demand or notice shall be deemed to be received as the case may be at the time at which it is left or at the time at which it would have been delivered in the ordinary course of post at the Office in question. 7. The Borrower shall pay on demand to the said Banks and each of them the costs (ebtween Attorney and Client) incurred by them or any of them in connection with the preparation, engrossment and stamping the counterparts in quintuplicate and execution of this Agreement and of any guarantee or other security executed contemporaneously herewith in connection with the said Facilities hereby secured and of the registration of this security with the Registrar of Companies and all other costs (between Attorney and Client), incurred or to be incurred by the said Banks or any of them in connection hereiwth or with the enforcement or attmepted enforcement of the security hereby created or the protection or defence or perfection thereof or for the recovery of any money hereby secured and of all suits and proceedings of whatsoever nature for the enforcement or realisation of the security hereby created or the recovery of such moneys or otherwise in connection herewith or in which any of the said Banks may be joined as a party or otherwise involved by reason of the existence of the security hereby created. 8. The Borrower hereby appoints the said Banks and each of them as its Attorney and authorises and said Banks and each of them to act for and in the name of the Borrower to do whatever the Borrower may be required to do under these Presents and generally to use the name of the Borrower in the exercise of all or any of the powers by these Presents concerred on the said Banks and the Borrower shall bear the expenss that may be incurred in this regard. 9. It is expressly agreed by and between the Parties hereto that i) Nothing herein shall prejudice the rights or remidies of the said Banks in respect of any present or future security, Guarantee obligation or decree for any indebtedness or liability of the Borrower to the said Banks or any of them; UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-7 (Contd.) 97 ii) The Borrower agrees and declares that the rights and powers conferred on the said Banks by these Presents shall be joint and several and shall be demed always to be so and they may be exercised by the said Banks accordingly provided however all such actions shall, as far as possible, be taken through the Lead Bank; iii) The Borrower declares, agrees and confirms that the powers and rights conferred under the provisions of this Deed shall ensure to the benefit of the A Bank Consortium as presently constitutted as also to the Consortium as may be reconstituted during the currency of the said Facilities as aforesaid and the Borrower hereby agrees to execute such documents or deeds as may be deemed necessary by the Lead Bank for safeguarding the interests of the A Bank Consortium and the Consortium as so reconstituted and to file such Particulars in such Form as may be appropriate with the Registrar of Companies and other Authorities as may be expedient or necessary for the aforesaid purpose. iv) The Borrower agrees and declares that the rights and powers conferred on the said Banks by these Presents may be exercised by the Lead Bank acting on behalf of all or any of the said Banks; IN WITNESS WHEREOF the Borrower has caused these Presents to be executed on the day month and year first hereinabove written. The Common Seal of the wi thi nnamed ........................................ Limited pursuant to the authority granted by the Resolution of the Board of Directors passed on the .............................. day of .............................. 200 , hereunto affixed in the presence of Shri ............................................................ and Shri ............................................................ Directors of the Company and Shri ................................................ the Secretary of the Company/the Authorised Official by the Board in that behalf who have signed these presents in token thereof. SIGNED AND DELIVERED for and on behalf of A Bank for itself and for and on behalf of B Bank, C Bank, D Bank and E Bank as their constituted Attorney by the hand of Shri ............................................., its Authorised Official. UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-7 (Contd.) 98 ANNEXURE-8 (To be stamped as an Agreement and also as a Genral Power of Attorney) INTER SE AGREEMENT BETWEEN A Bank, B Bank, C Bank, D Bank and E Bank (A Bank Consortium) THIS AGREEMENT is made at ................................................................................... this the ........................................ day of ........................................ 200 , between A Bank, a body corporate constituted by and under the Banking Comapnies (Acqusition and Transfer of Under taki ngs) Act, 1970/1980 and havi ng i ts Head Offi ce at ............................................................ and a *Regional Office amongst other places at ...................................................................... (hereinafter called A Bank, which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns) of the FIRST PART, B Bank, a Statutory Corporation constituted by and under the ......................................................................... and having one of its Local Head Offices at ............................................................ and a *Zonal Office amongst other places at ...................................................................... (hereinafter called B Bank, which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns) of the SECOND PART, C Bank, a body corporate constituted by and under the Banking Companies (Acqusition and Transfer of Undertakings) Act, 1970/1980 and having its Head Office at ...................................................................... and a *Regional Office amongst other places at ...................................................................... (Hereinafter called C Bank which expression shall unless it be repugnant to the subject or context thereof, include its successors and assigns) of the THIRD PART, D Bank, a body corporate constituted by and under the Banking Companies (Acqusition and Transfer of Undertakings) Act, 1970/1980 and having its Head Office at ............................................................ and a *Regional Office among other places at ....................................................................... hereinafter called D Bank which expression shall, unless it be repugnant to the subject or context thereof, its successors and assigns) of the FOURTH PART AND , a Banking Company within the meaning of the Banking Regulation Act, 1949 and a Company within the meaning of the Companies Act, 1956 and having its Princiapl Place of Business in India at ...................................................................... and a *Regional Office at ...................................................................... (hereinafter called E UCO BANK DOCUMENTATION MANUAL CHAPTER-7 99 Bank which expression shall, unless it be repugnant to the subject or context thereof, include its successor and assigns) of the FIFTH PART (All of which A Bank, B Bank, C Bank, D Bank and E Bank are hereinafter referred to the said Banks of (*Insert as applicable and appropriate Zonal Office/Local Head Office/Circle Office/Branch Office). By consent of all the Parties, A Bank is designated and recognised as the Lead Bank of the A Bank Consortium, while B Bank is designated and recognised as the Second Lead Bank of the A Bank Consortium. If the consortium of Banks is increased or diminished from time to time by adding to or dropping of one or more Banks or is changed by constitution of one Bank by another during the currency of consortium then the Reconstituted Consortium will be governed by the provisions on this Agreement as if they have been added or dropped herein as the case may be and the term the said Banks shall mean and shall be deemed to include the Reconstituted Consortium as well. WHEREAS 1. The ............................................................................................ Limited, a Company within the meai ni ng the Compani es Act, 1956 and havi ng i ts Regi stered Offi ce at ............................................................ (hereinafter called the Borrower, which expression shall, unless it be repugnant to the subject or context thereof, include its successors assigns) has been sanctioned by the A Bank Consortium inter alia, the Working Capital Facilities in the proportion as mentioned in the Working Capital Consortium Agreement dated the ................................ day of ............................... 200 , between the Borrower and the said Banks (hereinafter called the Consortium Agreement) for meeting a part of the Worki ng Capi tal needs of the Borrower, of the Borrowers deci si on at ............................................................................... in the State of ..................................... in addition to/in replacement of existing facilities or replacement of certain other facilities on the terms and conditions set out in the said Consortium Agreement and such other conditions as may be stipulated by the A Bank Consortium from time to time. The Working Capital Facilities are hereinafter collectively referred to as the said Facilities which expression shall, unless it be repugnant to the subject or context thereof, include each such facility or any one or more of them. The Limits or Sub-Limits as so fixed from time to time during the tenure of the said Consortium Agreement shall be deemed to be the Limits or Sub-Limits covered under the said Facilities. UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-8 (Contd.) 100 2. As security for the repayment of the said facilities together with interest, costs, charges and other expenses payable in respect of the said facilities the Borrower created in favour of the said Banks a first charge by way of Hypothecation on its Current Assets, both present and future, wherever situated but pertaining to the Borrower / the Borrowers decision at .............................................. as mentioned in the Joint Deed of Hypothecation dated the ................................... day of 200 ......... executed by the Borrower in favour of the said Banks and also created in favour of the said Banks by way of Collateral a second charge on the Fixed Assets, both present and future, of the Borrower/the Borrowers Division at ......................................... . (The aforesaid Charges are hereinafter collectively referred to as the said Securities). * To be added wherever stipulated and deleted if not stipulated. 3. For operational convenience, the said Bank have agreed to enter into an inter Se Agreement being these presents to define the rights inter se the said Banks in the manner and with such covenants and conditions as hereinafter contained. Now, thereforth it is recorded that the parties hereto have mutually agreed as follows : 1. The Member Banks hereby recognise A Bank as the Lead Bank and B Bank as the Second Lead Bank of the A Bank Consortium. 2. The Member Banks hereby agree to abide by the directions, instructions and clarifications as may be given from time time by the Lead Bank in consultation with the Second Lead Bank, in respect of any matters arising out of or in relation to the Cash Credit Account(s) to other Account(s) opened by the Borrower with the A Bank Consortium. 3. Notwithstanding anything to the contrary contained in or arising out of or implied by the said Consortium Agreement and/or the Joint Deed of Hypothecation and/or the Second Charge, it is hereby agreed and declared by and between the said Banks as follows : *(Delete if not applicable) a) A Bank shall act as the Lead Bank of the A Bank Consortium and B Bank as the Second Lead Bank and all the Members shall act in the spirit of the Consortium and all decisions should, as far as possible, be arrived at unanimously including those relating to sharing of ancillary business and drawings under different Facilities sanctioned to the Borrower; UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-8 (Contd.) 101 b) The Members of the Consortium do hereby agree to execute in favour of the Lead Bank and the Second Lead Bank a power of attorney or other authorisation as may be deemed appropriate for constituting the Lead Bank and the Second Lead Bank as their true and lawful attorneys for them, in their name and on their behalf to do, execute and perform all acts, deeds and things as to the Lead Bank and the Second Lead Bank may deem appropriate, necessary or expedient in the given circumstances as the Leaders of the A Bank Consortium and to take decisions for and on behalf of the Consortium and communicate the same in the general interest of the A Bank Consortium. The Member Banks do hereby agree to ratify and confirm whatever all acts, deeds and things lawfully and bonafide done, taken or effected by the Lead Bank and the Second Lead Bank as such attorneys in exercise of the powers, authorities and liberties hereby conferred upon, under and by virtue of this Agreement. c) The Members of the Consortium do hereby agree that they would act in the best interests of the Consortium having due regard to the interests of each of the Members of the Consortium. d) Each Bank shall consult the Lead Bank in respect of any matter relating to the said Facilities including those relating to sanction of adhoc/temporary credit to the Borrower and act in consonance with the clarifications, directions and decisions as may be given by the Lead Bank; e) A Bank Consortium shall act in accordance with the directions and instructions given by the Lead Bank in so far as the monitoring of the Borrowers Cash Credit Account(s) or other Account(s) with them are concerned and abide by the decisions of the Lead Bank and the Second Lead Bank, which will be binding on the other Members of the Cnsortium, in case of any dispute or difference of view on the quantum of the permissible bank finances, terms and conditions to be imposed or any other matter pertaining to the Borrowers Cash Credit Account(s) or other Account(s). f) If on account of operational difficulties or locational problems, the Borrower desires to avail of any non-fund based facility from one Member Bank in preference to another, the Lead Bank should as far as possible evolve a suitable system of sharing the relative income thereof at a Consortium Meeting and the decision of the Lead Bank/the Second Lead Bank thereon shall be binding on the Members of the Consortium. UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-8 (Contd.) 102 g) Each Bank shall not, without the consent of the Lead Bank, agree to any modification of the terms of this Agreement nor waive the rate of interest on defaults or vary the margins stipulated earlier unilaterally. h) Subject to the Provisions of the Inter Se Arrangement as may be entered into between the said Banks and the other Lenders, all proceeds of sale or other proceeds out of or in connection with any of the said Securities created by the Borrower shall be applied in the manner as set out in Clause 5 herein. i) Any action for the enforcement of the said Securities against the Borrower shall be taken by the Lead Bank in consultation with the other Members of a A Bank Consortium and the A Bank as the Lead Bank shall be at liberty to take any steps to realise or enforce the said Securities agreed to be created or close and cause to be closed the respective Cash Credit Account(s) or other Account(s) opened in the Books of the said Banks but in the morning of the full working day immediately preceding, any action intended to betaken under this clause due notice of such intention and of the action intended to be taken shall be communicated in writing by the Lead Bank to the other Banks and the other Banks shall immediately or as soon as possible after receipt of such notice demand repayment of the moneys due under the relative Cash Credit Account(s) or other Account(s) and stop all further advances or accommodations to the Borrower on the relative Cash Credit Account(s) or other Account(s) of the Borrower with it and notify its intention in writing either to act jointly in such action with the Lead Bank or otherwise and in case the other Banks shall agree to act jointly in such action then the said Banks shall act jointly and in case of failure, neglect or refusal by the other Banks to join in any such action, the Lead Bank taking action shall make the Banks so refusing, a defendant/respondent in any action which it may take against the Borrower. j) All members of the Consortium should jointly and severally ensure that there is no slackness in follow up of and supervision over credit extended to the Borrower and each of the said Banks shall keep the Lead Bank advised of all matters affecting this Agreement and shall initiate such action as may be deemed appropriate in mutual consultation with one another of the A Bank Consortium. k) Inspection of the Books of Account, verification of securities and spot checks shall be done by such Member Bank by rotation as may be decided by the Lead Bank and the Second Lead Bank and the Notes of Inspection and Verification shall be forwarded to all the Members of the Consortium. The Member Banks shall ensure UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-8 (Contd.) 103 that there is no piecemeal collection of data from the Borrower by each Member separately but that all collection of data is made by the Lead Bank or as it may direct. l) Each of the said Banks shall at the request of the Lead Bank or the Second Lead Bank join in the exercise of any power hereby made exercisable by the said Banks or any of them and shall join or concur in all such acts, proceedings, things or steps as may be necessary or convenient to enable any of the said Banks to recover any moneys due to it upon the said Securities or otherwise to obtain the benefit of the said Securities and in default, the defaulter Bank shall be made a defendant/respondent in any action, the other Banks may decide to take. m) The Lead Bank and the Second Lead Bank shall meet at quarterly intervals to assess the performance of the Borrower based on the Statements from the Borrower under the Quarterly Information System (QIS) and fix at such Meeting the Operating Limits/Individual Banks Share thereof for the next quarter which shall be binding on the Members of the Consortium. n) No Member of the Consortium shall opt out of the Consortium mainly on account of the Sickness/Impending Sickness/Weakness of any of the Borrowers Units. In the event of a Member of the Consortium desiring to opt out of the Consortium for any other reason considered to be valid by the Lead Bank either by itself or at the instance of the Borrower, that Members Share in the said Facilities should in the first instance be offered to one or more among the other Member Banks and only if none of them is willing to take up that Share, one or more New Banks may be admitted into the Consortium in consultation with the Lead Bank. o) Where however, a Member Bank faces a temporary liquidity constraint, it will be open to one or more of the other Member Banks to agree, on request by the said Bank, to take up for a temporary period not exceeding six months or such other period as may be agreed to by the Lead Bank at its sole discretion (hereinafter referred to as the Stated Temporary Period) that Banks Share in any Additional Credit Facility that may be sanctioned to the Borrower against the Guarantee of that Bank, if so called upon and on the understanding that the said Bank will take over its due Share by the end of the Stated Temporary Period. It is specifically agreed that the status of the Lead Bank in such an event does not get affected if for a temporary period the Lead Bank ceases to have the required largest exposure in the Fund Based Facilities granted to the Borrower during that period. UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-8 (Contd.) 104 p) The Lead Bank will be solely responsible for submssion to the Reserve Bank of India on behalf of Consortium Members for post-sanction scrutiny under the Credit Monitoring Arrangement and for answering to the requsitions as may from time to time be made by the Reserve Bank in that regard. The Lead Bank will also be solely responsible for submitting an Application on behalf of the Consortium Members for authorisation, if required and for obtaining the same and for answering to the requisitions as may from time to time be made by the Reserve Bank in that regard. 4. Each of the said Banks shall supply to the other or others of the said Banks Statements, monthly or more often as may be agreed upon, showing the state of the Cash Credit Account(s) or other Account(s) in the Books of the Bank supplying such Statement and the amount of payments in and the drawings out of or any other sum debited to the Cash Credit Account(s) or other Account(s) during the period preceding the date of the Statement. 5. Notwithstanding anything to the contrary contained in the said Consortium Agreement and/or the Joint Deed of Hypothecation and/or the Second Charge or arising from or by virtue or reason of or implied by the same, all moneys resulting from the enforcement or realisation of the said Securities by or on behalf of the said Banks and the amounts realised from any policy or policies of insurance in respect of the said Securities though payable to the Borrower and any other realisation from or out of the said Securities or any part thereof by enforcement of the said Securities or by recourse to any special legislation for recovery of dues as may be applicable or otherwise howsoever shall be available for distribution amongst the said Banks inter se in the same proportion to their respective outstandings in the said Facilities, without any preference or priority of one over the other or others for all purposes and to all intents and shall be applied by the Lead Bank with all convenient despatch in the manner herein provided. *(Delete if not applicable) a) First : there shall be paid out of such moneys or provisions made thereout for the costs, charges, expenses, incurred by the said Banks for and incidental to the enforcement of the said Securities and/or realisation or receipt of such moneys; b) Secondly : the balance of such moneys shall : i) in the event of the moneys so available for distribution being sufficient to pay to the said Banks the full amounts of the Debts (including the contingent UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-8 (Contd.) 105 liabilities) due from the Borrower to them respectively be applied simultaneously in the payment to each of them of their respective Debts in full; ii) in the event of moneys available for distribution being insufficient to pay to each of them the full amount of the Debts (icnluding the contingent liabilities) due from the Borrower to them respectively, be applied pari passu as nearly as may be practicable towards payment to each of them without any preference or priority whatsoever. The amount distributable to each of them shall bear to the total distributable amount the same proportion which the outstanding amounts of the Debts (including the contigent liabilities) due to each of them bears to the aggregate of the outstanding amounts of the Debts (including the contingent liabilities) due to all of them under the said Securities created and/or to be created by the Borrower. c) Thirdly : the surplus, if any, out of such moneys shall be paid by the Lead Bank to the Borrower or the person entitled thereto. 6. All realisations out of policies of Insurance taken out by the Borrower in respect of the said Securities although taken only in the name of the Borrower shall be available for the benefit of the said Banks. 7. Notwithstanding that the Lead Bank shall distribute the realisations in the manner mentioned above, as between the said Banks and the Borrower, the said Banks shall be entitled to enforce their rights by suit against the Borrower for any moneys that may still be due to them from the Borrower. 8. All documents of title evidencing the creation of the said Securities by the Borrower and all documents relating to the said Cash Credit Account(s) or other Account(s) shall be held by the Lead Bank or as it may direct. The Lead Bank shall make available the said documents to the Member Bank or any of them against their accountable receipt for the same. 9. The Lead Bank shall take all the necessary and appropriate steps and actions to ensure compliance by the Borrower with all the terms, conditions and stipulations in respect of the said Facilities, the repayment and payment obligations of the Borrower or the Guarantor/s to the said Banks, the quality, quantity and sufficiency of the Security therefor and shall undertake at the cost and expense of the Borrower the requisite inspection of the said Securities in accordance with the relevant provisions of the said Consortium Agreement and/or the Joint Deed of Hypothecation and/or the Second Charge. Whenever the Lead Bank takes any action, which in its opinion and discretion UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-8 (Contd.) 106 is necessary or appropriate in prusuance, or for the enforcement, of its rights over the said Securities or other security by taking possession of the said Securities, dealings therewith, or disposal thereof, or any other manner or by filing suits, actions or other proceedings or in any other manner in accordance with the terms, conditions and stipulations contained in the said Consortium Agreement and/or the Joint Deed of Hypothecation and/or the Second Charge or otherwise, such actions shall be taken for itself and for and on behalf of the Member Banks and where such actions have not been specifically so taken they shall be deemed to have been taken for itself and for and on behalf of the Member Banks. *(Delete if not applicable). 10. Each of the said Banks hereby agrees that all acts, deeds and things done in accordance with this Agreement by the Lead Bank shall be construed as acts, deeds and things done by each of them and each of the said Banks undertakes to ratify and confirm all and whatsoever the Lead Bank shall do or cause to be done for itself and on their behalf. The Lead Bank shall not be liable to the Member Banks for any act, deed or thing done or omitted to be done in good faith under this Agreement. 11. Any further assistance by way of Working Capital Facilities granted to the Borrower by the said Banks would have a ranking of a pari passu nature with the present assistance in respect of the said Facilities to the Borrower and shall be deemed to be included in the said Facilities and secured likewise. 12. (a) It is declared and agreed by and between the Parties hereto that notwithstanding anything to the contrary contained herein or in the securities created or purported to have been created by the Borrower in respect of the said Facilities granted or continued, prior to the execution of these Presents, shall be governed and be deemed to have always been governed by the provisions, terms and conditions contained in this Agreement, as if such Facilities were and are part of the said Facilities referred to herein and hereunder. b) It is declared and agreed by and between the Parties hereto that notwithstanding anything to the contrary contained herein or in the Securities created or purported to have been created by the Borrower in respect of the said Facilities or such other Facilities as are subsisting from time to time in favour of the A Bank Consortium, the provisions contained herein shall govern not only the A Bank Consortium as constituted at the time of execution of these Presents but also such Consortium or the Reconstituted Consortium as may be formed during the currency of the said Facilities as if the members of such Consortium or the UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-8 (Contd.) 107 Reconstituted Consortium were the original Parties hereto and such Consortium or the Reconstituted Consortium shall enter into and execute such documents or deeds as may be deemed necessary in the opinion of the Lead Bank and as directed by the Lead Bank. In Witness whereof the Parties hereto have set their hands unto these Presents the day month and year hereinabove written. SIGNED AND DELIVERED for and on behalf of A Bank, the Lead Bank by the hand of Shri ....................................................................., its Authorised Official in this behalf. SIGNED AND DELIVERED for and on behalf of the Member Banks as mentioned below by the hand of its duly Authorised Official in this behalf; B Bank Shri ..................................................................... C Bank Shri ..................................................................... D Bank Shri ..................................................................... E Bank Shri ..................................................................... DATED THIS THE ..............................................DAY OF....................... 200 . INTER SE AGREEMENT BETWEEN A BANK B BANK C BANK D BANK AND E BANK UCO BANK DOCUMENTATION MANUAL CHAPTER-7 Annexure-8 (Contd.) 108 ANNEXURE-9 REVIVAL LETTER A Bank (Lead Bank) Dear Sir, We refer to the Working Capital Consortium Agreement dated the ............................... day of ....................... 200 entered into by us with YOU, as the Lead Bank and the Member Banks in respect of the Working Capital Facilities granted to us and/or agreed to be granted to us by YOU and the Member Banks, hereinafter referred to as the A Bank Consortium and the Charge by way of Hypothecation created by us on our Current Assets as mentioned therein to secure all sums standing at the foot of the Cash Credit Account(s) or other Account(s) with YOU and the Member Banks in respect of such Facilities. We do hereby confirm that all the Security Documents Executed by us in favour of You and the Member Banks in respect of such Facilities are subsisting, valid and effective and are fully enforceable against us. We do hereby acknowledge for the purposes of Section 18 of the Indian Limitation Act, 1963 and in order to preclude any question being raised on limitation regarding our liability to your Bank and the Member Banks for the payment of the outstanding amounts in respect of the present as well as the future indebtedness and liabilities under the said Cash Credit Account(s) or other Account(s) together with interest, compound interest, additional interest, liquidated damages, costs, charges, expenses and other moneys in terms of the said Working Capital Consortium Agreement our liability shall remain in full force with all relative securities, agreements and obligations as mentioned therein. For and on behalf of .............................................. Limited UCO BANK DOCUMENTATION MANUAL CHAPTER-7 109 ANNEXURE-10 Place: Date : A Bank, B Bank, C Bank, D Bank, E Bank, Dear Sirs, Re : Working Capital Facilities Pursuant to the Working Capital Consortium Agreement Dated .............................................. entered into between us and yourselves (hereinafter collectively referred to as the A Bank Consortium with A Bank as the Lead Bank) and in consideration of your having agreed at our request to grant and having granted us the said Working Capital Facilities, inter alia, against our undertaking as appearing hereinafter, we do hereby irrevocably agree and undertake that after obtaining the requisite approvals from the Existing Term Lenders and such other approvals as may be necessary, we will create a mortgage and charge by way of a Second Charge in a form acceptable to the A Bank Consortium on our lands buildings and other structures and Plant and Machinery and other movables (other then Current Assets) both present and future situated at ..................................................................... as and by way of a collateral security to secure the Working Capital Facilities granted by the A Bank Consortium up to the limits and sub-limits as may be allowed to us by the Consortium from time to time. We also undertake to furnish to A Bank as the Lead Bank copies of the approvals as and when obtained for creating such mortgage and charge in favour of the A Bank Consortium. UCO BANK DOCUMENTATION MANUAL CHAPTER-7 110 CHAPTER 8 UCO SHELTER SCHEME LIST OF DOCUMENTS FOR UCO SHELTER FOR INDIVIDUALS 1. Letter for giving in-Principle Sanction - Annexure III 2. Format for Report on the Visit of the site of the proposed property Annexure IV 3. Process Note for in-Principle and Regular Sanction Annexure VI 4. Format for Regular Sanction Advice Annexure IX 5. ATTESTATION MEMO 6. Statement of means Annexure II(ii) 7. Format of letter to be issued to the Transferor Bank after sanction of Loan (in case of Take-Over) Annexure VIII 8. Loan Agreement (AHL-6) 9. Revival letter for the purpose of extending the limitation period (AHL-7) 10. Revival letter for the purpose of extending the limitation period (AHL-8) 11. Letter of Assignment for LIC Policy (AHL-9) 12. Recital (to be entered in the Banks Equitable Mortgage Register)evidencing creation of such mortgage (AHL-10) 13. Confirming Letter (by Regd. Post) of such mortgage (AHL-11) 14. Lawyers Search Report on letter head regarding good and marketable title of the prop- erty (AHL-12) 15. Letter of Guarantee (AHL-13) 16. Letter of undertaking an indemnity by the applicant/mortgagor in cases of agreement to purchase a flat from promoter/builder (AHL-14) 17. Letter from the Society in case of Co-operative Flats (AHL-15) 18. Letter of Authority of appropriation of retiring benefits from borrower to his employer (AHL-16) 19. Letter by the mortgagor/employee to his employer for deduction of EMI (AHL-17) UCO BANK DOCUMENTATION MANUAL CHAPTER-8 111 20. Letter from builders/promoters/owners (on letter head) assuring good title and other as- surances (AHL-18) 21. Letter requesting creation of equitable mortgage (AHL-19) 22. Affidavit-cum-undertaking by the applicant agreeing to deposit the sale deed when ob- tained (AHL-20) 23. Non encumbrance certificate and detailed report on title (to be submitted on Advocates letter head) Annexure V 24. Verification of present employment Annexure II(i) 25. Demand Promissory Note (i)A1 (ii) A1A (iii)A2 (iv) A2A UCO BANK DOCUMENTATION MANUAL CHAPTER-8 112 APPENDIX-I ANNEXURE-III UCO BANK To, ................................................ ................................................ ................................................ Dear Sir / Madam, Sub : Your Request For Loan Under UCO Shelter With reference to your application dated ..................................on the above we would like to inform that we agree In - Principle to sanction you a loan of Rs. ............................................. under the UCO SHELTER Scheme. Kindly note that this letter is only an In-Principle Sanction and the regular sanction of the loan is subject to legal vetting of the documents and technical clearance of the proposal by the bank. Please submit the copies of the documents as mentioned in the attached list (Annexure II, Part B) immediately to enable us to proceed further in the matter and also deposit an amount of Rs................................being the processing charge. In case the loan cannot be sanctioned the processing charge will be refunded to you after deducting the actual expenses incurred by the bank for carrying our legal and technical appraisal. Assuring you of our best services, Yours faithfully, UCO BANK DOCUMENTATION MANUAL CHAPTER-8 113 ANNEXURE IV PART - D INSPECTION REPORT : PART A Report on visit to applicants / co-applicants residence / office Name of the applicant : Name of the co-applicant : Father / Husbands name : Relation of co-applicant with applicant : Persons residing with the applicant : Relationship with the Earnings applicant Name : Residing at Rented house/Parental House/Office Accommodation Residing in the present address since : Local reputation : Good / Very well known /Known to few Financial Condition as reflected in the : Affluent/Well to do/Average standard of living / standard of living below average standard of living In case of business man whether the : Yes / No person is doing well As appeared from the business place/ (please specify the source of information) gathered from enquiry Information furnished in the application : Yes / No (if no extent of deviation should be from specially in respect of family mentioned) declaration is correct Purpose for which the house is purchased : Residence/Investment for children Reasons for shifting from other Institution / Bank : Date: Name of the Officer : Signature: UCO BANK DOCUMENTATION MANUAL CHAPTER-8 114 Annexure IV (Contd) PART B Report on the visit of the site of the proposed property House / Flat is ready for occupancy : Yes / No, if no what is the position Comment on the locality : Posh / Middle Class / Lower Middle Class Surroundings : Very Good / Good / Average Connection of the locality with the : Well connected / Gradual development main city taking place Stage of Construction, if loan taken for the construction : Approximate time required for completion : Type of construction : With Posh amenities like Marble flooring and costly fittings / ordinary fittings and equipment Whether the estimate submitted is : Yes / No apparently correct When the house purchase is second : Yes / No hand, whether the same is free from tenancy Arrangement made for vacant possession : For repurchase, the condition of the : Good / Not good house is Whether the proposed house/flat : construction is suitable for the applicants standard Date: Name of the Officer : Signature : UCO BANK DOCUMENTATION MANUAL CHAPTER-8 115 APPENDIX-III ANNEXURE-VI UCO BANK UCO SHELTER SCHEME Process Note for In Principle and Regular Sanction Date of Receipt of Application : ........................................... Date of In-Principle sanction : ............................................. Date of forwarding proposal to RO. .................................... Date of Sanction by branch / RO ....................................... Date of Disbursement .......................................................... PART - I Appraisal for In Principle Sanction : (A) GENERAL INFORMATION APPLICANT CO-APPLICANT 1. Name 2. Occupation 3. Position held (Business/employment) 4. Address Phone No. 5. No. of dependants (B) LOAN PARTICULARS : 1. Purpose Purchase of House/Flat/Old House/Old Flat ? H Construction of house ? H Extension/Repair/Renovation ? H Take over from other Bank/Institution ? H 2. Centre Metros/Urban/ H Semi urban/ H Rural H 3. Amount of loan Rs. 4. Repayment Period months. 5. Proposed EMI Rs. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 116 (C) COMPUTATION OF LOAN AMOUNT : I. ENTITLEMENT ON THE BASIS OF PURPOSE AND AS APPLICABLE FOR THE CENTRE : 1. Take over of the outstanding Loan : Rs. 2. Purchase price as per sale agreement : Rs. 3. Cost of construction : Rs. 4. Cost of repair/renovation/extension : Rs. 5. 10% margin : Rs 6. Loan entitlement (Margin to be deducted only from the item under 2/3/4 above Rs. ................................ ) Note : In case amount invested in the land or land is inherited value thereof Rs. Value of the land as per valuation report Rs. INCOME CRITERIA : Applicant Co-Applicant Total 1. Net Monthly income : Rs. 2. Regular Monthly Income from other source : Rs. 3. Total Monthly Income : 4. Amount required for maintenance : xxxx xxxxx Rs. of family as per no. of dependants 5. Amount left for Servicing EMI : xxxxx xxxxx Rs. [Item (3) - (4) above] 6. Loan amount on the basis of available EMI : Rs. 1.00 lac X B = Amount A (A = EMI per lac for the proposed repayment period B = Amount available for servicing EMI i.e. item 5 above) D) LOAN ENTITLEMENT : Rs. (lowest of I & II above) (E) ELIGIBLE AMOUNT OF LOAN : Rs. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 Annexure-VI (Contd.) 117 (F) DETAILED INFORMATION FOR REGULAR APPRAISAL : GUARANTOR - 1 GUARANTOR - 2 1. Name 2. Occupation 3. Position held (Business/employment) 4. Address Phone No. 5. Net means (G) PARTICULARS OF THE PROPORTY : 1. House/Flat/plot of land situated at : 2. Built up area of flat/house/proposed construction : (H) RATE OF INTEREST : Fixed/Float applicable rate (I) MODE OF PAYMENT : By deduction from Salary/PDC. (J) EMI DURING MORATORIUM (for payment of Interest) Total Interest during Moratorium No. of Months of Moratorium (K) EMI AFTER MORATORIUM : (L) OTHER INFORMATION : 1. Liquid Security a. FDR in the name of Rs. b. LIC in the name of Rs. c. NSC/KVP/Indira Vikash in the name of Rs. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 Annexure-VI (Contd.) 118 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 2. Other Collateral Security (Property) In the name of Mr. / Mrs. .. Value Rs....Situated at 3. Processing charge : Rs. 4. All documents as per circular obtained : Yes/No. 5. Mortgage created on : (M) WHETHER THERE HAS BEEN CHANGE IN THE LOAN AMOUNT FOR WHICH IN PRINCIPLE SANCTION HAS BEEN GIVEN : Yes/No. If Yes reasons and details thereof. (N) CHECK LIST FOR SANCTION : 1. Date of visit to residence . 2. Date of visit to site 3. Legal opinion obtained & The property has clear marketable title : Yes/No 4. Certificate from Valuer obtained & as per the same value/estimate is realistic : Yes/No RECOMMENDATION : Recommended for sanction of a loan of Rs. .. payable in.. installments with EMI of Rs. Rate of interest....% ..................................... Signature DECISION : ..................................... Signature Annexure-VI (Contd.) 119 APPENDIX-IV ANNEXURE-IX FORMAT FOR REGULAR SANCTION ADVICE UCO BANK ............................................... BRANCH Date : ............................ Ref. No. ................................................. Dear Sir / Madam, Sub : Sanction of Loan under UCO Shelter With reference to your application dated ................................... for a loan under our above scheme, we are pleased to inform that a loan of Rs. ................................... (Rupees .............. .................................................................................... only) for purchase of house/flat/construction of house/repair/renovation/extension of house/flat/take over of your existing loan from ............................ has been sanctioned in your favour. The following terms and condition shall be applicable to the loan. 1. Amount of Loan : Rs. 2. Rate of Interest : With quarterly / monthly rest. 3. Moratorium Period : 4. Repayment Period : 5. Equated Monthly Instalment (EMI) a) Monthly Instalment of Interest during Moratorium period, if any : Rs. b) EMI for principal + interest after : Rs. moratorium 6. Security a) Mortgage of the property to be Finance situated at : Rs. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 120 b) Collateral i) Mortgage of Property in the name of Mr./Mrs. Situated at : Rs. ii) KY/FDR in the name of : Rs. iii) NSC/KVP/INDIRA VIKASH : Rs. In the name of iv) LIC in the name of : Rs. 7. Personal Guarantee : 1. 2. 3. 8. Processing Charge (0.5% of the loan Amount minimum Rs. 1000/-) Rs. Less Rs. (already received) Net Payable Rs. This advise is being forwarded to you in duplicate one copy of which may please be returned duly signed as a token of the acceptance of our terms of sanction. Kindly note the attached sheet containing details of other terms of sanction forms an integral part of this Sanction advice. Yours faithfully, CHIEF MANAGER / SR. MANAGER / MANAGER UCO BANK DOCUMENTATION MANUAL CHAPTER-8 Annexure-IX (Contd.) 121 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 INTEGRAL PART OF SANCTION ADVICE Other Terms of Sanction : 1. The above terms and condition shall be subject to modification by the bank as may be considered necessary at any point of time at the sole discretion of the bank. 2. Loan will be disbursed on completion of the formalities relating to the documentation / creation of security. 3. The loan will be disbursed as per the terms mentioned in Agreement for sale / in phases not more than three for the purpose of construction. 4. The margin for the project (where the same is not entirely covered by the cost of land) to be paid either up front or proportionately before disbursement of each instalment. 5. For construction, 80% loan amount will be disbursed in phase not exceeding three, based on progress of construction. In case the customer wants to draw 80% of the loan amount in more than three instalments a processing fee of 0.1% will be applicable on the amount proposed to be drawn beyond the third instalment. The last instalment of 20% should be released only after being satisfied that 80% of the construction work has been completed. 6. In case of purchase of house / flat the amount will be paid by Managers Cheque / DO directly to the Seller. 7. For construction, drawal of cash will be permitted only at the discretion of the Bank or at mutually agreed terms. 8. The borrower will submit to the bank a photograph of the house / flat for which the loan has been given. 9. The banks representative will have to access to the house / flat for inspection purpose during the pendency of the loan as and when required by the bank. 10. In respect of Take Over Loan on adjustment of the outstanding loan with ,the transferor Bank / Institution the bank shall take delivery of the original title deed and create the mortgage in its books for securing the loan. 11. Prepayment charge @2% on the amount prepaid will be levied in case of loan carrying FIXED RATE INTEREST. Annexure-IX (Contd.) 122 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 12. In case of delay beyond a reasonable period (1 month) in depositing the original Title Deed to the Bank, 2% penal interest will be recovered for the period of delay. An undertaking to that effect would have to be given. 13. In case of delay in payment of EMI by one month or more penal interest @2% per annum will be charged on the amount of default of the period i.e. with effect from due date. 14. The sanction does not vest in anyone the right to claim any damage against the bank for any reason whatsoever. Annexure-IX (Contd.) 123 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 ATTESTATION MEMO Name of the Branch : Name of the borrower / party : Nature of facility and limit sanctioned : Details of document obtained : Signature of Officer in whose presence Documents were signed : Signature of officer verifying signature of executants : Documents examined by : Date : ....................................... ....................................... ASSISTANT MANAGER MANAGER APPENDIX - V 124 APPENDIX-VI ANNEXURE-II (ii) STATEMENT OF MEANS 1. Name 2. Address with Telephone No. a) Residential b) Business/Office 3. Age 4. Guarantee offered in the account of 5. Occupation 6. Total Annual income for the last two Yr. Ended 31.03. ..... Yr. Ended 31.03. ...... years [copy of I.T. Returns/orders to be enclosed in case in Income Tax Payers] a. Details of Assets owned : Sl. Full desciption of Purchase Present Details of Details of Whether free No. property giving Price Market Annual Income Title deeds from location and full [Rs.] Price [Rs.] from Property of the Encum- address in question Property branches [Rs.] UCO BANK DOCUMENTATION MANUAL CHAPTER-8 125 b. Details of investments, if any : Sl. No. of Shares / Units / Name of the company Face Value Present No. Bonds etc. (Rs.) market value (Rs.) c. Deposit with Banks : Sl. Name of the Bank Nature of A/c Balance as on No. S.B/F.D/R.D/C.A date (Rs) d. Insurance policies on own life held : Sl. Policy No. Amount Surrender Date of Date of Whether Annual No. Insured Value/Paid- Commence- Maturity encum- Premium (Rs.) value (Rs.) ment bered Payable (Rs.) e. Details of other personal assets such as jewellery, car etc. Sl. Details of items Purchase price Present market No. (Rs.) value (Rs.) 8. Total of 7(a) to (e) above : Rs. ................................ lac. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 Annexure-II(ii) (Contd.) 126 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 9. Details of borrowings : Sl. Amount of From whom Security offered When No. borrowing (Rs.) borrowed payable 10. Net Means (89) : Rs. ........................................ lac 11. Details of Personal Guarantees given, if any : Sl. Amount of In whose favour Purpose of Guarantee No. guarantee given I hereby declare that the informations given hereinabove are true and correct Annexure-II(ii) (Contd.) 127 APPENDIX-VII ANNEXURE-VIII [Format of letter to be issued to the transferor bank after sanction of loan] UCO BANK ......................................... BRANCH To The Manager, .................................................... .................................................... .................................................... Sir, Sub : Home Loan A/c. Mr................................................with you. At the request of Mr./Ms......................................................... we have sanctioned a loan under our Home Loan Scheme to him / her / them for taking over the same from you. Kindly furnish the following credit information for enabling us to take over the loan from you. 1. Name of the account 2. IRAC status .................................................. as on ....................... 3. Date of sanction of the loan by you. 4. Amount sanctioned 5. Balance outstanding Rs. ................................... as on ............................ 6. If the borrower has defaulted in payment of Instalment (EMI) so far : Yes / No If Yes : No. of times of default : Amount in default Rs. 7. Conduct of the account 8. Details of property mortgaged / Security and list of documents and title deed related to the same held. In order to remit the amount for liquidation of the entire outstanding loan along with upto UCO BANK DOCUMENTATION MANUAL CHAPTER-8 128 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 date interest thereon receivable by you from Mr./Ms. ....................................................................... we would request you to kindly let us know your total dues i.e. Principal plus interest from the said borrower as on 10th day from (the date to be specified) the date of receipt of this letter. While forwarding your reply please confirm that on receipt of the said amount from us you will relinquish your charges on the security held for the loan and deliver the original title deed and other related papers / security to the authorised official of the bank in presence of the borrower who has already authorised the Bank to take delivery of the above said title deeds and documents. On receipt of your confirmation we shall proceed further in the matter. Kindly treat the matter as urgent. Thanking you, Yours faithfully, Annexure-VIII (Contd.) 129 APPENDIX-VIII AHL-6 UCO BANK LOAN AGREEMENT Articles of Agreement made this the .................................. day of ......................... 20 ............ at........................................................................................................................................................ BETWEEN ......................................................................................................................................................... residing at ............................................................................................................................................ ....................................................................................................................................................... herein-under called the Borrowers (which expression shall unless the context otherwise requires, include his/her heirs, executors, administrators, and permitted assigns) of the One Part AND UCO Bank, a body corporate constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970, as amended by the Banking Laws (Amendment) Act, 1985, having its Head Office at No. 10, Biplabi Trailokya Maharaj Sarani, Kolkata-700 001 and one of its Branches at ....................................................... hereinafter called the Bank (which expressions shall unless the context otherwise requires, include its successors and assigns) of the Other Part ARTICLE-1 DEFINITIONS 1.1 In this Agreement unless the context otherwise requires: a) The term loan means the loan amount provided for in the Schedule A Annexed hereto. b) The term house means a new independent house/ready-built flat for residential purpose of any size and type having an independent access and includes a bungalow, an ownership apartment, a flat, a row house, etc., but does not include a farm house or a temporary or a semi-permanent structure or land only. c) The term repayment means the repayment of -the principal amount of loan with interest thereon, and/or any other charges, premium, fees or other dues payable in terms of this Agreement to the Bank and means in particular, amortisation provided for in Article 2.6 of this Agreement. d) The term prepayment means premature repayment as per the terms and UCO BANK DOCUMENTATION MANUAL CHAPTER-8 130 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 conditions laid down by the Bank in that behalf in UCO SHELTER Scheme and in force at the time of prepayment. e) The expression Equated Monthly Instalment (EMI) means the amount of monthly payment necessary to amortize the loan with interest over the period of the loan inclusive of higher EMI if the minimum income criteria is fulfilled. f) The expression Equated Monthly Instalment Interest, (EMlI) means interest at the rate indicated in the Schedule A on the loan from the date/respective dates of disbursement to the date immediately prior to the date of commencement of EMI. g) the term borrower wherever the context so requires shall mean and be construed as borrower and the masculine gender wherever the context so required shall mean and be construed as the feminine gender. h) UCO Shelter Scheme means as scheme framed by the Bank for granting loans to the customers in the home loan segment as amended from time to time. 1.2 The term and expressions not herein defined shall where the interpretation and meaning have been assigned to them in terms of the General Clauses Act, 1897 have that interpretation and meaning, ARTICLE-2 LOAN AND REPAYMENT OF LOAN ETC. 2.1 Amount of Loan The Borrower agrees to borrow from the Bank and the Bank agrees to lend to the Borrower a sum more fully and particularly described in Schedule A annexed hereto, forming an integral part of this Agreement on the terms and conditions herein set forth and also in the Banks UCO Shelter Scheme as revised from time to time which would form an integral part of this Agreement. (a) The borrower has to pay a processing fee to the Bank equal to 0.5% of the loan amount subject to minimum of Rs. 1000/- which shall be collected in two stages as mentioned below: a) On issuance In Principal Sanction (pre-sanction stage) ... 0.25% b) On conveying final sanction (post sanction stage) ... 0.25% 2.2 Repayment of loan, interest, etc. a) The rate of interest applicable to the said loan as at the date of executinon of this Agreement is described in Schedule A annexed hereto. Interest shall be calculated at the interval(s) specified in the said Schedule A annexed hereto forming an integral part of this Agreement. AHL-6 (Contd.) 131 b) The due date for payment of each EMI shall be first date of every month, interest being charged with monthly/quarterly rests on reducing balances, and EMI is arrived assuming the repayments on due dates. c) The loan will be repayable in ............................................................... consecutive EMls of Rs. ...................................... each subject to what is stated hereunder. These instalments shall be paid by first date of every month. The EMls comprises of principal and interest calculated on the basis of monthly/quarterly rests @..............% p.a. and is rounded off to the next rupee. Provided, however, that the above rate of interest may be revised or increased by the Bank consequent upon change in the Banks Prime Lending Rate from time to time or at the sole discretion of the Bank of which notice shall be given to the borrower and this agreement shall be construed as if such revised or increased rate of interest were mentioned herein and. agreed to be paid by the borrower. d) any money due and payable to the Bank and received by the Bank shall be applied in such order as the Bank in its absolute discretion may from time to time conclusively determine (save that the Bank may credit the same to a suspense account for so long and in such manner as the Bank may from time determine). Without prejudice to the above, the monies received shall be appropriated in the following manner: i) Firstly, towards liqudated damages and further interest (including uncharged interest); ii) Secondly, towards interest charged; iii) Thirdly, towards costs, charges and expenses incurred by the Bank; and iv) Lastly, towards the principal. amount due. 2.3 Schedule of Disbursement The loan will be disbursed in suitable instalments depending on the progress of the construction work and the Borrowers investment in the project being adequate to justify the disbursement. The progress of construction work will be certified by the Engineer/ Officer of the Bank, the disbursement will be made on the basis of the Certificate by UCO BANK DOCUMENTATION MANUAL CHAPTER-8 AHL-6 (Contd.) 132 the Engineer/ Officer of the Bank, to the effect that the investments made for construction work by the Borrower in the project is not less than that envisaged in the loan application. The decision of the Bank shall be final and binding on the borrower. However, the said sanctioned loan shall be drawn by the borrower within twelve months from the date of the letter of offer No. ..................................................... more fully and particularly described in Schedule A annexed hereto forming an integral part of this Agreement. 2.4 Right to cancel further Disbursement Without prejudice to Banks rights and remedies, the Bank shall have the right to cancel and suspend further disbursement of loan, if an event of default as defined in Article 7 has happened. 2.6 Mode of Disbursement The loan will be disbursed in suitable instalments (normally not exceeding three) based on the progress of construction and after completion of requisite formalities, namely, a) The Bank has to be satisfied that the borrower has already invested the stipulated margin (including the cost of land) before commencement of disbursement. b) About 20% of the loan amount will be disbursed as the last instalment only after i) completion of total structure comprising of walls and roof in case of construction of house ii) immediately before handing over of physical possession in case of flat, on being satisfied that the flat/apartment is complete in all respect and is habitable. c) Disbursement may be made through Demand Draft/Managers Cheque/Pay Order favouring seller of the property contractors/ promoters/co-operative societies etc. wherever required, as in the case of constructed, need-based cash disbursement may also be made. 2.6 Amortisation a) Subject to Article 2.2 hereinabove, the borrower will amortize the loan by payment of Equated Monthly Instalment (EMI) comprising of principal and interest at the rate more fully and particularly described in schedule B annexed hereto forming an integral part of this Agreement. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 AHL-6 (Contd.) 133 b) Prior to commencement of EMI the Borrower shall pay to the Bank PEMII, every month (if applicable). 2.7 Delay in payment of EMI etc. a) No notice, reminder or intimation will be given to the Borrower regarding his/her obligation of pay the EMI or PEMII regularly on due date. It shall be entirely his/ her responsibility to ensure prompt and regular payment of RMI or PEMII. b) The delay in payment of EMI or PEMII shall render the Borrower liable to pay additional interest as per the rule of the Bank in that behalf as in force from time to time. 2.8 Pre-payment The Bank may, in its sole discretion and on such terms as to pre-payment charges, etc. as it may prescribed permit acceleration of equated monthly instalments or pre- payment at the request of the Borrower as per UCO Shelter Scheme. 2.9 Terminal Dates of Disbursement Notwithstanding anything to the contrary contained herein the Bank may by notice to the Borrower suspend or cancel further disbursements of the loan if the loan shall not have been fully drawn within 12 months from the date of the letter of offer. 2.10 Alteration and Re-Scheduling of Equated Monthly Instalments If the loan is not totally drawn by the Borrower within a period of 12 months from the date of letter of offer the EMI may be altered and re-scheduled in such manner and to such extent as the Bank may, in its sole discretion, decide and the repayment will be made as per the said alteration and re-scheduling notwithstanding anything stated in Article 2.1 and the Schedule. 2.11 Liability of Borrower(s) to be Joint and Several The liability of the Borrower(s) to repay the loan together with interest etc. and to observe the terms and conditions of this Agreement is joint several. ARTICLE - 3 SECURITY 3.1 Security for the Loan by Mortgage of Property The Borrower agrees and undertakes that the principal sum of the loan, interest, commitment and other charges and any other dues under this Agreement shall be secured by mortgage of the unencumbered property by way of first charge more fully UCO BANK DOCUMENTATION MANUAL CHAPTER-8 AHL-6 (Contd.) 134 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 and particularly described in the Schedule - C annexed hereto, forming an integral part of this Agreement (hereinafter referred to as the said security) and the Bank shall have the right to decide, in its sole discretion, the type of mortgage or any other or additional security as required by the Bank. 3.2 The Borrower shall comply with the following a) To give a declaration to the effect that the Borrower has a clear and marketable title to the property offered as security, free from reasonable doubts and encumbrances, liens, lispendens and attachments. b) To execute a money bond or pro-note in favour of the Bank for the amount of the loan. c) To execute a Power of Attorney in favour of the Bank for execution and registration of a legal mortgage. d) To execute any other document that may be considered necessary to safeguard the interests of the Bank. ARTICLE - 4 CONDITIONS PRECEDENT TO DISBURSEMENT OF THE LOAN 4.1 Utilisation of the Borrowers Contribution by way of margin a) The Borrower assures the Bank that he had, prior to receiving the disbursement of the loan as aforesaid utilised his own contribution for purchase or construction/ repair of the said house, as the case may be as per UCO Shelter Scheme. b) Title The Borrower assures the Bank that he has absolute, clear and marketable title to the property to be mortgaged by him as security for the loan and that the said property is absolutely unencumbered and free from any liability whatsoever. 4.2 Other conditions for Disbursement a) Non Existence of Event of Default No event of default as defined in Article 7 shall have happened. b) Evidence for Utilisation of Disbursement Such disbursement shall at the time of request thereof be needed immediately by the Borrower for the purpose of purchase or construction of the house, as the case may be, and the Borrower shall produce such evidence of the proposed utilisation of the proceeds of the disbursement as is found satisfactory by the Bank. AHL-6 (Contd.) 135 c) Extra-ordinary Circumstances No extra-ordinary or other circumstances shall have occurred which shall make it improbable for the Borrower to fulfill his obligations under this Agreement. d) Utilisation of prior Disbursement The Borrower shall have satisfied the Bank about the utilisation of the proceeds of any prior disbursement. e) Pending Legal Proceeding The Borrower shall have furnished a declaration to the effect that there is no action, suit proceedings or investigation pending or to the knowledge of the Borrower threatened by or against the Borrower before any Court of Law or Government Authority or any other competent authority which might have a material effect on the financial and other affairs of the Borrower or which might put into question the validity or performance of his loan agreement or any of its terms and conditions. ARTICLE - 5 COVENANTS 5.1 Particular Affirmative Covenants a) Utilisation of loan The Borrower shall utilise the entire loan for the purchase/construction of the house as indicated by him/her in his/her loan application and for no other purpose whatsoever. b) Construction The Borrower covenants that he shall complete the said. construction as indicated by him/her in ,his/her loan application or otherwise and obtain and produce to the Bank a proper completion certificate issued by the concerned Municipal Corporation or Municipality or Panchayat. c) Notify causes of delay The Borrower shall promptly notify any event or circumstances which might operate as a cause of delay in the commencement or completion of the construction. d) Maintenance of house The Borrower shall maintain the house, when completed, in good order and condition and will make all necessary repairs, additions and improvements thereto during the pendency of the loan. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 AHL-6 (Contd.) 136 e) To notify change in employment etc. The Borrower shall notify and change in his/her employment, business or profession within seven days of the change. f) Compliance with rules etc. and payment of maintenance charges etc. The Borrower shall duly pay land revenues, and faxes, cesses and other impositions and outgoing to the Goverriment/Municipality/Panchayats and punctually comply with all the terms and conditions of the holding of the house and all the rules, regulations, bye laws etc. of the concerned co-operative society, Association, Limited Company or any other competent authority, and pay such maintenance and other charges for the upkeep, of the house as also any other dues etc. as may be payable in respect of the said house or the use thereof. g) Insurance Notwithstanding what is hereinabove stated the Borrower shall be vigilant and he/ she shall see that the property is always duly and properly insured against fire and other hazards. h) Loss/damage by uncovered risks The Borrower shall promptly inform the Bank of any loss or damage to the property which the Borrower may suffer due to any force majeure or act of God, such as earthquake, flood, storm, tempest or typhoon, etc. against which the property may not have been insured. i) Life Insurance Policy In case of assignment of life insurance policy as a collateral security the Borrower shall duly pay premiums regularly on the date fixed for payment on such policy or policies and shall keep the policies in full force and effect. j) Right of set off on all monies Until payment is made to the Bank of all the amounts, whether past, present or future, actual or contingent, which may be payable by the Borrower or for which the Borrower may be or become liable hereunder or otherwise and whether as principal or surety, the Borrower agrees that the Bank shall have a lien and/or right of set off on all securities and/or monies whatsoever held at any time by the Bank on account of or to the credit of the Borrower in or for any account for manner or purpose howsoever. The Bank shall be at liberty to discharge the said UCO BANK DOCUMENTATION MANUAL CHAPTER-8 AHL-6 (Contd.) 137 obligations or liabilities of the Borrower out of the said securities and/or monies, and in case of term deposits, whether the same have matured for payment or not, and may appropriate or realise them in the manner thought fit by it and without notice to the Borrower (and whether before or after filing suit or taking any legal proceedings). The Bank may set off an amount estimated by it in good faith to be the amount of that obligation. k) Publication of name in case of default The Borrower hereby agrees as a pre-condition of the loan/advances to the borrower by the Bank that in case borrower commits defaults in the repayment of the loan/ advances or in title repayment of interest thereon or any of the agreed instalment of the loan on due date/s, the bank and/or the Reserve Bank of India will have unqualified right to disclose/publish the name of the borrower/firm/unit and its Directors/Partners/ Proprietors as defaulter in such manner and through such medium as the Bank or Reserve Bank of India in their absolute discretion may think fit. 5.2 Notify Additions, Alterations The Borrower shall notify and furnish details of any additions to or alterations in the house, which might be proposed to be made during the pendency of the loan. 5.3 Banks right to Inspect The Borrower agrees that the Bank or any person authorised by it shall have free access to the property for the purpose of inspection or supervising and inspecting the progress of construction and the accounts of construction to ensure proper utilisation of the loan. i) Borrowers consent for Disclosure of information regarding credit facilities to CREDIT INFORMATION BUREAU (INDIA) LTD. and other agencies As a pre- condition, relating to grant of the loans/advances/other non-fund based credit facilities to the borrower, bank requires borrowers consent for the disclosure by the bank of, information and data relating to the credit facility availed of/to be availed, by borrower; obligations assumed/to be assumed, by borrower, in relation thereto and default, if any, committed by borrower in discharge thereof. ii) Accordingly, borrowers hereby agree and give consent for the disclosure by the Bank of all or any such; UCO BANK DOCUMENTATION MANUAL CHAPTER-8 AHL-6 (Contd.) 138 a) information and data relating to borrower; b) the information or data relating any credit facility availed of/to be availed, by borrower; and c) default, if any, committed by borrower in discharge of borrower such obligation, as the Bank may deem appropriate and necessary, to disclose and furnish to Credit Information Bureau (India) Ltd., and any other agency authorised in this behalf by RBI. iii) Borrowers declare that the information and data furnished by borrower to the Bank are true and correct. iv) Borrowers undertake that : a) the Credit Information Bureau (India) Ltd., and any other agency so authorised may use, process the said information and data disclosed by the Bank; and b) the Credit Information Bureau (India) Ltd., and any other agency so authorised may furnish for consideration, the processed information and data or products thereof prepared by them, to banks/financial institutions and other credit guarantees, as may be specified by the Reserve Bank of India in this behalf. 5.4 Negative Covenants Unless the Bank shall otherwise agree: a) Possession The Borrower shall not let out or otherwise howsoever part with the possession of the property or any part thereof. b) Alienation The Borrower shall not sell, mortgage, lease, surrender or otherwise howsoever alienate the property or any part thereof. c) Agreements and Arrangements The Borrower shall not enter into any agreement or arrangement with any person, institution or Government body for the use, occupation or disposal of the said property or any part thereof during the pendency of the loan. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 AHL-6 (Contd.) 139 d) Change of use The Borrower shall not change residential use of the property. If the property is used for any purpose other than residential purpose, in addition to any other action which the Bank might take the Bank shall be entitled to charge, in its sole discretion, such higher rate of interest as it might fix in the circumstances of the case. e) Merger The Borrower shall not amalgamate or merge his property with any other adjacent property nor shall be create any right of way or any other easement on the property. f) Surety or Guarantee The Borrower shall not stand surety for anybody or guarantee the repayment of any loan or the purchase price of any asset. g) Leaving India The Borrower shall not leave India for employment or business or for long term stay abroad without fully repaying the loan then outstanding together with interest and other dues and charges including prepayment charges as per the rules of the Bank then in force. ARCTICLE - 6 BORROWERS WARRANTIES 6.1 The Borrower hereby warrants and undertakes to the bank as follows: a) Confirmation of loan application The Borrower confirms the accuracy the information given in his loan application made to the Bank and any prior or subsequent information or explanation given to the bank in this behalf. b) Disclosure of material changes That subsequent to the said loan application there has been no material change which would affect the purchase/construction of the house or the grant of the loan as proposed in the loan application. c) Charge and encumbrances That there are no mortgages, charges, lispendens or liens or other encumbrances or any rights of way, light or water or other easements or right of support on the whole or any part of the property of the borrower. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 AHL-6 (Contd.) 140 d) Litigation That the Borrower is not a party, to any litigation of a material character and that the borrower is not aware of any facts likely to give rise to such litigation or to material claims against the Borrower. e) Disclosure of defects in property That the Borrower is not aware of any document, judgment or legal process or other charges, of any latent or patent defect affecting the title of the property or of any material defect in the property of its title which has reproved undisclosed and/or which may affect the Bank prejudicially. f) Public schemes affecting the Borrowers property That the Borrowers property is not included in or affected by any of the schemes of Central/State Government or of the Improvement trust or any other public body or local authority or by any alignment, widening or construction of road under any scheme of the Central/State Government or of any Corporation, Municipal Committee, gram Panchayat etc. g) Infringement of Local Laws That no suit is pending in the Municipal Megistrates Court or any other Court of Law in respect of the property mortgated with the Bank nor has the borrower been served with any Notice for infringing the provisions of the Municipal Act or any Act relating to local bodies or Gram Panchayats or Local Authorities or with any other process under - any of these Acts. h) Disclosure of facts That the Borrower has disclosed all facts relating to his property to the bank and has made available to them all the title deeds in his possession. i) Due payment of public and other demands That the Borower has paid all admitted public demands such as Income Tax and all the other taxes and revenues payabale to the Govt. of India or to the Government of any State or to any local authority and that at present there are no arrears of such taxes and revenues due and outstanding. . j) It shall be the borrowers obligation to keep himself acquainted with the rules of the bank herein referred to, in force from time to time. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 AHL-6 (Contd.) 141 k) Banks right of lien and/or set off on securities/monies Until payment is made to. the bank of all amounts, whether past present or future, actual or contingent, which may be payable by the borrower or for which the Borrower may be or become liable hereunder or otherwise and whether as principal or, surety; the Borrower agrees that the Bank shall have a lien and/or right of set off on all securities. and/or moneis whatsoever held at any time by the Bank on account of or to the credit of the Borrower in or for any account or liabilities of the Borrower out of the said securities and/or monies, and in case of term deposits, whether the same have matured for payment or not, and may appropriate or realise them in the manner thought fit by it and without notice to the Borrower (and whether before or after filing suit or taking any legal proceedings). The Bank may set off an amount estimated by it in good faith to be the amount that obligation. ARTICLE - 7 REMEDIES OF THE BANK If one or more of the events specified in this Article (hereinafter called event of default) shall have happened, then the Bank by a written notice to the Borrower may declare the Principal of an all accrued interest on the loan and any other charges and dues to be due and upon such declaration the same shall forthwith become due and payable forthwith and the security constituted herein shall become enforceable, notwithstanding anything to the contrary in this Agreement. 7.1 Events of Default a) Payment of Default Default shall have occurred in payment of equated monthly instalments as provided for in Article 2.2 (c), in payment of PEMII provided for in Article 2.6(b) and in payment of any other amounts due and payable to the Bank in terms of this Agreement. b) Performance of Covenants Default shall have occurred in the performance of any other convenants, conditions or agreements on the part of the borrower under this Agreement between the borrower and the Bank in respect of this loan and such default shall have continued over a period of 30 days after notice thereof shall have been given to the borrower by the Bank. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 AHL-6 (Contd.) 142 c) Supply of Misleading information Any information by the borrower in his loan application to the Bank for financial assistance is found to be misleading or incorrect in any material respect of any warrantly referred to in Article 6 is found to be incorrect. d) Inability to Pay Debts If there is reasonable apprehension that the borrower is unable to pay his debts or preceedings for taking him into insolvency have been commenced. e) Depreciation of Security If the property given as security depreciates in value to such an extent that in the opinion of the Bank further security to the satisfaction of the Bank should be given and such security is not given, in spite of being called upon to do so. f) Sale or disposal or Property If the borrowers property which is given as security for the loan is sold, disposed of, charged, encumbered or alienated. g) Attachment or Distraint on Mortgaged Properties If an attachment or distraint is levied on the Mortgaged property or any part thereof and/or certificate proceedings are taken or commenced for recovery of any dues from the Borrower. 7.2 Bankruptcy or Insolvency If the borrower shall become bankrupt or insolvent, the principal of and all accrued interest on the loan and any other dues shall thereupon become due and payable forthwith, anything in this Agreement to the contrary notwithstanding. 7.3 Notice to the bank on the happening of an event of default If any event of default or any event which, after the notice or lapse of time or both would constitute an event of default shall have happened, the borrower shall forthwith give the Bank notice thereof in writing specifying such event of default, or such event. 7.4 Expenses of Preservation of Assets of the Borrower and of Collection All reasonable costs incurred by the Bank after an event of default has occurred in connection with: i) Preservation of the Borrowers assets (whether now or hereafter existing) or UCO BANK DOCUMENTATION MANUAL CHAPTER-8 AHL-6 (Contd.) 143 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 ii) Collection of amounts due under this Agreement may be charged to the Borrower and reimbursed as the Bank shall specify. ARTICLE - 8 WAIVER 8.1 Waiver not to Impair the Rights of the Bank No delay in exercising or omission to exercise, any right, power or remedy accruing to the Bank upon any default under this Agreement, mortgage deed or any other Agreement or document shall impair any such right, power or remedy or shall be construed to be a waiver thereof or any acquiescence in such default; nor shall the action or inaction of the Bank in respect of any default or any acquiescence by it in any default, affect or impair any right, power or remedy of the Bank in respect of any other default. ARTICLE - 9 EFFECTIVE DATE OF AGREEMENT 9.1 Agreement to become Effective from the Date of Execution a) The Agreement shall have become binding on the borrower and the Bank on and from the date of execution hereof, it shall be in force till all the monies due and payable to the Bank under this Agreement are fully paid. b) The letter of offer No. ........................................................................... more fully and particularly described in Schedule A and/or any subsequent letter(s) of offer communication issued by the bank and duly accepted by the Borrower(s) shall form an integral part of this Agreement. ARTICLE - 10 MISCELLANEOUS 10.1 Place and Mode of Payment by the Borrower All monies due and payable by the Borrower to the bank under or in terms of this Agreement shall be paid at the Branch office of the Bank by cheque, or Bank Draft drawn in favour of the Bank on a scheduled bank in the town or city where such branch office is situated or in any other manner as may be approved by the Bank and shall be so paid as to enable the Bank to realise the amount sought to be paid on or before the due date to which the payment relates. Credit for all payment by cheque/bank draft drawn will be given only on realisation thereof by the Bank. 10.2 Service of Notice Any notice or request required or permitted to be given or made under this Agreement to the Bank or to the Borrower shall be given in writing. Such notice or request shall AHL-6 (Contd.) 144 be deemed to have been duly given or made when it shall be delivered by hand, mail or telegram to the party to which it is required or permitted to be given or made at such partys address specified below or at such other address as such party shall have designated by notice to the party giving such notice or making such request: For UCO Bank : UCO Bank ...................................................... (Branch) For the Borrower : The address first above written or the property address described in the Schedule. SCHEDULE A a) Amount of Loan Rs. ..................................................... b) Rate of Interest ........................................................... c) Intervals at which interest shall becomputed - Quarterly/Monthly Letter of Offer No. (s) ............................................ dated ..................... SCHEDULE B Amortisation a) EMI ........................................................................... b) No. of EMls .............................................................. c) Terms of repayment ................................................. Note : It would advisable to draw up a complete Repayment Schedule and set out herein. REPAYMENT SCHEDULE SCHEDULE C 3.1 Description of Property ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 AHL-6 (Contd.) 145 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 IN WITNESS WHEREOF the parties hereto have signed the day, month and year first abovewritten. Signed and Delivered by the within named Borrower/s ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. Signed and Delivered by the within named UCO Bank ....................................... (Branch) by the hand of Shri ............................................................................................................................ its ................................................................................................................................................... AHL-6 (Contd.) 146 APPENDIX-IX AHL - 7 Rs. ...................................... On Demand, I/We ........................................................................................................................... ....................................................................................................................................................... jointly and severally, Promise to Pay UCO Bank or order the sum of Rs. ............................. (Rupees .......................................................................................................................................) only with interest thereon at.......................% per annum for value received. Place : Revenue Stamp Date : Name of Executant ................................................................................. Address ............................................................................................... UCO BANK DOCUMENTATION MANUAL CHAPTER-8 147 APPENDIX-X ............................................................................................................................... ........................... AHL - 8 REVIVAL LETTER To UCO Bank .................................................. .................................................. .................................................. With reference to my / our Housing Loan Account with you secured by a Demand Promissory Note dated ...................... for Rs. ......................... (Rs. ................................................................) only with interest made by me / us in your favour I / We acknowledge for the purpose of section 18 of the Indian Limitation Act, 1963 and any like limitation law that I am / we are liable to you for payment of the Said Promissory Note with interest in respect of all present and future indebtedness and liabilities secured thereby which Promissory Note is to remain in force with all relative securities agreements and obligations. Dated at ............................this ...................... day of ....................... 20 ....... Revenue Stamp UCO BANK DOCUMENTATION MANUAL CHAPTER-8 148 APPENDIX-XI AHL - 9 UCO BANK LETTER OF ASSIGNMENT FOR LlC POLICY [Instruction: This portion is to be typed on the back of the policy document, with two extra copies on plain paper also duly signed and witnessed.] I, the undersigned,.......................................................................................................... the life assured under the within Policy Assurance No. ....................................................... do hereby assign and transfer all my rights, title and interest in the within Policy of Assurance and the monees thereby secured and all the benefits attached thereto to UCO bank, successors and assigns absolutely for value received and which may be received hereafter. Dated at ............................................ this ............................ day of .............................. 20......... WITNESS : Signature ....................................................................................................................................... Full Name ..................................................................................................................................... Designation .................................................................................................................................... Address ......................................................................................................................................... [Instruction: Two copies of draft Notice in respect of each policy separately is to be submitted to UCO Bank together with the policy and the copy of the assignment. Please write the full address of the LlC office where the policy is at present attached.] NOTICE The Branch Manager Life Insurance Corpn. Of India Place : (Complete Postal address) Date : .................................................. .................................................. Dear Sir, Policy No. ........................................................ own life I hereby give you notice that I have assigned the above policy to UCO Bank on ..................................... Please acknowledge receipt of this notice and forward the enclosed Policy / Deed of Assignment to UCO bank after registering the assignment thereon in your books. Yours faithfully, .................................................. .................................................. (signature of Witness) (Signature of Assignor) UCO BANK DOCUMENTATION MANUAL CHAPTER-8 149 APPENDIX-XII AHL -10 RECITAL ( To be entered in the Banks Equitable Mortgage Register evidencing creation of such mortgage) Borrower/s ..................................................................................................................................... ....................................................................................................................................................... Motgagor/s .................................................................................................................................... 1. 2. 3. 4. Documents Deposited on : Date .................................................. On the date mentioned the Mortgagor/s above named attend office of UCO Bank at ........................................................................................ Calcutta and delivered to and deposited with................................................................................................................................................. (Name of the Branch) before Shri .................................................................................................................................... Officer of UCO Bank (hereinafter called The Officer) the documents of title, evidence, deeds and writings more particularly described in the First Schedule hereunder written ( hereinafter called the said title - deeds) in respect of Mortgagor/s property particularly described in the Second Schedule hereunder written. Whilst making the deposit of the said deeds the Mortgagor/s stated that he/they was/ were making deposit of the said title deeds with intent to create a security by way of an equitable mortgage, by deposit of original title deeds, on the said property together with structures, standing thereon and / or to be constructed in future (hereinafter referred to as the said immovable property) to secure the due repayment and discharge by the abovenamed Mortgagor to UCO Bank of the Principal amount of loan together with interest, compound interest and / or additional or further interest in case of default, liquidated damages, commitment charges, premia on pre - payment or on redemption, cost, charges, expenses and other money/s payable by the Mortgagor/s to UCO Bank under the Loan Agreement dated .................................................. The Mortgagor/s stated that the said title deeds so deposited were the only documents of title relating to the said immovable property. The Officer acting on behalf of UCO Bank accepted the said deposit on the title deeds made by the Mortgagor/s as security for the UCO BANK DOCUMENTATION MANUAL CHAPTER-8 150 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 aforesaid facilities in the presence of ........................................................................................................................................................ ........................................................................................................................................................ Address Dated ............................... First Schedule 1 .................................................................................................................................................... 2 .................................................................................................................................................... 3 .................................................................................................................................................... 4 .................................................................................................................................................... 5 .................................................................................................................................................... 6 .................................................................................................................................................... 7 .................................................................................................................................................... 8 .................................................................................................................................................... 9 .................................................................................................................................................... 10 .................................................................................................................................................... 11 .................................................................................................................................................... 12 .................................................................................................................................................... Second Schedule A Plot of land measuring ............................ Cottas ............................. Chattaks ...................... Sq. ft. .................................................. dec. etc. more or less situated and being Premises No. ...................................................................................................................................................... within ................................................................................................................... Notified Area / Corporation / Panchayat / Municipality Thana...............................................Dag No. ..................... Khatian No. ................................ Mauja ....................................... District. ................................... AHL-10 (Contd.) 151 APPENDIX-XIII AHL -11 CONFIRMING LETTER (By Registered Post) Date : From : ............................................... ............................................... ............................................... To UCO Bank ..................................... Branch (Affix Rubber Stamp of the Region / Branch Office) Dear Sir I/We am/are wri ti ng thi s to confi rm that I/we have deposi ted wi th you on ............................................ at your office at .......................................................................... the Original Title Deeds described in the Schedule II hereunder written relating to my / our property at ............................................................................................ fully described in Schedule I hereunder written (hereinafter referred to as the said property) with the intention of creating an equitable mor tgage on the said property by way of security for the loan of Rs.................................................. lent, advanced and agreed to be advanced by UCO Bank and all amounts due or to become due together with interests. costs, charges and all other expenses. The said property is self acquired / inherited and as such no one else has any interest in the said property. The said property is under my / our sole possession / occupation (a portion of the building is under tenancy occupation of Sri .......................................................... on monthly rent). There is no subsisting agreements for sale of the said property nor has any prospective or any intending purchaser taken possession of it or a part of it. The said property is free from encumbrances. Yours faithfully, UCO BANK DOCUMENTATION MANUAL CHAPTER-8 152 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 SCHEDULE I A plot of land measuring ................................ Cottahs.................................. Chattaks ................... sq.ft. .................................................. dec etc. more or less situated and being Premises No................................................................................................................................................. within ........................................ Municipality, Thana ................................ Dag No. ..................... Mouza.................................................... Dist. ............................... SCHEDULE II List of the Title Deeds Signature of the Mortgagor AHL-11 (Contd.) 153 APPENDIX-XIV AHL - 12 NOTE : To be submitted on Advocates Letterhead Non Encumbrances Certificate & Detailed Report on Title Ref : An area of land measuring ................................ Cottahs ....................... chattaks ..................... sq. ft. ............................. dec ....................etc. approx. Situated in Dag No. ............................ Khatian No. ....................... J.L. No. ........................ P.S. ............................ within Sub-Registrars Offcice of ............................... Dist. ................................... or Premises No. ......................................... Present owner of the said Plot: Shri / Smt. .................................................................................................. .................................................................................................................. I have caused necessary searches in the Sub-Registry Office at .............................................. for the period from .................................... to ................................... and in the Dist. Registry Office at ......................................... for a period from ............................. to ...............................and have inspected the Settlement Records, JLRO/Municipal Mutation and all other relevant documents in respect of the aforesaid property. My report is as follows : [NOTE FOR THE ADVOCATE (Not to be typed) (The Advocate should state here after examining all prior title deeds relating to the property as to how the ownership developed from time to time on the present owners. Changes of ownership which might have taken place during the period by way of transfer/inheritance should be mentioned along with the rel evant names, references of the regi stered deed.) The sai d Shri/Smt. ..................................................................................................... after purchasing the aforesaid property from ......................... on ............................... vide Deed No. ............................ at a consideration value of Rs. ................................ became the absolute owner of the aforesaid mentioned area of .............................. cottas .......................... chattaks .......................... sq. ft. .................... dec .................. etc. and got his/her/their name/s duly mutated in the local JLRO office and Municipal Office and paid the relevant taxes upto date. I hereby certify that the above mentioned land of Shri/Smt. ........................................................................................ is free from all sorts of encumbrances, charges, liabilities, liens, lispendens and attachment of any kind whatsoever and the said property is absolutely clear, free and marketable. It is also hereby certified that the abovementioned land is not hit by any restriction of Urban Land (Ceiling & Regulation) Act, 1976 and the same is not under any claim of CMDA and CIT and it is fit for equitable mortgage. The receipts for the relevant searches are enclosed hereto. ............................................ Signature of the Advocate UCO BANK DOCUMENTATION MANUAL CHAPTER-8 154 APPENDIX-XV AHL-13 Photograph of the Guarantor, (to be signed by him/her across the same) LETTER OF GUARANTEE (To be stamped as an Agreement in accordance with the Stamp Act in-force in the State in which the document is executed and not to be attested. This document to be filled up by the own handwriting of the Guarantor) Place: Date: UCO Bank, ............................... Branch, Dear Sirs, In consideration of your having at my request and upon the terms that I give this guarantee, sanctioned, in principal, a loan of Rs. .................... (Rupees ........................................ only) (hereinafter referred to as the Loan) to Shri/Smt. ................................................................. residing at ............................................................................................................................ .......................................................................... (hereinafter referred to as the Borrowers which expression shall unless the context otherwise requires include his/their heirs, executors, administrators and permitted assigns) broadly on the terms and conditions stated in the Offer Letter duly accepted by the Borrower/s, AND WHEREAS pursuant to the said Offer Letter you have agreed to enter into a loan Agreement as per the draft thereof herewith annexed which I have persued and the terms and conditions whereof are known to me, AND IN CONSIDERATION of your having at the request of the Borrower/s and my request and upon the terms and stipulations that I give this guarantee to you agreed to disburse, lend and advance to the Borrower/s the Loan. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 155 1. I DO HEREBY GUARANTEE that the Borrower/s, jointly and severally, will duly and punctually observe and perform each and everyone of the obligations, to pay money, whether for or towards principal, interest, additional interest, commitment charge, extra charges on arrears, service charges, redemption premium, cost or otherwise howsoever on their part contained in the said Loan Agreement and also in any instrument or instruments that may hereafter be executed by him/them in your favour modifying the terms of the said Loan Agreement AND I DO HEREBY AGREE AND UNDERTAKE THAT in the event of the default on his/their part or on the part of anyone of them in making payments in discharge of any of such obligation, I shall forthwith upon your notifying such default to me, such notification to be conclusive and binding on me as to such default make payment to you not only of the instalments due in respect of the defaulted instalments but also in the event of your having accelerated the payment of the balance of the Loan, make payment to you of the entire Loan without demur or protest myself notwithstanding any protestations from the Borrower/s and I shall without prejudice to all your other rights indemnify you and keep you indemnified against all loss of principal interest or other monies due to you in respect of the Loan under the said Loan Agreement and/or any instrument or instruments that may hereafter be executed by the Borrower/s in your favour and all costs, charges and expenses whatsoever which you may incur by reason of any such default on the part of the Borrower/s. 2. I hereby accord my consent to the terms of the said Loan Agreement and/or any instrument or instruments that may hereafter be executed by the Borrower/s in your favour as aforesaid, being by mutual consent between you and him/them in any respect varied or modified without requiring my consent or approval thereto and I agree that my liability under this Guarantee shall in no manner be affected by such variations and modifications and I expressly give up all my rights as surety under the provisions of the Indian Contract Act, 1872 in that behalf. 3. You shall have the fullest liberty without in any way affecting this Guarantee and discharging me from my liability thereunder to postpone for any time or from time to time the exercise of any power or powers reserved to or conferred on you by the said Loan Agreement or any instrument or instruments that may hereafter be executed by the Borrower/s in your favour and to exercise the same at any time and in any manner and either to enforce or forbear to enforce payment of principal or interest or other monies due to you by the Borrower/s or any of the remedies or securities available to you or to grant any indulgence or facility to the Borrower/s AND I SHALL not be UCO BANK DOCUMENTATION MANUAL CHAPTER-8 AHL-13 (Contd.) 156 released by any exercise by you of your liberty with reference to the matter aforesaid or anyone of them or by reason of time being given to the Borrower/s or of any other forbearance, act or omission on your part or any other indulgence by you to the Borrower/s or by any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of so releasing me AND I hereby waive all suretyship and other rights which I might otherwise be entitled to enforce or which. but for this provision have the effect of releasing me. 4. This Guarantee shall be enforceable against me, my respective heirs, executors and administrators notwithstanding that securities (if any) that may be comprised in any instrument or instruments that may be executed by the Borrower/s or any other person/ s in your favour shall be at the time when proceedings are taken against me hereunder be outstanding, or unrealised and this guarantee shall not be determined or affected by my death but shall be binding and operative until the repayment of all monies due to you. 5. In order to give effect to this Guarantee you shall be entitled to act as if I was the principal debtor to you for all payments guaranteed by me as aforesaid. 6. Without prejudice to what is stated in any other clause herein and without in anyway whatsoever limiting or restricting the scope and the operation of the Guarantee herein contained or the liability therefrom arising and keeping this Guarantee and all the obligations and liabilities thereunder in full force and effect, I, in particular agree, assure and undertake that the Borrower/s shall in terms of the said Loan Agreement and/or any other instruments or documents executed hereafter pay you every month duri ng the peri od of Loan the amount of Rs. ......................................... (Rupees ............................................................... only) (or any other amount as the case may be) being the Equated Monthly Instalment, failing which, I shall make good the default by full payment of the Equated Monthly Instalment, within seven days of the due date without any notice of the default having been received from you. I undertake the obligation to verify whether Borrower/s has/have paid the Equated Monthly Instalment and in default pay it myself without being called upon to do so, notwithstanding anything to the contrary herein contained, without conferring any legal obligation in you to give any notice and in the event of any notice of demand being issued by you to me (which shall be final, binding and conclusive on the Borrower/s and me) I shall forthwith, without any demur, protest or objection and notwithstanding and protestations from the Borrower/ s, pay the amount mentioned therein, without your being required to obtain any consent or confirmation from the Borrower/s. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 AHL-13 (Contd.) 157 7. This Guarantee is a continuing one and shall be binding on me, my respective heirs, administrators, assigns and successors for all amount of principal of the Loan that may be advanced by you to the Borrower/s under the said Loan Agreement and/or any instruments that may hereafter be executed by him/them in your favour or with you as also for all interest, additional interest, commitment charges, extra charges or arrears, service charges, costs and other monies which may from time to time become due and remain unpaid to you by the Borrower/s thereunder and shall remain in full force and operative until all such money shall be paid off in full with interest, costs and other monies and shall not be determined or affected by my death. . 8. The benefit of this Guarantee shall ensure for the benefit of your successors and assigns and shall be irrevocable until the discharge by me of all my obligations thereunder. 9. This Guarantee shall not be affected nor shall this Guarantee be in anyway prejudiced by your absorption or by your amalgamation with any company, corporation or concern but shall be available for and to the absorbed or amalgamated company, corporation or concern. 10. I assure you that I am under the disability or restriction to give you this Guarantee and to undertake to you the repayment and pecuniary obligations of the Borrower/s as set out in the said Loan Agreement. 11. I agree and acknowledge that this Guarantee shall ipso facto come into force and become valid and binding on me immediately upon the Loan Agreement being executed between the Borrower/s and you without requiring any further consent or confirmation from me. 12. You shall have the fullest liberty without in anyway affecting this Guarantee and discharging me from my liability thereunder to increase or decrease the loan and/or vary the rate of interest and/or repayment terms thereof and/or permit the Borrower/s to transfer the Loan from one property to another without any reference or needing prior consent from me. 13. I further assure you that I have not applied for a loan to UCO Bank nor I am a borrower of UCO Bank nor have I given any guarantee to UCO Bank in respect of any person/ s other than the Borrower/s mentioned herein above and I UNDERTAKE not to apply for loan to UCO BANK or obtain loan from UCO BANK or give guarantee to UCO Bank in respect of any person/s other than the Borrower/s mentioned herein above or until this guarantee has been cancelled by you. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 AHL-13 (Contd.) 158 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 Signature of the Guarantor : ............................................................................................ Name of the Guarantor : ............................................................................................ (in block Letters) Fathers/Husbands Name : ............................................................................................ Age of the Guarantor : ............................................................................................ Designation : ............................................................................................ Office Address : ............................................................................................ ............................................................................................ ............................................................................................ Telephone No. (Office) : ........................................ (Resi) ........................................ Residential Address : ............................................................................................ AHL-13 (Contd.) 159 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 Verification of the Guarantors Signature (To be filled by the own handwriting of the person) verifying the Guarantors Signature) Signature of the Guarantor : .................................................................................. Name of the Person verifying : .................................................................................. Signature with Office seal : .................................................................................. of the person verifying Designation / Profession of : .................................................................................. the person verifying Guarantors Signature Office Address : .................................................................................. .................................................................................. .................................................................................. Telephone No. (Office) : .................................................................................. Residential Address : .................................................................................. Telephone No. (Residence) : .................................................................................. AHL-13 (Contd.) 160 APPENDIX - XVI AHL - 14 LETTER OF UNDERTAKING & INDEMNITY (By the applicant/mortgagor in cases of agreement to purchase a flat from promoter/builder) To UCO BANK Date : ......................................... Branch Place : Dear Sirs, Loans for purchasing residential property I/We ..................................................................... have been granted a loan of Rs. ....................... for purchasing Flat No............................... at Premises No. ................................................. from............................................... (name of the Builder/Promoter/Owner) UCO Bank (hereinafter called the Bank) has on the basis of Agreement for Sale dated ........................... (made between me/us and said ................................................................................ (Name of the Builder/Promoter/Owner) agreed to lend and advance a total amount of Rs. ........................ (Rupees ...................................................................................) only to me/us and also agreed, as desired by me to pay on my behalf towards the part value of the said Flat to .................................................. (Name of the Builder/Promoter/Owner). In consideration aforesaid I/we hereby agree and undertake that in the event of cancellation of the above agreement by the said .......................................................................... (Name of the Builder/ Promoter/Owner) or by me/us for any reason whatsoever ; a) The amount of l oan pai d on behal f of me / us to the said .............................................................................. (name of the builder/promoter/owner) as part whole of the consideration money shall become due for repayment immediately and I/we hereby undertake to repay the amount of loan advance with interest and costs immediately. b) I/We also further undertake to make the said ............................................. (name of the builder / promoter / owner) to execute and register the Sale Deed in my/our favour within 3 months from the date hereof and deposit the same with the Bank as security for the said loan. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 161 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 I/We also hereby agree and undertake to keep the Bank indemnified and harmless against any loss, damages, costs, charges and expenses that the Bank may suffer or incur by reason of the Bank having advanced or agreed to advance to me/us the said l oan of Rs................................... to be pai d by i nstal ments to the sai d .................................................................... (name of the builder/promoter/owner) or by reason of cancellation of the said agreement for sale or non-execution of the Sale Deed within 3 months from the date hereof or noncreation of mortgage or on default on my/ our par t to compl y wi th the terms and condi ti ons of the Loan Agreement dated ..................................... entered/to be entered with the Bank. I/We undertake to make good to the Bank the costs, charges and expenses, losses and damages which may be suffered, sustained or incurred by the Bank due to or in consequence of or in connection with the matters hereinbefore mentioned. Dated, this...................................... day of ................................... 20 ............ Name : Address : AHL-14 (Contd.) 162 APPENDIX-XVII AHL - 15 (Letter from Society in case of Co-operative flats) UCO BANK ............................................ ............................................ Branch Dear Sirs, Re : Flat No. ........................ of Mr./Ms. ...................................................................... in the Building called ........................................................................... and situated at .................................................................................. This is to confirm that ..................................................... Housing Society Ltd., is the owner of the Building called ........................................................................................ and the Society has allotted the flat No. .............................................. on the ...................................... floor to Mr./Ms. .................................................................................................................... who are in possession thereof. You have vide your letter dated ........................................requested us to record charge/ lien of your Bank on the share and the flat referred to above as security for repayment of the loan granted by the Bank to Mr/Ms. .......................................................................................... We confirm that we have duly recorded your charge/lien on the subject flat and we shall not allow the allottee Mr./Ms. ......................................................................................................... to transfer and/or exchange the said flat without obtaining your prior written consent. We fur ther confi rm that there are no outstandi ng dues of Mr./Ms. ........................................................................................................ to the Society. Thanking you, Yours faithfully, For and on behalf of the Society UCO BANK DOCUMENTATION MANUAL CHAPTER-8 163 APPENDIX-XVIII AHL- 16 (Letter of Authority of Appropriation of retiring benefits from borrower to his employer) . (To be submitted by the employee to his employer) To ...................................................... ...................................................... Dear Sir, Housing Loan from UCO Bank I would like to inform you that for purchasing/constructing/repair/alteration/ extension of my flat/house at ...................................................................................................., I intend to obtain a housing loan for Rs. ........................ (Rupees .......................................................................only) from UCO Bank. As per the loan sanctioned terms, UCO Bank has requested me to obtain a certificate from my employer stating that in case of my resignation, death, retirement, termination of service by my employer and / or cessation from service for any reason whatsoever, due notice shall be given to UCO bank for Settlement of their dues with me. 2. Accordingly, I hereby authorize .......................................................... (my employer) that in the event of my resignation, death, termination of service and / or cessation from service for any reason whatsoever, or having been placed under suspension for any cause whatsoever, before the above loan together with the accrued interest and other charges thereon have been fully repaid, to deduct from the moneys due to me or standing to my credit or due to my Provident Fund or Gratuity or Pension to which I am entitled, such amount as will be sufficient to liquidate outstanding balance of this loan with the accrued interest and other charges thereon upon the date of such cessation, and to pay the same directly to the UCO Bank in satisfaction of this loan. 3. I further authorise my employer i.e., to deduct to the maximum extent possible (i.e., the full amount of retirement benefit available) subject to a minimum of Rs. ............................. on my retirement from service i.e. and pay the same directly to UCO Bank in satisfaction of this loan. UCO BANK DOCUMENTATION MANUAL CHAPTER-8 164 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 4. Kindly, therefore, arrange to issue a certificate to UCO Bank on the above lines so that the loan payment can be expedited. Yours faithfully ............................................ Signature of the employee (.............................................) Name of the employee AHL-16 (Contd.) 165 APPENDIX-XIX AHL -17 (Letter by the mortgagor/employee to his employer for deduction of EMI) ...................................................... ...................................................... ...................................................... (Address of the disbursing authority of the office) Date: Dear Sir, HOUSING LOAN INDIVIDUAL LOAN A/C NO. .............................. I, the undersigned ................................................................................................................... am an employee of your department. I hereby authorise you to recover by deduction from my salary payable to me by the department, a sum of Rs............................ (Rupees ...............................................................................................) only every month representing the Equated Monthly Instalment (EMI) by which I have undertaken to repay the loan taken by me from UCO Bank ............................................................................ I hereby agree that I shall not be entitled to withdraw or revoke the authority until the whole of my debt inclusive of interest to UCO Bank is liquidated and written consent of UCO Bank is obtained. Yours faithfully, (Name..................................) Witness: Name ..................................................... 1. Signature .............................................. 2. Signature ................................................. Full Name ............................................. Full Name ................................................ Designation ............................................ Designation .............................................. Branch/Dept. .......................................... Branch/Dept. ............................................ UCO BANK DOCUMENTATION MANUAL CHAPTER-8 166 APPENDIX-XX AHL - 18 Letter from builders/promoters/owners (on letter head) assuring good title and other assurances To UCO Bank ........................................Branch Dear Sir, This is to confirm that we have agreed to sell the Flat No.................................................... in .............. storied building together with the plot of land measuring.................................. Cottah ........................... Chattak .............................. sq. ft. ...................... dec ............... etc. approx. situated at/within the Premises No. .........................................................(hereinafter called as the said property) to Mr./Mrs. ....................................................................... son/wife of Shri ........................................................................................ (hereinafter called as purchaser/s) for a total consideration of Rs. .......................... (Rupees ..............................................................) only which is due on ................................................ We hereby assure you that the said plot of land as well as the said building situated at / within the Premises No. .................................................... are not subject to any encumbrances or liabilities of any kind whatsoever and that the entire property is free from all sorts of encumbrances. The said property is clear and marketable. We further confirm that we have a clear and legal marketable title to the said property and every part thereof. We also undertake and confirm that we shall not raise any loan from any bank, institution, firm, corporate body or any other person or body and create any charge/ encumbrances on the said property without your written consent. We further undertake and confirm that we shall not cancel the Agreement for Sale and sell the said property or allow the purchaser/s to transfer the said property without your written consent. In case of cancellation of Agreement for Sale for whatever cause l/we shall repay to you the i nstal ments of consi derati on money di sbursed by you on behal f of Shri/Smt............................................................ . (name of the Borrower) We have no obj ecti on to your gi vi ng a l oan of Rs. ............................ to Mr./Mrs. .................................................................................... purchaser/s of the said building UCO BANK DOCUMENTATION MANUAL CHAPTER-8 167 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 together with the said plot of land referred to in Paragraph 1 of this letter and his/her/their mortgaging the same with you by way of security for repayment of the loan notwithstanding anything to the contrary contained in our Agreement dated ............................ executed by and between myself / ourselves with the said purchaser/s. Thanking you, Yours faithfully, Note : 1. If the Promoter / Builder is a Firm then all the Partners, have to sign the same with the office seal of the firm. 2. If the promoter / Builder is not empowered by a Registered Power of Attorney to transfer / mortgage the property in favour of UCO Bank in such event all the owners should sign the same along with the Builder / Promoter. 3. If the Promoter / Builder is a Limited Company then this letter is to be signed by the authorized signatory of the company with the official seal. AHL-18 (Contd.) 168 APPENDIX-XXI AHL - 19 ............................................................ BRANCH Letter requesting creation of Equitable Mortgage To Shri / Smt. ............................................... ........................................................................ ........................................................................ Dear Sir / Madam, Re : Loan Amount Rs. ............................. Full & Final Disbursement on ................................. Loan A/c No. ................................... You will kindly recall that according to the terms and conditions of the above Loan sanc- tioned to you, your original conveyance deed I original registration Receipt issued by Regis- try Office with regard to your property at .................................................................................... ........................................................................................... is required to be deposited with us as per your Letter of Indemnity and Declaration dated............................................... As you have not yet deposited the said deed or conveyance you are requested to deposit the same within 12 days of receipt of this letter. Kindly treat this letter as urgent. Thanking you, Yours faithfully, Chief Manager / Sr. Manager UCO BANK DOCUMENTATION MANUAL CHAPTER-8 169 APPENDIX-XXII AHL - 20 Affidavit-cum-undertaking by Applicant Agreeing to Deposit the Sale Deed when obtained (Before the Metropolitan / 1st Class Judicial Magistrate) I ..................................................................................................................................................... S/o ................................................................................................................................................ aged about ................................ at present residing at ............................................................. do hereby solemnly affirm and declare as follows: 1. That I am by profession ....................................................................... carrying on business at ......................................................................................................... / an employee of .............................................................................................................. having its office inter alia, at ...................................................................... 2. That I have been sanctioned a loan of Rs. ............................................. by UCO Bank having its branch at .................................................................................... Under its housing finance scheme named UCO Shelter for the purpose of purchasing a ready built flat situated at........................................................................................................................... for a purchase price of Rs. .................................... and for the purpose I have entered into an agreement for sale dated ..................... with .................................................................. of ................................................................................................................................................ (hereinafter called the builder) and ....................................................................................... of.................................................................................................. (hereinafter called the owner) for purchasing the said flat along with proportionate undivided share in the land and other common areas and facilities appurtenant thereto. 3. That according to the terms of sanction I have to deposit the original documents of title relating to the said flat with the Bank with an intent to create an equitable mortgage by way of 1st charge on the said flat in favour of the Bank as security for due repayment of the said loan along with interest, costs, charges, expenses as agreed upon. 4. Since it is likely to take some time to get sale deed duly executed and registered by the Builder / Owner transferring the right title and interest in the said flat with undivided share in the land in my favour, I do hereby irrevocably agree and undertake to deposit / have already deposited Original Agreement for sale dt. ............................... entered into between the Builder / Owner and myself alongwith other relevant documents namely, UCO BANK DOCUMENTATION MANUAL CHAPTER-8 170 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 the current revenue receipt, paid up Municipal Tax Receipts etc. with an intent to create a first mortgage on the said flat alongwith undivided interest in the land as security for due repayment of the said loan with interest as agreed rate, costs charges and expenses thereon. 5. I do hereby further agree and undertake to get the sale deed duly registered in my favour in respect of the said float by the Builder / Owner as early as possible and to handover the said deed / original Receipt issued by the concerned Registry Office evidencing lodgement of the said sale deed for registration duly discharged to enable the bank to take delivery of the, original of the said sale deed duly registered from the concerned registry office and authorise the Bank to keep the original sale deed deposited with the said agreement for sale as security until the said loan alongwith interests, cost, charges, expenses thereon are duly repaid and / or satisfied. 6. That relying on my aforesaid representation the Bank has agreed to sanction the said loan to me. 7. The statements made in the foregoing paragraphs are true to my knowledge. Solemnly affirmed ............................................................ at ........................................................ in the presence of ............................ ............................................................ Deponent Before me Metropolitan / 1 st Class Judicial Magistrate with Official Seal. AHL-20 (Contd.) 171 APPENDIX-XXIII ANNEXURE-V NOTE : To be submitted on Advocates Letterhead Non Encumbrances Certificate & Detailed Report on Title Ref : An area of land measuring ................................ Cottahs ....................... chattaks ..................... sq. ft. ............................. dec ....................etc. approx. Situated in Dag No. ............................ Khatian No. ....................... J.L. No. ........................ P.S. ............................ within Sub-Registrars Office of ............................... Dist. ................................... or Premises No. ......................................... Present owner of the said Plot: Shri / Smt. .................................................................................................. .................................................................................................................. I have caused necessary searches in the Sub-Registry Office at ................................................ for the period from ..................................... to ................................... and in the Dist. Registry Office at ......................................... for a period from............................. to ............................... and have inspected the Settlement Records, JLRO/Municipal Mutation and all other relevant documents in respect of the aforesaid property. My report is as follows: [NOTE FOR THE ADVOCATE (Not to be typed) (The Advocate should state here after examining all prior title deeds relating to the property as to how the ownership developed from time to time on the present owners. Changes of ownership which might have taken place during the period by way of transfer/inheritance should be mentioned along with the relevant names, references of the registered deed.)] The said Shri/Smt. ........................................................................................ after purchasing the aforesaid property from ................................ on ................................................ vide Deed No. ...................................... at a consideration value of Rs. ................................ became the absolute owner of the aforesaid mentioned area of .................................. cottas ........................... chattaks ...................... sq. ft. ............. dec ....................... etc. and got his/her/their name/s duly mutated in the local JLRO office and Municipal Office and paid the relevant taxes upto date. I hereby cer ti fy that the above menti oned l and of Shri / Smt. .................................................................. is free from all sorts of encumbrances, charges, liabilities, liens, lispendens and attachment of any kind whatsoever and the said property is absolutely clear, free and marketable. It is also hereby certified that the abovementioned land is not hit by any restriction of Urban Land (Ceiling & Regulation) Act, 1976 and the same is not under any claim of CMDA and CIT and it is fit for equitable mortgage. The receipts for the relevant searches are enclosed hereto. ............................................ Signature of the Advocate UCO BANK DOCUMENTATION MANUAL CHAPTER-8 172 APPENDIX - XXIV ANNEXURE -II (i) VERIFICATION OF PRESENT EMPLOYMENT (A) EMPLOYMENT DATA 1. Applicants : a) Date of joining : b) Date of confirmation : c) Date of Retirement / superannuation : d) Qualification : e) Date of Birth : 2. Present Designation : 3. Probability of continued employment : Good / Fair / Poor 4. If Bonus, Overtime and Commission Bonus Rs. are applicable, the amount that is Overtime Rs. expected to continue 5. Has applicant applied for / If yes, please indicate outstanding amount taken a loan from Outstanding amount Monthly instalment a) The company : Rs. ........................ Rs. ........................ b) Provident Fund : Rs. ........................ Rs. ........................ c) Co-op credit Society : Rs. ........................ Rs. ........................ d) Is he / she regular in repayment of these loans : YES / NO (B) Monthly pay date : For the month of ................................................................................. Gross Deductions 1. Basic Pay : Rs. ................ 1. Provident Fund Rs. ................ 2. Dearness Allowance : Rs. ................ 2. Income Tax Rs. ................ 3. House Rent Allowance : Rs. ................ 3. Loan Instalment Rs. ................ 4. City Compensatory 4. Other (Specify) Rs. ................ Allowance : Rs. ................ Rs. ................ 5. Conveyance Allowance : Rs. ................ Rs. ................ 6. Bonus : Rs. ................ Rs. ................ 7. Other Allowance Rs. ................ Total Rs. ................ (please specify) Total Rs. ................ Net Take Home Pay Rs. ................ UCO BANK DOCUMENTATION MANUAL CHAPTER-8 173 UCO BANK DOCUMENTATION MANUAL CHAPTER-8 (C) Current Balance in Provident Fund (Employees Share) Rs. ........................... (D) Details of any other monetary benefit or Perquisite given by employer may be indicated here : (E) (i) Is the applicant occupying accommodation provided by the Company : Yes / No (ii) If yes, will the benefit continue after the applicant acquires his own accommodation : Yes / No (F) Indicate whether the company will remit the monthly salary regularly to the Bank for crediting applicants (Loanee) Savings Bank Account maintained with the Bank : Yes / No .............................................................. (Signature of the Employer with Stamp) Phone : Date : Address of the Employer ............................................................................................................ ............................................................................................................ ............................................................................................................ Appendix-XXIV (Contd.) 174 CHAPTER-9 SCHEME FOR FINANCING REAL ESTATE PROMOTERS/DEVELOPERS General : Bank is further extending credit to Real Estate Promoters/Developers under its scheme for financing Real Estate Promoters/Developers. Under the above scheme, apart from other usual documents, the following two documents are required to be taken by the Bank, viz., a) Agreement for Cash Credit to be entered into between the Borrower/ Developers and the Bank; b) A Tripartite Agreement to be entered into between the Borrower/ Developer, the Intending purchaser and the Bank. UCO BANK DOCUMENTATION MANUAL CHAPTER-9 175 ANNEXURE-1 THIS .................................... DAY OF..................... 200 BETWEEN ....................................................... BORROWER AND UCO BANK AGREEMENT FOR CASH CREDIT UNDER SCHEME FOR FINANCING REAL ESTATE PROMOTERS/DEVELOPERS. UCO BANK DOCUMENTATION MANUAL CHAPTER-9 176 AGREEMENT : THIS AGREEMENT is made at Kolkata this ................................... day of ............................. Two Thousand ................................... between ..................................................................................... ........................................................................................... a public/private company within the meaning of Companies Act, 1956 and having its Registered office at ........................................ ........................................................................................................ (hereinafter called the Borrower which term or expression shall unless excluded by or repugnant to the subject or context be deemed to mean and i ncl ude i ts successors and assi gns) or ........................................................................................................................ son of residing at ........................................................................................................................................................... .............................................................................., ................................................................., son of ........................................................................................... residing at ....................................... son of ............................................................ residing at .................................................................. all carrying on business in Co-partnership under the name and style of (hereinafter collectively called the Borrower which term or expression shall unless excluded by or repugnant to the subject or context be deemed to mean and include the heirs, executors, administrators and legal representatives each of the partners and also the partner or partners for the time being of the said firm) or ..................................................................................................................... son of ................................................................. residing at ................................................................. and carrying on business as the sole proprietor of ................................................................. (which term or expression shall unless excluded by or repugnant to the subject or context be deemed to mean and include his/her heirs, executors, administrators and legal representatives) of the ONE PART AND UCO BANK [formerly known as United Commercial Bank] a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 as amended by Section 10 (1) of the Banking Laws (Amendment) act, 1985 and having its Head Office at 10, Biplabi Trailokya Maharaj Sarani, Kolkata-700 001 [formerly known as Brabourne Road, Kolkata700 001] (hereinafter called the Bank which term or expression shall unless excluded by or repugnant to the subject or context be deemed to mean and include its successors and assigns) of the OTHER PART. WHEREAS 1. The Borrower is, inter alia, engaged in the business of development in land, building and other immovable properties and to sell, dispose of and deal with the same. UCO BANK DOCUMENTATION MANUAL CHAPTER-9 Annexure-1 (Contd.) 177 2. The Borrower has taken up a project for construction of building and/or buildings comprised of various houses/flats/apartments/units to be used for residential (and/or commercial) purpose for sale at ................................................................. and has approached the Bank for financial assistance to enable the Borrower to implement the said project and at the request of the Borrower and its/their/his Guarantor(s) namely .......................................) (hereinafter called the Guarantor(s) ) the Bank has granted and/or agreed to grant to the Borrower financial assistance in the form of cash credit to the extent of Rs. .......................... lacs under the Banks Scheme for Financing Real Estate Promoters/Developers to meet part of the expenditure of the Borrower on the said project subject to the terms and conditions contained in the Banks sanction letter Ref. .............................................................................. dated ....................................... (hereinafter called the Banks Sanction Letter) a true copy whereof is annexed hereto and marked with the letter A and also on the terms and conditions hereinafter appearing. NOW THIS AGREEMENT WITNESSETH and it is hereby agreed and declared by and between the Parties hereto as follows:- ARTICLE-I 1.1. INTERPRETATION: This Agreement shall become binding on the borrower and on the Bank on and from the date first hereinabove written which is hereinafter referred to as the Date of Agreement. 1.2. DEFINITIONS: In this Agreement unless the context shall otherwise require : Proj ect means the Borrowers scheme for the devel opment of the l and at .............................................................................. and construction of the building/ buildings thereon comprising of various houses/flats/apartments/units to be used for residential and/or commercial purpose for sale more fully described in the first schedule hereinafter written. 1.3. SECURITY : Security shall mean and include the securities to be furnished and/or created by the UCO BANK DOCUMENTATION MANUAL CHAPTER-9 Annexure-1 (Contd.) 178 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 Borrower in favour of the Bank hereinafter mentioned to secure the said cash credit facility granted and/or agreed to be granted by the Bank to the Borrower. The marginal notes and catch words hereunder are for the purpose of more convenient reference only and shall not in any way control or affect or be regarded in the interpretation of the provisions of this Agreement. ARTICLE - II 2.1. LIMIT AND THE TERMS OF CASH CREDIT FACILITY : (1) The Borrowers application dated .......................... and the subsequent correspondence with the Bank (hereinafter collectively called the Borrowers proposal) shall be deemed to constitute the basis of this Agreement and of the Cash Credit Facility as hereinafter stated and the Borrower hereby warrants the correctness of each and every statement and particulars therein contained and undertakes to carry out the Borrowers proposal therein set forth. (2) The Borrower declares and confirms that the said Cash Credit Facility shall be governed by the terms and conditions as set out in the Banks sanction letter as also by the terms and conditions hereunder contained as well as those embodied in the relative security documents. (3) The Borrower undertakes to notify in writing to the Bank of any circumstances affecting the correctness of any of the terms set forth in the Borrowers proposal immediately on the happening of occurrence of any such circumstances. (4) The Borrower has been sanctioned Cash Credit Facility to the extent of Rs. .......................... lacs under the Banks Scheme for Financing Real Estate Promoters/Developers for meeting a part of the expenditure of the Borrowers project on the terms and conditions set out herein and such other conditions as may be stipulated by the Bank from time to time. (5) The Borrower has agreed to open a Cash credit Account at any branch of the Bank as may be intimated to it by the Bank for operating the said cash credit Facility and the Borrower shall conform to the requirement of the Bank. (6) The said Cash Credit Facility shall be drawn in phases as may be decided by the Bank after taking into account the progress of the construction on receipt of progress of work certified by the Architect/Chartered Engineers. Annexure-1 (Contd.) 179 (7) The Promoter/Borrowers contribution is to be brought first and utilised in the project and the Bank loan be disbursed thereafter. 2.2. INTEREST: (1) Interest shall be charged on the outstanding in the Cash credit Account at the rate of (............. % ) over the Banks Prime Lending Rate with a minimum of ..........% per annum plus interest tax at the rate as in force from time to time payable and/or to become payable by the Borrower PROVIDED HOWEVER, the Bank shall at any time and from time to time be entitled to change the rate and terms of interest and may thereafter charge interest at such rate and on such terms as the Bank may specify and this Agreement shall be constituted as if such revised rate and terms of interest were incorporated herein PROVIDED FURTHER HOWEVER the Bank shall also be entitled to charge at its discretion such enhanced rate of interest on the Cash Credit Account either on the entire outstanding or on a portion thereof as the Bank may fit for any irregularity and for such period, as the irregularity continues or for such time as the Bank deem it necessary regard being on to be nature of irregularity and charging of such enhanced rate of interest shall be without prejudice to the other rights and remedies of the Bank. 2.3. COMPUTATION OF INTEREST ETC. (1) The interest, additional interest, compound interest shall be calculated on the daily balance of such Cash Credit Account and be debited thereto on the last working day of the month or quarter according to the practice of the Bank. 2.4. REPAYMENT: The Borrower hereby covenants with the Bank that the Borrower shall repay the said Cash Credit Facility to the Bank forthwith on demand of all such amounts as may be standing at the foot of the said Cash Credit Account together with interest, compound interest, additional interest, liquidated damages, costs, charges, expenses, fees and other moneys charged/chargeable thereon at the rate or rates as may be debited and/or applicable thereto. Failure of the Borrower to repay shall entail in the Borrower being treated as a defaulter and the amount due as in default invoking provisions as to defaults as hereinafter stated. 2.5. Appropriation of Payment: The Borrower hereby agrees, declares, affirms and confirms that notwithstanding any UCO BANK DOCUMENTATION MANUAL CHAPTER-9 Annexure-1 (Contd.) 180 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 of the provisions of the Contract Act or and other law or any norms and conditions to the contrary contained in this Agreement and/or security document any payment made by the borrower to the Bank shall unless otherwise agreed by the Bank may be appropriated by the Bank in the manner following :- (i) first, towards costs, charges, expenses and other moneys due and payable or becoming due and payable to the Bank. (ii) Secondly, towards interest due and payable and/or accruing due and payable to the Bank. (iii) Lastly, towards repayment of the amount of any instalment(s) of principal sums due and payable or to be due and payable to the Bank. All the aforesaid amounts having become due and payable and/or becoming due and payable by the Borrower to the Bank under this Agreement and/or under any of the security document executed between the Borrower and the Bank whether the recovery thereof has or has not become barred by any law in force for the time being as to the limitation of the suits. 2.6. PURPOSE OF CREDIT FACILITY: (1) The borrower agrees with the Bank that the said Cash Credit Facility shall be utilised by the Borrower for meeting expenditure of the Borrowers Project and not for any other purpose. (2) If for any reason, the Borrower finds itself/himself unable to comply with the above requirements it shall immediately inform the Bank in writing of the same and the reason for the same. (3) The Borrower shall not, except with the prior approval in writing of the Bank utilise any part of the said Cash credit Account/Facility or the sales realisation out of the project for the purpose other than that referred to in 2.6. (1) above. ARTICLE - III 3.1. SECURITY : The Borrower agrees that the said Cash credit Facility together with interest, compound interest, additional interest, liquidated damages, costs, charges fees and expenses and Annexure-1 (Contd.) 181 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 other moneys payable in respect thereof will be secured and/or continued to be secured in favour of the Bank by (a) a first charge by way of hypothecation of the Borrowers present and future stocks of construction materials such as steel, cement, sheet piles, lose tools etc. and Bills Receivables and Book Debts and all other movables of the Borrower both present and future excluding such movables as may be permitted by the Bank from time to time. (b) a mortgage as and by way of first charge over and in respect of the Borrowers immovable properties, situated at ............................................ morefully described in the second schedule hereunder written including all trees, shrubs, buildings, structures constructions and/or erections thereon both present and future in a form and manner acceptable to the Bank. (c) Personal guarantee of : (i) ................................................................... (ii) ................................................................... (iii) ................................................................... 3.2. CREATION OF ADDITIONAL SECURITY: If at any time during the continuation of this Agreement the Bank is of the opinion that the security margin of the Borrower has become inadequate to cover the balance of the cash Credit Facilities then outstanding, on the Banks advising to the Borrower to that effect the Borrower shall provide and furnish to the Bank to the satisfaction of the Bank such additional security as may be acceptable to the Bank to cover such deficiency. 3.3. MARGIN : The Borrower shall maintain such security margin as may be stipulated by the Bank from time to time. The Borrower shall at all times maintain a sufficient quantity of the security to provide the Assets cover as may be required by the Bank at its discretion and in the event of the any deficiency in such cover forthwith whenever called upon provide to the Bank additional security to restore such Assets Cover to the original level or pay to the Bank the equivalent in cash in the event of additional security not being available. Annexure-1 (Contd.) 182 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 ARTICLE-IV 4. THE BORROWERS REPRESENTATION AND/OR COVENANTS: The Borrower hereby warrants and undertakes that: (a) The immovable properties and movable properties proposed to be mortgaged and/ or charged in favour of the Bank as security for the said Cash Credit Facility are the absolute properties of the Borrower and at the sole disposal of the Borrower and free from any charges or encumbrances. (b) The Borrower is not a party to any litigation of a material character and that the Borrower is not aware of any fact likely to give rise to any litigation or to material claims against the borrower. (c) The Borrower has not been served with any notice infringing any provision of law; (d) The borrower has made all necessary arrangement and obtained the necessary approval for furnishing the security to secure the said Cash Credit Facility; (e) The Borrower is not aware of any material defects in title in respect of the properties to be mortgaged and/or charged to the Bank or any scheme of public nature affecting the same. (f) No suit is pending in any court nor has the notice of any acquisition and/or requisition, charge and/or claim or proceedings being received in respect of the properties to be charged to the Bank. (g) The Borrowers has not and shall not enter into any agreement with any person which shall affect, prejudice or derogate in any manner the rights, powers or liabilities given to the Bank under this Agreement or otherwise in relation to the project or the cash credit arrangement. ARTICLE - V 5. CONDITIONS TO BE FULFILLED BY THE BORROWER PRIOR TO THE DISBURSEMENT OF THE CASH CREDIT FACILITY. (a) The Bank shall have the right to require the borrower to furnish and/or arrange for furnishing securities as specified in Article-III herein, to secure the said Cash Annexure-1 (Contd.) 183 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 Credit Facility and all moneys payable there under and the Borrower shall ensure that necessary provisions of the applicable laws for the time being in force in India are complied with. (b) The borrower shall also provide and furnish to the Bank such other security or securities as may be required by the Bank to additionally secure the said Cash Credit Facility and all monies payable thereunder. (c) The disbursement of the Cash Credit Facility or any part thereof shall be subject to the security margin as specified in Clause 3.3 under Article-III above. (d) The Borrower shall make out a good and marketable title to its properties to the satisfaction of the Bank and comply with all such formalities as may be necessary or required for the said purpose. (e) The Borrower shall supply such other data and informations about the project as may be required, subject however, to the Borrowers obligation to the third party as to secrecy. ARTICLE-VI 6.1. The Borrower hereby agrees with the Bank as follows :- (a) The Borrower shall furnish the following informations in the format as may be prescribed by the Bank : (i) details of the project inclusive of the cost of the project and means of finance and other details; (ii) profitability statement; (iii) annual Cash Budget for the duration of the cash credit facility showing monthly/quarterly cash inflows of the specific project alongwith repayment schedule; (iv) audited financial statements for the last three years, the current years estimate and projections for next three years or till the completion of the Project. (v) Original Title Deed of the land, detailed estimate of the proposed construction from a Chartered Engineers/ Architect / permission from the competent Annexure-1 (Contd.) 184 authority of the property in case it is falling under Urban (Land Ceiling & Regulation Act, 1976); (vi) Documents like non-encumbrance certificate, certified copy of Revenue Settlement Parchas, current paid up Municipal tax receipts, Lawyers opinion on perfect and marketable title, sanctioned plan etc; (b) The Borrower agrees that the drawings in the cash credit will be allowed within the advance value of the securities and the Borrower agrees that it will not draw any amount in excess of the value of the Securities offered and in case of any excess drawal to regularise the accounts forthwith or within such period as may be stipulated by the Bank in its absolute discretion and during the period of such irregularity the Borrower shall be charged a higher rate of 2(two) percentage points above the rate or rates prescribed of interest abovementioned till such irregularity is fully adjusted to the satisfaction of the bank. Further all rights, benefits and powers exercisable and available to such excess drawals as well. The Borrower also agrees that though the nature of credit facility will be in the form of Cash credit; cheque books will not be issued. Debits will be allowed, after tieing up, end use and amount will be credited to a current account on the basis of a request letter for cash debit. The drawal from the current account can be by way of issuance of cheques. Wherever possible, direct payment to suppliers of Cement, Steel, machinaries will be made by debiting the Cash Credit account. (c) The Bank shall have the right to examine at all times the Borrowers Books of account and to have the Borrowers Project site, warehouses, godowns or any other places where the construction materials and/or immovable properties are located and/or situated, inspected from time to time by the official (s) of the Bank or anyone or more of them and/or qualified auditors and/or technical experts and/ or management consultants of the choice of the Bank, the cost of such inspection being borne by the borrower. (d) The Borrower shall allow the Bank or its authorised agents to take inspection of all records of the Borrower and will Produce such evidence as the Bank may require as to the costs in respect of its operations and it shall be lawful for the Bank at any time and from time to time during the currency of the said Cash Credit facility to appoint and employ at the expense of the Borrower in all respects and either temporarily or for such period as the Bank shall think fit, a person or persons, a firm or a company to inspect and value on behalf of the Bank all or UCO BANK DOCUMENTATION MANUAL CHAPTER-9 Annexure-1 (Contd.) 185 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 any of the said Books of Account or Plant of the Borrower and the Borrower shall pay to the Bank on demand the fees or other remuneration payable to any such person, firm or company of the costs, charges and expenses of and incidental to such valuation (the Banks Statements being conclusive in that behalf) and in default, the Bank shall be at liberty to debit the amount thereof to the said Cash credit Account or in the Banks books and thereafter the same together with interest thereon shall be treated as advances made by the Bank until repayment thereof; (e) The Borrower shall pay or cause to be paid, all rents, rates, taxes, payments and outgoings that are payable in respect of the immovable properties proposed to be mortgaged in favour of the Borrower; (f) The Borrower shall furnish and verify all statements, reports, returns, certificates and information from time to time as required by the Bank in connection with the operations of the Borrower and shall give and execute all such documents as are required by the bank as in its opinion is necessary to give effect to the security agreed to be created and if the Borrower shall fail to do so within thirty days of demand in writing by the Bank or the Bank may execute such documents for and on behalf of the Borrower in favour of the Bank for the said purpose, by virtue of the power in this regard as hereinafter mentioned given by the Borrower to the Bank; (g) So long as the said Cash Credit Account continue in the Books of the Bank in respect of the said Cash credit facility, the Borrower shall not avail of any credit facility or accommodation from any other Bank or financial institution or any person, firm or company in any manner without the previous permission in writing of the Bank nor shall deal with or through any other Bank or financial institution without having obtained in this behalf the prior written approval of the Bank; (h) The Borrower undertakes not to repay any unsecured loans raised if any, during the currency of the Bank loan and to procure additional funds at the appropriate time and on terms acceptable to the Bank, to meet any shortfall that may arise in cash accruals or for meeting overrun, if any, in financing the Project of the Borrower. The Borrower agrees that such funds will not be withdrawn without the prior approval of the Bank during the currency of the cash credit facility; (i) During the currency of the said cash credit facility the Borrower shall not without obtaining the prior consent in writing of the Bank declare any dividend on the Annexure-1 (Contd.) 186 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 share capital, if it fails to meet its obligations to pay the interest and/or commission and/or instalment or instalments and/or other moneys payable to the Bank, so long as it is in such default; (j) The Borrower shall appoint suitable technical personnel for completion of the project; (k) The Borrower shall satisfy the Bank that it has received all the licenses and permits required for carrying out the project and they are in full force and effect; (I) The Borrower shall satisfy the Bank that it has received all the licenses and permits required for carrying out the project detailing therein the sources and disposition of funds. The Borrower shall also promptly furnish to the Bank all other informations as may reasonably be required from time to time; (m) The Borrower shall obtain pollution control clearances, where necessary, from the requisite Authorities in respect of its carrying on its project to the satisfaction of the Bank. 6.2. During the currency of the said Cash credit facility, the Borrower shall not, without the prior permission in writing of the Bank- i) effect any change in the Borrowers capital structure; ii) formulate any Scheme of Amalgamation or Reconstruction; iii) implement any scheme of Expansion/Diversificafion/Modernisation other than incurring routine capital expenditure; iv) make any corporate investments or investment by way of share capital or debentures or land or advance funds to or place deposits with, any other concern except give normal course of business or make advances to employees : Provided that the Borrower may make such investments by way of deposits or advances that are required statutorily to be made as per the existing laws of the country or the rules or regulations or guidelines issued from time to time by the Authorities concerned; v) undertake guarantee obligations on behalf of any third party or any other company; vi) create any further charge, lien or encumbrance over the assets and properties of the Borrower to be charged to the Bank in favour of any other Banks, Financial Institutions, Company, firm or person save and except as aforesaid; Annexure-1 (Contd.) 187 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 vii) sell assign mortgage or otherwise dispose house/flat/apartment/unit charged to the bank; 6.3. (a) The Borrower agrees that its entire banking business, including deferred payment facilities, foreign exchange, deposits and bill business if any will be confined to the Bank only; (b) The Borrower hereby declares and confirms that the Borrower has the necessary and sufficient authority to borrow from the Bank; (c) The Borrower agrees that the moneys brought in by the principal shareholders/ directors/partners/ depositors/other associate firms/group companies for financing the project will not be allowed to be withdrawn, during the currency of the said cash credit facilities, without the permission of the bank; (d) The Borrower agrees that it will maintain adequate Books of Accounts which would correctly reflect its financial position and scale of operations and would not radically change the Accounting System without prior notice to the Bank (e) The Borrower agrees that it will submit to the Bank, if so required, such financial and/or other statements as may be required by the bank from time to time, apart from the set of such statements to be furnished by the Borrower to the Bank as on the date of publication of the Borrowers Annual Accounts; (f) The Borrower agrees that it shall keep the Bank informed of the happening of any event likely to have a substantial effect on its profit or business or project; (g) The Borrower agrees that all other terms and conditions and covenants stipulated or which may be stipulated by the bank from time to time as applicable to the said Cash Credit facility shall be construed and treated as if the same have been incorporated herein in extensor. 6.4. The borrower hereby further agrees and undertakes that - a) The house/flat/Apartment/Unit pertaining to the Borrowers Project will be sold to the intending purchasers at the predetermined prices only to avoid speculation. On completion of the project, the house/flat/apartment/unit will be sold on outright sale basis to the intending purchasers who may also avail of the loans from the bank. b) Subject to the compliance of the statutory formalities, possession of any Flat/ Annexure-1 (Contd.) 188 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 Apartment and/or Unit shall be handed over to the intending purchaser only after full payment is received by the Bank in respect of such house/Flat/ Apartment/ Unit from the intending purchasers and thereupon the Borrower may execute a Deed of Conveyance in favour of the intending purchaser. The Borrower shall cause the intending purchaser of the Flat/Apartment/Unit to pay the instalments of the consideration amount of the house/flat/Apartment/Unit to the Bank directly and the cheque shall be issued as pay to UCO Bank - name of the Borrower or any other form and manner as may be prescribed by the Bank. c) The Borrower shall also during the currency of the loan display a board on the Project site stating that the property is mortgaged in favour of the Bank and any transfer of the property or any part thereof including .the Flat/Apartment/Unit constructed thereon shall be valid only if the bank gives consent in writing. Similarly, all brochures and leaflets published by the Borrower for the intending purchasers and also in the Agreement for Sale proposed to be entered into between the Borrower and the intending purchaser of the house/flat/apartment/ unit, it should be made clear that the property is mortgaged in favour of the Bank and transfer will be effected only with the Banks consent and payment will be valid only if the cheque is made in favour of UCO Banks account and payment also made directly to UCO Bank. d) The Borrower shall also cause the intending purchasers to enter into a Tripartite Agreement to be made between the Borrower, intending purchasers and the Bank in the manner as may be prescribed by the Bank so that the intending purchasers shall be liable to make payment directly to the Bank towards repayment of the consideration amount of the concerned house/flat/apartment/unit proposed to be purchased. e) The sale proceeds of the house/flat/apartment/unit of the project financed by the Bank should be utilised to adjust the cash credit facility provided by the Bank and the same shall not be utilised to finance other project by the Borrower. f) The Borrower shall also execute a Demand Promissory Note in favour of the Bank covering the cash credit limit in the format and manner as may be prescribed by the Bank. g) The Borrower shall also execute a Power of Attorney in favour of the Bank for execution and registration of legal mortgage and/or to execute Annexure-1 (Contd.) 189 ARTICLE-VII 7.1. EVENTS OF DEFAULT AND REMEDY OF THE BANK : If the Borrower shall fail to repay the cash credit facility or pay interest or any portion thereof in terms of this Agreement or shall commit any breach of any covenant to be observed or performed on its part therein contained and on the failure of the Borrower to remedy the same forthwith or if any circumstances shall occur which in the opinion of the Bank is prejudicial to or imperils the security of the Bank or if any distress or execution is levied or enforced against any property or assets whatsoever of the borrower or if any person, firm or company shall take any steps towards applying for on obtaining an order for the appointment of a receiver of any property or assets whatsoever of the Borrower and a Receiver is appointed or the Borrower makes compromises with its creditors or the Borrower shall suspend or cease to carry on business or fail to conduct its business to the satisfaction of the Bank or a petition for winding up and/or insolvency is presented against the Borrower or the Borrower proposes any amalgamation/mergers or spin off without Banks prior written consent then and in any such case (the decision of the Bank that the aforesaid events or circumstances have occurred shall be final conclusive and binding on the Borrower), the entire amount standing at the foot of the cash credit account with the Bank together with interest, costs, charges, expenses and other moneys payable in respect thereof shall forthwith become at the option of the Bank payable at once. 7.2. The borrower further agrees as a pre-condition of the loan/advances given by the bank that if they commit default in the payment of the loan/advances, or in the repayment of interest or any of the agreed instalment of the loan on due dates, the bank and or the Reserve Bank of India will have an unqualified right to disclose and/or publish the name of the borrower its Directors/partners/proprietors as defaulter in such manner and through such medium as the Bank or Reserve Bank of India in their absolute discretion may think fit. 7.3. INSURANCE (a) All the assets hypothecated or otherwise charged to the Bank as security for the Cash Credit Facilities and also all immovable properties given/to be given as security for the said Cash credit facility as may be required by the Bank shall be kept at the Borrowers risk and expenses in good condition and fully insured against loss or damage as may be required by the Bank due to any reason UCO BANK DOCUMENTATION MANUAL CHAPTER-9 Annexure-1 (Contd.) 190 whatsoever against fire and/or such other risk(s) as the Bank(s) may from time to time stipulate in the joint names of the Borrower and the Bank with an insurance company approved by the Bank and for such amount as the Bank may consider necessary and that the insurance policies shall be delivered to the Bank when required by the Bank to do so. If the Borrower fails to effect such insurance the Bank may, but without being obliged to do so, insure the said assets and immovable properties against fire and/or such risk(s) in such joint names and debit the premium and other charges to the said Cash Credit account of the Borrower opened or to be opened and in the event of the Bank being at any time apprehensive that the safety of the assets and properties is likely to be endangered owing to riot and/or strike (including fire arising therefrom) and/or floods, earthquakes, lightning, typhoon, storm, tempest and/or also resulting in the loss of production therefrom the Bank may at its discretion but without being bound to do so insure or require the Borrower to insure the same in such joint names against any damage arising therefrom the cost of such extra insurance being payable by the borrower and be debited to the said cash credit account. If the Bank desires that the movable assets shall be insured against theft, the borrower shall provide the necessary cover therefor. The Borrower shall provide if the Bank so direct to sufficient insurance cover against loss on damage by fire, lighting and flood to the immovable properties pertaining to the borrower a Project agreed to be mortgaged and/or charged in favour of the Bank. The Borrower further expressly agrees that the Bank shall be entitled to adjust, settle, compromise or refer to arbitration any dispute arising under or in connection with any insurance and such adjustment, settlement, compromise and any award made on such arbitration shall be valid and binding on the Borrower and also receive all monies payable under any such insurance or under any claim made thereunder and to give a valid receipt therefor, and that the amount so received shall be credited to the Borrowers account and the Borrower shall not raise any question that a large sum might or ought to have been received or be entitled to dispute its liability for the balance remaining due on any account or accounts after such credit Provided that the Bank may at its own absolute and unqualified discretion waive all or any of these requirements. (b) If any proceeds of any Policy of Insurance are received by the Borrower, it shall forthwith pay the same to the Bank for being applied in the manner hereinafter Provided (and so long as the same are not paid to the Bank, the Borrower will hold the proceeds on behalf of and as trustees of the Bank that is to say, in UCO BANK DOCUMENTATION MANUAL CHAPTER-9 Annexure-1 (Contd.) 191 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 equal to the some outstanding on the said cash credit account at the time of payment and shall keep alive and maintain such insurance throughout the continuance of the security and deliver to the Bank the renewal receipts. In default the Bank may (but shall not be bound to) keep in good condition and render marketable the said properties or effects or renew such insurance. Any premium paid by the Bank or and any costs, charges and expenses incurred by the Bank for the purposes aforesaid shall be repaid by the Borrower on demand forthwith and shall until repayment (with interest at the rate as mentioned above) be and form part of the amount secured as aforesaid. All sums received under such insurance shall be applied in or towards liquidation of the amount for the time being due to the Bank on account of the said cash credit facility. 7.4 The Borrower agrees that pending seizure by the Bank on the properties and any documents therefor, any insurance money received by the Borrower shall be held by the Borrower as the exclusive property of the Bank subject to the rights of the said Bank specifically appropriated to the security and the Borrower will not without the written consent of the Bank first had and obtained make or suffer nor attempt to make or suffer any mortgage, charge, lien or encumbrances to affect the same on any part thereof nor do or allow anything which may prejudice the security hereby created or agreed to be created nor create any security whatsoever save as approved by the bank. 7.5. LIEN OF THE BANK Bank shall have a lien and/or right of set off on all securities and monies whatsoever of the Borrower held in any capacity howsoever and may appropriate or realise them irrespective of its maturity date. Nothing herein contained shall prejudice or affect any general or special lien to which the Bank or may be by law or otherwise entitled or any rights or remedies of the Bank in respect of any present or future security, guarantee, obligation or decree for any other indebtedness or liability of the Borrower to the Bank or shall preclude the Bank from enforcing on having recourse to the security without enforcing or having recourse in the first instance to any other security held by the bank from the borrower and the bank shall be entitled to sue on any such . securities without being bound to sue on all such securities. Annexure-1 (Contd.) 192 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 ARTICLE-VIII 8. GENERAL a) No delay in exercising or omission to exercise any right, power or remedy accruing to the Bank upon default under this Agreement, or in any other document shall impair any such right, power or remedy or shall be construed to be a waiver thereof or any acquiescence in any default, effect or impair any right, power or remedy in respect thereof or any other default. b) Any Notice or request required or permitted to be given or made under this Agreement shall be in writing. Such notice or request shall be deemed to have been duly given or made when it shall be delivered by hand or despatched to registered post or telegram or telex to the party to which it is required or permitted to be given or made at such partys address designated by it in writing. ARTICLE-IX 9. CURRENCY OF THIS AGREEMENT This Agreement shall be in force till all the monies due and payable under this Agreement are fully paid. ARTICLE-X 10. POWER CONFERRED BY THE BORROWER IN FAVOUR OF THE BANK For all or any of the purposes aforesaid, the borrower irrevocably constitutes and appoints the Bank to be Borrowers true and lawful attorney to do and execute for and in the name and on behalf of the Borrower, all or any of the following acts, deeds and things at Banks option that to say; a) To take and carry on the business of the Borrower and complete any engagements and contracts, in case the Borrower abandons the project halfway through and does not takes steps to get it completed; b) To sign, register, file and application forms, contracts, agreements, transfers, acceptance receipts, acquaintances, returns and any other documents and to sign and endorse all cheques, promissory notes, bills of exchanges, bills of lading, dividend mandates or other orders for payment of money or delivery of property; Annexure-1 (Contd.) 193 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 c) To sell, transfer. assign or deal with any immovable and movable properties mortgaged and/or charged in favour of the bank; d) To demand and receive all debts, sums of money, principal money, dividends, interest and dues of whatever nature; e) To appoint selling agents; f) To sell and realise all the assets whether movable or immovable including the goodwill of the business; g) To appoint Architectures, Engineers, Contractors for completion of the construction Building or Buildings if the Borrower fails to do so or abandons the same; h) To sell the houses/flats/apartments/units and to enter into agreements with intending purchasers of such houses/flats/apartments/units and to receive any amount or amounts as consideration or part of consideration amounts as may be required if the borrower fails to sell the houses/flats/apartments/units or abandons the project or for any other sufficient reason in the opinion of the Bank. i) To appropriate any such amount deposited/paid by the intending purchaser directly to the Bank towards the liquidation of the Banks dues. j) If considered proper, to wind up and/or dissolve the Borrowers business; k) To tender contract of purchase, accept and sign the transfer into the name of the Borrower of any securities, shares, stocks, debentures, funds or any other securities, to apply for and accept allotment of any shares and securities and to sell, endorse, negotiate, transfer and assign any securities which do now or shall hereafter stand in the name of the Borrower or to which the Borrower is now or may at any time hereafter be entitled to demand, receive and collect interest and dividend due or to accrue due on any such securities, shares, stocks, debentures, funds other securities and apply the proceeds of such sale, endorsement, transfer, negotiation and assignment and the recovery of any interest and dividend in satisfaction of any monies due by the Borrower to the bank and to endorse and transfer all or any such securities, shares, stocks, debentures, funds and other securities which may from time to time or at any time be in the possession of the Bank whether for safe custody or otherwise or held by the Bank as security for, any money payable to the Bank by the Borrower in respect of any account or general balance or account or otherwise; Annexure-1 (Contd.) 194 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 I) To appoint a proxy or proxies for the purpose of representing the Borrower and voting in meeting or meetings of any company or corporation in which the borrower holds any shares, debentures, stocks etc. m) To deal with the assessment of the Borrower in respect of Income Tax, super tax, wealth tax, gift tax, expenditure tax, capital gains tax and any other taxes on income revenue or capital and levy of customs and/or excise duties and to apply for and to receive refunds of any such tax or taxes or levy or levies; n) To attend and represent the Borrower before any authority or a tribunal and for that purpose to sign, execute and deliver all such documents and make all such declarations as may be necessary; o) Generally to act in the premises as fully and effectually with all intents and purposes to do all things as are necessary and which the Borrower would do if personally present; p) (i) for all and any of the purpose, aforesaid to appoint substitute or substitutes; (ii) The Borrower hereby ratifies and confirms all the acts things deeds performed or to be performed by the Bank or its respective nominees or substitutes in pursuance of any of the aforesaid powers and the powers hereby conferred shall not be determined or affected by the fact of the Borrower acting personally or through another in the premises; (iii) the powers vested in the said Bank shall be irrevocable and subsist in favour of the Bank till all the dues of the Borrower to the Bank are fully satisfied. (iv) The aforesaid powers under this clause may be exercised by the Bank in its sole discretion but the exercise of the powers is not obligatory on the Bank. Annexure-1 (Contd.) 195 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 IN WITNESS WHEREOF the parties hereto have executed these presents and a duplicate thereof on the day month and year first hereinabove written. THE COMMON SEAL of the abovenamed Borrower .......................................................................................... Hereunto been affixed pursuant to the Resolutions passed at the meeting of its Board of Directors held on the ................................................... day of ................................................. 200 .............. in the presence of Mr ........................................................................... Director And Mr. ........................................................................... Authorised signatory who have executed these presents in token their presence in the presence of :- Or SIGNED AND DELIVERED by the Partners of the abovenamed Borrower in the Presence of :- Or SIGNED AND DELIVERED by the abovenamed Borrower in the Presence of : Or SIGNED AND DELIVERED for and on Behalf of UCO BANK by Mr. ................................................................................................. its ...................................................................... a duly authorised officer in the presence of : THE FIRST SCHEDULE ABOVE REFERRED TO: (Details of the Borrowers project for construction of Building and/ or Buildings comprising of Flats/Apartments/Units for sale to be set out here). THE SECOND SCHEDULE ABOVE REFERRED TO: (The immovable property or properties pertaining to the Project and to be mortgaged in favour of the Bank to be set out here). Annexure-1 (Contd.) 196 ANNEXURE-2 A TRIPARTITE AGREEMENT TO BE ENTERED INTO BETWEEN THE BORROWER/DEVELOPER, THE INTENDING PURCHASER AND THE BANK THIS AGREEMENT is made at Calcutta this ......................................... Day of ............................ Two Thousand .......................... BETWEEN ................................................................................. ......................................, a public/private company within the meaning of Companies Act, 1956 and having its Registered Office at ........................................................................................ (hereinafter called the Borrower-Developer which term of expression shall unless excluded by or repugnant to the subject or context be deemed to mean and include its successors and assigns) ............................................................................................................................... son of ....................................................................................... residing at .......................................... ............................................................................................................, .......................................... ............................................................................................................................................. residing at ................................................................................................................................................... all carrying on business in co-partnership under the name and title of ................................... ................................................................................... (hereinafter called the Borrower-Developer which term or expression shall unless excluded by or repugnant to the subject or context be deemed to mean and include the heirs, executors, administrators and legal representatives of such of the partners and also the partner or partners for the time being or the said firm) or .................................................................. son of ................................................................... residing at ...................................................................................................................................... and carrying on business as the sole proprietor of ........................................................................ which terms or expression shall unless excluded to or repugnant to the subject or context be deemed to mean and include his heirs, executors, administrators and legal representative of the FIRST PART ........................................................................................... Son/wife of ............................................................................ Residing at ........................................................... (hereinafter called the intended Purchaser which term or expression unless excluded by or repugnant to the context be deemed to mean and include his/her heirs, executors, administrators and legal representatives) of the SECOND PART AND UCO BANK formerly known as United Commercial Bank, a body corporate constituted under the Banking Companies Acquisition and Transfer of Undertakings Act, 1970 as amended by Section 10(i) of the Banking Laws (Amendment) Act 1985 and having its Head Office at 10, Biplabi Trailokya Maharaj Sarani, Calcutta-700001 and a Branch Office at ........................................................... UCO BANK DOCUMENTATION MANUAL CHAPTER-9 197 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 (hereinafter called the Bank which term or expression shall unless excluded to or repugnant to the subject or context be deemed to mean and include its successors and assigns) of the THIRD PART. WHEREAS 1. The Borrower-Developer is, inter alia, engaged in the business of development in land building and other immovable properties and to sell, dispose of and deal with the same. 2. The borrower-developer has taken up a project for construction of building comprising of various houses/flats/units/apartments to be used for residential and or commercial purpose for sale at .................................................................., hereinafter called the Project and has approached the bank for financial assistance to enable the borrower- developer to implement the project. 3. At the request of the Borrower-Developer, the Bank has granted and/or agreed to grant to the Borrower-Developer financial assistance in the form of cash credit under the Banks Scheme for Financing real Estate, Promoters/Developers and accordingly an Agreement has been entered into between the Borrower-Developer and the Bank on the ........................................... day of .......................... 200 ........... whereby the bank has granted and/or agreed to grant to the BorrowerDeveloper cash credit facilities / Term Loan to the extent of Rs. ............................... Lacs on the terms and conditions therein contained. The said agreement is hereinafter called the Facility / loan Agreement. 4. One of the conditions of the said Facility / Loan agreement is that the borrower- developer shall cause the intended purchaser of any houses/ flats/ units / apartments to make all payments towards the consideration amount of such houses / flats / units / apartments directly to the Bank by an account payee cheque and in terms of arrangement, upon receipt of the full consideration amount by the Bank in respect of each house / apartment / flat / unit in favour of the intended purchaser. 5. By an Agreement dated ........................ day of ..................... 20 ......... made between the borrower-developer and the intended purchaser (hereinafter called the Agreement for Sale) the Borrower-Developer has agreed to sell and the intended Purchaser. has agreed to purchase and or acquire from the Borrower-Developer house / flat / apartment / unit on the ............ floor of the building situated at ............................................................ Morefully and particularly described in the said agreement and also described in the schedule hereunder written at or for the price of Rs. ................................................ (Rupees .................................................................................... only) and the terms and conditions therein contained. Annexure-2 (Contd.) 198 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 6. To give effect to the aforesaid arrangement the bank now requires that a tripartite agreement being these presents should be entered into between borrower-developer, the intended purchaser and the Bank in the manner hereinafter appearing. NOW THIS AGREEMENT WITNESSETH and it is hereby agreed and declared by and between parties hereto as follows : (1) In consideration of the Bank having granted and/or agreed to grant to the Borrower- developer Financial assistance under the Facility Agreement for the Borrower-Developers said project including the house / flat / unit / apartment agreed to be sold to the Intended Purchaser as aforesaid, the Borrower-Developer hereby agrees and declares that all the amounts payable by the intended purchaser as and by way of consideration amount of the said house / flat / apartment / unit to the Borrower-developer whether under the Agreement for sale or otherwise entered into between the borrower-developer and the intended purchaser shall be paid by the intended purchaser directly to the bank which shall be adjusted and or appropriated pro rata by the Bank towards the liquidation of the Borrower-Developer to the Bank and notwithstanding anything to the contrary containing in agreement or in the agreement for sale, the payment as aforesaid directly made to the Bank by the intended purchaser shall give the valid discharge to the intended purchaser of his obligations to pay the consideration amount to the borrower- developer in terms of the agreement for sale as aforesaid. In consideration of the Bank having granted and/or agreed to grant financial assistance to the Borrower-developer for the project more particularly for construction of the building and or buildings comprising of various houses / flats / apartments / units at ...................................................... .......................................................... including the said houses / fla / apartmen / unit agreed to be purchased by the intended purchaser, the intended purchaser hereby agrees, undertakes and confirm as follows : (a) Notwithstanding anything to the contrary contained in the agreement for sale or otherwise the intended purchaser shall pay all the monies / instalments payable to the borrowerdeveloper as and by way of consideration amount under the Agreement for sale, directly to the bank and such payment shall be made by the intended purchaser to the Bank to an account payee cheque which should be drawn as Pay to the UCO Bank name of the borrower-Developer. (b) Nothing contained in the Agreement for Sale shall prejudice and or affect the rights or remedies of the Bank in respect of any present and future indebtedness or liability of the borrower-developer and/or the intended purchaser to the Bank or Annexure-2 (Contd.) 199 shall preclude the Bank from enforcing or having recourse to the security, if any furnished in the Borrower-Developer and/or its/their Guarantors and / or intended purchaser in favour of the Bank without enforcing or having recourse in the first instance to any other security held by the bank from the borrower-developer and/ or its/their Guarantors. (c) The Intended Purchaser agrees as a pre-condition of their agreement that if any default is committed by them in payment to the Bank of any instalment or otherwise, and/or the Reserve Bank of India will have an unqualified right to disclose or publish the name of the Intended Purchaser, a defaulter, in such medium as the Bank or Reserve Bank of India in their absolute discretion may think fit. (3) The Borrower-Developer hereby irrevocably authorises the intended Purchaser to pay and, or deposit, without reference to the Borrower-Developer all monies / instalments of the consideration amount payable by the Intended Purchaser to the Borrower- Developer under the Agreement for Sale or otherwise to the Bank directly. (4) The Borrower-Developer hereby further irrevocably constitutes and appoints the Bank as the Borrower-Developer a true and lawful attorney to do and execute for and on behalf of the borrower-developer all or any of the following acts deeds and things: a) to demand, recover and receive from the Intended Purchaser the entire consideration amount in respect the flat / apartment / unit proposed to be sold to the Intended Purchaser under the Agreement for Sale or otherwise and to give good receipt and valid discharges for the payment and all such monies now or hereafter to be due, owing and payable to or recoverable or receivable by the Borrower-Developer from the Intended Purchaser as and by way of consideration amount in respect of the flat / apartment / unit proposed to be sold to the Intended Purchaser. b) To demand sue for and take all steps including legal proceedings for enforcing payment of and receive the payment of all the amounts receivable by the BorrowerDeveloper from the Intended Purchaser as and by way of consideration amount of the house / flat / apartment / unit proposed to be sold by the Borrower- Developer to the Intended purchaser under the Agreement for sale or otherwise as aforesaid. c) To appropriate any such amount deposited/paid by the intended purchaser directly to the Bank towards protanto liquidation of the Borrower-Developers outstanding to the Bank. UCO BANK DOCUMENTATION MANUAL CHAPTER-9 Annexure-2 (Contd.) 200 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 d) To do or cause to be done for and on behalf of the borrower-developer all acts and things whatsoever, whether expression mentioned herein or not, which may seem to the Bank to be requisite or expedient to be done or cause to be done for the purposes as aforesaid. e) For all or any of the purposes as aforesaid to appoint substitute or substitutes. 5. The Borrower-Developer hereby ratifies and confirms all the acts, deeds and things, which are performed, or to be performed by the Bank as its/his attomey in pursuance of the aforesaid power and the powers hereby conferred shall not be determined or affected by the fact of the BorrowerDeveloper acting personally or through another in the premises. 6. The power vested in the Bank shall be irrevocable and subsist in favour of the Bank till all the dues of the Borrower-Developer to the Bank are fully liquidated and/or satisfied. 7. Both the Borrower-Developer and the intended Purchaser hereby further agrees, undertake, declare and confirm as follows : (a) Notwithstanding anything to the contrary contained in the Agreement for sale entered into between the Borrower-Developer and the Intended Purchaser, neither the Borrower-Developer nor the Intended Purchaser shall be entitled to terminate/ determine and/or discontinue the Agreement for Sale without the prior consent in writing of the Bank. The Borrower-Developer and the intended purchaser shall not also assign the benefit of the said agreement for sale to any person without the prior consent in writing of the Bank. (b) The Bank shall be at liberty to terminate this Agreement by giving 21 days notice in writing to the Borrower-Developer and the intended Purchaser without prejudice to the other rights and/or remedies which the Bank may have under these presents as well as under the Facility Agreement or otherwise against the borrower- developer and/or the intended purchaser, as the case may be in the event of the borrower-developer and/or the intended Purchaser committing any breach or default of any covenant contained in this agreement or in the Facility Agreement and it is made clear that the Bank shall be at liberty to take at any time such steps as it may deem fit and proper against the Borrower-Developer / lntended Purchaser to protect the interest of the Bank and/or for the recovery of its dues from the Borrower-Developer including the sale of the house/ flat / apartment / unit of any other person and both the borrower-Developer and the Intended Purchaser shall have no objection thereto. Annexure-2 (Contd.) 201 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 8. It is agreed that upon payment, of the entire consideration amount, in respect of the flat/apartment/unit proposed to be sold by the Borrower-Developer to the Intended Purchaser, the Borrower-Developer may execute the Deed of Conveyance in favour of the Intended Purchaser only with the consent in writing of the Bank and in such event the Bank may give a release letter in respect of the house / flat / apartment / unit for which consideration amount has been fully paid and/or deposited with the Bank. 9. No notice by way of demand or otherwise or any communication hereunder may be given or made by the Bank to the Borrower-Developer and/or the Intended Purchaser by sending the same by ordinary post to the Borrower-Developer / Intended Purchaser to the aforesaid, addresses and. such notice (s) and/or communication shall be deemed to have been given or made at the time when it would be delivered in the ordinary course of post and in proving that the envelop containing the notice was posted. Certificate signed by any of the Banks Officers that the envelope was duly posted shall be conclusive. Any notice to be given by the Bank may be signed by the Banks Officer authorised to sign on its behalf. The Intending Purchaser confirm that it has read the Facility / Loan Agreement and shall not do anything which would prejudice the interest of the Bank in any manner or which shall adversely affect the rights, powers and covenant maintained therein in favour of the Bank. Description of the fiat/ apartment/unit to be set out here. IN WITNESS WHEREOF the Parties hereto executed these presents on the day month and year first above written. THE COMMON SEAL of the above named Borrower-Developer has hereunto been Affirmed pursuant to the Resolution passed at the meeti ng of i ts Board of Di rectors hel d on the ............................... day of .............................. 20 ............. In the presence of Mr. ................................................................... one of its Director who has executed these presents in token of the presence in the presence of : or SIGNED and DELIVERED by the Partners of the Borrower- Annexure-2 (Contd.) 202 UCO BANK DOCUMENTATION MANUAL CHAPTER-9 Developer in the presence of : or SIGNED and DELIVERED by the above named Borrower- Developer in the presence of : SIGNED and DELIVERED by the above named Intended Purchaser in the presence of : SIGNED and DELIVERED for and on Behalf of UCO Bank by Mr. .................................................................................................... its ................................................... in the presence of : Annexure-2 (Contd.) 203 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 CHAPTER - 10 UCO TRADER SCHEME General Bank is at present extending credit to eligible wholesale and retail traders under UCO Trader Scheme, of which revised operational guidelines have been issued by the Banks HO Credit Department vide its Circular No.CHO/ADV/06/2001-02 dated 26.4.01. Branches are advised to look into the salient features embodied in the revised scheme in the said circular. Under the said UCO Trader Scheme, the under noted list of documents are required to be taken by the branches : 1. Attestation Memo 2. Application for credit Facilities under UCO Trader Scheme 3. Statement of Means 4. PSVR-1-pre-sanction visit report on applicants residence 5. PSVR-2-pre-sanction visit report on applicants place of business/office 6. Stock Statement Form 7. Stock Inspection Report 8. PSVR-4-pre sanction inspection report on collateral security offered 9. Non-encumbrance Certificate & Detailed Report on Title 10. Process Note (Cash Credit) 11. Process Note (Term Loan) 12. A-1 Demand Promissory Note-Individual 13. A-2 Demand Promissory Note-Joint Borrowers 14. A-3 Letter of Continuity 15. A-4 Letter of Lien 16. A-8 Agreement to pledge of goods to secure Demand Cash Credit (for stock/book debts). 204 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 17. A-9 Hypothecation of goods to secure Demand Cash Credit (for stock/book debts). 18. A-9A Deed of Hypothecation of Movable plant and machinery to secure a term loan. 19. A-9D Agreement for extension of charge by way of hypothecation over current assets to secure non-fund based facilities. 20. A-12A Acknowledgement of debt/securities. 21. A-21 Letter of guarantee to be used if borrowers are a company or firm. 22. A-21A Letter of guarantee in case of Individual Borrower. 23. A-38 Application for credit facilities on the security of Deposit(s). 24. A-38A Letter from UCO Bank informing the depositor regarding sanction of loan to others against security of fixed deposit in his name. 25. A-39 Application to take credit against security of fixed deposit in the name of third parties. 26. A-58 Letter of declaration cum agreement for advance against security of Life Policy. 27. A-88B Counter guarantee in case of guarantee facility. 28. A-107 Letter of Guarantee in case of joint borrowers. 29. A-109 Agreement relating to term loan. 30. D-48 Application form for credit facilities on the security of Recurring Deposit. 31. Letter of undertaking to be obtained from applicant for advances against immovable property. 32. Letter authorizing a person to deposit title deed of property for creating equitable mortage. 33. Entry to be made in the EM Register in respect of property standing in the name of one or more individual 34. Entry to be made in the EM Register in respect of property standing in the name of Partnership firm. 35. Entry to be made in the EM Register in respect of property standing in the name of Limited companies. 205 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 36. Letter of deposit of title deeds to be obtained from mortgagor/s 37. Letter to be obtained from mortgagor/s for covering increase in limits 38. Entry to be made in equitble mortgage register owing to increase in limits. 39. Letter to be obtained from mortgagor/s for deposit of additional title deeds with or without increase in limits. 40. Valuation report of immovable property. From the aforementioned list of documents, it may be observed that all the documents are annexed to this Manual of Documents, save and except item No. 24 of the list i.e., A- 38A(Letter from UCO Bank informing the depositor regarding sanction of loan to others against security of fixed deposit in his name) which is annexed hereto. 206 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y/ A - 1 h0/ Rs. ..................................... :tl / Place ................................................ ;theF / Date .............................. 200 ......... b/ nb.................. btkd fUe stl uvh gqfUtucfU................. fUtugt Wl fuUyt=uN vh tt bqg fuUrtY.................. hvgufUe htrN ;:t Wmvh sbt =h/ Cth;eg rhsJocfUfUe =h mu............. r;N; r;JMoyr"fUvh;wgql ;b................ r;N; r;JMofUe =h vh gt gqfUtucfUtht bwSu/ nbmqal t =u;unwY mbg-mbg vh rl ra; fUe stl uJtte =h vh gts .................. yk;qtt vh y=t fUhl ufUt cal =u;t nq/=u;un> On demand I/We .................. promise to pay UCO Bank ................... or order the sum of Rupees ........................................ With interest at the rate of ........................... per cent per annum above the Deposit Rate / Reserve Bank of India Rate subject to minimum rate of interest of .............................. per cent per annum or at such other rate as may be decided by UCO Bank from time to time under intimation to me/us with .................................. rests for value received. rl vt=l fU;tofUt l tb Name of the Executant ................................................................. v;t Address ........................................................................................... ......................................................................................................... ......................................................................................................... l tux & RmVUtpbofuUrn=e vtX murfUme fUth fuUct=-rJJt=fuUWvt ntul ufUe r:r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> Note : In the event of any controversy arising out of Hindi version of this form, the original English Text of it will be treated as authoritative. APPENDIX 207 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 c"fU/ The Manager, Y/ A3 ................................................. rg bntu=g/Dear Sir, b/nb......................................................... h0 (........................................ hvgu) fUt btkd cal -vt mktl fUh;t nq/fUh;un stubuhu/nbthutht n;tGrh; ni ytih rsmubuhu/nbthugt nb bmu rfUme YfUl tb vh rVUtntt cfUtgt rfUme ytuJhz[tx/l fU=e }UK fUe y=tgde fuUrtY ;:t buhu/nbthu gt nb bmurfUme YfUfuUtht RmfuUvat;TrtY st mfUl uJttu....................................... h0 (......................................................................................................... hvgu) fuUytuJhz[tx/l fU=e}UK fUe y=tgde fuUrtY Ce ytvfUtur;Cqr; fuUv br=gt dgt ni YJkgn cal -vt ytuJhz[tx/l fU=e }UK bmuy=; hn dge ykr;b NuMhtrN fUe y=tgde nu;wytvfuUrtY r;Cqr; ntude ytih b/nb W; cal -vt vh Rmct; fuUntu;unwY Ce =tge hnqdt/hndurfUW; ytuJhz[tx/l fU=e }UK mbg-mbg vh Dx dgt ni gt rl Jtorv; ntudgt ni gt W; Ft;ubyr"fUhtrN sbt ntudRoni> I/We beg to enclose a demand Promissory Note for Rs. ............................................... (Rupees ..............................................................................................................) signed by me/ us which is given to you as security for the repayment of any overdraft/cash credit which is as present outstanding in my/our name or inthe name of either of us and also for the repayment of any overdraft/cash credit to the extent of Rs. .................................................... (Rupees ..........................................................................................................) which I/We or either of us may avail of hereafter and the Promissory Note is to be a security to you for the repayment of the ultimate balance sum remaining unpaid on the overdraft/cash credit and sum remaining unpaid on the overdraft/cash credit and I am/we are to remain liable on the said Promissory Note notwithstanding the tact that by payments make into the account of the said overdraft/cash credit from time to time the said overdraft/cash credit may from time to time be reduced or extinguished or even that the balance of the said account may be at credit. CJ=eg/Yours faithfully, r=l tkfU...................................... Date :tl ........................................ Place rxvKe & RmVUtbofuUrn=e vtX murfUme fUth fuUJt=-rJJt=fuUWvt ntul ufUe r:r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> Note : In the event of any controversy arising out of Hindi version of this Form the original English text of it will be treated as authoritative. gq fUtucf UCO BANK 208 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 The Manager, A-4 UCO BANK, ............................................ Dear Sir, In consideration of the advances already made and of those which you may at your discretion make to me/us from time to time, I/we, hereby give you a lien on all securities now pledged by me/us with you and also on all other securities and monies now and from time to time hereafter held by you on my/our account for the outstanding general balance of all and every my/our loan account, current, cash credit or other accounts with you, as well for any other monies that may be due by me/us to you and you will have power at your discretion to sell or encash all such securities and accept payment of the value on maturity or before for any or all such securities in the event of my/our not maintaining a margin of ...................................... percent on the market value of the said securities or on my/our failing to repay the amount due by me/us to you when they become respectively repayable and on such sale to pay out of the proceeds the cost of the sale/value realisation and all such advances and all other debts, balances and monies then due by me/us to the Bank either singly or jointly with another or others and I/we undertake to execute proper transfer deeds and other instruments, when required to ensure to you the full benefit and advantage of the said securities. In case the amount recovered from the sale/value-realisation of the securities is insufficient to pay in full the total debt due by me/us to the Bank, I/we are of course liable to make good the decifiency. I/We also agree that you shall have full discretion and liberty as to the manner mode place time and conduct of the sale. I/We further authorise you to attach whatsoever stamp that may be required to give effect to the aforesaid sales or otherwise to render your said lien effectual and I/we undertake to reimburse your the cost of such stamps. You are at liberty to re-pledge my/our securities, transform the securities from the physical form to Demat form or any other form as may be required by law of the land. In case of need, you are also at liberty to hand-over any or all of the security to the issuer for marking lien/cancellation of lien/transfer of the same to securities the loans/advances made to me/us or to securities any debt due to you from me/us. I/We, declare that at present there is no charge, lien, encumbrance, attachment or litigation pending on, against or in respect of the said securities. Yours faithfully, Date : ...................................... 20 ....... Address : 209 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 ck"fU Y-4 gqfUtucfU ............................................... rg bntu=g, bwSu/nbytvfuUtht mbg-mbg vh r=Y dY ytih JrJJufUtl wmth r=Y stl uJttuyrd{b nu;wbuhu/nbthu tht ytvfuUvtmrdhJe hFudY mCe r;Cqr;gtvh ytih buhu/nbthumCe ytih rfUn }UK YJkytvfuU vtmfuUattq, l fU=e }UK gt yg Ft;ubcfUtgt mtbtg NuMfuUrtY ;:t buhu/nbthutht ytvfUtu =ug rfUme yg "l htrN fuUrtY buhu/nbthuFt;uvh ytvfuUtht yCe ytih RmfuUvat;Tmbg-mbg vh "trh; yg mCe r;Cqr;gtvh ytvfUtuRmfuUtht "thtKtr"fUth =tl fUh;t nq/fUh;un ytih buhu/ nbthutht W; r;Cqr;gtfuUctsth bqg vh............................................................. r;N; fUt btrsol l n cl tY hFl ufuU=Nt bgt buhu/nbthuvtmcfUtgt hfUb fuUf{bN&r;mk=ug ntul uvh Ce buhu/nbthutht Wmul ttixtY stl ufUe =Nt bytvfUtuyvl urJJufUtl wmth Yume mCe r;Cqr;gtfUtucual u fUe Nr; ntude ytih YumurJf{g fuUbqg ytih WmfUe tr;gtmuWmmbg buhu/nbthutht yfuUtugt yg gr; (gr;gt) fuUmt: mkgw; v mucfUfUtu=ug mCe yrd{btytih yg mCe }UKt, NuM htrNgtYJk"l htrNgtfUe awfUti;e fUhl ufUe Ntr; ntude ;:t b/nb W; r;Cqr;gtvh ytvfUtuvqht VUtg=t ytih ttC mwrl ra; fUhl ufuUrtY, sc Ce yvurG; ntu, mbwra; yk;hK =;tJust YJkyg rtF; rl vtr=; fUhl ufUt Jal =u;t nq/=u;un ytih gr= r;Cqr;gtfuUrJf{g mutt fUhb mubuhu/ nbthutht cfUfUtu=ug fwUt }UK fUe vqhe ;hn awfUti;e l n ntu;e ntu;tub/nb WmfUbe fUtuvqht fUhl ufuUrtY =tge nq/n>b/nb Rmct; muCe mnb; nq/n rfUytvfUturJf{g fUe her;, Zkd, :tl , mbg YJkmkattl fuUcthubvqKorJJufUtr"fUth YJkJ;kt;t ntude>b/nb ytvfUtuytdutr"f]U; fUh;t nq/fUh;un rfUytv W; rJf{g fUtufUtgtol rJ; fUhl ugt yg:t yvl u"thKtr"fUth fUtuCtJNet cl tl ufuUrtY g:tuvurG; xtv tdt mfU;un ytih b/nb ytvfUtuYumuxtv fuUbqg fUe r;vqr;ofUhl u fUt Jal =u;t nq/=u;un>ytv buhe/nbther;Cqr;gtfUtuvql &rdhJehFl u, Ctir;fUJv muCtir;fU;thrn;/ rJCtir;f]U; (zebux) y:Jt =uNtath tht g:tuvurG; yg Jv bvrhJr;o; fUhl ufuUrtY J;kt n> ytJgfU;t v\zl uvh ytv rl dobfU;tofUtufUtuRoCe y:Jt mc r;Cqr; buhu/nbthe ytih ytvfuUrfUme cfUtgu}UK fuUr;Cqr;fUhK y:Jt bwSu/nb=tl fUe dge }UK/yrd{btfuUr;Cqr;hfUhK fuUrtY Wmu "thKtr"fUth ykfUl /"thKtr"fUth rl hml /yk;hK nu;w=ul ufuUrtY Ce J;kt n>b/nb gn DtuMKt fUh;t nq/fUh;un rfUJ;obtl bW; r;Cqr;gtvh gt WmfuUYJs brfUme Ce fUth fUt Cth, d{nKtr"fUth, }UKCth, fwUfoUgt Jt= tkrc; l n ni> CJ=eg, ;theF ...............................20 v;t& rxvKe&RmVUtbofuUrn=e vtX murfUme fUth fuUct=-rJJt=fuUWvt ntul ufUe r:r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> 210 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-5 ACCOUNT NO. ............................... LEDGER FOLIO NO. ................... PARTNERSHIP LETTER ........................... 200 . The Manager UCO BANK .............................................. Dear Sir, We have by a separate application of date asked you to open an account in the name of our firm ....................................................................................... . We confirm that our partnership is registered/not registered with the Registrar of Firms under the Indian Partnership Act, 1932 and is written/verbal one. We the undersigned further declare that we are the partners of the said firm and carry on business in similar and other names at ............................................................................ and that any of us is authorised to sign all documents on our behalf in your favour in connection with all our dealings of whatever nature with your bank and acknowledge all types of debts and sign balance confirmation of accounts and confirm securities charged therein and that any of us is authorised to sign on behalf of the firm and have full and unrestricted authority to bind the firm. Accordingly, we request and authorise you to honour our respective signatures on behalf of the firm. We also request and authorise you that until any one of us shall give you notice in writing to the contrary to honour all cheques or other orders which may be drawn or bills accepted or notes made or receipts for moneys owing by you to the firm signed by anyone of us in the firms name and to debit such cheques, orders, bills, notes and receipts to the firms account or accounts with you whether such account or accounts be for the time being in credit or overdrawn or may become overdrawn in consequence of such debit and we will be jointly and severally responsible for the payment of any such overdraft, interest and other bank charges. Any securities or other property of or deposited in the name of the firm may be withdrawn and any moneys may be borrowed from you in the name or on behalf of the firm and may be secured in any manner upon any securities, moneys or property of or deposited in the name of the firm by any one of us and, we will be jointly and severally responsible for the payment of such moneys with interest, costs, charges and expenses in respect of existing and future transactions between the firm and the bank. 211 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Upon any partner ceasing to be a member of the firm by death, bankruptcy, retirement or otherwise you may treat the surviving or contiuning partner or partners for the time being as having full authority and power to carry on the business of the firm and to deal with its assets for the purpose of winding up or otherwise as freely as if there had been no change in the firm and you will be relieved of all responsibilities to see if such dealings were in competency of surviving partner. The authority shall remain in force until the closing of the account with you notwithstanding any change in the constitution or name of the firm and shall apply notwithstanding any change in the membership of the firm by death, bankruptcy, retirement or otherwise or the admission of any new partner or partners. And we hereby jointly and severally free you from any liability for the funds or the security charged in the account that may be withdrawn by the remaining partners after death, bankruptcy or retirement of any partner or partners and hereby agree to indemnify you against all claims, actions and demands arising from such withdrawal of funds and/or the securities by the remaining partners. And we hereby further agree and declare that this agreement shall be binding upon ourselves and our respective legal representatives and you will not be liable in any way for the operation on the account in the name of the firm by any of us or for withdrawal of the funds and/or securities by any one of us. Wherever, any change occurs in our partnership, we undertake to inform the bank of the same in writing and our individual responsibility to the bank will continue, until we receive from the bank an acknowledgement of the letter and until all our liabilities with the bank are discharged. Name of the Partners : Yours faithfully, 1. ............................................................ 2. ............................................................ 3. ............................................................ 4. ............................................................ 5. ............................................................ Address of Individual Partners : Name Address ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ 212 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y-5 Ft;t mkgt................................ tush VUturtgtmk......................... Ctde=the-vt .........................................20 . ck"fU, gqfUtucfU ..................................................... rg bntu=g, nbl uyts fUe ;theF bYfU v]:fTU ytJu=l -vt tht ytvmuyl whtu" rfUgt ni rfU ytv nbthu VUbo........................................................................................... fuUl tb bYfUFt;t Ftut> nb vwr fUh;un rfUnbtht Ctde=the VUboCth;eg Ctde=the yr"rl gb, 1932 fuUy"el VUbohrsx[th fuUvtmhrsx[ef]U; ni/l n ni ytih rtrF;/btirFfUni> nb y"tun;tGhe ytduDturM; fUh;un rfUnb W; VUbofuUCtde=th n ytih mbtl ;:t yg l tbt...................................................................................... bgJtg att;un YJknb bmu fUtuRoCe Rmct; fuUrtY tr"f]U; ni rfUJn ytvfuUcfUfuUmt: rfUme Ce ;hn fuUtul -=ul fuU mkck" bnbthe ytuh muytvfuUvG bmCe =;tJustvh n;tGh fUh;:t mCe ;hn fuU}UK fUtu yrCJefUth fUhYJkFt;tfuUNuMvwrfUhKvt vh n;tGh fUhytih WmbCtrh; r;Cqr;gtfUe vwr fUh;:t nb bmufUtuRoCe VUbofUe ytuh mun;tGh fUhl ufuUrtY tr"f]U; ni YJkWmuVUbofUtu ytJ fUhl ufuUrtY vqKoYJkyrl Jor"; tr"fUth ni>;=l wmth nb ytvmuyl whtu" fUh;un ytih ytvfUtuRmct; fuUrtY tr"f]U; fUh;un rfUVUbofUe ytih muytv f{bN&nbthun;tGhtfUtumfUth> nb ytvmugn Ce yl whtu" fUh;un ;:t Rmct; fuUrtY ytvfUtutr"f]U; fUh;un rfUsc ;fUnb bmufUtuRoCe ytvfUturtrF; v br;f]U; mqal t l =;c;fUytv ytnrh; rfY stl uJttumCe aufUtgt yg yt=uNtgt mfUthdY rcttgt ;igth rfY dY l tuxtgt VUbofuUr; ytvfuUtht "trh; "l fUe Yume vtJ;e fUtumfUthstuVUbofuUl tb bnbubmurfUme YfUfuUtht n;tGrh; n ytih YumuaufU, yt=uN, rct, l tux ytih vtJ;e fUtuyvl uvtmfuUVUbofuUFt;ugt Ft;tbl tbuztt, atnuYumuFt;ugt Ft;tb;mbg sbt vG yr"fUntugt Wmmuyr"fUhtrN ytnrh; fUe dRontu gt Yumul tbuzttl ufuUVUtJv Wmmuyr"fUhtrN y"el ntudRontu;:t nb mkgw;;&ytih v]:fU;& YumurfUme ytuJhz[tx, gts YJkyg cfUCth fuUCwd;tl fuUrtY Wth=tge ntdu> nb bmurfUme YfuUfuUtht VUbogt WmfuUl tb bsbt rfUn r;Cqr; gt yg mkvrt fUtuytnrh; rfUgt st mfU;t ni ytih VUbofuUl tb bgt WmfUe ytuh mufUtuRo"l ytvmuW"th rtgt st mfU;t ni ytih WmuVUbofUtugt WmfuUl tb bsbt rfUn r;Cqr;, "l gt mkvrt vh rfUme Ce v b r;Cqr; hFt st mfU;t ni ;:t nb VUboytih cfUfuUcea rJ btl ytih CtJe tul -=l ufUe ctJ; gts, ttd;, Cth YJkFaomrn; Yumu"l fuUCwd;tl fuUrtY mkgw;;&ytih v]:fU;&Wth=tge ntdu> 213 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 gr= fUtuRoCtde=th b]gw, r=Jtttvl , muJt-rl J]rt, fuUfUthK mugt yg:t VUbofUt m=g l n hn;t ni ;tuytv gn btl mfU;un rfUWthseJe gt ;mbg cl uhnl uJttuCtde=th gt Ctde=thtfUt VUbofUt gJmtg attl uYJkvrhmbtl fUhl ugt yg gtusl fuUrtY WmfUe ytr;gtfuUtul -=ul fUt Yumt rl Jto" vqKotr"fUth YJkNr; ni btl tuVUbobfUtuRovrhJ;ol l n nwyt :t ytih ytv gn =uFl ufuU mCe Wth=trgJtmubw; hndurfUWthseJe Ctde=th Yumutul -=ul fUhl ufuUrtY mGb :ugt l n> VUbofuUdXl gt l tb brfUme fUth vrhJ;ol ntul uvh Ce gn tr"fUth ytvfuUvtmfuUFt;ufuUck= rfY stl u;fUJ]t hnudt ytih b]gw, r=Jtttvl , muJtrl J]t gt yg fUthK mugt rfUn l Y Ctde=th gt Ctde=thtfUe rl gwr; fuUfUthK muVUbofUe m=g;t bfUtuRovrhJ;ol ntul uvh Ce ttdqntudt> ytih nb mkgw;;&YJkv];fU;&RmfuUtht ytvfUturl r"gtgt Ft;uvh Ctrh; Yume r;Cqr; fuU=trgJ mubw; fUh;un rsmurfUn Ctde=th gt Ctde=thtfUe b]gw, r=Jtttvl gt muJtrl J]rt fuUvat;TNuM Ctde=thttht ytnrh; rfUgt st mfU;t ni ;:t nb RmfuUtht fUhth fUh;un rfUNuMCtde=thttht Yume rl r"gtytih/gt r;Cqr;gtfuUytnhK muWvt mCe =tJu, fUthJtRoYJkbtkd fuUrJh ytvfUe Gr;vqr;ofUhduytih nb RmfuUtht ytdufUhth fUh;un YJkDturM; fUh;un rfUgn fUhth nbthuYJk f{bN&nbthurJr"fUr;rl r"gtvh ctgfUthe ntudt ytih ytv nb bmurfUme YfUfuUtht VUbofuU l tb fuUrfUme Ft;ufuUvrhattl fuUrtY gt nb bmurfUme YfUfuUtht rl r"gtytih gt r;Cqr;gt fuUytnhK fuUrtY rfUme Ce v b=tge l n ntdu> gn cal =u;un rfUsc fUCe nbthuCtde=the VUbobu,kfUtuRovrhJ;ol ntudt ;tunb rtrF; v b WmfUe mqal t cfUfUtu=duytih sc ;fUnbcfUmuWmvt fUe vtJ;e tt l n ntu;tuytih sc ;fUnbcfUfuUr; mCe =trgJtmubwr; l n rbt st;e ;c;fUcfUfuUr; nbtht gr;d; Wth=trgJ cl t hnudt> Ctde=thtfUt ltb& CJ=eg, 1. ................................................ 2. ................................................ 3. ................................................ 4. ................................................ 5. ................................................ grfUCtde=htfUt v;t l tb v;t ................................................ ................................................ ................................................ ................................................ ................................................ ................................................ ................................................ ................................................ ................................................ l tux& RmVUtbofuUrn=e vtX murfUme fUth fuUJt=-rJJt= fuUWvt ntul ufUe r:r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> 214 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y/ A-6 :tl / Place .............................. ck"fU/ Manager, r=l tkfU/ Date ............................. gq fUtucf UCO BANK rg bntu=g/Dear Sir, b/nb RmfuUtht ytvmuyl whtu" fUh;t nq/fUh;uni ytih ytvfUtutr"f]U; fUh;t nq/fUh;un rfUsc;fU ytvfUtubuhu/nbthun;tGh mufUtuRorCt mqal t rtrF; v btt l ntusc;fUytv mbg-mbg vh YumumCe aufUtgt yg yt=uNtfUt Cwd;tl buhu/nbthurtY yxl tuofuUv bgt buhu/nbthuFt;uvh fUh mfU;un ytih WnumfUth mfU;uni stu............................................... tht ytnrh; rfUgt stY (rsmfUt ytnhK WmfuUtht rfUgt stl t ;tvrg; ni) ;:t YumumCe aufUtgt yg yt=uNtfUe hfUb fUtubuhu/nbthuWm/Wl crfkUd Ft;ugt Ft;tbul tbuztt mfU;un stu;mbg ytvfuUcfUfuUvtm n>bl u/nbl uW; .................................................................... fUtuRm ct; fUe vqhe Nr; YJk tr"fUth r=gt n rfUJn buhu/nbthucrfkUd Ft;ugt Ft;uvh YumuaufUtgt yg mbg YumucrfkUd Ft;u gt Ft;bhtrN sbt ne gt Wl muyr"fUhtrN ytnrh; ntuawfUe ntugt fUtuRoyg :r; ntu> I/We hereby request and authorise you from time to time until you shall have received from me/us notice to the contrary in writing under my/our hands, to pay and honour all cheques or other orders which may be drawn by....................................... (purporting to be drawn by him) per procuration for me/us or on my/our account and place the amount of all such cheques or other orders to the debit of my/our Banking account or accounts for the time being with your Bank. I/We have given to the said ............................................. full power and authority to draw such cheques or other orders on my/our such Banking account or accounts, whether such Banking account or accounts are in credit or overdrawn or otherwise at the time such cheques or other orders are presented to you for payment. bl u/nbl uW; ........................................................... fUtuRmct; fuUrtY tr"f]U; rfUgt ni rfUJn Cth; gt rJ=uN r:; rfUme vtxeovh rfUne rJt gt rcttfUtubuhu/nbthuytuh muytnrh; fUhuytih Wmu/WnuytvfUe btVoU; cuatl fUhu>nb RmfuUtht ytvfUtuJal =u;un rfUgr=Yumt fUtuRorct y=t hn st;t ni, ;tunb ytvfUtuWmfUe ctJ; =ug mCe htrN fUt Cwd;tl fUhdu> I/We have authorised the said ..................................................... to draw any bill or bills on my/our behalf on any party in India or aborad and to negotiate the same through you. We hereby undertake to pay you all your dues, if any, of such bills remaining unpaid. 215 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 bl u/nbl uW; ................................................................................... fUtuRmct; fuUrtY tr"f]U; rfUgt ni rfUJubuhu/nbthuW; crfkUd Ft;ugt Ft;ub"l , aufU, l tux, z[tx, yt=uN YJkyg mCe =;tJust fUtusbt fUhytih ytJgfU;t v\zl uvh Wnubuhu/nbthurtY yxl eofuUv bgt buhu/nbthu Ft;uvh ;:t mbg mbg vh buhe/nbthe ytih muW; crfkUd Ft;ugt Ft;tufUe mg;t fUtubtrK; fUh ytih Wmmumkckr"; aifUYJkyg JtWah tt fUh> I/We have authorised the said .................................................................. to pay moneys, cheques, Notes, Drafts, Order and all other Documents to the Credit of my/our said banking account or accounts and when needful, to endorse the same per procuration for me/us or on my/account and from time to time on my/our behalf certify the correctness of the said banking account or accounts and received the cheques and other voucher relating thereto. b/nb W; ........................................................................ fUtuRmct; fuUrtY Ce tr"f]U; fUh;t nq/fUh;uni rfUJn buhe/nbthuytih mur;Cqr;gt, Nugh ytr= ytvfUtu=tl fUh gt ytvmutt fUhu> I/We also authorise the said ............................................................ to deliver to or receive from you securities, shares etc. on my/our behalf. b/nb RmfuUtht fUhth fUh;t nq/fUh;uni rfUcfUfuUmt: rfY stl uJttutul -=ul fuUmkck" bbuhe/ nbthe ytih muW; ........................................................................... tht rf Y dY gt rfY stl ufuU rtY ;tvrg; mCe fUtgo-f]Ug YJkJt;ubuhu/nbthuWvh ctgfUthe ntude> I/We hereby agree that all acts, deeds and things done or purported to be done by the said ............................................... on my/our behalf in relation to any transaction with the Bank will be binding on me/us. gr= n\z;tt, ctJt, rmrJt yNtkr;, =ugf]U; simucfUfuUrl gktK muvhurfUne fUthKmuyl w=uN fUt vttl l ne ntuvt;t ni RmfuUrtY cfUfUtuWth=tge l n Xnhtgt stYdt> The bank will not be held responsible if the instructions could not be carried out for reasons beyond the banks control such as strike, riots, civil commotion acts of Gods, etc. CJ=eg/ Yours Faithfully e/bummo................................................................ fuUl bwl t n;tGh Specimen Signature of Mr./M/s. .................................................... l tux - RmVUtbofuUrn=e vtX murfUme fUth fuUJt=-rJJt=fuUWvg ntul ufUe r:r; bRmfUt bwt ykd{use vtX fUe tr"f]U; btl t stYdt> NOTE : In the event of any controversy arising out of Hindi version of this From, the original English text of it will be treated as authoritative. 216 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 SCHEDULE OF PLEDGE (The illustrations given hereunder are meant to guide the filling in of the Schedule of Securities, but in each case, where required, the description should be altered to conform to the terms of the sanction of the credit lines). (i) All stocks of motor cars spare parts, machinery, plant etc. wherever such stocks may now or hereafter be situated including in particular such stocks stored in the premises/ warehouses/godowns situated any where in ..................................................................... ............................................................................................................................................ (mention the name of the town) and more particularly at ..................................................................................................... (complete in reference to A below) or (ii) All stocks of cotton, Kapas etc. wherever such stocks may now or hereafter be situated including in particular such stocks stored in the premises/warehouses/godowns situated anywhere in .................................................................................................................. and (mention the name of the town) more particularly at ............................................................................................................ (complete in reference to A below) or (iii) All stocks of paints, varnish, enamel, turpentine, etc., wherever such stocks may now or hereafter be situated including in particular such stocks stored in the premises/ warehouses/ godowns situated anywhere in ........................................................................................... (mention the name of the town) and more particularly at ..................................................................................................... (complete in reference to A belwo) or (iv) All stocks or paper, cardboard, etc., wherever such stocks may now or here-after be situated including in particular such stocks stored in the premises/warehouses/godownns, situated any where in ....................................................................................... and more (mention the name of town) 217 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Particularly at ...................................................................................................................... (complete in reference to A below) (v) All stocks of various kinds of foodgrains, pulses, oilseeds, spices, kirana goods, sugar, gur, khandsari sugar, ghee, vegetable ghee, oils, etc. wherever such stocks may now or hereafter be situated including in partcular such stocks stored in the premises/ warehouses/godowns, situated anywhere in ............................................................ (mention the name of town) and more particularly at .............................................................. (complete in reference to A below) or (vi) (Give herein, in the above manner, general description of any other type of goods or commodities) A (Give herein the name(s) of the street(s) with their municipal numbers and whether the premises/warehouses/godown(s) etc., are pucca or kucha structures. And if goods are stored in certain rooms only in a building consisting of many rooms, parti cul ars of the rooms i n whi ch they are stored, for exampl e room, no. ............................ and other marks and particulars for identification). Note : Insert the following in the Schedule of Securities where applicable. (a) including similar stocks covered by Bill of Lading And/or (b) including similar stocks covered by Railway Receipts and other documents of title to goods. This can only be inserted where goods lodged in an account are by a Mercantile Agent (Refer Section 178 of the Indian Contract Act). In other cases i.e., where advances to the owners of the goods covered by railway receipts are to be allowed, Form A-20 has to be taken. 218 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-7 The Manager, Date ............................ UCO BANK ........................................ Dear Sir, As our joint Hindu family firm................................................................... will have/has dealings with your Bank in the name of the said firm, we beg to say that the first signatory to this letter, viz. .................................................. is the Karta of the joint family and other signatories are the adult co-parceners of the said family. We all further confirm that the business of the said joint family firm is carried on mainly by the the said Karta as also by the other signatories hereto in the interest and for benefit of the entire body of co-parceners of the said joint family. We all undertake that all claims due to the Bank from the said joint family firm shall be recoverable personally from all or any of us and also from the entire family properties of which the first signatory is the Karta, including the shares of the minor co-parceners. Our said Karta or any of our other adult members is authorised to represent and sign on behalf of the said joint family business in manner as appears below and has full unrestricted authority to bind all the members of the joint family however Constituted from time to time. In view of the fact that ours is not a firm governed by the Indian Partnership Act of 1932, we have not got our said firm registered under the said Act. We will sign on behalf of our Yours faithfully, said firm as follows : ............................................................... ............................................................... ............................................................... ............................................................... NOTE : In the event of any controversy arising out of Hindi version of this form, the original English text of it will be treated as authoritative. 219 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y-7 ck"fU, r=l tkfU............................ gqfUtucfU ............................................. rg bntu=g, aqkrfUnbtht mkgw; rn=wvrhJth VUbo............................................................ytvfuUcfUfuUmt: W; VUbofuUl tb btul -=ul fUh;t ni/fUh;t hnudt, y;&nb mt=h ytvfUtu/mqra; fUh;un rfURmvt fuU :b n;tGhe gtl e....................................................mkgw; vrhJth fuUfU;ton ytih yg n;tGhe W; vrhJth fuUJgfUmn=trgfUn>nb mCe ytduvwr fUh;un rfUW; mkgw; vrhJth fuUmCe mn=trgfUtfuUrn; bytih Wl fuUttC fuUrtY W; mkgw; vrhJth VUbofUt fUthtuch bwg;&W; fU;to ;:t Rmvt fuUyg n;tGhe tht attgt st;t ni>nb mCe cal =u;un rfUW; mkgw; vrhJth VUbotht cfUfUtu=ug mCe =tJunb mCe gt nbbumurfUme YfUmugr;d; v muytih yJgfU mn=trgfUtfuUykN mrn; vrhJth fUe Wmvqhe mkvrt muJmqteg ntudt rsmfuU:b n;tGhe fU;ton> nbthuW; fU;tofUtugt nbthurfUme yg JgfUm=g fUtuW; mkgw; vrhJth fUthtucth fUt r;rl r"J fUhl uytih WmfUe ytuh murl l fUth mun;tGh fUhl ufuUrtY tr"f]U; rfUgt dgt ni ytih Wn, g:tr:r;, mbg-mbg vh drX; rf Y stl uJttumkgw; vrhJth fuUmCe m=gtfUtuytc fUhl ufUt vqKo yrl Jor"; tr"fUth ni> aqkrfUnbtht VUboCth;eg Ctde=the yr"rl gb, 1932 muNtrm; l n ntu;t ni, y;&nbl uW; yr"rl gb fuUy"el yvl uW; VUbofUt hrsx[efUhK l n fUhtgt ni> nb yvl uW; VUbofUe ytuh mu CJ=eg, rl l fUth mun;tGh fUhdu& .................................................... .................................................... .................................................... .................................................... rxvKe&RmVUtbofuUrn=e vtX murfUme fUth fuUJt=-rJJt=fuUWvt ntul ufUe r:r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> 220 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-8 UCO BANK AGREEMENT TO PLEDGE OF GOODS TO SECURE A DEMAND CASH CREDIT/LOAN No. ................................. Amount Rs. ....................................... Name ..................................................................................................................................................... UCO BANK, (hereinafter called the Bank) having at the request of ......................................... ..................................................................................................................................................... ............................................................................................................................ (hereinafter called the Borrowers ) opened or agreed to open i n the Books of the Bank at ...................................................................................... a Cash Credit/Loan Account to the extent of Rupees ............................................................................................................................. .................................................................................................................................... or any other Account. In the name of the Borrowers to remain in force until closed by the Bank and to be secured by goods to be pledged with the Bank. IT IS HEREBY AGREED between the Bank and the Borrowers (the Borrowers agreeing jointly and severally) as follows : 1. That the Borrowers will deposit with the pledge in favour of the Bank the goods (hereinafter referred to as the said goods described in general terms in the Schedule hereto from time to time belonging to or coming into the possession or under the control of the Borrowers and the said goods whether delivered to the Bank as aforesaid under this Agreement for the purpose of forming addtional security for any sum already drawn or as security for any sum or sums to be drawn against the said Cash Credit/Loan Account or by way or substitution for and in lieu of any goods which may from time to time have been delivered or may be delivered to the Bank under this Agreement or otherwise howsoever shall be and stand as security to the Bank for the payment by the Borrowers of the balance due to the Bank at any time or ultimately on the closing of the said Cash Credit/Loan Account and for the payment of all debts and liabilities mentioned in the 17th Clause hereof. The expression the balance due to the Bank in this and subsequent clause of this Agreement shall be taken to include the principal moneys from time to time due on the said Cash Credit/ Loan Account and also interest thereon calculated from day to day at the rate hereinafter mentioned and the amount of all costs, charges and expenses which may be incurred, sustained or paid by the Bank or by its Agensts in connection with safeguarding the security 221 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 created or to be created by the pledge of the said goods and/or realising or attempting to realise the moneys thereby secured with interest thereon at the rate in the manner hereinafter mentioned or in covering any type of insurance risk thereon including fire, burglary, riot and civil commotion risk with interest from the time or respective times of payment thereof by the Bank until repayment in full. 2. (a) That the said goods immediately on receipt thereof by the Borrowers shall be delivered by way of pledge to the Bank or to the Agents of the Bank on behalf of the Bank and shall be stored or kept in godown or godowns belonging to or rented by the Bank or the Borrowers and from time to time approved by the Bank and not elsewhere and the Borrowers will duly pay the rent of all godowns in which the said goods or any art of the said goods may be stored in the event of any such godowns not belonging to the Borrowers and will keep the same and its contents free from attachment. (b) That in case the godown or godowns in which the said goods may from time to time be stored or kept shall have no direct or independent access from any public road or passage or if access thereto can be had only through any other building or passage in the possession or control of the Borrowers or of a third party the Bank shall not be responsible for any loss or damage whatsoever to the said goods stored therein or in any portion thereof due to or arising from any cuase or reason whatsoever including theft, larceny, house breaking, misappropriation, negligence conspiracy by any person or persons whatsoever including the Banks employees and any such loss or damage shall be borne entirely by the Borrowers. The Bank will have no responsibility if access to the godown or godowns is denied. The amounts due to the Bank for the time being shall immediately become payable on demand against release of such godown or godowns in whatsoever condition it/they may then be and there will be no obligation on the part of the Bank whatsoever to deliver the said goods lying in such godown or godowns to the borrowers or to place them in the Borrowers possession. 3. That the Borrowers shall not during the continuance of the Agreement pledge or otherwise charge or encumber, dispose of or deal with any of the said goods for the time being the subject or intended to be the subject of this security nor do or permit any act whereby the security hereinbefore expressed to be given to the Bank shall be in any wise prejudicially affected. 4. That the Borrowers shall with the previous consent of the Bank be at liberty from time to time to withdraw any of the said goods for the time being pledged to the Bank and forming part of the security the subject of this Agreement provided the advance value of the 222 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 said goods is paid into the said account or goods of similar nature to those mentioned in the Schedule hereto, or any of the same of at least equal value, are substituted for the goods so withdrawn Provided always that with the previous consent in writing of the time being pledged to the Bank without paying into the said Account such advanced value as aforesaid or substituting any goods as aforesaid provided the necessary margin required by the 8th Clause hereof is fully maintained. That the Bank shall in respect of the said goods have all the rights conferred by law on a pawnee of goods and the Borrowers shall comply with all the directions of the Bank in respect of the said goods and shall afford every facility with the view ot placing and keeping the Bank in exclusive possession, custody and control of all the said goods as a pawnee thereof and in such manner that such possession, custody and control of the Bank shall be apparent and indisputable. And the Bank shall be entitled (inter alia) to exercise at its discretion, though not bound to do so, all or any of the following powers namely : (a) to affix to all premises in which the said goods or any part thereof shall be stored or kept a notice or notices bearing the name of the Bank or to adopt such other means of giving notice to the public of the Banks interest in the said goods as may be deemed fit by the Bank; (b) to appoint watchmen or any other persons at each of the said premises who shall remain in possession of the said goods on behalf of the Bank and act solely under the Banks orders; (c) to maintain custody and control of the said goods in the said premises by means of locks or padlocks to the doors thereof of which the key shall be kept by the Bank; (d) to issue delivery orders whereby alone the said goods or any part thereof may be removed from the said premises by the Borrowers for the purpose of manufacture, sale or delivery in the due course of the business of the Borrowers subject to the provisions hereof. (e) to place private marks or numbers of the Bank on any of the said goods. That the Borrowers agree at their cost and on their account to the appointment by the Bank of godown keepers and/or chowkidars or to the utilisation of the services of the Banks godown keepers and/or chowkidars and in the alternative to the above or in addition there to take out burglary insurance on goods charged or pledged to the Bank as may be agreed to between the Borrowers and the Bank. Failing one and/or the other of the above the Bank shall have the unfettered discretion 223 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 though not bound to do so, to appoint godown keepers and/or chowkidars for the godown or godowns charged or pledged to it and/or to take out burglary insurance on the goods stored in such godown or godowns. The Bank shall have the power in all cases to debit the salaries, wages, costs and charges of the godown keepers/chowkidars, premia on burglary insurance or such other expenses in giving effect to the powers abovementioned. Whether or not the Borrowers and failing them the Bank appoints godown keeper and/or chowkidars and/or takes out burglary insurance on the goods charged or pledged to the Bank, it shall be taken to be agreed by the Borrowers that the Bank will not be responsible or liable under any circumstances and in any way for the safe custody of the said goods as the pledgee or bialee and for any loss or damage to the said goods however arising including theft, larceny, house breaking, misappropriation negligence or conspiracy by any person or persons including Banks employees and such loss if any shall be borne by the Borrowers in full. 6. That the Borrowers shall at all times during the continuance of this Agreement as their own expense insure and keep insured the said good to the full extent of their value against loss or damage by fire, burglary, riot and civil commotion, and war riskswhere such special type of insurance is considered necessary by the Banksolely in the name of the Bank or the joint names of the Bank and the Borrowers under a policy or policies containing the usual Bank Caluses and shall dulyand puctually pay the premia at least one week before the same shall have become due and shall deliver the policy or policies of insurance and receipt or receipts for premia paid in respect thereof to the Bank. If default shall be made in effecting or renewing any policy or in payment of such premia or in keeping the said goods so insured the Bank shall be at liberty in its discretion, without being bound to do so, to insure the said goods for any of the aforesaid risks or renew any such insurance with any Insurance Company for such sum or sums as the Bank may from time to time in its absolute discretion consider fit and the expenses incurred by the Bank for the purpose shall be charged to and payable by the Borrowers on demand with interest as provided in Clause 11 hereof, and until repayment shall be a charge on all the said goods from time to time pledged with the Bank. The Bank shall at no time be responsible to vary the amount of insurance effected on any subsequent variation in the value of the security. The benefit of such insurance and/ or the rights, powers and privileges thereunder shall belong to the Bank without prejudice to any other rights, powers and privileges which the Bank is entitled to by virtue of this Agreement and the Bank shall not be accountable to the Borrowers for any money which it may receive under such policy or policies. Further the Borrowers shall be liable for all charges which are incurred by the Bank in the realisation of any insurance claim from any Insurance Company and the correctness of the statement of charges rendered by the Bank will be considered conclusive and final and will not be disputed or challenged by the Borrowers. 224 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 7. That all sums received under any such Insurances as aforesaid shall be applied in or towards the liquidation of the balance due to the Bank for the time being and in the event of there being a surplus the same shall be applied as provided by the 15th Clause hereof. 8. That the Borrowers shall make and furnish to the Bank such statements and returns of the cost and market value of the said goods and a full description hereof and produce such evidence in support thereof as the Bank may from time to time require and shall maintain in favour of the Bank a margin of per cent or such margin as may from time to time be fixed on the invoice/market value of the said goods whichever be lower or in relation to any ceiling for the value of the said goods that may be fixed by the Bank from time to time in its discretion. The stipulated margin shall be maintained by the Borrowers either by the delivery of further security to be approved by the Bank or by cash payment by the Borrowers immediately on the market value for the time being of the securities becoming less than the agregate of the balance due to the Bank, plus the amount of the margin as calculated above. The Bank shall not in any case be under any liability towards the Borrowers or any other person for any loss or damage to the said goods from whatever cause or in whatever manner arising and in particular shall not be under any liability to the Borrowers in the event of the Insurance Company or Companies with whom the said goods are for the time being insured or any of such Insurance Company or Companies failing or refusing to pay the claims under the policy or policies issued by them in respect of the goods for any cause or reason whatsoever and notwithstanding that the insurance was taken out by the Bank in terms of para 6 and that the failure or refusal by the Insurance Company or Companies of the claims arises on account of any act or omission on the part of the Bank either in respect of the proposal for insurance or in the making of the claim. The Borrowers shall reimburse the Bank in respect of all costs, charges and expenses which the Bank may incur in making and realising any claims against the Insurance Company or Companies. The Borrowers shall at all time indemnify and keep indemnified the Bank from and against all suits, proceedings, costs, charges, claims and demands whatsoever that may at any time arise or be brought or made by any person against the Bank in respect of any act, matters and things lawfully done or caused by the Bank in connection with the goods or in pursuance of the rights and powers of the Bank under this Agreement. The Bank shall be entitled without prior reference to and approval of the Borrowers to adjust, settle, compromise or refer to arbitration any dispute with the Insurance Company or 225 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Companies arising under or in connection with the policy or policies or of Insurance and such adjustment, settlement, compromise or the award made on such arbitration shall be binding on the Borrowers and the Borrowers shall neither raise any objection that a sum larger than the sum accepted or received by the bank might or ought to have received nor be entitled to dispute their liability for the balance remaining due credit has been allowed for the sum received in respect of the insurance. 9. That the Borrowers shall be responsible for the quantity and quality of the goods pledged with the Bank and also for the correctness of Statement and Returns furnished by them to the Bank from time to time as mentioned in Clause 8 above. The Borrowers have assured the Bank that all information regarding the quantity, quality, etc., and other description of the goods pledged with the Bank as given in the said Statements and Returns is or would be correct and the Bank has advanced and agreed to advance moneys under the above account on such representation. In case any of such Statements, Returns or representations are found to contain any mistake. (of which fact the Bank shall be the sole judge) the Bank shall be entitled to revoke this Agreement and dispose of the said goods, without any notice to the Borrowers. The Bank shall be further entitled to inspect the Borrowers books or documents containing entries or information regarding the quantity, quality and valuation of or documents containing entries or information regarding the quantity, quality and valuation of or dealing with the securities. The Borrowers also declare and agree that in order to verify the quantity or quality of the goods pledged or the Statements and Returns furnished by the Borrowers, the Bank shall be at liberty at any time, in its discretion to get goods weighed counted and/or appraised at the expense of the Borrowers and the Borrowers agree to accept as conclusive proof of the result of such weighment, counting and or appraisement as certified by the authorised officer of the Bank. If, on such weighment, counting and/or appraisement the goods pledged are found to be shorter or lesser than the weight, number and/or of inferior quality or value to that given or shown by the Borrowers in their Statements or Returns, the Borrowers undertake to make up the deficit on demand and to reimburse the Bank for all loss, damage or expense incurred by the Bank on that account. 10. That during the continuance of this Agreement the Borrowers shall be responsible for loss, damage, depreciation or deterioration of the said goods caused by theft, fire, riot, civil commotion and or/that resulting from the goods or any part thereof having been acquired or requisitioned by the Government under any order or statute and/or as a result of civil disturbances, uprisings, insurrection and occupation by the military or by a foreign government. The Bank shall in no way be responsible for loss or damage to the said goods or any part thereof in the circumstances mentioned above nor shall it be its responsibility to make any 226 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 application or to take any legal proceedings or to do anything else to get reimbursement from the authorities concerned for the value of the goods acquired or requisitioned or for compensation for any loss or damage to the said goods. The entire responsibility in this regard shall vest in the Borrowers. 11. That interest at the rate of ....................% over Reserve Bank of India rate with a minimum of ....................% per annum with ......................rests shall be calculated and charged on the daily balance in the Banks favour due upon the said Cash Credit/Loan Account until the same its fully liquidated and shall be paid by the Borrowers as and when demanded by the Bank. Provided that the liability to pay interest on the Balance of the Cash Credit/Loan Account shall not cease notwithstanding. (a) that the said goods have been destroyed or damaged by fire, burglary, riot or civil commotion and that in consequence of such destruction or damage either the Borrowers or the Bank have become entitled to receive payment from any Insurance Company or Companies in respect of such loss or damage, or (b) that the said goods or any part thereof has or have been acquired or requistioned by Government under any order or Statute. 12. (a) That the Bank shall always have the right to stop making any further advances in the account at any time without any previous notice and without assigning any reason thereof even though the account is not drawn to the full extent of the limit provided for by this agreement. (b) On demand by the Bank the Borrowers shall pay to the Bank the balance then due to the Bank on the said Cash Credit/Loan Account together with all further interest at the rate above mentioned and the amount of all further charges and expenses to the dates of payment provided that nothing herein in this clause contained shall be deemed to prevent the Bank from demanding payment of the interest for the time being due at the above mentioned rate without at the same time demanding payment of the balance due to the Bank exclusive of such interest. 13. That if the Borrowers shall fail to maintain such margin as aforesaid or it the Borrowers fail or neglect to repay to the Bank on demand the balance then due to the Bank or in the event of the Borrowers becoming or being adjudicated Bankrupts or Insolvents or executing any Deed of Agreement, Composition or Inspectorship or in the event of the Borrowers whether the said property shall or shall not be the subject of this security or 227 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (whether the Borrowers are not a Joint Stock Company) in the event of any person, firm or company taking steps towards applying for or obtaining an order for the appointment of a Receiver of the Borrowers property or any part thereof or (in the event of the Borrowers being a Joint Stock Company) if any person, firm or company shall apply for or obtain an order for the winding up of the Borrowers or if any such order is made or any step be taken by any person, firm or company in or towards passing any resolution to wind up the Borrower or if any such resolution be passed whichever may first happen, it shall be lawful for the Bank forthwith or at any time thereafter or/and without any notice to the Borrowers (without prejudice to the Banks right of suit against the Borrowers) either by public auction or private contract absolutely to sell or otherwise dispose of all or any of the said goods either together of in lots or separately and to apply the net-proceeds of such sale in or towards the liquidation of balance then due to the Bank. 14. That if net sum realised by such sale be insufficient to cover the balance then due to the Bank, the Bank shall be at liberty to apply any other money or moneys in the hands of the Bank standing to credit of or belonging to the Borrowers any one or more of them in or towards payment of the balance for the time being due to the Bank and in the event of there not being any such money or moneys as aforesaid in the hands of the Bank or in the event of such money or moneys being still insufficient for the discharge in full of such balance the Borrowers promise and agree fortwith on production to them of an account to be prepared and signed as in the 17th Clause hereinafter provided to pay any further balance which may appear to be due from the Borrowers thereon PROVIDED ALWAYS that nothing therein contained shall be deemed to negative, qualify or otherwise prejudicially affect the right of the Bank (which it is hereby expressly agreed the Bank shall have) to recover from the Borrowers the balance for the time being remaining due from the Borrowers the Bank upto the said Cash Credit/Loan Account nowithstandings that all or any of the said goods may not have been sold and the proceeds realised. 15. That in the event of there being surplus available of the net proceeds of such sale after payment in full of the balance due to the Bank in the Cash Credit/Loan Account, it shall be lawful for the Bank to remain and apply the said surplus together with any other money or moneys belonging to the Borrowers or any one or more of them for the time being in the hands of the Bank in or under whatever account as far as the same shall extend against in or towards payment or liquidation or any and all other moneys which shall be or may become due from the Borrowers or any one or more of them whether solely or jointly with any other person or persons, firm or company to the Bank by way of Loans, Discounted Bills, Letters of Credit, Guarantees, charges or of any other debt or liability including Bills, 228 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Notes, Credits and other obligations current though not then due or payable or other demands legal or equitable which the Bank may have against the Borrowers or any one or more of them or which the law of set-off or mutual credit would in any case admit and whether the Borrowers or anyone or more of them shall become or be adjudicated Bankrupt or Insolvent or be in liquidation or otherwise and interest hereon from the date on which any and all advance or advances in respect thereof shall have been made at the rate or respective rates at which the same shall have been so proceed. 16. The Borrowers hereby agree and undertake to comply with all the provisions of the various control, licencing and procurement orders already promulgated or that may be promulgated hereinafter by the Government and shall see that the Banks interests are not in any way affected or prejudiced by violating or infringing the provisions thereof. The Borrowers shall submit statements, returns and declarations in respect of stocks held by them as and when required and the form and manner prescribed by the Government in the various Control Orders will hand over the statements/returns/delcarations to the Bank to enable them to prepare their own statements/returns/declarations as regards the stock so pledged. The stocks will be liquidated also in terms of the orders aforesaid. 17. The Borrowers agree to accept as conclusive proof of the correctness of any sum claimed to be due from them to the Bank under this Agreement a statement of account made out from the Books of the Bank and signed by the Manager or other duly authorised officer of the Bank without the production of any voucher, document or paper whatsoever. 18. The Borrowers hereby declare that all the goods which may be pledged with the Bank from time to time shall be absolute property of the Borrowers and at their sole disposal free from any prior charge or encumbrance and that the Borrowers shall not have knowingly suffered or being party or privy to anything whereby they are in any way prevented from pledging the goods in manner aforesaid. 19. That this Agreement is to operate as Security for the balance from time to time due to the Bank and also for the ultimate balance to become due on the said Cash Credit/ Loan Account and the said account is not to be considered to be closed for the purpose of this Security and the Security is not to be considered exhausted by reason of the said Cash Credit/Loan Account being brought to credit at any time or from time to time or of its being drawn upon to the full extent of the said sum of Rs. ........................................ (Rupees ........................................................................................) if aforesaid reopened by a payment to credit, or by reasons of the Borrowers being allowed at the discretion of the Bank advances in the said Cash Credit/Loan Account beyond the sanctioned limit. 229 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 20. That in the event of the accommodation so granted not being availed of to the minimum extent of Rs. ............................ (Rupees ....................................................................) interest shall be charged to and be paid by the said Borrowers at the rate and in the manner aforesaid on the minimum sum of Rs. ............................... during the continuance of the said Cash credit Account, whether the same is in debit or not. 21. That the Bank shall be entitled to and make half-yearly a charge to the account to cover incidental expenses in connection therewith. The amount of such charge will be determined by and shall be in the discretion of the Manager and will depend upon the operation and turnover of the account. 22. PROVIDED ALWAYS that this Agreement is not to prejudice the right or remedies of the Bank against the Borrowers irrespective and independent or the Agrement in respect of any other advances made or to be made by the Bank or the Borrowers. 23. In case the Borrowers shall be firm or members of a firm no change whatsoever in the constitution of such firm during the continuance of this Agreement shall impair or discharge the liability of the Borrowers or any one or more of them thereunder. 24. The security hereby given shall not be prejudiced by any collateral or other security including any personal guarantee nor or hereafter held by the Bank for any money hereby secured or by any release, exchange or variation of any such seucrity. 25. Any demand hereunder may effectually be made by parole notice to the Borrowers by an office of the Bank or by notice in writing under the hand of any such officer either served personally on the Borrowers or left or sent by post to the Borrowers at the Borrowers usual or last known place of business. IN WITNESS WHEREOF the Borrowers have hereunto set thei r hands thi s ................................................. day of ...................................... 20 . (Signature of Borrower) SCHEDULE OF SECURITIES REFERRED TO IN THE FOREGOING INSTRUMENT (Signature of Borrowers) 230 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y-SY A-SA r;Cqr; fuUv byr;rh; mkvrt mrn; }UK mebt/mwrJ"t b J]r fUhlufuUrtYbtt fUturdhJehFlunu;wvqhfUfUhthfUt VUtbo FORM OF SUPPLEMENTAL AGREEMENT TO PLEDGE OF GOODS FOR INCREASE IN LIMITJFACILITY FOR ADDITIONAL PROPERTY AS SECURITY gn fUhthyts JMo20 .......... fuU..................................... bnel ufuU..........................................r=l fUtuYfUytuhe/eb;e/fwUbthe/bummo............................................................................................... (rsmuRmbRmfuUvat;TIIW"thfU;toOOfUnt dgt ni ytihRmyrCgr; bsc;fUmk=Cotht yvJrso; gt WmfuUrJh l ntu;c;fURmbWmfuUrl vt=fUYJkmbl w=urN;e/WmfuU/Wl fuUJtrhm, rl vt=fU, NtmfU, rJr"fU r;rl r", Wthtr"fUtheYJkmbl w=urN;eNtrbt mbSustYkdu) ytih=qmheytuhgqfUtucfUfuUcea, stucfUfUthe rJr" (mkNtu"l ) yr"rl gb, 198S tht g:tmkNtur"; cfUfUthefkUvl e(Wvf{btfUt yr"d{nK ytihyk;hK) yr"rl gb, 1970 fuUy"el drX; YfUrl drb; rl fUtg ni ;:t rsmfUt "tl fUtgtotg 10, rJ. ti. b. mhKe, fUtutfUt;t bYJkNtFt fUtgtotg yg :tl tfuUyttJt.............................................................. b ni (rsmuRmbRmfuUvat;TIIcfUOOfUnt dgt ni ytihRmyrCgr; bsc;fUmk=Cotht yvJrso; gt WmfuU rJh l ntu;c;fUWmbWmfuUWthtr"fUtheYJkmbl w=urN;eNtrbt mbSustYkdu), rl vtr=; rfUgt st;t ni> This AGREENENT made this .......................................... day of .......................... 20 ........ BETWEEN Nr.fNrs.fNissfNfs. ................................................................................................... (hereinafter called ''the borrower'' which expression shall unless excluded by or repugnant to the context be deemed to include its executors and assignsfhisfherftheir heirs, executors, administrators, legal representatives, successors and assigns) of the One Part and UCO BANK, a body Corporate constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 as amended by the Banking Laws (Amendment) Act, 198S and having its Head Office at No. 10, B.T.N. Sarani, Kolkata and a Branch Office amongst other places at ............................................................................... (hereinafter called ''the Bank'', which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns) of the Other Part. aqkrfUcfUtht W"thfU;tofUtuh. ....................... (hvgu....................................................................) fUemebt ;fUl fU=e}UK/}UK mwrJ"t fuUv bmtifUgobksqhrf Y stl uytih/gt bksqhrf Y stl ufuUrtY mnb; ntul ufuUr;VUtJv W"thfU;tol ucfUfuUvGbJMo........... fuU........................................ bnel u fuU...................................... r=l fUtubtt fUturdhJehFl umkck"efUhth(rsmuRmbRmfuUvat;TIIrdhJe 231 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 hFudY btt fUt bqt rJtuFOOfUnt dgt ni) rl vtr=; fUhfuUrdhJehFudY btt fuUbqt rJtuF b(rsmuRmb RmfuUvat;TIIrdhJehFudYbttOOfUnt dgt ni) g:tWrtrF; yvl umCeJ;obtl YJkCtJextpfU;:t skdb mkvrt fUtubqt"l , gts, ttd;, CthYJkFaomrn; cfUfuUvtmfuUyvl uW; l fU=e}UK/}UK Ft;ubcfU fUtu;mbg =ug NuMfUemgfTUv muawfUti;ecfUfUtufUhl ufuUrtY r;Cqr; fuUv bcfUfUtuytihWmfuU vGbrdhJehFt ni> WHEREAS by an Agreement to Pledge of Goods dated, the .................................................. day of ..................................................... executed by the borrower in favour of the Bank (hereinafter called ``the Principal Deed of Pledged Goods'') the borrower in consideration of the Bank having granted andfor agreed to grant to the borrower accommodation by way of Cash Credi tfLoan faci l i ti es to the extent of Rs. ..................... (Rupees ................................................) pledged to and in favour of the Bank all the present and future stocks and movables of the borrower as mentioned in the Principal Deed of Pledged Goods (hereinafter called ''pledged goods'') as security for due repayment by the borrower to the Bank of the balance for the time being due to the Bank in the said cash creditfloan account of the borrower with the Bank inclusive of principal, interest, costs, charges and expenses. ytihaqkrfUW"thfU;tol ucfUmul fU=e}UK/}UK mwrJ"tytfUerJ btl mebt fUtuh.................................... muc\ZtfUhh.................................. fUhl ufUt yr;rh; mtifUgobksqhfUhl ufUt yl whtu" rfUgt ni rsmucfU, yg ct;tfuUmt:-mt:, RmbRmfuUvat;TWrtrF; rl ck"l YJkN;tuvh;:t W"thfU;totht Rmct; fUt fUhth rf Y stl uvh bksqh fUhl ufuUrtY mnb; nwyt ni rfUrdhJe hFudY btt l fuUJt h............................................... (hvgu......................................................................) fUerJ btl mebt crfUg:tWvrhrtrF; h. .............................. fUeJr"o; mebt fuUrtY, rsmubksqhfUhl ufUemnbr; =edRoni ;:t RmbRmfuUvat;TWrtrF; mCegts, ttd;, CthYJkFaoytihyg "l fuUrtY Ce, r;Cqr; ntdu> AND WHEREAS the borrower has requested the Bank to grant to the borrower further accommodation by way of cash creditfloan facilities by enhancing the existing limit thereof from Rs. ....................... to Rs. ....................... which the Bank has agreed to do on the terms and conditions, inter alia, as hereinafter appearing and on the borrower agreeing that the pledged goods shall constitute security not only for the existing limit of Rs. ........................ (Rupees ................................................) but al so for the enhanced li mi t of Rs. ............................ agreed to be granted, as aforesaid and all interests, costs, charges and expenses and other monies, as hereinafter mentioned. 232 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 yc gnrJtuF gnmtrG; fUh;t nirfUW; fUhthfuUyl wmhK bcfUtht l fU=e}UK/}UK mwrJ"tytfUe yr"fU;b mebt fUtuh. ............................. muc\ZtfUhh.................................. rf Y stl ufuUv b W"thfU;tofUtuyr;rh; mtifUgobksqhrf Y stl uytih/gt bksqhrf Y stl ufuUrtY mnb; ntul ufuUr;VUtJv W"thfU;toRmfuUtht fUhthfUh;t ni rfUgn fUhthrdhJehFudY btt fuUbqt rJtuF fUt vqhfUntudt ytihgn rfUW"thfU;toRmfuUtht RmfUeyl wmqaebWrtrF; btt fUtucfUfuUvGb:b CthfuUv brdhJehF;t ni rsmbW"thfU;tofuUmCeWvt=, btt YJkrfUmefUthfUeYumeskdb mkvrt Ntrbt ntudersmuyCegt RmfuU vat;TRmr;Cq r; fu Usthehnl ufu U=tihtl mbg-mbg vhW"thfU;tofu U...................................................... r:; vrhmhgt dtu=tb bttgt stY, xtuhrfUgt stY gt Wmbgt WmfuUytmvtmgt fUnCeW"thfU;totht rfUmembg gt yk;;&W; l fU=e}UK/}UK Ft;ufuUck=rfY stl uvhcfUfUtu=ug NuMfuUCwd;tl fuUrtY r;Cqr; fuUv bhFt stY ytihgnrfURmbIIcfUfUtu=ug NuMOOyrCgr; muJneyrCu; ntudt simt rdhJe hFudY btt fuUbqt rJtuF byk;rJo ni ytihrdhJehFudY btt fuUbqt rJtuF fuUy"el Ctrh; rdhJehFu dY btt h............................ fUefwUt }UK mebt mrn; W; Jr"o; mwrJ"tytfuUrtY ;:t W"thfU;totht cfUfUtur=Y stl uJttumCebqt"l YJkrdhJehFudY btt fuUbqt rJtuF brJrl r=o =hvhgt cfUtht W"thfU;tofUtumbg-mbg vhmqra; fUestl uJtteyg =hgt =htvhgts mrn; Cwd;tl fuUrtY ;:t rdhJe hFudY btt fuUbqt rJtuF tht gt RmrJtuF tht m]rs; r;Cqr; fuUvrhGK, mkhGK, r;hGt gt rl vt=l nu;wCwd;tl fUe;theF ;fUcfUtht Wvd; ttd;, CthYJkFaofuUrtY Ce:b CthfuUv bcfUfuU vGbr;Cqr; ntduytihrdhJehFudY btt fuUbqt rJtuF fUt gn y:otdtgt stYdt YJkgn mbSt stYdt btl tuWmbWrtrF; yr"fU;b }UK mebt h................................ fuUc=tuh. ................................ ni ytih gn rfUrdhJe hFudY btt fuUbqt rJtuF bfUn Ce fUx ntul uJttuN=YJkykfU II(hvgu...................................................) h. ......................................OORmfUthN=YJkykfU II(hvgu...................................................................) h. .........................................................OO tht r;:trv; rf Y stYkdubtl tuJuWmbbqt;&rtFudY ntytihgnrfUsimt yrCg; v muQvh Wvtk;rh; rfUgt dgt ni WmfuUrmJtg, rdhJehFudY btt fuUbqt rJtuF bg:tWvJrKo; YJkg:tyk;rJo mCe rl ck"l YJkN;uvqhe;hn J]t YJkCtJentde> NOW THIS DEED WITNESSES that pursuant to the said Agreement and in consideration of the Bank having granted andfor agreed to grant further accommodation to the borrower by way of cash creditfloan facilities by enhancing the maximum limit thereof from Rs. ...................... to Rs. ............................ the borrower hereby agrees that this Agreement shall be supplemental to the Principal Deed of Pledged Goods. AND THAT the borrower hereby pledges by way of First Charge in favour of the Bank the goods described in the Schedule hereto which shall include all products, goods and movable property of any kind belonging to the borrower which now or hereafter from time to time during this security shall be brought in, stored or be in or about the borrower's premises or godowns at ........................................................................... or wherever else the same may be as 233 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 security for the payment by the borrower to the Bank, of the balance due to the Bank at any time or ultimately on the closing of the said cash creditfloan Account AND THAT the expression ''the balance due to the Bank'' herein shall have the same meaning as contained in the Principal Deed of Pledged Goods AND the pledged goods charged under the Principal Deed of Pledged Goods shall constitute security in favour of the Bank by way of First Charge for the said enhanced facilities with the aggregate limit of Rs. ......................... and for payment by the borrower to the Bank of all principal monies together with interest at the rate specified in the Principal Deed of Pledged Goods or at such other rate or rates, as the Bank may notify to the borrower from time to time and also of costs, charges and expenses incurred by the Bank to the date of payment, for the preservation, protection, defence or perfection of the security created by the Principal Deed of Pledged Goods or by these presents and the Principal Deed of Pledged Goods shall be read and construed as if the maximum limit mentioned therein is Rs. ..................... in place instead of Rs. ..................... AND THAT the words and figures ``(Rupees ...........................................) Rs. ..........................'' wherever appearing in the Principal Deed of Pledged Goods shall be substituted by the words and figures ``(Rupees....................................................................) Rs. ............................'' as if the same were originally written therein AND THAT save as expressly modified as aforesaid all the terms and conditions set out and contained in the Principal Deed of Pledged Goods shall remain in full force and effect. Qvhrlr=o ylwmqae& THE SCHEDULE ABOVE REFERRED TO : ................................................................................................................................ ................................................................................................................................ ................................................................................................................................ RmfUemtGefuUv bW"thfU;tol uRmrJtuF fUtuWvrhrtrF; r=l , btn YJkJMobrl vtr=; rfUgt ni> IN WITNESSES WHEREOF the borrower has executed these presents, the day, month and year first above written. l tux &RmVUtbofuUrn=evtX murfUmefUthfuUJt=-rJJt=fuUWvl ntul ufUer:r; bRmfUt bqt ykd{use vtX netr"f]U; btl t stYdt> Note : In case of any controversy arising out of Hindi version of this Form, the original English version of it will be treated as authoritative. 234 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y-Sce A-SB r;Cqr; fuUv byr;rh; mkvrt fuUrclt }UK mebt/mwrJ"t b J]r fUhlufuUrtYbtt fUturdhJehFlunu;wvqhfUfUhthfUt VUtbo FORM OF SUPPLEMENTAL AGREEMENT TO PLEDGE OF GOODS FOR INCREASE IN LIMITJFACILITY WITHOUT ADDITIONAL PROPERTY AS SECURITY gn fUhthyts JMo20 .......... fuU..................................... bnel ufuU..........................................r=l fUtuYfUytuhe/eb;e/fwUbthe/bummo............................................................................................... (rsmuRmbRmfuUvat;TIIW"thfU;toOOfUnt dgt ni ytihRmyrCgr; bsc;fUmk=Cotht yvJrso; gt WmfuUrJh l ntu;c;fURmbWmfuUrl vt=fUYJkmbl w=urN;e/WmfuU/Wl fuUJtrhm, rl vt=fU, NtmfU, rJr"fU r;rl r", Wthtr"fUtheYJkmbl w=urN;eNtrbt mbSustYkdu) ytih=qmheytuhgqfUtucfUfuUcea, stucfUfUthe rJr" (mkNtu"l ) yr"rl gb, 198S tht g:tmkNtur"; cfUfUthefkUvl e(Wvf{btfUt yr"d{nK ytihyk;hK) yr"rl gb, 1970 fuUy"el drX; YfUrl drb; rl fUtg ni ;:t rsmfUt "tl fUtgtotg 10, rJ. ti. b. mhKe, fUtutfUt;t bYJkNtFt fUtgtotg yg :tl tfuUyttJt.............................................................. b ni (rsmuRmbRmfuUvat;TIIcfUOOfUnt dgt ni ytihRmyrCgr; bsc;fUmk=Cotht yvJrso; gt WmfuU rJh l ntu;c;fURmbWmfuUWthtr"fUtheYJkmbl w=urN;eNtrbt mbSustYkdu), rl vtr=; rfUgt st;t ni> This AGREENENT made this .......................................... day of .......................... 20 ........ BETWEEN Nr.fNrs.fNissfNfs. ................................................................................................... (hereinafter called ''the borrower'' which expression shall unless excluded by or repugnant to the context be deemed to include its executors and assignsfhisfherftheir heirs, executors, administrators, legal representatives, successors and assigns) of the One Part and UCO BANK, a body Corporate constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 as amended by the Banking Laws (Amendment) Act, 198S and having its Head Office at No. 10, B.T.N. Sarani, Kolkata and a Branch Office amongst other places at ............................................................................... (hereinafter called ''the Bank'', which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns) of the Other Part. aqkrfUcfUtht W"thfU;tofUtuh. ....................... (hvgu....................................................................) fUemebt ;fUl fU=e}UK/}UK mwrJ"t fuUv bmtifUgobksqhrf Y stl uytih/gt rf Y stl ufuUrtY mnb; ntul u fuUr;VUtJv W"thfU;tol ucfUfuUvGbJMo................. fuU........................................ bnel u 235 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 fuU...................................... r=l fUtubtt fUturdhJehFl umkck"efUhth(rsmuRmbRmfuUvat;TIIrdhJe hFudY btt fUt bqt rJtuFOOfUnt dgt ni) rl vtr=; fUhfuUrdhJehFudY btt fuUbqt rJtuF b(rsmuRmb RmfuUvat;TIIrdhJehFudYbttOOfUnt dgt ni) g:tWrtrF; yvl umCeJ;obtl YJkCtJextpfU;:t skdb mkvrt fUtubqt"l , gts, ttd;, CthYJkFaomrn; cfUfuUvtmfuUyvl uW; l fU=e}UK/}UK Ft;ubcfU fUtu;mbg =ug NuMfUemgfTUv muawfUti;ecfUfUtufUhl ufuUrtY r;Cqr; fuUv bcfUfUtuytihWmfuU vGbrdhJehFt ni> WHEREAS by an Agreement to Pledge of Goods dated, the .................................................. day of ..................................................... executed by the borrower in favour of the Bank (hereinafter called ``the Principal Deed of Pledged Goods'') the borrower in consideration of the Bank having granted andfor agreed to grant to the borrower accommodation by way of Cash Credi tfLoan faci l i ti es to the extent of Rs. ............................ (Rupees .............................................) pledged to and in favour of the Bank all the present and future stocks and movables of the borrower as mentioned in the Principal Deed of Pledged Goods (hereinafter called ''pledged goods'') as security for due repayment by the borrower to the Bank of the balance for the time being due to the Bank in the said cash creditfloan account of the borrower with the Bank inclusive of principal, interest, costs, charges and expenses. ytihaqkrfUW"thfU;tol ucfUmul fU=e}UK/}UK mwrJ"tytfUerJ btl mebt fUtuh.................................... muc\ZtfUhh.................................. fUhl ufUt yr;rh; mtifUgobksqhfUhl ufUt yl whtu" rfUgt ni rsmucfU, yg ct;tfuUmt:-mt:, RmbRmfuUvat;TWrtrF; rl ck"l YJkN;tuvh;:t W"thfU;totht Rmct; fUt fUhth rf Y stl uvh bksqh fUhl ufuUrtY mnb; nwyt ni rfUrdhJe hFudY btt l fuUJt h............................................... (hvgu......................................................................) fUerJ btl mebt crfUg:tWvrhrtrF; h. .............................. fUeJr"o; mebt fuUrtY, rsmubksqhfUhl ufUemnbr; =edRoni ;:t RmbRmfuUvat;TWrtrF; mCegts, ttd;, CthYJkFaoytihyg "l fuUrtY Ce, r;Cqr; ntdu> AND WHEREAS the borrower has requested the Bank to grant to the borrower further accommodation by way of cash creditfloan facilities by enhancing the existing limit thereof from Rs. ....................... to Rs. ....................... which the Bank has agreed to do on the terms and conditions, inter alia, as hereinafter appearing and on the borrower agreeing that the pledged goods shall constitute security not only for the existing limit of Rs. ........................ (Rupees ............................................) but also for the enhanced limit of Rs. ............................ agreed to be granted, as aforesaid and all interests, costs, charges and expenses and other monies, as hereinafter mentioned. 236 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 yc gnrJtuF gnmtrG; fUh;t nirfUW; fUhthfuUyl wmhK bcfUtht l fU=e}UK/}UK mwrJ"tytfUe yr"fU;b mebt fUtuh.............................. muc\ZtfUhh.................................. rf Y stl ufuUv b W"thfU;tofUtuyr;rh; mtifUgobksqhrf Y stl uytih/gt bksqhrf Y stl ufuUrtY mnb; ntul ufuUr;VUtJv W"thfU;toRmfuUtht fUhthfUh;t ni rfUgn fUhthrdhJehFudY btt fuUbqt rJtuF fUt vqhfUntudt ytihrdhJe hFudY btt fuUbqt rJtuF fuUy"el Ctrh; rdhJehFudY btt h. ........................... fUefwUt }UK mebt mrn; W; Jr"o; mwrJ"tytfuUrtY ;:t W"thfU;totht cfUfUtur=Y stl uJttumCebqt"l YJkrdhJehFu dY btt fuUbqt rJtuF brJrl r=o =hvhgt cfUtht W"thfU;tofUtumbg-mbg vhmqra; fUestl uJtteyg =hgt =htvhgts mrn; Cwd;tl fuUrtY ;:t rdhJehFudY btt fuUbqt rJtuF tht m]rs; r;Cqr; fuU vrhhGK, mkhGK, r;hGt gt rl vt=l nu;wCwd;tl fUe;theF ;fUcfUtht Wvd; ttd;, CthYJkFaofuU rtY Ce:b CthfuUv bcfUfuUvGbr;Cqr; ntduytihrdhJehFudY btt fuUbqt rJtuF fUt gn y:otdtgt stYdt YJkgn mbSt stYdt btl tuWmbWrtrF; yr"fU;b } U K mebt h............................................ fuUc=tuh. .......................................... ni ytihgnrfUrdhJehFu dY btt f uU bqt rJtuF b f Un Ce f Ux ntul uJttu N= YJk ykf U II(hvgu.....................................................................) h....................................OORmfUthN= YJkyk fUII(hvgu..................................................................) h.............................OOtht r;:trv; rf Y stYkdubtl tuJuWmbbqt;&rtFudY ntytihgnrfUsimt yrCgr; v muQvhWvtk;rh; rfUgt dgt ni WmfuUrmJtg, rdhJehFudY btt fuUbqt rJtuF bg:tWvJrKo; YJkg:tyk;rJo mCerl ck"l YJkN;uvqhe ;hn J]t YJkCtJentde> NOW THIS DEED WITNESSES that pursuant to the said Agreement and in consideration of the Bank having granted andfor agreed to grant further accommodation to the borrower by way of cash creditfloan facilities by enhancing the maximum limit thereof from Rs. ...................... to Rs. ............................ the borrower hereby agrees that this Agreement shall be supplemental to the Principal Deed of Pledged Goods and the pledged goods charged under the Principal Deed of Pledged Goods shall constitute security in favour of the Bank by way of First Charge for the said enhanced facilities with the aggregate limit of Rs. ......................... and for payment by the borrower to the Bank of all principal monies together with interest at the rate specified in the Principal Deed of Pledged Goods or at such other rate or rates, as the Bank may notify to the borrower from time to time and also of costs, charges and expenses incurred by the Bank to the date of payment, for the preservation, protection, defence or perfection of the security created by the Principal Deed of Pledged Goods and the Principal Deed of Pledged Goods shall be read and construed as if the maxi mum l i mi t menti oned therei n i s Rs. ..................... i n pl ace i nstead of Rs. ............................... AND THAT the words and fi gures 237 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 ``(Rupees ............................................) Rs. ..........................'' wherever appearing in the Principal Deed of Pledged Goods shall be substituted by the words and figures ``(Rs. ............................) Rs. ............................'' as if the same were originally written therein AND THAT save as expressly modified as aforesaid all the other terms and conditions set out and contained in the Principal Deed of Pledged Goods shall remain in full force and effect. RmfUemtGefuUv bW"thfU;tol uRmrJtuF fUtuWvrhrtrF; r=l , btn YJkJMobrl vtr=; rfUgt ni> IN WITNESSES WHEREOF the borrower has executed these presents, the day, month and year first above written. l tux &RmVUtbofuUrn=evtX murfUmefUthfuUJt=-rJJt=fuUWvl ntul ufUer:r; bRmfUt bqt ykd{use vtX netr"f]U; btl t stYdt> Note : In case of any controversy arising out of Hindi version of this Form, the original English version of it will be treated as authoritative. 238 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y/ A 9 gq fUtucf UCO BANK btkd lfU= }UK fUtumkhrG; fUhlufuUrtY J;wytfUtu=]rck"fUfUhlt HYPOTHECATION OF GOODS TO SECURE A DEMAND CASH CREDIT mk......................................... htrN h............................................ No. Amount Rs. l tb................................................................................................................................................... Name gq fUtucfUl u(rsmuRmbRmfu Uvat;TIIcfUOOfUnt stYdt)............................................................ ...................................................................................................................................................... fu U yl whtu" vh (rsnRmbRmfuUvat;TIIW"thfU;toOOfUnt stYdt) cfUfUe crngtb..................... ............................................................................................................................ bYfUl fU=e}UK Ft;t.................................................................................................................................................. ...................................................................... hvgufUe }UK mebt fuUrtY W"thfU;tofuUl tb mu Ftutt ni gt Ftutl ufUe mnbr; =e ni stu;c ;fUJ]t hnudt sc ;fUcfUtht c= l n rfUgt st;t, mt: ne WmucfUfuUvtm=]rck"fUfUe dRoJ;wyttht mkhrG; rfUgt stYdt>cfUytih W"thfU;tofuUcea (W"thfU;tomkgw;<ytih v]:fU;&mnb; n) Y;=Ttht rl l fUth mumnbr; nwRo& UCO Bank (hereinafter called the Bank) having at the request of ...................................... ...................................................................................................................................................... (hereinafter called the Borrowers) opened or agreed to open in the Books of the Bank at ............................................................................................................................... a Cash Credit Account to the extent of Rupees ................................................................................................ ....................................................................................................................................................... with the Borrowers to remain in force until closed by the Bank and to be secured by goods to be hypothecated with the Bank, it is hereby agreed between the Bank and the Borrowers (Borrowers agreeing jointly and severally) as follows : 1. W"thfU;toY;=Ttht yl wmqae bmtbtg N=tbJrKo; J;wyt(rsnRmbRmfuUvat;T I=]rck"fUJ;wYOfUnt dgt ni) fUtucfUfuUvG b=]rck"fUfUh;un<I=]rck"fUJ;wYON= b W"thfU;tofuUJumthuWvt=, btt YJkmCefUth fUe at mkvrt mrbrt; n stuRmr;Cqr; fuU=tihtl W"thfU;tofuU..................................................................................................................................... r:; vrhmh gt dtu=tb byCe gt RmbRmfuUvat;Tmbg-mbg vh ttY stYkdu, mkd]ne; rfY stYkdu 239 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 gt WmbWmfuUytm-vtmntdugt fUn ytih ntdu;:t JuW"thfU;tofuUgntkcfUfUe rfUme Ce mbg gt W; l fU=}UK Ft;ufuUck=rfY stl ufuUmbg cfUtgt htrN fuUCwd;tl fuUrtY ytih RmfuUFkz 13 bWrrF; mCe }UKtYJk=ug;tytfuUCwd;tl fuUrtY r;Cqr; fuUv bhFustYkdu>RmfUhth bYJkWmfuUWthJseoFkz bIcfUfUe cfUtgt hfUbOyrCgr; bW; l fU= }UK Ft;uvh mbg- mbg vh cfUtgt bqt"l YJkWmvh gts, stuRmbRmfuUvat;TWrrF; =h vh htus-htus vrhfUrt; rfUgt stYdt ytih JumCe Cth YJkFaomrbrt; n rsncfU=]rck"fUfUe dRoJ;wytfuUmkck" bgt Wl fUe rcf{e gt rl vxtl fUhl uvh gt Wmvh rfUme fUth fUe cebt sturFb fUtufUJh fUhl uvh, rsmbytd, atuhe, ctJt ytih rmrJt yNtkr; Ntrbt n, Wvd; fUh;t ni gt Wl fUt Cwd;tl fUh;t ni> The Borrowers hereby hypothecate in favour of the Bank the goods described in general terms in the Schedule (hereinafter referred to as the hypothecated goods) which expression shall include all products, goods and moveable property of anykind belonging to the Borrowers which now or hereinafter from time to time during this security shall be brought in, stored or be in or about the Borrowers premises or godowns at ...................................... ........................................................................................................................................................ or wherever else the same may be as security for the payment by the Borrowers to the Bank of the balance due to the Bank at any time or ultimately on the closing of the said Cash Credit Account and for the payment of all debts and liabilities mentioned in the 13th Clause hereof. The expresseion the balance due to the Bank in this and the subsequent Clause of this Agreement shall be taken to include the principal moneys from time to time due on the said Cash Credit Account and also all interest thereon calculated from day to day at the rate hereinafter mentioned and the amount of all charges and expenses which the Bank may have paid or incurred in any way in connection with the hypothecated goods or the sale or disposal thereof or in covering any type of insurance risk thereon including fire, burglary and riot and civil commotion risks. 2. gn rfU=]r ck"fUfUe dRoJ;wYkytih Wl fUe rcf{e, Jmqte YJkcebt mutt mCe ytg fUtucfUfUe yl g mkvrt fuUv bRmr;Cq; fuUmt: rJNuMv murJrl gturs; fUhfuUhFt stYdt ytih W"thfU;tol ;tuWl fUtugt Wl fuUrfUme Ctd fUtuCtrJ; fUhl uJttt fUtuRock"fU, Cth, rtgl gt }UKCth rl rbo; fUhudt ytih l ne Yumt fUtuRofUtgofUhudt stuRmr;Cqr; vh r;fqUt CtJ zttu;:t W"thfU;to=]rck"fUfUe dRoJ;wytfUtuyvl ugJmtg fUe mtbtg rf{gt fuUy;do; rcf{e fUhl uytih RmbRmfuUvat;TstutJ"tl rfY dY n Wl r:r;gtfUtuAtu\zfUh, yvl umuytd l n fUhudt ytih l ne cfUfUe ytuh murcf{e fuUmc" brtrF; v mubl tne rfY stl uvh Wl fUe rcf{e fUhudt> That the hypothecated goods and all sales, realisation and insurance proceeds thereof shall be held as the banks exclusive property especially appropriated to this security and the Borrowers will not create any mortgage, charge, lien or encumbrance affecting the same or any part thereof nor do anything which would prejudice this security and the 240 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Borrowers shall not part with the hypothecated goods save by way of sale in the ordinary course of the Borrowers business and as hereinafter provided nor shall any sale be made after prohibition in writing from the Bank against selling. 3. gn rfUW"thfU;tocfUfUe vqJoJef]Ur; fuUmt: =]rck"fUfUe dRoJ;wytgt Wl fuUrfUme Ctd fUturfUme Ce v bmbg-mbg vh cual ugt rl vxtl ufuUrtY J;kt ntudt cN;uoWl J;wyt fUt Wa bqg W; Ft;ubsbt fUh r=gt stY gt Rmb=e dRomqae bWrrF; J;wytgt Wl b murfUme J;wfUe mbtl f]Ur; ytih mbtl bqg fUe J;wYkcfUmurtrF; yl wbtu=l tt fUhl ufuU ct= RmfUth mucuse dRogt rl vxtRodRoJ;wytfuU:tl vh hFe stY> That the Borrowers shall with previous consent of the Bank bet at liberty from time to time to sell or dispose of in any manner the hypothecated goods or any part thereof provided the advanced value of such goods is paid into the said account or goods of a similar nature to those mentioned in the Schedule hereto, or any of the same, and of at least equal value, are substituted for the goods so sold, or disposed or after approval of the bank obtained in writing. 4. W"thfU;tombg-mbg vh ytih mCe mbg cfU, WmfuUYsxt;:t fUboatrhgtfUtuWmdtu=tb gt vrhmh bJuN fUhl ufUe yl wbr; =udt sntk=]rck"fUfUe dRoJ;wYkgt Wl fUt fUtuRoCtd Wmmbg hFt dgt ntuytih mt: ne Wl fUtu=uFl u, Wl fUt rl heGK YJkbqgtkfUl fUhl uytih Wl fUe mqae tt fUhl u fUe yl wbr; =udt YJkcfU;:t WmfuUfUboatrhgtfUtuRmgtusl nu;wmCe fUth fUe g:tvurG; mwrJ"tYk =tl fUhudt> The Borrowers shall permit the Bank, their agents and servants from time to time and at all times to enter upon any godown or premises wherein the hypothecated goods or any part thereof may for the time being be and to view, inspect and value the same and take inventories thereof and render to the Bank and their servants all facilities as may be required for any of the purposes aforesaid. 5. W"thfU;toWm dtu=tb YJkvrhmh fUt mCe rfUhtgt, Wv-NwfU, fUh YJkyg FatufUt Cwd;tl XefUmbg fUh fUhudt snt=]rck"fUfUe dRoJ;wYkhFe stYde ytih Wnytv=t mubw; hFudt> The Borrowers shall punctually pay all rents, rates, taxes and other out-goings of the godown and premises wherein the hypothecated goods shall be stored and keep the same free from distress. 6. gn rfUW"thfU;to=]rck"fUfUe dRoJ;wcfUtht yl wbtur=; rfUme cebt fUtgtotg bcfU fuUl tb muYJkYfUbtt Wme fuUVUtg=ufuUrtY Yl fuUmkvqKoctsth bqg fuUrtY ytd fUe sturFb fuU rJh cebt fUhtYdt ytih W"thfU;tobtkd rf Y stl uvh cfUfuUvG bWmfuUvqhuttC fuUrtY v]tkrfU; 241 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 YJkmbl w=urN; WmfUe mCe vtprtrmgtfUtuYJkWmcebt fuUrtY r=Y dY erbgb fUe hme=tfUtucfU fuUmwvw=ofUhudt>gr= btkd rfY stl ufuU;el r=l fuUct= Ce W"thfU;toRmfUth fUt cebt fUhtl ub gt simt rfUQvh fUnt ni, rJr"J;Tv]tkrfU; vtrtme gt erbgb fUe hme=tfUtumwvw=ofUhl ubymVUt hn;t ni ;tucfUfUtuRmct; fUe Aqx ntude rfUJn W"thfU;tofuUFaovh RmfUth fUt cebt fUhtY, ntttkrfUYumt fUhl ufuUrtY Jn ctg l n ni>W"thfU;toRmct; fuUrtY Ce mnbr; =u;t ni rfUcfU yvl urJJufUtl wmth (Yumt fUhl ufuUrtY ctg nwY rcl t) rfUme Ce mbg r;Cqr;gttfUtuctJt YJk rmrJt yNtkr; fUe sturFb gt =qmhufUth fUe cebt sturFb fuUrJh Wl fuUmkvqKoctsth bqg fuUrtY W"thfU;tofuUFaovh rfUme Ce cebt fkUvl e bcebt fUhl tufuUrtY J;kt ntudt> That the hypothecated goods shall be insured against Fire risk by the Borrowers in some Insurance office or offices approved by the Bank and in the name and for the sole benefit of the Bank for their full market value and that the Borrowers will on demand deliver to the Bank all policies for and the receipts for premia paid on such insurance endorsed and assigned with the full benefit thereof in favour of the Bank. Should be Borrowers fail to so insure or fail to deliver the policies or receipts for premia duly endorsed as aforesaid three days after demand the Bank shall be at liberty, though not bound to effect such insurance at the expenses of the Borrowers. The Borrowers further agree that the Bank shall be at liberty at any time at its discretion (without being bound to do so) to insure the securities for their full market value against riot and civil commotion risk or any other type of insurance risk at the expenses of the Borrowers with any Insurance Comapny. 7. gn rfUQvh fUnudY yl wmth RmcefUt fuUy"el tt mCe htrNgtfUt Wvgtud Wm mbg cfUfUe cfUtgt htrN fuUvrhmbtvl nu;wrfUgt stYdt ytih gr= fUtuRohtrN ca st;e ni ;tu WmfUt Wvgtud Rmbr=Y dY Fkz 13 fuUtJ"tl fuUyl wmth rfUgt stYdt> That all sums received under any such insurance as aforesaid shall be applied in or towards the liquidation of the balance due to the Bank for the time being and in the event of their being a surplus the same shall be applied s provided by the 13th Clause hereof. 8. gn rfUW"thfU;to=]rck"fUfUtudRoJ;wytfUt mkvqKorJJhK YJkWl fUe ttd; fUe rJJhKe ytih ctsth bqg mrn; Wl fUt vqht rJJhK cfUfUtu=udt ;:t Wl fuUmb:ol bWl mtgtfUtu;w; fUhudt rsncfUmbg-mbg vh btkdu, mt: ne cfUfuUvG b=]rck"fUfUe dRoJ;wytfuUmbg-mbg vh ctsth bqg YJkWmmbg cfUfUe cfUtgt htrN fuUcea............................................... r;N; fUt btrsol cl tY hFudt>gn btrsol =]rck"fUfUe dRoJ;wytfuUmbg-mbg vh cfUtht g:trl "torh; Fwtuctsth-bqg fuUyt"th vh vrhfUrt; fUe stYde ytih gr==]rck"fUfUe dRoJ;wytfUt Wmmbg fUt ctsth bqg cfUfUe cfUtgt htrN YJkQvh vrhfUrt; rfY dY yl wmth btrsol htrN fuUfwUt gtud mufUb ntu;t ni ;tuW"thfU;togt ;tucfUtht rtrF; v byl wbtur=; yr;rh; J;wytfUtu =]rck"fUfUhfuUgt l fU= Cwd;tl fUhfuUWmbtrsol fUtucl tY hFudt> 242 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 The the Borrowers shall make and furnish to the Bank all statements and returns of the cost and market value of the hypothecated goods and a full description thereof and produce such evidence in support thereof as the Bank may from time to time require and shall maintain in favour of the Bank a margin of .................... per cent, between the market value from time to time of the hypothecated goods and the balance due to the Bank for the time being. Such margin shall be calculated on the open market value of the hypothecated goods as fixed by the Bank from time to time and shall be maintained by the Borrowers either by the hypothecation of ruther goods to be approved by the Bank in writing or by cash payment by the Borrowers immediately on the market value for the time being of the hypothecated goods becoming less than the aggregate of the balance due to the Bank plus the amount of the margin as calculated above. 9. gn rfUW; }UK Ft;uvh cfUtgt htrN fuUrtY gts =irl fUNuMvh Cth;eg rhsocfU fUe=h mu..................... rN; r;JMoyr"fUfUe=h vh, stugql ;b........................ r;N; r;JMo ntude, .........................yk;qtt vh cfUfuUvG b;c ;fUvrhfUrt; YJkCtrh; rfUgt stYdt sc ;fUcfUtgt }UK rJr"J;Tvrhmbtt l n ntust;t ytih cfUtht sc fUCe btkdt stYdt W"thv;to WmfUt Cwd;tl fUhdu>vhk;wrVUh Ce cfUJrJJufUtl wmth W"thfU;tofUtumqal t =ufUh gt Cth;eg rhsJo cfUtht mbg-mbg vh sthe rfY stl uJtturl =uNtfuUyl wmth Wvgwo; gts fUe =h fUe mkNtur"; fUh mfU;t ni gt c\Zt mfU;t ni ytih W"thfU;toRmfuUtht gts fUe =h bRmfUth rfY stl uJttu mkNtu"l YJkJ]r fuUr; yvl e mnbr; =tl fUh;un ;:t Rmmnbr; fUt gn y:otdtgt stYdt btl tuRmfUth mumkNtur"; gt Jr"o; gts-=h fUt WuF RmfUhth brfUgt dgt :t ytih W"thfU;to WmfUt Cwd;tl fUhl ufuUrtY mnb; :uytih RmfuUtht gn mwhrG; ni> That interest at the rate of ................ per cent per annum above the Reserve Bank of India rate subject to a minimum of .................... per cent per annum with ................... rests shall be calculated and charged on the Daily balance in the Banks favour due upon the said Cash Credit Account until the same is duly liquidated and shall be paid by the Borrowers as and when demanded by the Bank. Provided however that the above rate of interest may be revised or increased by the Bank either in its sole discretion of which notice shall be given to the Borrowers or in accordance with the directives of Reserve Bank of India issued from time to time and the Borrowers hereby agree to such revision and increase in the rate of interest and this Agreement shall be construed as if such revised or increased rate of interest were mentioned herein and agreed to be paid by the Borrowers and are hereby secured. 10. gn rfUcfUtht btkdustl uvh W"thfU;toWml fU= }UK Ft;uvh cfUfUe Wmmbg cfUtgt htrN ;:t Qvh WrrF; =h vh mCe yr;rh; gts fUt YJkCwd;tl fUe ;theF ;fUmCe yr;rh; Ctht;:t FatufUt (gr=fUtuRontu) Cwd;tl fUhdu, vhk;wRmFkz bWrrF; rfUme ct; b 243 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 gn l n mbSt stYdt rfUJn cfUfUtu=ug gts mrn; NuMhtrN fUtuAtu\zfUh Qvh WrrF; =h vh mmbg =ug Cwd;tl fUe btkd fUhl umucfUfUtuhtufU;e ni> that on demand by the Bank the Borrowers shall pay to the Bank the balance then due to the Bank on the Cash Credit Account together with all further interest at the rate above mentioned and the amount of all further charges and expenses (if any) to the date of payment provided that nothing herein this Clause contained shall be deemed to prevent the Bank from demanding payment of the interest for the time being due at the above mentioned rate without at the same time demanding payment of the balance due to the Bank exclusive of such interest. 11. RmrJtuFtfuUy"el Cwd;tl fUhl ubW"thfU;togr= aqfUfUh;un gt Rl rJtuFtfuU rfUne rl ck"l tgt N;tufUtuCkd fUh;un ;tucfU, Wl fuUyr"fUtrhgtytih YsxtfUtuhn yr"fUth ntudt rfUJuW"thfU;tofUtul turxmr=Y rcl t turfUl W"thfU;tofuUne sturFb YJkFaovh ytih gr= she ntu;tuW"ttfU;tofUe ytuh muYJkWl fuUl tb muyxl eofuUv bsntkvn Ce =]rck"fUfUe dRo J;wYkhFe nt, JntkJuN fUhytih Wvr:; hnytih Wl fUt yr"d{nK fUh, chtb=fUhytih tt fUh ytih/gt ckfUfuUrfUme yr"fUthe gt rfUn yr"fUtrhgtfUtu=]rck"fUfUe dRoJ;wytfUt rhmeJh rl gw; fUhytih/gt =]rck"fUfUe dRomCe J;wytgt Wl fuUrfUme Ctd fUtumtJosrl fUl ettbe gt tRJux mkrJ=t tht gt yg ;hefuUmurcf{e fUhytih vqJofUr:; rfUn yr"fUthtfUtuJr;o;, fUtgtorJ;, mbtt fUhytih sturFb bztuturfUl JuRl yr"fUthtfUt gtud fUhl ufuUrtY ctg l n ntduytih l ne Rl yr"fUthe fuUgtud munwRoGr; fuUrtY rsbu=th ntduytih l ne RmmuW"thfU;tofuUrJh ct= =tgh fUhl ufuUcfUfuUyr"fUthtytih Wvathtvh ytih l ne RmfUth fUe rcf{e munwRoytg fUt Wvgtud aufUfUe cfUtgt htrN fuUvrhmbtvl fuUrtY fUhl ufuUcfUfuUyr"fUthtvh r;fqUt CtJ v\zudt, ytih W"thfU;toY;=Ttht rcf{e gt WmmunwRotrt fuUcfUfuUtuFufUtubtl l ufuUrtY ;:t Wmb fUtuRogql ;t gt fUbe r=FtRov\zu;tuWmfUt Cwd;tl fUhl ufuUrtY mnb; ni> In derault of payment by the Borrowers in terms of these presents or in the event of the Borrowers committing a breach of any of the terms and conditions of these presents, the Bank and their Officers and Agents shall be entitled without notice to the Borrowers but at the Borrowers riks and expenses and if so required as attorneys for and in teh name of the Borrowers to enter and remain at any place where the hypothecated goods shall be and to take possession of, recover and receive the same and/or appoint any officer or officers of the Bank as receiver or receivers of the hypothecated goods and/or sell by public auction or private contract or otherwise dispose of or with all or any part of the hypothecated goods and to enforce, realise, settle, compromise and deal with any of the rights aforesaid without being bound to exercise any of these powers or being liable for any loss in the exercise thereof and without prejudice to the Banks rights and remedies of suit against the Borrowers and to apply the net proceeds of such sale in or towards liquidation of the balance due to 244 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 the Bank and the Borrowers hereby agree to accept the Banks account sales or realisation and to pay any short-fall or deficiency therein shown. 11(fU) gn rfUcfUtht W"thfU;toytfUtu=e stl uJtte }UK/yrd{btfUe vqJoN;ofuUv bW"thfU;toRmfuUtht Rmct; vh mnbr; g; fUh;un rfUW"thfU;to}UK/yrd{btfUe yl tgde b y:Jt Wl vh gts y:Jt =ug ;theF fUturfUme mb; rfU; fUe y=tgde baqfUfUh;tucfU ytih/y:Jt Cth;eg rhsJocfUfUturcl t N;ogn yr"fUth ntudt rfUJuWl fuUy:Jt Wl fUe fkUvl e/VUbo/ gq rl x ytih Wmfu Url =u NfUt /Ctde=tht /Jtrbgtfu Ul tb cfUy:Jt Cth;eg rhsJocfUyvl uvq KorJJu fUtr"fUth musimt XefUmbSufUx gt fUtrN; fUh mfU;un> 11(a) That the Borrowers hereby agree as a pre-condition of the loan/advances given to them by the Bank that in case the Borrower commit default in the repayment of the loan/ advances or in the repayment of interest thereon or any of the agreed instalment of the loan on due date/s, the Bank and/or the Reserve Bank of India will have an unqualified right to disclose or publish their names or the name of their company/firm/unit and its directors/ partners/proprietors as defaulter in such manner and through such medium as the Bank or Reserve Bank of India in their absolute discretion may think fit. 12. gn rfUgr=RmfUth fUe rcf{e mutt Nw htrN Wmmbg cfUfUtucfUtgt NuMhtrN fUtuvqht fUhl ufuUrtY yvgto; ni ;tucfUfUtugn Aqx ntude rfUJn W"thfU;toytbmurfUme YfU gt YfUmuyr"fUfUe cfUfuUvtmsbt rfUme htrN gt htrNgtfUtuWvgtud cfUfUe Wmmbg cfUtgt htrN fuUCwd;tl fuUrtY fUhytih gr=cfUfuUvtmRmfUth fUe fUtuRohtrN l n ntugt Ju htrNgtkCe cfUtgt htrN fuUvqKoCwd;tl fuUrtY yvgtot nt;tuW"thfU;toRmfuUtht cal =u;un YJk fUhth fUh;un rfURmbRmfuUvat;TJ;eoFkz 14 fuUyl wmth YfUtuFt ;igth fUh YJkn;tGh fUh W"thfU;tofuUmbG ;w; rfY stl uvh Juyr;rh; cfUtgt htrN fUt Cwd;tl fUhdu>vhk;wgn nbuN rfURmbyk;rJo rfUme ct; fUt gn y:ol n ntudt rfUmCe gt rfUn =]rck"fUJ;wytfUe rcf{e l n ntul uvh Ce W"thfU;tofuUvtmW; l fU=e }UK Ft;uvh cfUfUtuWmmbg cfUtgt htrN fUtu Jmqtl ufuUcfUfuUyr"fUth vh (stuY;=Ttht v;&fUhth fUe dRoni rfUcfUfUt ntudt) l fUthtbfU CtJ v\zudt gt Wmur;fqUt v muCtrJ; fUhudt> That if thenet sum realiwed by such sale be insufficient to cover the balance then due to the Bank, the Bank shall be at liberty to apply any other money or moneys in the hands of the Bank standing to the credit of or belonging to the Borrowers or any one or more of them in or towards payment of the balance for the time being due to the Bank and in the event of there not being any such money or moneys as aforesaid in the hands of the Bank or in the event of such money or moneys being stll insufficient for the discharge in full of such balance the Borrowers promise an agree fothwith on production to them of an account to be prepared and signed as in 14th Clause hereinafter provided to pay further balance 245 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 which may appear to be due by the Borrowers thereon PROVIDED ALWAYS that nothing herein contained shall be deemed to negative, qualify or otherwise prejudicially affect the right of the Bank (which it is hereby expressly agreed the Bank shall have) to recover from the Borrowers the balance for the time being remaining due from the Borrowers to the Bank upon the said Cash Credit Account notwithstanding that all or any of the hypothecated goods may not have been realised. 12.(fU) cfUfUtu=ug ;:t cfUtht tt fUtuRoCehtrN Yumuyl wf{b byl wgw; ntudt simurfU cfUmbg-mbg vh yvl umvqKorJJufUmuyr;b v murl "torh; fUhu(RmfuUyr;rh;, cfUsimu mbg-mbg vh rl "torh; fUhu, Rmu;c ;fU;:t rsmv batnuWaks Ft;ubsbt hF mfU;t ni) Wvgwo; fuUvqJtod{n fuUrcl t, tt fUe dRohtrN fUt rJrl gtud rl l rtrF; v bntudt& i) :b;&rl Keo; nstol t YJkydtt gts (yCtrh; gts mbu;) fuUr; ii) r;eg, Ctrh; gts fuUr; iii) ;];eg;&ttd;, Cth ;:t cfUtht WXtY dY F;tufuUr;, ;:t iv) ytrFh b, bqt =ug htrN fuUr; 12(a) Any money due and payable to the Bank and received by the Bank shall be applied in such order as the Bank in its absolute discretion may from time to time conclusively determine (save that the Bank may credit the same to a suspense account for solong and in such manner as the bank may from time to time determine). Without prejudice to the above, the monies received shall be appropriated in the following manner : i) Firstly, towards liquidated damages and further interest (including uncharged interest); ii) Secondly, towards interest charged; iii) Thirdly, towards costs, charges and expenses incurred by the Bank; and iv) Lastly, towards the principal amount due. 13. gn rfURmfUth fUe rcf{e munwRoNw ytg mucfUfUe cfUtgt htrN fUt vqht Cqd;tl fUhl ufuUct= Ce Ft;ubW"thfU;toytbmurfUme YfUgt YfUmuyr"fUfUe stuCe htrN gt htrNgtkntuWl fUt Wvgtud dwl mCe gt rfUn htrNgtfuUCwd;tl gt vrhmbtvl nu;wfUhstuW"thfU;toyt bmurfUme YfUgt YfUmuyr"fUfuUvtmyfuUtugt rfUn yg gr; gt gr;gt, VUbtugt fkUvrl gtfuUmt: mkgw; v mu}UK, Cwl tY dY rct, mtVU-vt, dthkxe, Cth gt rvn yg }UK gt =ug;tytfuUv bcfUtgt ntursl brct, l tux, }UK ytih Yume yg =ug;tYkNtrbt n stuattqnt, 246 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 fUhk;wWmmbg cfUtgt gt =ug l n ntgt W"thfU;togt Wl bmurfUme YfUgt YfUmuyr"fUmu cfUtht fUe dRoYume btkd Ce Ntrbt n stuJi" gt gtgtura; ntd gt rsmuytvme }UK fuUbwsht (mux ytpVU) fuUrl gb tht rfUme btbtubJefUth rfUgt dgt ntuytih atnuW"thfU;togt Wl bmu fUtuRoYfUgt YfUmuyr"fUNtu"l yGb gt r=Jtrtgt gthrl Keo; ntu;untgt rfY st;untgt vrhmbtvl fUe r:r; gt yg rfUme r:r; bntytih Wl mCe gt rfUn yrd{b gt yrd{btfUe JtJ; Wm;theF mugts Jmqt fUhursmu;theF fUtuyrd{b =tl rfY dY :u;:t WmfUe =hJne ntde stuRmyrd{b fuUmkck" brl "torh; :> That in the event of there being a surplus available of the net proceeds of such sale after payment in full of the balance due to the Bank it shall be lawful for the Bank to remain and apply the said surplus together with any other money or moneys belonging to the Borrowers or any one or more of them for the time being in the hands of the Bank in or under whatever account as far as the same shall extend against, in or towards payment or liquidation of any and all toehr moneys which shall be or may become due from the Borrowers or any one or more of them whether solely or jointly with any other person or persons, firms of companies to the Bank by way of Loans, Discounted Bills, Letters of Credit, Guarantees, Charges or of any other debt or liability including Bills, Notes, Credits and other obligations current though not then due or payable or other demands legal or equitable which the Bank may the Bank may have against the Borrowers or any one or more of them or which the law of set-off of mutual credit would in any case admit and whether the Borrowers or any one or more of them shall become or be adjudicated bankrupt or insolvent or be in liquidation or otherwise and interest hereon from the date on which any, and all advance or advances in respect thereof shall have been made at the rate or respective rates at which the same shall have been so advanced. 13.(fU) sc ;fUrfUcfUfUtufwUt htrN fUt Cwd;tl l n rfUgt st;t ni atnuJn Cq;, J;obtl gt CrJg fUt ntu, Jt;rJfUgt ytfUrbfUntu, stu, W"thfU;totht =ug ntugt rsmfuUrtY W"thfU;to hntkRmfuUy"el gt yg:t =tge ntumfU;t ntuy:Jt ntuawfUt ntu;:t atnuJn "tl v bnt gt r;CqfuUv b, W"thfU;togn mnbr; =u;t ni rfUcfUfUe mCe r;Cqr;gtkytih/gt bwtYkstufwUA Ce ntsturfUme mbg cfUtht W"thfU;tofUe ytuh mugt WmfuUFt;ubrfUme v b, rfUme fUth mugt rfUme Ce W=T=ug mu"trh; fUe stYkde JucfUfuU"thKtr"fUth bntde ;:t/gt cfUfUtuWmfuU }UK Ft;ubmbksl fUhl ufUt vqKoyr"fUth ntudt>cfUfUtuW; r;Cqr; YJk/gt bwt bmu W"thfU;tofuU=trgJ gt =ug;t fUtuWbtura; fUhl ufUe ;:t begt=e sbtytfuUbtbtubatnuJn Cwd;tl fuUrtY vrhvJ nwyt ntuy:Jt l n, YJkW"thfU;tofUtumqra; rfY rcl t (;:t Jt= =tgh fUhl ugt rJr"fUrf{gt thkC fUhl ufuUvqJogt vat;T) rsmbstnurJrl gtusl y:Jt Jmqte fUe J;kt;t ntude>m=TCtJvqJofUytfUrt; htrN, stu=trgJ fUe htrN ntude, WmucfUmbkrs; fUh mfU;t ni> 247 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 13(a) Until payment is made to the Bank of all the amounts, whether past, present or future, actual or contingent, which may be payable by the borrower or for which the Borrower may be or become liable hereunder or otherwise and whether as principal or surety, the borrower agrees that the Bank shall have a lien and/or right of set off on all securities and/or monies whatsoever held at any time by the Bank on account of or to the credit of the Borrower in or for any account or manner or purpose howsoever. The Bank shall be at liberty to discharge the said obligations or liabilties of the borrower out of the said securities and/or monies, and in case of term deposits, whether the same have matured for payment or not, and may appropriate or realise them in the manner thought fit by it and without notice to the Borrower (and whether before or after filing suit or taking any legal proceedings). The Bank may set off an amount estimated by it in good faith to be the amount of that obligation. 13(F) W"thfU;tofUtur=Y stl uJttu}UK/yrd{b/yg dih-rl r" yt"trh; }UK mwrJ"tytfuUrtY YfUvqJoN;ofuUv bcfUfUtuW"thfU;tomuRmct; fUe mnbr; tt fUhl t she ni rfUJn W"thfU;totht tt fUe dRo/tt fUe stl uJtte }UK mwrJ"tytmumkckr"; mqal t ytih ytkfU\zt<W"thfU;to tht "trh;/"trh; fUe stl uJtte ;mkck"e mug;tytytih WmfuUvttl bW"thfU;totht fUe dRoaqfU (gr= fUtuRontu) fUtufUx fUh mfU;t ni> (i) ;=l wmth W"thfU;toY;=Ttht Jef]Ur; ytih mnbr; =u;t ni rfUcfUgr=Wra; ytih ytJgfU mbSu=tu}UK mqal t gqhtu(Cth;) rt. ytih RmfuUrtY Cth;eg rhsJocfUtht tr"f]U; rfUme yg Ysme fUturl l rtrF; mCe gt RmfUth fUtufUtuRoCe stl fUthe =umfU;t ni& fU) W"thfU;tofuUcthubmqal t ytih ytkfU\zt< F) W"thfU;totht tt fUe dRo/tt fUe stl uJtte }UK mwrJ"tytmumkckr"; mqal t gt ytkfU\zt, ytih d) Wl =trgJtfuUvttl bW"thfU;totht fUe stl uJtte aqfU, gr= fUtuRontu> (ii) W"thfU;togn DtuMKt fUh;t ni rfUWmfuUtht cfUfUtu=e dRomqal t ytih ytkfU\zt mg ytih mne ni> (ii) W"thfU;togn cal =u;t ni rf & fU) }UK mqal t gqhtu(Cth;) rt. ytih Rm;hn mutr"f]U; fUtuRoYsme cfUtht fUx fUe dRoW; mqal t ytih ytkfU\zt fUt Wvgtud ;:t mkmt"l fUh mfU;t ni<;:t F) }UK mqal t gqhtu(Cth;) rt. ytih Rm;hn mutr"f]U; fUtuRoYsme mkmtr"; mqal t ytih ytkfU\zt gt yvl utht rl rbo; WmfuUWvt=tfUtuCth;eg rhsJocfUtht RmfuU rtY rl r=o cfUt/rJteg mk:tytfUturJatht:o;w; fUh mfU;t ni> 13(b) As a pre-condition relating to grant of the loans/advances/other non-fund based credit facilities to the borrower, bank requires borrowers consent for the disclosure by the 248 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 bank of information and data ralating to the credit facility availed of/to be availed, by borrower, obligations assumed/to be assumed, by borrower, in relation thereto and default, if any, committed by borrower in discharge thereof. (ii) Accordingly, borrowers hereby agree and give consent for the disclosure by the Bank of all or any such; a) information and data relating to borrower; b) the information or data relating any credit facility availed of/to be availed, by borrower; and c) default, if any, committed by borrower in discharge to borrower such obligation, as the Bank may deem appropriate and necessary, to disclose and furnish to Credit information Bureau (India) Ltd., and any other agency authorised in this behalf by RBI. (iii) Borrowers declare that the information and data furnished by borrower to the Bank are true and correct. (iv) Borrowers undertake that : a) the Credit Information Bureau (India) Ltd., and any other agency so suthorised may use, process the said information and ata disclosed by the Bank; and b) the Credit Information Bureau (India) Ltd., and any other agency so authorised may furnish for consideration, the processed information and data or products thereof prepared by them, to banks/financial institutions and other credit guarantees, as may be specified by the Reserve Bank of India in this behalf. 14. W"thfU;toRmfUhth fuUy"el cfUtht cfUtgt fuUv b=tJt fUe dRorfUme htrN fUe mg;t fuUrl atgfUmbq; fuUv bcfUfUe tuFt crngtb;igth rf Y dY YJkmnt. ck"fUgt cfUtht rJr"J;Ttr"f]U; rfUme yg yr"fUthe tht n;tGrh; tuFt-rJJhK fUturcl t rfUme yg JtWah, =;tJus gt fUtdst; fuUJefUth fUhl ufuUrtY mnb; n> The Borrowers agree to accept as conclsuive proof fo the correctness of any sum claimed to be due from them to the bank under this Agreement a statement of account made out from the Books of the Bank and signed by the Asst. Manager or other duly authorised officer of the Bank without the production of any other voucher, document or paper. 249 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 15. gn rfURmfUhth fUt Wvgtud W; l fU= }UK Ft;ubmbg-mbg vh cfUfUtu=ug NuM htrNgt;:t =ug ntul uJttuyr;b NuM fUe r;Cqr; fuUv brfUgt stYdt ytih W; Ft;t Rm r;Cqr; fuUgtusl fuUrtY ck= l n mbSt stYdt ;:t =]rck"fUfUe dRoJ;wytfUe r;Cqr; fUtu rfUme Ce mbg gt mbg-mbg vh W; l fU= }UK Ft;ub}UK te dRohtrN muyr"fUhtrN sbt fUh =ul uy:Jt W; Ft;umu............................................................................................... hvgufUe mkvqKohtrN rl fUtt tul umumbtt l n btl t stYdt gr=WmbhtrN sbt fUh Wmuvwl &Ftutt dgt ntu> That this Agreement is to operate as security for the balance from time to time due to the Bank and also for the ultimate balance to become due on the said Cash Credit Account and the said account is not to be considered to be closed for the purpose of this security and the security of hypothecated goods is not to be considered exhausted by reason of the said Cash Credit Account being brought to credit at any time or from time to time or of its being drawn upon to the full extent of the said sum of Rs. .................................... if afterwards reopened by a payament to credit. 16. W"thfU;toY;=Ttht DtuMKt fUh;un rfU=]rck"fUfUe dRomCe J;wYkWl fUe ytgkr;fUmkvrt ni YJkWl fuUYfUbtt yr"fUth bni ;:t rfUme Ce fUth fuUvqJoCth YJkCth mubw; n ytih gn rfURmfuUy"el mCe CtJe J;wYkYJkmkvrt Wme fUth Wl fUe Cth hrn;, yggrl ; mkvrt cl e hnde ;:t W"thfU;tol uYumt fwUA l n rfUgt ni gt stl cqS fUh fUthK l n cl ugt vtxeogt mkmdeol n hnu rsmmurfUWn=]rck"rfU; J;wytfUtuWvhtu; her; mu=]rck"fUfUhl umuhtufUt stY ;:t W"thfU;to cfUfUe yvuGtl wmth yvl uFaovh cfUfuUvG b=]rck"fUfUe dRoJ;wytgt Wl fuUrfUme Ctd fUt cebt fUhtYkduYJkWl mCe fUtgtufUtufUhdusimt rfUcfUatnudt YJkW"thfU;toRl rJtuFtfUtuyAe ;hn J]t fUhl ufuUrtY cfUytih/gt Wl fuUyr"fUtrhgtfUtuW"thfU;tofuUrtY YJkWl fuUl tb mu;:t Wl fUe ytuh mufUtgofUhl ufuUrtY ytih Wl fUtgtufUtufUhl uytih cebt yrt= fUhl t fuUrtY stu W"thfU;tofUtuRl rJtuFtfuUy"el fUhl t atrnY, yxl eofuUv btr"f]U; YJkyvrhJ;ol eg v mu rl gw; fUh;un stuY;=Ttht r=Y dY yr"fUthtfUt gtud fUhl ufuUrtY mtbtg;&W"thfU;tofuUl tb fUt Wvgtud fUhdu> The Borrowers hereby declare that all the hypothecated goods are the absolute property of the Borrowers at the sole disposal of the Borrowers and free from any prior charge or encumbrance and that all future goods and property hereunder shall be likewise their unencumbered, undisposed property and that the Borrowers have not done or knowingly suffered or been party or privy to anything whereby they are in anywise prvented from hypothecating the hypothecated goods in manner aforesiad and that the Borrowers will do and execute at their costs all such acts and things for further and more particularly assuring the hypothecated goods or any part thereof to the Bank as shall be required by the Bank and for giving better efect to these presents the Borrowers authorise and irrevocably appoint the Bank and/or their officers as attorney and attorneys for and in the name of the Borrowers 250 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 to act on behalf of the Borrowers and to execute and do any act, assurance and thing which the Borrowers ought to execute and do under these presents are generally to use the name of the Borrowers in the exercise of the powers hereby conferred. 17. fUhk;wgn nbuNt rfUgn fUhth W"thfU;tofuUrJh cfUfuUyr"fUhtytih Wathtvh fUtuRo r;fqUt CtJ l n zttudt gr= cfUl uW"thfU;tofUtuRmfUhth murCt fUtuRoyg yrd{b r=gt ntu gt =ul uJttt ntu> Provided always that the Agreement is not to prejudice the rights or remedies of the Bank against the Borrowers irrespective and independent of this Agreement in respect of any other advance made or to be made by the Bank to the Borrowers. 18. gr= W"thfU;tofUtuRoVUbontugt VUbofUt m=g ntu;tuRmfUhth fuUttdqhnl ufuU=tihtl WmVUbofuUdXl brfUme Ce fUth fUt vrhJ;ol W"thfU;toytih/gt Wl bmurfUme YfUgt YfUmu yr"fUfuU=trgJtfUtufUb gt Wbtura; l n fUhudt> In case the Borrowers shall be a firm or members of a firm no change whatsoever in the constitution of such firm, during the continuance of this Agreement shall impair or discharge the liability of the Borrowers or any one or more of them thereunder. 19. W"thfU;toY;=Ttht, mhfUth tht vntumune gtrv; gt RmbRmfuUvat;Tgtrv; rf Y stl uJtturJrCt fkUx[tut yt=uNfuUmCe tJ"tl tfUtubtl l uYJkWl fUt vttl fUhl ufuUrtY fUhth fUh;u n YJkJal =u;un ytih JuRmct; fUt gtl hFdurfUWl tJ"tl tfuUWkDl mucfUfuUru;t vh rfUme fUth fUt r;fqUt CtJ l v\zu>W"thfU;toY;=Ttht mhfUth fuUfkUx[tut yt=uN gt rfUme yg yt=uN gt yl w=uN fuUrl ck"l tfuUyl wmth xtfUfUtuvrhrl "torh; fUhl ufuUrtY mnb; n> The Borrowers hereby agree and undertake to comply with all the provisions of the various Control Orders already promulgated or that may be promulgatged hereafter by the Government and shall see that the Banks interest are not in any way affected or prejudiced by infringing the provision thereof. The Borrowers hereby agree to liquidate the stocks in terms of Control Orders or any other Orders or instructions from Government. 20. W"thfU;torJrCt fkUx[tut yt=uNtbmhfUth tht rl "torh; vr; fuUyl wmth yvl uvtmhFu nwY xtfUfuUmkck" bsc fUCe btkd fUe stY, DtuMKt-vt ;w; fUhduytih WmDtuMKt-vt fUtucfU fUtumtivdursmmucfUfUtuRmfUth =]rck"fUrf Y dY xtfUfuUmkck" bDtuMKt-vt ;igth fUhl ub mwrJ"t ntude> The Borrowers shall submit Declarations in respect of stocks held by them as and when required and in teh form and manner prescribed by the Government in the various Control Orders and will hand over the Declaration to the Bank to enable them to prepare their Declaration as regards the stocks so hypothecated. 251 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 21. cfUyvl utht r=Y dY ytih/gt r=Y stl uJttumCe yrd{bt, Wl fuUgts, ttd;, Cth ytih FstufUeawfUti;efuUrtY JrJJufUtl wmth W"thfU;tofuUrl =uNfUt/ck"fUeg gr;gtmuWl fUeJigr;fU nirmg; bdthkxe fUe btkd fUh mfU;t ni ytih W"thfU;toRmfuUtht fUhth fUh;unn ytih Jal =u;un rfUsc fUCe cfUatnu, JuRmfUth fUe dthkxe ;fUtt ;w; fUhdu> The Bank will be entitled to call upon the Borrowers at any time in its discretion to furnish guarantee from the Borrowers Directors/managerial Personnel in their personal capacity for the due repayment of all advances made and/or to be made by the Bank to the Borrowers along with interest, costs, charges and expenses theereon and the Borrowers hereby agree and undertake to forthwith procure and furnish such guarantees whenever required by the Bank to do so. RmfuUmtGe fuUv bRmvh W"thfU;tol uJMo=tunsth......................................................... fuU ............................................................................. bnel ufUe................................................;theF fUtun;tGh rf Y> IN WITNESS WHEREOF the Borrowers have hereunto set their hands this ............................ ........................................................ day of .................................................................................. Two thousand ............................................................. (W"thfU;tofuUn;tGh) (Signature of Borrowers) 252 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 vqJoJ;eortF; bWrrF; J;wytfUemqae SCHEDULE OF GOODS REFERRED TO IN THE FOREGOING INSTRUMENT (W"thfU;tofuUn;tGh) (Signature of Borrowers) rxvKe&RmVUtbofuUrn=e vtX murfUme fUth fuUJt=-rJJt=fuUWvt ntul ufUe r:r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> NOTE : In the event of any controversy arising out of Hindi Version of this Form, the original English text of it will be treated as authoritative. 253 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 SCHEDULE OF HYPOTHECATION (The illustration given hereunder are meant to guide the filling in of the Schedule of Securities, but in each case, wherever required, the description should be altered to conform to the terms of the sanction of the credit lines). (i) All stocks of motor cars, spare parts, machinery plant etc., and other articles, goods, stocks and movable property of any kind whatsoever, which now or hereafter from time to time during this security shall be brought into, stored or be in or about the borrowers premises, godowns, plinths, open spaces, factories, etc., or wherever else they may be, including in particular such stocks stored or to be stored in the premises/warehouses/ godowns situate at............................................................(give herein the name of the town and such details of the locality, place(s) of storage as may be considered necessary or feasible in a particular case). or (ii) The whole of the borrowers stocks of cotton whether loose, ginned or unginned, or fully pressed in bales whether raw or in process of manufacture and all other articles, goods, stocks and movable property of any kind whatsoever, which now or hereafter from time to time during this security shall be brought into, stored or be in or about tne borrowers premises, godowns, plinths, open spaces, factories etc., or wherever else they may be, including in particular such stocks stored or to be stored in the premises/ warehouses/ godowns situate at.............................................................(give herein the name of the town and such details of the locality, place(s) of storage as may be considered necessary- or feasible in a particular case). or (iii) All stocks of paper, cardboard etc., and all other articles, goods, stocks and movable property of any kind whatsoever, which now or hereafter from time to time during this security shall be brought into, stored or be in or about the borrowers premises godowns, plinths, open spaces, factories etc., or wherever else they may be including in particular such stocks stored, or to be stored in the premises/warehouses/godown(s) situate at..........................................................................(give herein the name of the town and such details of the locality, place (s)of storage as may be considered necessary or feasible in a particular case). or 254 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (iv) All stocks of various kinds of foodgrains, pulses, oilseeds, spices, kirana goods, sugar, gur, khandsari sugar, vegetable ghee, oil etc., and all other articles or goods, stocks and movable property of any kind whatsoever, which now or hereafter from time to time during this security shall be brought into, stored or be in or about the borrowers premises, godowns, plinths. open spaces, factories etc., or wherever else they may be, including in particular such stocks stored, or to be stored in the premises/warehouses/ godown (s) situate at...........................................................(give herein the name of the town and such details of the locality, place(s) of storage as may be considered necessary or feasible in a particular case). 255 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Form of Supplemental Deed of Hypothecation of Goods for Increase in Limit/Facility Without Additional Property as Security This AGREEMENT made at ............................................................................................... this ............................ day of ................ 20........ BETWEEN ........................................................... (hereinafter called the Borrower which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns/his/their/heirs, executors, administrators, legal representatives and assigns) of the one part and UCO BANK, a body Corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and having its Head Office at 10, Brabourne Road, Calcutta and a Branch Office inter-alia, at ................................................................................................... (hereinafter called the Bank, which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns) of the Other Part: WHEREAS by a Deed of Hypothecation dated the ................................ day of ............... 20...... executed by the Borrower in favour of the Bank (hereinafter called the Principal Deed of Hypothecation) the Borrower in consideration of the Bank having granted and/or agreed to grant to the Borrower accommodation by way of cash credit facilities to the extent of Rs. ............ hypothecated to and in favour of the Bank all the present and future stocks and movables of the Borrower as mentioned in the Principal Deed of Hypothecation (hereinafter called the Hypothecated Goods) as security for the due repayment by the Borrower to the Bank of the balance for the time being due to the Bank in the said cash credit account of the Borrower with the Bank inclusive of principal, interest, cost, charges and expenses. AND WHEREAS the Borrower has requested the Bank to grant to the Borrower further accommodation by way of cash credit facilities by enhancing the existing limit thereof from Rs. ............................. to Rs. ............................. which the Bank has agreed to do on the terms and conditions, inter-alia, as hereinafter appearing and on the Borrower agreeing that the Hypothecated Goods shal l consti tute securi ty not onl y for the exi sti ng l i mi t of Rs. ............................. but also for the enhanced limit of Rs. ............................. agreed to be granted as aforesaid and all interests, costs, charges and expenses and other moneys as hereinafter mentioned. NOW THIS DEED WITNESSES that in pursuance of the said agreement and in consideration of the Bank having granted and/or agreed to grant further accommodation to the Borrower by way of cash credit facilities by enhancing the maximum limit thereof from Rs. ........................ 256 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 to Rs. ......................... the Borrower hereby agrees that this Agreement shall be supplemental the Principal Deed of Hypothecation and the Hypothecated goods charged under. the Principal Deed of Hypothecation shall constitute security in favour of the Bank by way of first charge for the said enhanced facilities with the aggregate limit of Rs. ...................... and for payment by the Borrower to the Bank of all principal moneys together with interest at the rate specified in the Priricipal Deed of Hypothecation or at such other rate or rates as the Bank may notify to the Borrower fro time to time and also all costs, charges and expenses incurred by the Bank to the date of payment for preservation, protection, defence, or perfection of the security created by the Principal Deed of Hypothecation and the Principal Deed of Hypothecation shall be read and construed as if the maximum limit mentioned therein is Rs. ............................... in place and in stead of Rs. .......................................... AND THAT the words and figures Rupees ........................................... wherever appearing in the Principal Deed of Hypothecation shall be substituted by the words and figures Rupees ................................................. as if the same were originally written therein AND THAT save as expressly modified as aforesaid all the terms and conditions set out and contained in the Principal Deed of Hypothecation shaH remain in full force and effect. In WITNESSES WHEREOF the Borrower has executed these presents the day, month and year first above written. Form of Supplemental Deed of Hypothecation of Goods for Additional Security for an Increase in Limit/Facility THIS AGREEMENT made at .......................................... this ................... day of .................. 20....... BETWEEN .......................................................... (hereinafter called the Borrower which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns/his/their/heirs, executors, administrators, legal representatives and assigns) of the one part and UCO BANK, a body Corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and having its Head Office at 10, Brabourne Road, Cal cutta and a Branch Offi ce i nter-al i a, at .......................................................... (hereinafter called the Bank, which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns) of the Other Part : WHEREAS by a Deed of Hypothecation dated the ................................... day of ................................. 20...... executed by the Borrower in favour of the Bank (hereinafter called the Principal Deed of Hypothecation) the Borrower in consideration of the Bank having 257 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 granted and/or agreed to grant to the Borrower accommodation by way of cash credit facilities to the extent of Rs. ............................. hypothecated to and in favour of the Bank all the present and future stocks and movables of the Borrower as mentioned in the Principal Deed of Hypothecation (hereinafter called the Hypothecated Goods) as security for the due repayment by the Borrower to the Bank of the balance for the time being due to the Bank in the said cash credit account of the Borrower with the Bank inclusive of principal, interest, cost, charges and expenses. AND WHEREAS the Borrower has requested the Bank to grant to the Borrower further accommodation by way of cash credit facilities by enhancing the existing limit thereof from Rs. ............................. to Rs. ............................. which the Bank has agreed to do on the Borrower agreeIng to furnish further security, as hereinafter appearing and on the Borrower agreeing that the Hypothecated Goods shall constitute security not only for the existing limit of Rs. ............................. but also for the enhanced limit of Rs. ............................. agreed to be granted as aforesaid and all interests, costs, charges and expenses and other moneys as hereinafter mentIoned. NOW THIS DEED WITNESSES that in pursuance of the said agreement and in consideration of the Bank having granted and/or agreed to grant further accommodation to the Borrower by way of cash credi t faci l i ti es by enhanci ng the maxi mum l i mi t thereof from Rs. ............................. to Rs. ............................. the Borrower hereby agrees that this Agreement shall be supplemental to the Principal Deed of Hypothecation, AND THAT the Borrower hereby hypothecates by way of first charge in favour of the Bank the goods described in the Schedule hereto which shall include all products, goods and movable property of any kind belonging to the Borrower which now or hereafter from time to time during this security shall be brought i n, stored or be i n or about the Borrowers premi ses or godowns at ............................................................................ or wherever else the same may be as security for the payment by the Borrower to the Bank, of the balance due to the Bank at any time or ultimately on the closing of the said Cash Credit Account and that the expressIon the balance due to the Bank herein shall have the same meaning as contained in the Principal Deed of Hypothecation AND the hypothecated goods charged under the Principal Deed of Hypothecation shall constitute security in favour of the Bank by way of first charge for the said enhanced facilities with the aggregate limit of Rs. ............................. and for payment by the Borrower to the Bank of all principal moneys together with interest. at the rate specified in the Principal Deed of Hypothecation of at such other rate or rates as the Bank may notify to the Borrower from time to time and also all costs, charges and expenses incurred by the Bank to the date of payment, for the preservation, protection, defence or 258 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 perfection of the security created by the Principal Deed of Hypothecation or by these presents and the Principal Deed of Hypothecation shall be read and construed as if the maximum limit mentioned therein is Rs. ............................. in place and in stead of Rs. ............................. AND THAT the words and figures Rupees .................................................... Wherever appearing in the Principal Deed of Hypothecation shall be substituted by the words and figures Rupees .............................................................. as if the same were originally written therein AND THAT save as expressly modified as aforesaid all the terms and conditions set out and contained in the Principal Deed of Hypothecation shall remain in full force and effect. THE SCHEDULE ABOVE REfERRED TO : ............................................................................................................ ............................................................................................................ ............................................................................................................ ............................................................................................................ In WITNESS WHEREOF the Borrower has executed these presents the day, month and year first above written. Form of Supplemental Deed of Hypothecation of Goods for Additional Security for an Existing limit/Facility THIS AGREEMENT made at ......................................... this ................... day of .................. 20....... BETWEEN .................................................................... (hereinafter called the Borrower which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns/his/their/heirs, executors, administrators, legal representatives and assigns) of the one part and UCO BANK, a body Corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and having its Head Office at 10, Braboume Road, Calcutta and a Branch Office inter-alia, at .................................... (hereinafter called the Bank, which expression shall unless exclud.ed by or repugnant to the context be deemed to include its successors and assigns) of the Other Part: WHEREAS by a Deed of Hypothecati on dated the. ............................. day of ........................ 20...... executed by the Borrower in fqvour of the Bank (hereinafter called the Principal Deed of Hypothecation) the Borrower in consideration of the Bank having granted and/or agreed to grant at its discretion to the Borrower accommodation by way of cash credit 259 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 facilities to the extent of Rs. ............................. hypothecated to and in favour of the Bank all the present and future stocks and movables of the Borrower as mentioned in the Principal Deed of Hypothecation (hereinafter called the Hypothecated Goods) as security for the due repayment by the Borrower to the Bank of the balance that may be for the time being due to the Bank in the said cash credit account of the Borrower with the Bank inclusive of principal, interest, cost, charges and expenses. AND WHEREAS at the request of the Borrower the Bank has agreed to continue the said Cash Credit Facilities to the Borrower furnishing additional security for the said Cash Credit Facilities in. the manner hereinafter expressed. NOW THIS DEED WITNESSES that in pursuance of the said agreement and in consideration of the bank having agreed to continue the said cash credit . facilities to the Borrower, the Borrower hereby agrees that this agreement shall be supplemental to the Principal Deed of Hypothecation, AND the Borrower hereby hypothecates by way of first charge in favour of the Bank the goods described in the Schedule hereto which shall include all products, goods and movable properties of any kind belonging to the Borrower which now or hereinafter from time to time during this security shall be brought in; stored or be in or about the Borrowers premises or godowns at ........................................... or wherever else the same may be as security for the payment by the Borrower to the Bank of the balance due to the Bank at any time or ultimately on the closing of the said Cash Credit Account and that the exPression the balance due. to the Bank herein shall have the same meaning as contained in the Principal Deed of Hypothecation AND THAT all the rights, powers, and provisions contained in the Principal Deed of Hypothecation shall extend to and be applicable to the securities hereby created in the same manner as if the corresponding rights, powers and provisions were expressly inserted in these presents AND THAT save as aforesaid all the terms and conditions set out and contained in the Principal Deed of Hypothecation shall remain in full force and effect. THE SCHEDULE ABOVE REFFERED TO: ............................................................................................................ ............................................................................................................ ............................................................................................................ ............................................................................................................ In WITNESS WHEREOF the Borrower has executed these presents the day, month and year first above written. 260 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y/A 9Y/A gq fUtucf UCO BANK "tl fUtgtotg&10, rJj Jetittug bnthts mhKe, fUtutfUt;t-700 001 Head Office : 10, BIPLABI TRAILOKYA MAHARAJ SARANI, KOLKATA-700 001 mtJr" }UK fUtumwrhG; fUhlufuUrtY at mkgkt YJk bNeltfUt =]rck"fUrJtuF DEED OF HYPOTHECATION OF MOVABLE PLANT AND MACHINERY TO SECURE A TERM LOAN gn =]rck"fUrJtuF YfUytih............................................................................................... ................................................. stu...................................................................... fuUl tb muYJk v b.................................................................byvl t gJmtg att hnun/ YfUmtSu=th VUbo stu..............................................................byvl t gJmtg att hnt ni/ YfUfkUvl e stufkUvl e yr"rl gb, 1956 fuUy"el rl drb; ni ;:t rsmtfUvksef]U; fUtgtotg............................................. bni, rsmuytduIW"thfU;tOfUnt dgt ni (R= yrCgr; bsc ;fUfUtuRoct; mk=CofuUrJh gt WmmuyvJrso; l ntu, y:tge v muWmfUt/WmfUe Jtrhm, rl tv=fU, NtmfU, Ji" r;rl r" ytih mbl q=urN;e/mtSu=th, Wl fuUmk=rCo; Jtrhm, rl vt=fU, NtmfUytih mbl w=urN;e, WmfuUWthtr"fUthe YJkmbl w=urN;e Ntrbt ntdu) ytih =qmhe ytuh gqfUtucfUfuUcea, stucfUfUthe fkUvl e (Wvf{btfUt ysol ytih yk;hK) yr"rl gb, 1970 fuUy"el drX; YfUrl drb; rl fUtg ni ytih rsmfUt "tl fUtgtotg 10, rJj Je tittug bnthts mhKe, fUtutfUt;t bni ;:t rsmfUe YfU NtFt...................................... .............................................................................................b Ce ni rsmuytduIcfUOfUnt dgt ni (RmyrCgr; bsc ;fUfUtuRoct; m=CofuUrJh gt WmmuyvJrso; l ntu, WmfuUWthtr"fUthe ytih mbl w=urN;e Ntrbt ntdu), yts r=l tkfU...........................................fUturl vtr=; rfUgt st;t ni> THIS DEED OF HYPOTHECATION is made this ...................................................................... day of ............................................................................................................................. 20 .......... BETWEEN .................................................................................................................................... ..................................................................................... carrying on business under the name and style of .......................................................................................................................................... at .............................................................................................................../a partnership firm 261 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 carrying on business at ...................................................................................../a company i ncorporated under the Compani es Act, 1956 and havi ng i ts regi stered Offi ce at .................................................................................................................................................... hereinafter called the Borrower (which expression shall unless excluded by or repugnant to the context be deemed to include his/her heirs, executors, adminsitrators, legal representatives and assigns/partners for the time being, their perspective heirs, executors, adminsitrators and assigns, its successors and assigns) of the One Part AND UCO BANK, a Corporate Body constituted under the Banking Companies (Acqusition and Transfer of Undertakings) Act, 1970 and having its Head Office at No. 10, Biplabi Trailokya Maharaj Sarani, Kolkata and also a Branch Office at ............................................................................................................................. .............................................................................................................................................................. hereinafter called the Bank (which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns) of the Other Part : aqkrfUcfUl uW"thfU;tofuUyl whtu" vh Wmuyg ct;tfuUmt:-mt: RmN;ovh.........................h. fUt mtJr" }UK =tl rfUgt ni rfUJn W; }UK YJkWmfuUgts, ttd;, Cth YJkfUatufUe awfUti;e cfUfUtul eaur=Y dY yl wmth mwrl ra; fUhl ufuUrtY cfUfuUvG byvl e J;obtl gt ct= b yrso; rf Y stl uJttumCe at mkgkt, bNel he WvfUhK, ytisth YJkgkt ;:t yvl uJ;obtl gt CtJe fUaubtt fuUxtfUfUtusimu........................................................................................................, ;igth ntuhnubtt, ;igth btt, CkzthK ytih yr;rh; vwsuostuCkzth bhFunwY n ytih/gt hFustYkdu/ ttY stYkdugt......................................................... bgt fUn ytih hFunWun gt btdo: ni, Rmb RmfuUvat;TWrrF; her; mu=]rck"fUhFudt> WHEREAS the Bank, at the request of the Borrower, has sanctioned to him/her/it a term laon of Rs. ..................................... interalia, on the condition that the Borrower shall secure the due repayment of the said term loan to the Bank together with interest, costs, charges and expenses in the manner hereinafter mentioned by hypothecation in favour of the Bank of all his/her/its movable plant, machinery, equipments, implements and applicances now and hereafter acquired by the Borrower and all his/her its present and future stocks of raw materials such as ............................................................................................., work-in-process, finished goods, stores and spares stored and/or to be stored/brought in or situated at ................................................................................................................................................... or anywhere else or in course of transit in the manner hereinafter appearing. 262 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 yc vqJofUr:; ;gtfUtugtl bhF;unwY RmfuUtht W"thfU;toYJkcfUfuUcea rl l fUth mumnbr; nwRo& NOW IT IS HEREBY AGREED in consideration of the premises aforesaid between the Borrower and the Bank as follows : 1) W"thfU;tocfUfuUW; .................................................h. fuUmtJr" }UK, Wmvh l eau WrrF; =h vh vrhfUrt; gts YJkY;=Ttht rl rbo; r;Cqr; fuUmkhGK gt Y;=Ttht hrG; "l htrN fUe Jmqte fuUrtY cfUtht rf Y stl uJttumCe Fatu, ttd;tYJkCthtfUe mgfTUawfUti;e fuUrtY r;Cqr; fuUv bY;=Ttht yvl ugJmtg fuUmCeYJkYfUt at mkgkttytih WmfuUWvgtud bttRo stl uJtte bNel he, WvfUhK, ytisth YJkgkt stuW"thfU;tofu.............................................................. r:; fUthFtl ubv\zun ytih fUaemtbd{e, simu................................................................................ fuUmCe rJ btl YJkCrJg fuUxtfU, ;igth ntuhnubtt, ;igth btt, CkzthK ytih yr;rh; vqsustu Ckzth bhFunwY n ytih/gt hFustYkdu/ttY stYkdugt............................................................ bgt fUn ytih hFunwY n gt btdo: n ;:t W"thfU;tofuUgJmtg btde nwRogt yg Yume at bNel t, mkgktt/WvfUhKt, ytisthtfUtuCe stuRmr;Cqr; fuU=tihtl rfUme Ce mbg ytgtr;; rfY stYkdugt yg fUth mutt rfY stYkdu, tdtY stYkdugt stu\zustYkdugt vwhtl ufUe sdn l Y tdtY stYkdugt Wl bWvgtud fuUrtY gt WmfuUgtusl muttY stYkdusturfUW"thfU;tofUe mkvrt ntude ytih stugt ;tuW"thfU;tofuUW; fUthFtl ubv\ze n gt btt dtu=tb bmkd]ne; fUe dRoni ytih/gt btdo: n ytih/gt sntkfUn JuhFe dRontgt ntumfU;e ntytih fUaubtt, simu........................................... fuUmCe rJ btl YJkCrJg fuUxtfU, ;igth ntuhnubtt, ;igth btt, CkzthK ytih yr;rhUvqsuostu Ckzth bhFunwY n ytih/gt hFustYkdu/ttY stYkdugt.................................................... bgt fUn ytih hFunWun gt btdo: n, (rJ btl mkgkt ytih bNel he ytih J;wytfUe bwg b=tfUt mkrGt rJJhK l eaurtFe yl wmqae br=gt dgt ni) Wl mCe fUtu=]rck"fUhF;t ni ;:t :b fUth fuUv bCtrh; fUh;t ni> The Borrower hereby hypothecates and charges by way of first charge unto the BANK ALL and SINGULAR movable plant, machinery, equipmetns, implements and appliances belonging to and used in and about the Borrowers business and now situated, lying on, being in or upon the factory of the Borrower at ....................................................................... ............................................................................... and all present and future stocks of raw materials such as .......................................................................................................................... ..............................................................................., work-in-process, finished goods, stores and spares stored and/or to be stored/brought in or situated at ..................................................... ............................................................. or anywhere else or in course of transit, and slso such movable machinery, plant, equipments, implements which shall at any time or times during the continuance of this security be imported or otherwise acquired, put upon or added to or 263 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 substituted for existing ones or brought upon for use in or for the purpose of or otherwise appeartaining to or belonging to the Borrowers business and which shall be the property of the Borrower either lying at the said factory of the Borrower or stored in warehouses and/or in course of transit and/or wherever they may lie or happen to be and salso all present and future stocks of raw materials such as ............................................................................ work- in-process, finished goods, stoes and spares stored and/or to be stored/brought in or situated at .............................................................................................................. or anywhere else or in course of transit (a short particulars of the main items of the existing plant and machinery and goods are described in a schedule hereunder written) as and by way of security for due repayment by the Borrower to the Bank of the said term loan of Rs. .............................. together with interest at the rate hereinafter mentioned and all costs, charges and expenses that may be incurred by the Bank for the protection of security hereby created or in or about the realisation of the moneys hereby secured. 2) W"thfU;tocfUtht =t ytih/gt =tl rf Y stl uJttu......................................h. fuU W; mtJr" }UK fUe bqt htrN fUe awfUti;e l eau=e dRo;theFtfUtuYJkrl r=o rfU;tbfUhudt, g:t& The Borrower shall repay to the Bank the said principal amount of term loan of Rs. .................................. advanced and/or to be advanced by the Bank on the dates and by instalments in the manner hereinafter mentioned, namely : awfUti;e ylwmqae Repayment Schedule 264 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 ytih RmfuUmt: W; bqt htrN gt WmfuUNuMvh rsmfUt Cwd;tl Wmmbg ;fUl n nwyt ni, rhsJo cfUfUe=h mu................................%r; JMoyr"fUfUe=h vh, stugql ;b......................%r; JMontude, btrmfU/r;btne/Abtne/JtrMofUyk;htt vh gts fUt Cwd;tl fUhudt ;:t W"thfU;toRmgts fUtu cfUbbtrmfU/r;btne/Abtne yt"th vh sbt fUhudt YJkgr= W"thfU;tosimt rfUQvh fUnt dgt ni, btrmfU/r;btne/Abtne yt"th vh gts fUt Cwd;tl fUhl ubaqfUfUh;t ni, ;tuaqfUfUe Jn gts htrN cfUtht W"thfU;tofUtu=tl fUe dRoyr;hrfU; }UK-htrN btl e stYde ytih WmuW"thfU;tofuUFt;u bl tbuzttt stYdt ytih Wmvh W; =h YJkyk;htt vh gts Ctrh; rfUgt stYdt>vh;wrVUh Ce cfUJrJJufUtl wmth W"thfU;tofUe mqal t =ufUh gt Cwh;eg rhsJocfUtht mbg-mbg vh sthe rfY stl uJtturl =uNtfuUyl wmth Wvgwo; gts fUe =h fUtumkNtur"; fUh mfU;t ni gt c\Zt mfU;t ni ytih W"thfU;toRmfuUtht gts fUe =h bRmfUth rfY stl uJttumkNtu"l YJkJ]r fuUr; yvl e mnbr; =tl fUh;t ni ;:t Rmmnbr; fUt gn y:otdtgt stYdt btl tuRmfUth mumkNtur"; gt c\ZtRodRo gts-=h fUt WuF RmbrfUgt dgt :t ytih W"thfU;toWmfUt Cwd;tl fUhl ufuUrtY mnb; :t ytih RmfuUtht Jn mwhrG; ni> together with interest on the said principal sum or the balance thereof remaining unpaid for the time being at the rate of ........................ % per annum over the Reserve Bank rate subject to the minimum .......................... % per annum with monthly/quarterly/half-yearly/yearly rests, such interest to be deposited monthly/quarterly/half-yearly with the Bank by the Borrower and if the Borrower makes any default in payment of interest in respect of monthly/quarterly/half- yearly as aforesaid, the amount of interest in default shall be treated as additional amount advanced by the Bank to the Borrower and will be debited to the Borrowers account and interest at the same rate and rests will be charged thereon. Provided however that the above rate of Interest may be revised or increased by the Bank either in tis sole discretion of which notice shall be given to the Borrower or in accordance with the directives of Reserve Bank of India issued from time to time and the Borrower hereby agrees to such revision and increase in the rate of interest and this Agreement shall be construed as if such revised or increased rate of interest were mentioned herein and agreed to be paid by the Borrower and are hereby secured. 3) W"thfU;toRmr;Cqr; fuUmkck" bytih rfUme Yume fUtgoJtne fuU;n; cfUtht rf Y dY gt rf Y stl uJttumCe vrhggt, Ctht;:t F;tufUt Cwd;tl fUhudt stugt ;tu=]rck"fUhFudY at mkgkttytih bNel he ;:t fUaubtt YJk;igth btt ytr=fuUxtfUfUtugt WmfuUrfUme Ctd fUtucual u fuUrtY rf Y dY ntytih/gt Y;=Ttht mkhrG; "l htrN fUe Jmqte gt trt fuUrtY r;Cqr; fUtu Jr;o; fUhl unu;wgt yg rfUme Ce fUth murf Y dY ntgt W"thfU;tofuUrfUme =trgJ fUtuJr;o; fUhl ufuUrtY gt cfUfUtur=Y dY rfUn yr"fUthtfuUgtud fuUrtY rf Y dY nt<mt: ne Wl mCe htrNgtfUt Ce Cwd;tl fUhudt stucfU=]rck"fUhFudY at mkgktt, bNel he ;:t fUaubtt YJk;igth btt ytr= fuUxtfUgt WmfuUrfUme Ctd fuUmkck" bFaofUh;t ntuytih/gt Qvh =e dRo=h vh 265 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 gts mrn; =qmhe rfUme htrN fUt, rsmuRl rtF;tfuUtJ"tl fuUy"el gt fUtl ql l W"thfU;tomu Jmqtl ufUt cfUfUtuyr"fUth ntu, ;:t RmfUth fUe mCe ttd;t, Ctht;:t FatuYJkyg htrNgt fUt Cwd;tl fUhudt ytih gr=Wl fUt Cwd;tl l n rfUgt st;t ni ;tuWnW"thfU;tofuUmtJr" }UK Ft;u bl tbuztt r=gt stYdt ytih Y;=Ttht mkhrG; mkvrt vh Ctrh; rfUgt stYdt> The Borrower shall pay all costs, charges and expenses paid or payable by the Bank and incidental to this security and any proceedings which may be had either for sale of the hypothecated movable plant and machinery and stocks of raw materials and finished goods etc. or any part thereof and/or for enforcing the security or otherwise howsoever for procuring or obtaining payment of the moneys hereby secured or for enforcing any of the obligations of the Borrower or for exercising any of the powers given to the Bank and all other sums of moneys which the bank shall have expended in connection with the hypothecated movable plant and machinery and stocks of raw materials and finished goods etc. or any part thereof and/or any other sum which the Bank shall be entitled to recover from the Borrower either under the provisions of these presents or by Law with interest thereon at the rate hereinbefore mentioned and all such costs, charges, expenses and other sums of money shall, if not so paid, be debited to the term loan account of the Borrower and be charged on the property hereby secured. 4) W"thfU;toY;=Ttht cfUfuUmt: rl l rtrF; v bmkrJ=t fUh;t ni& The Borrower ereby covenants with the Bank as follows : (fU) =]rck"fUhFe dRobNel he ytih xtfUfUtuRmr;Cqr; fuUattqhnl ufuU=tihtl mCe mbg ytih sc ;fUcfUtht mtJr" }UK =tl rfUgt st;t ni ytih/gt =tl rfUgt stYdt gt WmfUt fUtuRo Ctd cfUtgt hn;t ni ytih/gt RmrJtuF fuU;n; W"thfU;tofuUvtmcfUfUe fUtuRohtrN cfUtgt hn;e ni, W"thfU;totht yAe yJ:t bYJkfUtb fUhl uttgfUcl tfUh hFt stYdt ;:t WmfUt cebt fUhtgt stYdt YJkW"thfU;toyvl uFaomucfUtht yl wbtur=; cebt btgtotg gt fUtgtotgtbcfUfuUl tb mugt W=thfU;toytih cfUfuUl tb mursmbW"thfU;tock"fUfU;toYJkcfUck"fU=th fuUv bntdu ytih gr= W"thfU;tofuUl tb mune ;tucfUfUtumbl w=urN; fUhfuUWmfUe fUeb; fUe vqhe htrN fuUrtY ytd, rmrJt yNtkr; ytih/gt ctJt, ttC fUe ntrl ytih mk:tvl gt rtvl fUe sturFb ytih Yume sturFb fuUrJh stuvtl ql tht yvurG; ntu, cebt fUhtYdt ;:t rfUme Ce r:r; bvtprtme fUtucfU fuUvtmsbt rfUgt stYdt>W"thfU;toRl vtprtrmgtvh =ug erbgb fUturJr"J;TYJkrl grb; v mu =ug ;theF muYfUmttn vqJosbt fUhudt ytih Yumt fwUA l n fUhudt rsmmuJn cebt yrJr"btg gt hntustY ytih cebt vtprtme ;:t mCe fUJh l tux, erbgb hme=;:t Wmmumkckr"; yg =;tJust cfUbsbt fUhudt ;:t W"thfU;torfUme Ce mbg cfUfuUcebt Jttugts fUe htrN fuUcthubfUtuRo rJJt=l n WXtYdt>gr=W"thfU;toWvh fUnudY yl wmth cebt fUhtl ubgt rfUme vtprtme fUtul Jef]U; fUhtl ubgt erbgb fUt Cwd;tl fUhl ubgt =]rck"fUhFudY mkgkt gt btGl he fUtucebtf]U; hFl u 266 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 bgt cfUfUtuvtprtme gt erbg fUe hme= =ul ubytih/gt RmFkz fuUy"el rfUme =trgJ fuU rl Jton brfUme fUth fUe aqfUfUh;t ni ;tucfUtht Rm;hn fUt cebt fUhtl t gt l JefUhK fUhtl t gt RmfUth fUt erbgb =ul t ytih =]rck"fUhFudY at mkgkttytih bNel t, fUaubtt fuUxtfU ;:t ;igth btt ytr= gt WmfuUrfUme Ctd fUtuYume htrN fuUrtY cebt fUhtfUh hFl t rJr"vqKo(vh ctg;t l n) ntudt rsmuJn XefUYJkWra; mbS;t ntuytih btkd fUhl uvh W"thfU;tocfUtht Rm Wug murfY dY mCe FstufUt Cwd;tl fUhudt ytih Qvh fUnudY yl wmth btkd fUe dRorsmhtrN fUt Cwd;tl l n fUhudt WmfUe awfUti;e ;fUbtd fUe ;theF mu.......................................... r;N; r; JMofUe =h mugts fUt Cwd;tl fUhudt ytih RmfUth fUe mCe htrN ;:t gts RmfuUtht =]rck"fUhFe dRomkvrt vh Ctrh; hndu<vh;wcfURmct; fuUrtY nfU=th ntudt rfUJn yvl e RAtl wmth Wl mCe htrNgtYJkgts fUtuW=thfU;tofuUmtJr" }UK Ft;ubgt cfUbWmfuUrfUme yg Ft;ubl tbuzttu>WmfUth fuUrfUme Ce cebt mutt mCe htrNgtkcfUfUe mnbr; mu gt ;tuGr;d{; gt l ntudY at mkgkt YJkbNel he fUe bhb;, vwl :tovl gt r;:tvl vh tdtRo stYkde gt W; mtJr" }UK fUe =ug htrN gt =ug ntul uJtte htrN gt W; mtJr" }UK ytih/gt Rm rJtuF fuUy"el gt yg rfUme Ce Ft;ufuUmkck" bcfUfUtu=ug htrN fuUvrhmbtvl vh tdtRo stYkde> (a) The hopothecated machinery and stocks shall at all times during the continuance of this security and so long as the term loan granted and/or to be granted by the Bank or any protion is outstanding and/or any money is due from the Borrower to the Bank under these presents be maintained by the Borrower in good repair and working order and be insured and kept insured by and at the expenses of the Borrower againwt fire, civil commotion and/or riot, loss of profit and erection or installation risk and such other risk as may be required by law to the full extent of the value thereof in an Insurance Office or Offices approved by the Bank in the name of Bank or in the name of the Borrower and the Bank as mortgagor and mortgagee and if in the name of the Borrower assigned to the Bank and in either case the policy shall be handed over to the Bank. The Borrower shall duly and punctually pay the premia due on the policies at least one week before the same shall have become due or payable and shall not do or suffer to be doen any act which may invalidate or avoid such insurance and shall deposit the Insurance Policy and all cover notes, premium receipts and other documents connected herewith the Bank and the Borrower agrees not to raise at any time any dispute as to the amount of the insurable interest of the Bank. If the Borrower shall make default in effecting such insurance as aforesaid or renewing any policy or in payment of such premia or keeping the hypothecated plant and machinery so insured or in delivering to the Bank the Policies or receipts for the premia and/or performing any obligations under this clause, it shall be lawful for (but not obligatory upon) the Bank to effect such Insurance or to nenew or to pay such premia and to keep the hypothecated movable plant and machinery, stocks of raw materials and finished goods etc. or any part of it insured 267 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 in such amount as the Bank may think fit and proper and the Borrower shall on demand repay to the Bank all payments made by the Bank for that purpose and will pay interest at the rate of .......................... per cent per annum from the date of demand until repayment of any moneys not repaid on demand as aforesaid and all such moneys and interest shall remain charged on the property hereby hypothecated; PROVIDED THAT THE BANK shall be entitled at its option to debit all such moneys and interest to the term loan account or to any other account which the Borrower may have with the Bank. That all sums received under any such insurances as aforesaid shall be applied subject to the consent of the Bank either in or towards the repairs, reinstatement or replacement of the movable plant and machinery damaged or destroyed or towards the payment of the moneys due or to become due and payable on the said term loan or in liquidation of the moneys due to the Bank in respect of the said term loan and/or under these presents or on any account whatsoever. (F) cfUfuUrfUme Wra; yl whtu" vh W"thfU;tom=iJ YJkmCe ;hn muyvl uFaovh cfUfUtu ytih WmfuUYsxt, yr"fUtrhgt, fUboatrhgt, yxrl ogtgt l trb; gr;gtfUturcl t rfUme mqal t fuUrfUme Ce mbg yvl ufUthFtl u, dtu=tb, fUtgtotg gt =]rck"fUhFudY rfUme at mkgkt YJkbNel he ;:t fUaubtt YJk;igth btt ytr= fuUxtpfUfUtuhFl ufuU:tl bJuN fUh =]rck"fUhFudY at mkgkt YJkbNel he ;:t fUaubtt ytih ;igth btt ytr=fuUxtfUfUet stka fUhl u;:t W"thfU;tofuU Ft;t, ytzoht, vttatht;:t crngtYJkyg rhfUtztufUe stka, rl heGK, tuFt vheGt fUhl u;:t Wl mu W=T"hK tul ufUe yl wbr; =udt (rsnfUhl ufuUrtY cfURmfuUtht tr"f]U; ni)> (b) The Borrower shall upon any reasonable requiest of the bank at all times allow the Bank and its agents, officers, employees, attorneys or nominees without notice and at the expense in all respects of the Borrower to enter at any time into or upon the factory, godown, offices of the Borrower or places of storage of any of the hypothecated movable plant and machinery and stocks of raw materials and finished goods etc. for the purpose of inspection of or checking the hypothecated movable plant and machinery and stocks of raw materials and finished goods etc. and to examine, inspect, adudit and make extracts from Borrowers accounts, orders, correspondence and books and other records (which the Bank is hereby uthorised to do). (d) cfUtht rfUme Ce mbg rtrF; v bbtkd stl uvh =]rck"fUhFudY at mkgkt YJk bNel he ;:t fUaubtt YJk;igth btt ytr= fuUxtfUfUt vqKoYJkmne rtrF; rJJhK, Wl gtuht fuUmt: rsmucfUatn;t ntu, ;:t =]rck"fUhFudY at mkgkt YJkbNel he ;:t fUaubtt YJk ;igth btt ytr=fuUWmCtd fUt tuFt W"thfU;to=udt stufUthFtl ugt dtu=tb bgt WmfuUfUsugt =Ft fuUrfUme yg ymkd{nKeg :tl buMK fUe yJ:t bntugt btt dtu=tb bmkd]ne; rfUgt dgt ntu> 268 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (c) The Borrower shall from time to time on demand by the Bank in writing at any time furnish forthwith to the Bank a full and correct written statement with such particulars as the Bank may require of the hypothecated movable plant and machinery and stocks of raw materials and finished goods etc. together with an account of such part of the hypothecated movable plant and machinery and stocks of raw materials and finished goods etc. as shall be in the course of transit to the factory or godown or any other place of storage in possession or occupation of the Borrower or stored inwarehouses. (D) W"thfU;torfUme Ce uKe fuUNugh"trhgtfUtusthe fUe stl uJtte l turxm, ;wtl -vt gt yg vttfUe r;gtkcfUfUtuCe Wme mbg Cusudt sc Yume l turxm, ;wtl -vt gt yg vt mkckr"; vtrxogt fUt sthe fUe st;e n> (d) The Borrower will send to the Bank copies of all notices, Balance Sheets or other communications issued to Share-holders of whatever class at the same time as such notices, Balance Sheets or other communications are issued to the parties concerned. (E) Rmr;Cqr; fuUsthe hnl ufuU=tihtl gt sc ;fUW; mtJr" }UK cfUtgt hn;t ni gt sc ;fURmrJtuF fuU;n; ytih/gt W; mtJr" }UK fuUmkck" bgt rfUme Ce Ft;uvh cfUfUe fUtuRohtrN cfUtgt hn;e ni ;c ;fUW"thfU;to& (e) The Borrower shall not at any time during the continuance of this security and so long as the said term loan is outstanding or so long as any money is due to the Bank under these presents and/or in respect of the said term loan or on any account what soever : (i) rfUme Ce at mkgkt, bNel he, WvfUhK ytih gkt fUtucfUfUe rtrF; vqJomnbr; fuUrcl t l ;tunxtYdt gt nxJtYdt ytih l ne nxtl ufUe yl wbr; =udt, rmVoUWl r:r;gtfUtu Atu\zfUh rsl bJuat mkgkt, bNel he, WvhfUK rDmst;un gt xqx st;un gt Gr;d{; ntust;un ytih Wl fUtuzxtl t ytJgfUntu;t ni ytih Yume r:r; bW"thfU;toWl rDmu nwY, xqxugt Gr;d{; at mkgktt, bNel t, WvfUhKtfUe sdn Wme fUth fUt YJkW;l e ne fUeb; fuUat mkgkt, bNel he ;:t WvfUhK tdtYdt> Remove or cause or permit to be removed any movable plant, machinery, equipment and appliance without the previous consent in writing of the Bank except in cases where such removal shall be rendered necessary by reason of any such moable plant, machinery, equipment being worn out or injured or damaged and in such cases will replace the movable plant, machinery, equipment so worn out or injured or damaged by others of a similar nature and of equal value. (ii) fUthFtl ugt dtu=tb gt mkd{nK :tl mu=]rck"fUhFt dgt fUtuRoCe =qmht at mkgkt ytih 269 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 bNel he ;:t fUaubtt YJk;igth btt ytr=fuUxtfUyvl e mtbtg gtJmtrgfUrf{gt fUtuAtu\zfUh l ;tunxtYdt gt nxJtYdt gt nxtl ufUe yl wbr; =udt gt =qmhe sdn tu stYdt gt Wl fUt tul -=ul fUhudt ytih l ne Rm;hn fUt fUtuRofUtgofUhudt gt fUhl ufUe yl wbr; =udt r;smmucfUfUe r;Cqr; fUtufUtuRol wfUmtl vnwka;t ntugt Jn CtrJ; ntu;e ntu> Remove or cause or permit to be removed from the factory or godown or place of storage any of the other hypothecated movable plant and machinery & stocks of raw materials and finished goods etc. or divert or deal with them except in the usual course of its business and shall not do or permit to be done any act or thing whereby the security of the Bank is impaired or affected. (a) W"thfU;tocfUfUe rtrF; vqJomnbr; fuUrcl t =]rck"fUhFudY at mkgkt ytih bNel he ;:t fUaubtt YJk;igth btt ytr= fuUxtfUgt WmfuUrfUme Ctd fUtuck=fU, =]rck"fU, Cth, rdhJe, rtgl vh l n hFudt gt WmurfUme fUth muCthd{; l n fUhudt ytih l ntul u=udt> (f) The Borrower shall not create or allow or suffer to be created any mortgage, hypothecation, charge, pledge, lien on the hypothecated movable plant and machinery & stocks of raw materials and finished goods etc. or any part thereof or encumber the same in any way without prior consent in writing of the Bank. (A) gn =]rck"l W"thfU;tofUe Y;=Ttht fUe dRoRmDtuMKt fuUyt"th vh rfUgt st;t ni rfU RmfuUtht m]rs; r;Cqr; byCe ytih mbg-mbg vh RmfuUtht Ntrbt rf Y stl uJttu=]rck"fU hFudY at mkckt YJkbNel he;:t fUaubtt YJk;igth btt ytr=fuUxtfUW"thfU;tofUeyt;gkr;fU mvrt ni ytih nh mbg hnde ;:t JumCe fUth fuUCth, =trgJ, rdhJe, rtgl , =tJugt cth mu bw; n, mt: ne W"thfU;tofuURmJal fuUyt"th vh rfUgt st;t ni rfUW"thfU;toRmr;Cqr; fuU sthe hnl ufuU=tihtl =]rck"fUhFudY rfUme Ce at mkgkt ;:t bNel he YJkfUaubtt ytih ;igth btt ytr= fuUxtfUfUtuvql &rfUme ;hn Ctrh; l n fUhudt gt Wnck"fUgt rtgl vh l n hFudt gt Cthd{; gt mbl w=urN; l n fUhudt gt fUhl ufUe yl wbr; l n =udt ytih W"thfU;torfUme Ce gr; fuU=tJuytih btkd fuUrJh cfUfUt mb:ol YJkWl muWmfUe hGt fUhudt> (g) This hypothecation is made on the faith of the declaration which the Borrower hereby makes that the hypothecated movable plant and machinery & stocks of raw materials & finished goods etc. now and from time to time hereby comprised in raw materials & finished goods etc. now and from time to time hereby comprised in the security hereby created are and will at all times be the absolute property ofthe Borrower and ; free from any other charge, trust, pledge, lien, claim or encumbrance and on the undertaking hereby charged by the Borrower that the Borrower will not create or permit to be created further charge, mortgage or lien or encumber or assign any of the hypothecated movable plant and machinery and 270 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 stocks of raw materials and finished goods etc. during the continuance of this security and the Borrower will warrant and defend the same to the Bank against the claim and demand of any person whomsoever. (s) rsl dtu=tbtYJkvrhmhtb=]rck"fUhFudY at mkgkt YJkbNel he ;:t fUaubtt YJk ;igth btt ytr= fuUxtfUhFudY n Wl fUt rfUhtgt, hux, fUh ;:t yg FatufUt Cwd;tl W"thfU;to rl grb; v mufUhudt ;:t WnfUh:bTmubw; hFudt ;:t Wmvh gt WmfUe ytr;gtvh RmfuU vntugt RmfuUct=yr"hturv;, rl "torh; gt W=d]ne; rfY dY mCe fUht, tdtl t;:t mhfUthe CthtfUt YJkrbfUt, mtbd{e gt ytvqr;ofuUmCe =tJtfUt, stuCwd;tl l ntul ufUe r:r; bW"thfU;tofUe rfUme mvrt vh fUtl ql l rtgl gt Cth gt Y;=Ttht rl rbo; r;Cqr; vh yr"btl ntumfU;un, rJr"J;TYJk NeD{Cwd;tl fUhudt<rmJtg RmfuUrfURmbrl rn; fUtuRoct; W"thfU;tofUtuCwd;tl fuUvntugt ct= gt Cwd;tl mrn; gt WmfuUrcl t YumurfUme fUh, tdtl , mhfUthe Cth gt yr"hturv;, rl "tL;h gt W=Td]ne; rfY stl uJtturfUme =tJufUt mbwra; fUtgoJtne tht m=TCtJvqJofUrJr"J;TrJhtu" fUhl umugt Wl fUt mbtgtusl fUhl umugt fwUd;tl fUe her; fuUmkck" bmbSti;t fUhl umul n htufuUde> (h) The Borrower will punctually pay all rents, rates, taxes and other outgoings of the god own and premises where the hypothecated movable plant and machinery and stocks of raW materials and finished goods etc. shall be and keep the same free from distress and duly and promptly pay and discharge all taxes, assessments and governmental charges heretofore and hereafter imposed, assessed or levied against him/her/it or against his/her/its assets, as well as all claims for labourer, materials or supplies which, if unpaid, might by law become a lien or charge upon any property of the Borrower or have preference on the security hereby created except that nothing herein contained shall prevent the Borrower ei- ther before or after or with or without payment from lawfully contesting in good faith, by appropriate proceedings any such tax, assessment, governmental charge or such claims that may be imposed, assessed, threatened or levied against or from adjusting or compromising the same and manner of payment thereof. (S) RmbrfUme ct; fuUntu;unwY Ce mkvqKoyrd{b ;fUtt W"thfU;totht cfUfUtu=ug ntudt YJkcfUrl l rtrF; Dxl tytbmurfUme YfUfuUDrx; ntul uvh JrJJufUmuY;=Ttht rl rbo; r;Cqr; Jr;o; fUhl tufUt nfU=th ntudt, g:t& (i) Notwithstanding anything herein contained the whole advance shall become forth- with due and payable by the Borrower to the Bank and the Bank will be entitled at its op- tion to enforce the security hereby created upon the happening of any of the following events, namely: (i) y=tgde fUe rl g; ;theF fUtumtJr" }UK mumkckr"; bqt "l fUe rfUme rfU; fuUy=t hnl uvh, WmfuUCwd;tl fuUrtY< 271 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Any instalment of the principal moneys relating to the term loan being unpaid on the due date, for payment thereof; (ii) ytivatrhfUgt Ji" v mubtkd fUe dRontugt l n, mtJr" }UK mumcr"; rfUme gts fuU=ug ntustl ufuUct= ;el bnel u;fUy=t gt cfUtgt hnl uvh< Any interest relating to term loan remaining unpaid and in arrears for a period of three months after the same shall have become due whether formally or legally demanded or not; (iii) RmrJtuF br=Y dY rl ck"l t, N;tuYJkmkrJ=t fuUvttl gt yl wvttl bW"thfU;to tht rfUme fUth fUe twrx gt gr;f{b rfY stl uvh< On the Borrowers committing any breach or default in the performance or ob- servance of the terms, conditions and covenants contained in these presents; (iv) W"thfU;totht yvl u}UK=t;tytmufUtuRogJ:t gt Nbl fUhl uvh gt r=Jtrtgtvl fUt fUtuRofUtgofUhl uvh< On the Borrowers entering into any arrangement or composition with its creditor or committing any act of insolvency; (v) W"thfU;tofUevqhemkvrt gt WmfuUrfUmeCtd vh fwUfUeogt fUh:bTtdtY stl ugt W=Td]ne; rf Y stl uvh< On the execution or distress being enforced or levied against the whole or any part of the Borrowers property; (vi) W"thfU;tofuUJirAfUvrhmbtvl fuUrtY ciXfUcwttY stl uvh gt W"thfU;tofuUvrhmbtvl fuUrtY gtgttg bgtrafUt =tgh rfY stl uvh gt gr= W"thfU;tombtvl fUe r:r; b ntu< If a meeting is called for the voluntary winding up of the Borrower or a petition is made to the court for the winding up of the Borrower or if the Borrower goes into liquidation; (vii) W"thfU;tofuU(gr= fUtuRoVUbontu) rfUme Ctde=th fuUr=Jtrtgt gtgrl Keo; ntul uvh gt r=Jtrtgt }UKe fuUyl w;tuMfuUrtY rfUme fUtl ql fUt ttC WXtl uvh< On any of the partners of the Borrower (if a firm) being adjudicated insolvent or taking advantage of any law for the relief of insolvent debtors; 272 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (viii) W"thfU;tofUe vqhe mkvrt gt WmfuUrfUme Ctd fuUrtY rhmeJh rl gw; rfY stl uatrnY> On a Receiver being appointed in respect of the whole or any part of the . prop- erty of the Borrower; (ix) W"thfU;totht yvl t fUthtucth Atu\zl ufUe "bfUe r=Y stl uvh< If the Borrower ceases, or threatens to cease to carry on its business; (x) Yume vrhr:r;gtkWvt ntul uvh stucfUfUtu=e dRor;Cqr; vh r;Cqt CtJ ztt;e nt gt Wmul wfUmtl vnwkat;e nt, mkvx bztt;e ntgt WmfuUbqg fUtufUb fUh;e ntugt r;Cqt CtJ zttl u, l wfUmtl vnwkatl u, mkfUx bzttl ugt bqg fUb fUhl uJtte ntu< The occurance of any circumstance which is prejudicial to or imnairs, imperils or depreciates or is likely to prejudice, impair, imperil or depreciate the security given to the Bank; (xi) Yume Dxl t fuUDrx; ntul ugt r;r:r; fuUWvt ntul uvh stuW"thfU;tofuU}UK awfUtl u fUe Gb;t vh rfUme fUth fUt r;fqUt gt rJhtu"e CtJ ztt;e ntugt zttl ufUe ytNkfUt ntu< The occurance of any event or circumstance which would or is likely to prejudi- cially or adversely affect in any manner the capacity of the Borrower to repay the said loan. (@) gr=Fkz (S) bWrrF; rfUn fUthKtmugt mfUe yg fUthK mucfUfUtutd;t nturfUWmfUe r;Cqr; sturFb bni ;tucfU, WmfuUfUboathe gt Ysx fuUrtY gn Ji" ntudt rfUJu W"thfU;tofUtuvntul turxmr=Y rcl t ytih W"thfU;tofUe sturFb ;:t Faovh YJksh; ntu;tuWmfuU yxl eofuUv bytih W"thfU;tofuUl tb vh Y;=Ttht =]rck"fUhFudY at mkgkt, bNel he, WvfUhK YJkgkt, fUaubtt YJk;igth btt ytr= fuUxtfUfUt yrCd{nK fUh tytih Wl vh fUst fUh, atnuJurfUme Ce :tl vh hFudY ntytih Rmgtusl fuUrtY rsmvrhmh bW; mvrt hFe dRoni, JntkJuN fUhytih Wvr:; hnytih WmbJuN fUhl ufuUrtY gr=ytJgfUntu;tu=hJtsu YJkrF\zrfUgtk;tu\z;:t =]rck"fUhFudY mCe gt rfUme at mkgkt YJkbNel he ;:t fUaubtt ytih ;igth btt ytr= fuUxtfUfUtugtgttg fuUn;Guv fuUrcl t YfUmt: gt xwfU\ztbytih mtJsrl fU l ettbe tht gt tRJux mkrJ=t tht, bqg YJkWl fuUCwd;tl fuUWl rl ck"l tvh ;:t nfUgt nfU fuUmtg gt yg btbttmumkckr"; Wl N;tuofuUy"el rsncfUWra; mbS;t ntu, cuaytih cfU fUtugn yr"fUth ntudt rfUJn mtJsrl fUl ettbe tht cuaudY mtbtl fUtuFhe=uytih tt fUhugt rcf{e fUe rfUme mkrJ=t fUtuvtxuytih W; mvrt fUtuvql &cual umuntul uJtte rfUme Gr; fuUrtY Wth=tge nwY rcl t Wl fUe vwl &rcf{e fUhuytih RmfUth fUe rfUme rcf{e mutg f{g-"l gt WmfuU rfUme Ctd fuUCwd;tl fuUrtY Wl r;Cqr;gtvh gt rcl t r;Cqr; fuUYumt mbg =ursmucfUWra; 273 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 mbSuytih Yumt rl vt=l YJkYumumCe n;tk;hK YJkyg fUtgofUhytih f{g-"l fuUrtY CtJe hme= ;:t Yumt Wbtual =tl fUh rsmucfUWra; mbSuytih W; rcf{e fuUrtY Rl rJtuFtfuU y"el yr"fUth fUt gtud fUhl uJttugr; tht =e dRortrF; hme=f{g-"l fuUrtY CtJe Wbtual ntude ;:t f{u;t Wl fuUrfUme fUth fuUl wfUmtl gt =wvgtud vh gtl =ul ufuUrtY ctg gt Wth=tge l n ntudt> cfUfUtu=ug ;:t cfUtht tt fUtuRoCe htrN Yumuyl wf{b byl wgw; ntudt simurfU cfUmbg-mbgvh yvl umvqKorJJufUmuyr;b v murl "torh; fUhu(RmfuUyr;rh;, cfUsimumbg- mbg vh rl "torh; fUhu, Rmu;c ;fU;:t rsmv batnuWak; Ft;ubsbt hF mfU;t ni) Wvgwo; fuUvqJtod{nK fuUrcl t, tt fUe dRohtrN fUt rJrl gtud rl l rtrF; v bntudt& i) :b;&rl Keo; nstol t YJkydtt gts (yCtrh; gts mbu;) fuUr; ii) r;eg;&, Ctrh; gts fuUr; iii) ;];eg;&, ttd;, Cth ;:t cfUtht WXtY dY FatufuUr;, ;:t iv) ytrFh b, bqt =ug htrN fuUr; sc ;fUrfUcfUfUe fwUt htrN fUt Cwd;tl l n rfUgt st;t ni atnuJn Cq;, J;obtl gt CrJg fUt ntu, Jt;rJfUgt ytfUrbfUntu, stuW"thfU;totht =ug ntugt rsmfuUrtY W"thfU;togntk RmfuUy"el gt yg:t =tge ntumfU;t ntuy:Jt ntuawfUt ntu;:t atnuJn "tl v bntugt r;CqfuUv b, W"thfU;togn mnbr; =u;t ni rfUcfUfUe mCe r;Cqr;gtkytih/gt bwtYkstufwUA Ce ntsturfUme mbg cfUtht W"thfU;tofUe ytuh mugt WmfuUFt;ubrfUme v b, rfUme fUth mugt rfUme Ce W=T=ug mu"trh; fUe stYkde JucfUfuU"thKtr"fUth bntde ;:t/gt cfUfUe WmfuU }UK Ft;ubmbksl fUhl ufUt vqKoyr"fUth ntudt>cfUfUtuW; r;Cqr; YJk/gt bwt bmuW"thfU;to fuU=trgJ gt =ug;t fUtuWbtura; fUhl ufUe ;:t begt=e sbtytfuUbtbtubatnuJn Cwd;tl fuUrtY vrhvJ nwyt ntuy:Jt l n, YJkW"thfU;tofUtumqra; rfY rcl t (;:t Jt= =tgh fUhl ugt rJr"fU rf{gt thkC fUhl ufuUvqJogt vat;T) rsmv batnurJrl gtusl y:Jt Jmqte fUe J;kt;t ntude> m=TCtJvqJofUytfUrt; htrN, stu=trgJ fUe htrN ntude, WmucfUmbkra; fUh mfU;t ni> (j) In any of the events mentioned in clause (i) hereof or if for any other reason the Bank considers that its security is in jeopardy, it shall be lawful for the Bank, its servants or agents without previous notice to the Borrower but at the risk and expenses of the Borrower and if so required as attorneys for and in the name of the Borrower to seize and take possession of the movable plant, machinery, implements and equipment, stocks of raw materials and finished goods etc. hereby hypothecated in whatever place or places they may happen to be and for the purpose aforesaid to enter and remain upon any premises where the said properties may be and if necessary, to break open doors and windows in order to 274 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 obtain admission arid also to sell without the intervention of the Court all or any of the hypothecated movable plant and machinery and stocks of raw materials and finished goods etc. either together or in parcels and either by public auction or private contract on such terms as to price and the payment thereof and subject to such conditions respecting title or evidence of title or other matter as the Bank may think fit with power to the Bank to buy in any sale by public auction and to receive or vary any contract for sale and to resell the said properties without being answerable for any loss occassioned thereby and upon any such sale to give time for the payment of the purchase money or any part thereof and upon such security or without security as the Bank shall think fit and to execute and do all such assurances and things and to give effectual receipt and discharge for the purchase money as the Bank shall think fit and on any such sale as aforesaid the receipt in writing of the person exercising power under these presents shall be an effectual discharge for the purchase money and the purchaser shall not be bound to see to the applicatien or be responsible for any loss or misapplication of the same. Any money due and payable to the Bank and received by the Bank shall be applied in such order as the Bank in its absolute discretion may from time to time conclusively determine (save that the Bank may credit the same to a suspense account for so long and in such manner as the bank may from time to time determine). Without prejudice to the above, the monies received shall be appropriated in the following manner: i) Firstly, towards liquidated damages and further interest (including uncharged interest); ii) Secondly, towards interest charged; iii) Thirdly, towards costs, charges and expenses incurred by the Bank; and iv) Lastly, towards the principal amount due. Until payment is made to the Bank of all the amounts, whether past, present or future, actual or contingent, which may be payable by the borrower or for which the Bor- rower may be or become liable hereunder or otherwise and whether as principal or surety, the borrower agrees that the Bank shall have a lien and/or right of set off on all securities and/or monies whatsoever held at any time by the Bank on account of or to the credit of the Borrower in or for any account or manner or purpose howsoever. The Bank shall be at liberty to discharge the said obligations or liabilities of the borrower out of the said securi- ties and/or monies, and in case of term deposits, whether the same have matured for pay- 275 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 ment or not, and may appropriate or realise them in the manner thought fit by it and with- out notice to the Borrower (and whether before or after filing suit or taking any legal pro- ceedings). The Bank may set off an amount estimated by it in good faith to be the amount of that obligation. RmfUth fUe rcf{e munwRoNw ytg muW; mtJr" }UK Ft;ufuUy"el gt WmfuUmv" bcfUfUe cfUtgt htrN fUt vqKoCwd;tl fUhl ufuUct=Ce gr=fUtuRohtrN NuMca st;e ni ;tugn cfUfuUrtY rJr"-mkd; ntudt rfUJn W; yr"NuMhtrN fUtu;:t Wmmbg cfUfuUvtmfuUrfUme Ce Ft;ubW"thfU;tofUe stuCe Ft;ubW"thfU;tofUe stuCe htrN ntuWmuyvl uvtmhFuytih Wl fUt Wvgtud Wl mCe htrNgtfuUvrhmbtvl nu;wCwd;tl fuUv bfUhustuW"thfU;tofuUvtmyfuUtu cfUtgt ntugt ntumfU;e ntugt rfUme yg gr; gt gr;gt, VUbogt fkUvl e fuUvtmmkgw; v mu}UK, Cwl tY dY rct, mtF vt, dthkxe, Cth fuUv bcfUfUt cfUtgt ntugt yg rfUme }UK gt =ug;t ytih yg YumuJ;obtl =trgJ fuUv bntustug rv Wmmbg cfUtgt gt =ug l n ni gt cfUfUe W"thfU;tomuyg J" gt gtgtura; btkd fuUv bntugt rsmuytvme }UK fuUbwsht fuUfUtl ql tht rfUme btbtubJefUth rfUgt dgt ntuytih sntkW"thfU;toNtu"l yGb gt r=Jtrtgt gtgrl Keo; nwyt ntugt ntu;t ntugt vrhmbtfUl fUe r:r; bgt yg r:r; bntu, ;:t Wmvh gts Wm;theF murtgt stYdt rsm;theF fUtumCe gt fUtuRoyrd{b =tl rfY dY :uytih WmfUe =h/=hJne ntde stuWmyrd{b vh gt WmfuUmc" brl "torh; :>rcf{e munwRoytg fuUyJNuM Ctd fUtu, gr= fUtuRontu, W"thfU;tofUtu=tl rfUgt stYdt> That in the event of there being a surplus available of the net proceeds of such sale after payment in full of the dues of the Bank under or in respect of the said term loan account, it shall be lawful for the Bank to retain and apply the said surplus together with any other moneys belonging to the Borrower for the time being in the hands of the Bank in or under whatever account as far as the same shall extend against, in or towards payment or liquidation of any and all other moneys which shall be or may become due from the Borrower whether solely or jointly with any other person or persons, firms or company to the Bank by way of Loans, Discounted Bills, Letters of Credit, Guarantees, Charges or of any other debt or liability and other obligations current though not then due or payable or other demands legal or equitable which the Bank may have against the Borrower or which the law of set-off of mutual credit would in any case admit and whether the Borrower shall become or be adjudicated bankrupt or insolvent or be in liquidation or otherNise and inter- est hereon from the date on which any, and all advances in respect thereof shall have been made at the rate/rates at which or respective rates the same shall have been made at the rate/rates at which or respective rates the same shall have been so advanced. The residue of the sale proceeds, if any, shall be paid to the Borrower. 276 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (@)(fU) gn rfUcfUtht W"thfU;toytfUtu=e stl uJtte }UK/yrd{btfUe vqJoN;ofuUv b W"thfU;toytRmfuUtht Rmct; vh mnbr; gr; fUh;un rfUW=thfU;toYk}UK/yrd{btfUe y=tgde by:Jt Wl vh gts y:Jt =ug ;theF fUturfUme mb; rfU; fUe y=tgde baqfUfUh;tucfU ytih/y:Jt Cth;eg rhsJocfUfUturcl t N;ogn yr"fUth ntudt rfUJuWl fuUy:Jt Wl fUe fkUvl e/VUbo/ gq rl x ytih Wmfu Url =u NfUt /Ctde=tht /Jtrbgtfu Ul tb cfUy:Jt Cth;eg rhsJocfUyvl uvq KorJJu fUtr"fUth musimt XefUmbSufUx gt fUtrN; fUh mfU;un> (J)(A) That the Borrowers hereby agree as a pre-condition of the loan/advances given to them by the Bank that in case the Borrowers commit default in the repayment of the loan/ advances or in the repayment of interest thereon or any of the agreed instalment of the loan .on due date/s, the Bank and/or the Reserve Bank of India will have an unqualified right to disclose or publish their names or the name of their company/firm/unit and its direc- tors/ partners/proprietors as defaulter in such manner and through such medium as the Bank or Reserve Bank of India in their absolute discretion may think fit. (@)(F) W"thfU;tofUtur=Y stl uJttu}UK/yrd{b/yg dih-rl r" yt"trh; }UK mwrJ"tytfuUrtY YfUvqJoN;ofuUv bcfUfUtuW"thfU;tomuRmct; fUe mnbr; tt fUhl t she ni rfUJn W"thfU;totht tt fUe dRo/tt fUe }UK mwrJ"tytmumkckr"; mqal t ytih ytkfU\zt<W"thfU;totht "trh;/"trh; fUe stl uJtte ;mkck"e =ug;tytytih WmfuUvttl bW"thfU;totht fUe dRoaqfU(gr= fUtuRontu) fUtufUx fUh mfU;t ni> (ii) ;=l wmth W"thfU;toY;=Ttht Jef]Ur; ytih mnbr; =u;t ni rfUcfUgr= Wra; ytih ytJgfUmbSu;tu}UK mqal t gqhtu(Cth;) rt. ytih RmfuUrtY Cth;eg rhsJocfUtht tr"f]U; rfUme yg Ysme fUturl l rtrF; mCe gt RmfUth fUe fUtuRoCe stl fUthe =umfU;t ni& fU) W"thfU;tofuUcthubmqal t ytih ytkfU\zt< F) W"thfU;totht tt fUe dRo/tt fUe stl uJtte }UK mwrJ"tytmumkckr"; mqal t gt ytkfU\zt, ytih d) Wl =trgJtfuUvttl bW"thfU;totht fUe stl uJtte aqfU, gr=fUtuRontu> (iii) W"thfU;togn DtuMKt fUh;t ni rfUWmfuUtht cfUfUtu=e dRomqal t ytih ytkfU\zt mg ytih mne ni> (iv) W"thfU;togn Jal =u;t ni rfU& fU) }UK mqal t gqhtu(Cth;) rt. ytih Rm;hn mutr"f]U; fUtuRoYsme cfU tht fUx fUe dRoW; mqal t ytih ytkfU\zt fUt Wvgtud ;:t mkmt"l fUh mfU;t ni<;:t 277 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 F) }UK mqal t gqhtu(Cth;) rt. ytih Rm;hn mutr"f]U; fUtuRoYsmemkmtr"; mqal t ytih ytkfU\zt gt yvl utht rl rbo; WmfuUWvt=tfUtuCth;eg rhsJo cfUtht RmfuUrtY rl r=o cfUt/rJteg mk:tytfuUrJatht:o;w; fUh mfU;t ni> J(b) As a pre-condition, relating to grant of the loans/advances/other non-fund based credit facilities to the borrower, bank requires borrowers consent for the disclosure by the bank of, information and data relating to the credit facility availed of/to be availed, by bor- rower; obligations assumed/to be assumed, by borrower, in relation thereto and default, if any, committed by borrower in discharge thereof. (ii) Accordingly, borrowers hereby agree and give consent for the disclosure by the Bank of all or any such; a) information and data relating to borrower; b) the information or data relating any credit facility availed of/to be availed, by borrower; and c) default, if any, committed by borrower in discharge of borrower such obligation, as the Bank may deem appropriate and necessary, to disclose and furnish to Credit Information Bureau (India) Ltd., and any other agency authorised in this behalf by RBI. (iii) Borrowers declare that the information and data furnished by borrower to the Bank are true and correct. (iv) Borrowers undertake that : a) the Credit Information Bureau (India) Ltd., and any other agency so authorised may use, process the said information .and data dis- closed by the Bank; and b) the Credit Information Bureau (India) Ltd., and any other agency so authorised may furnish for consideration, the processed informa- tion and data or products thereof prepared by them, to banks/finan- cial institutions and other credit guarantees, as may be specified by the Reserve Bank of India in this behalf. (x) Rmbrl rn; rfUme ct; fuUntu;unwY Ce ytih rcf{e fuUyr"fUth gt yg rfUme yr"fUth vh r;Cqt CtJ ztturcl t, simt rfUQvh fUnt dgt ni, =]rck"fUhFudY at mkgkt YJkbNel he, 278 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 fUaubtt ;:t ;igth btt ytr= fuUxtfUfUtugtgttg fuUn;Guv fuUrcl t cual ufuUrtY cfUfuU nfU=th ntul ufUe r:r; bcfUfuUrtY gn rJr"mkd; ntudt rfUJn rtrF; v brfUme gr; fUtu, stnuJn cfUfUt yr"fUthe gt fUboathe ntugt l n, Y;=Ttht =]rck"fUhFe dRomkvrt gt WmfuUrfUme Ctd fUt rhmeJh cl tY<mt: ne cfUfUtugn yr"fUth ntudt rfUJn WmrhmeJh gt Wl rhmeJhtfUtu nxt =ytih/gt WmfuUgt Wl fuU:tl vh =qmhufUturl gw; fUhuytih RmfUth rl gw; rfY dY rhmeJh gt rhmeJhtfUtugn yr"fUth ntudt rfUJuW"thfU;tofuUrtY gt Wl fuUl tb b=]rck"fUhFudY at mkgkt ;:t bNel he, fUaubtt ;:t ;igth btt ytr= fuUxtfUvh fUst fUh mfUgt Wl fUt atso tumfUytih/gt W"thfU;tofuUgJmtg fUtuattY>cfUtht rl gw; RmfUth fuUgr; RmfUhth bl trb; gr; btl ustYkdu> (k) Notwithstanding anything herein contained and without prejudice to the power of sale or any other powers, it shall be lawful for the Baok at any time or times in the event of the bank being entitled to sell the hypothecated movable plant and machinery, stocks of raw materials and finished goods etc. without the intervention of the Court as aforesaid to appoint by writing under its hand a person whether the Banks Officer or employee or not to be a Receiver or Receivers of the properties hereby hypothecated or any part thereof with powers to the Bank to remove or obtain the removal of such Receiver or Receivers and/or to appoint another or others in his or their places and the Receiver or Receivers so ap- pointed shall have power for and in the name of the Borrower or otherwise to take posses- sion and charge of the hypothecated movable plant and machinery, stocks of raw materials and finished goods etc. and/or to carry on the business of the Borrower. The person or persons so appointed by the Bank shall be deemed to be a person or persons named in this Agreement. (X) W; rhmeJh mCe fUth fuUW"thfU;tofUt Ysx btl t stYdt ytih rhmeJh fuUfUtgtuYJk gr;f{btfuUrtY W"thfU;toyfuUtune Wth=tge ntudt> (I) The said Receiver shall be deemed to be the Agent of the Borrower in all re- spects and the Borrower shall be solely responsible for the Receivers acts and defaults. (z) RmfUth murl gw; rhmeJh fUtu, cfUfuUrl =uNtfuUy"el gn yr"fUth ntudt rfUJn& (m) The Receiver so appointed shall subject to the directions of the Bank, have power: (i) Y;=Ttht =]rck"fUhFe dRomvrt vh fUst fUhu;:t RmW=T=ug fuUrtY Wm fUtgtotg, fUthFtl ugt vrhmh bJuN fUhu, WmfuUCe;h stY ytih JntkWvr:; hnu snt=]rck"fUhFudY at mkgkt YJkbNel he, fUaubtt ;:t ;igth btt fuUxtfU gt WmfuUfUtuRoCtd hFudY nt< To take possession of the properties hereby hypothecated and for the pur- 279 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 pose to enter, upon, get into and remain in the office, factory or premises where the hypothecated movable plant & machinery, stocks of raw materi- als and finished goods or any part thereof may situate; (ii) W"thfU;tofuUgJmtg fUtuattY gt attl ubmntg;t fUh< To carry on or assist in carrying on the business of the Borrower; (iii) =]rck"fUhFudY rfUme Ce at mkgkt YJkbNel he, fUaubtt ;:t ;igth btt fuU xtpfUfUtumtJosrl fUl ettbe gt rl se mbSti;utht ;:t Wl rl ck"l tYJkN;tuvh rsnJn Wra; mbSt;t ntu, cuaugt cual ufuUrtY mnbr; =u< To sell or concur in selling any of the hypothecated movable plant & ma- chinery, stocks of raw materials and finished goods either by public auction or by private treaty and on such terms and conditions as he shall think fit; (iv) fUtuRoCe Yumt XnhtJ gt mbSti;t fUhursmuJn ytJgfUgt Wvgw; mbS;t ntu< To make any arrangement or compromise which he shall think necessary or expedient; (v) cfUtht gtgturs; rfUme Ce yr"fUth fUt gtud fUh> To exercise any power that may be delegated to him by the Bank. (Z) Rm fUth murl gw; rhmeJh rfUme Ce yr"fUth fuUgtud fuUrtY Ysx, ;fUl erNgl , ck"fU, rtrvfU, muJfU, fUbofUth ;:t =qmhtfUtuWl N;tuvh ;:t Wl Ju;l tYJk vrhtr"gtvh rl gturs; fUh mfU;t ni, rsnJn Wra; ;:t Wvgw; mbS;t ni> (n) The Receiver so appointed may for the purpose of exercisi.ng any of the powers employ agents, technicians, managers, clerks, servants, workmen and others upon such terms and on such salaries or remuneration as he shall think fit and proper. (K) r;Cqr; fUe rcf{e mugt yg fUth murhmeJh rsl htrNgtfUtutt fUh;t ni Wl fUt Wvgtud rhmeJh tht Rmr;Cqr; fUe rcf{e fuUmc" bgt Rmmc" byg fUth mu;:t WmfUe vrhtr"gtfuUCwd;tl vh rfY dY FstuoYJkttd;tfUt Cwd;tl fUhl ufuUct=, simt rfUWv-Fkz (S) bvntufUnt dgt ni, cfUfUe cfUtgt mCe htrNgtfuUvrhmbtfUl vh rfUgt stYdt> (o) Any money realised by the Receiver by sale of the security or otherwise shall, after payment of all costs and expenses incurred by him relating to the sale or otherwise in connection with this security and in payment of his remuneration be applied in or towards liquidation of all moneys due to the Bank as hereinbefore stated in sub-clause(i). 280 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (;) rmVoUWl htrNgtfUtuAtu\zfUh stuJt;J btt nwRoni, l ;tucfUytih cfUfUt yr"fUthe ytih l ne RmfuUy"el fUtuRorhmeJh rfUme Ce r:r; brfUme fUth fUe Yume yJirAfU ntrl fuUrtY Wth=tge gt sJtc=un ntudt, sturcf{e fuUyr"fUth fUt gtud fUh;unwY gt Rmb=e dRo gt cfUfUtugt RmfuUy"el fUrme rhmeJh fUtu=e dRogt rJtuF fuUy"el gt fUhl ql tht =t rfUn yr"fUthtfUt gtud fUh;unwY ntumfU;e ni, ytih cfU;:t rhmeJh ytih Wl fuUytih/gt WmfuU Ysx gt =qmhugr; stuswl fUe gt WmfUe ytuh muW; yr"fUthtfUt gtud fUh;un, JuW"thfU;to fuUYsx btl ustYkduytih cfU=]rck"fUhFudY at mkgkt YJkbNel he, fUaubtt ;:t ;igth btt fuUxtfUfUt yrCd{nK fUh;unwY gt Wmucua;unwY gt Wmvh rhmeJh rl gw; fUh;unwY l ;tufUst fUhl uJttt ck"fU=th ntudt ytih l btl t stYdt> (p) Neither the Bank nor the Officer of the Bank nor any Receiver hereunder shall under .any circumstances be liable except for moneys actually received or be answerable for any involuntary losses which may happen in or about the exercise of the power of sale or any of the powers herein contained or otherwise vested in the Bank or in any Receiver hereunder or by virtue of these presents or by law and the Bank and the Receiver and their and/or his agents or other persons in their or on his behalf exercising any of the powers aforesaid shall be deemed to be the agents of the Borrowers and the Bank by entering upon or seizing any of the hypothecated movable plant & machinery, stocks of raw materials and finished goods or by selling the same or by appolilting a Receiver thereof shall not be or be deemed to be a mortgagee in possession. (:) Rmr;Cqr; fuUJ;ol fuUrtY gt W; mtJr" }UK fuUmc" bfkUvl e mucfUtgt htrN fUe Jmqte fuUrtY gt YumeJ yg r:r;gtbfUtuRoJt= mkr:; rfY stl uvh stuRmrJtuF bmu rfUme fUth mcr"; ntu, cfUfUtugn nfUntudt rfUJn =]rck"fUhFudY at mkgkt YJkbNel he, fUaubtt ;:t ;igth btt fuUxtfU;:t WmfuUCt\zuRgqYJkttC fUt atsotul ufuUrtY yvl u l trb;e fUturhmeJh YJkck"fUfuUv brl gw; fUhuytih W"thfU;torhmeJh YJkck"fUfUe rl gwr; fuUrtY Y;=Ttht mnbr; =u;t ni> (q) In case ofinstitution of any suit for the enforcement of this security or for the recovery of moneys due from the company in respect of the said term loan or otherwise in any way concerning these presents the Bank will be entitled to have its nominee ap pointed as Receiver and Manager to take charge of the hypothecated movable plant & machinery, stocks of raw materials and finished goods and the rents, issues and profits thereof and the Borrower doth hereby consent to such appointment of Receiver and Manager, (=) cfURmrJtuF fuUy"el gt fUhl ql tht r= dY rfUme yr"fUth fUt l ;tugtud fUhl u fuUrtY ytih l ne rfUme mbg Rmr;Cqr; fUtuJr;o; fUhl ufuUrtY fUtuRofU=b WXtl unu;wJtg ntudt, mt: ne Jn Rl bmurfUn yr"fUthtfUt gtud l fUhl umuntul uJtte rfUme ntrl fuUrtY Ce 281 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Wth=tge l n ntudt> (r) The Bank shall neither be bound to exercise any of the powers under these presents or by law exercisable by the Bank nor to take steps to enforce the security at any time and shall not be liable for any loss arising for the non-exercise of any of such powers. (") W"thfU;tocfUfUtuytih cfUtht l trb; WmfuUyr"fUthe/yr"fUtrhgtfUtuytih RmrJtuF fuUy"el rl gw; rfY stl uJtturhmeJh gt rhmeJhtfUtuY;=Ttht yr;mknhKeg v muyr"fUthtfuU gtgtusl mrn; yvl t yxl eorl gw; fUh;t ni stuY;=Ttht rl rbo; r;Cqr; fUtumvt fUhl u, cl tY hFl u ;:t Jr;o; fUhl ufuUrtY ytih =]rck"fUhFudY at mkgkt YJkbNel he, fUaubtt ;:t ;igth btt fuUxtfUfUe rcf{e ntul uvh WmfuUrJtuF, cebt, n;tk;hK fUt rl vt=l fUhl ufuUrtY ytih gr= W"thfU;tofUtuRogr;f{b fUh;t ni ;tuWmfuUmCe =trgJtfUt vttl fUhl ufuUrtY W"thfU;tofuUl tb vh YJkWmfUe ytuh muWl mCe fUthoJtRogtYJkfUtgtufUtumvt YJkrl tvr=; fUhl ufuUrtY nfU=th ntudt rsnJn Wra; mbS;t ntu, mt: ne Wmugn yr"fUth ntudt rfUJn RmrJtuF gt WmfUe r;Cqr; fuUmc" brfUme fUtuxogt yg tr"fUhK fuUmbG W"thfU;tofUt r;rl "J fUhuytih cfU fUtu;:t WmfuUtht rl gw; rfUme rhmeJh fUtuRmrJtuF tht =t mCe yr"fUthtgt rfUme yr"fUth fUt gtud fUh;unwY W"thfU;tofuUl tb fUt mtbtg;&Wvgtud fUhu> (s) The Borrower hereby irrevocably appoints, with power of delegation the Bank and its Officer/s nominated by the Bank in this behal,f and the Receiver or Receivers to be appointed under these presents to be its Attorney and in the name and on behalf of the Borrower to execute and do all such acts, deeds and things as such attorney shall think fit for perfecting, maintaining and enforcing the security hereby created and for executing any deeds, assurances, transfer regarding the hypothecated movable plant & machinery, stocks of raw materials and finished goods in case of sale and for performing all obligations of the Borrower hereunder in the event of any breach by the Borrower with power to represent the Borrower before any Court or other authority in connection with these presents or the secu- rity thereof generally to use the name of the Borrower in exercise of all or any of the pow- ers by these presents conferred on the Bank and any Receiver appointed by it. (l ) gn r;Cqr; cfUtht yCe hFe dRogt ct=bhFe stl uJtte rfUme yg r;Cqr; gt dthkxe gt Gr;vqr;otht gt W;=Ttht mkhrG; rfUme htrN gt Wmr;Cqr; fUe bwr;, rJrl bg gt VuUhVUth mur;Cqt v muCtrJ; l n ntude> (t) This security shall not be prejudiced by any other security or guarantee or in- demnity now held or hereafter to be held by the Bank or any money hereby secured or by any release, exchange or variation of such security. 282 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Qvh WrrF; yl wmqae THE SCHEDULE ABOVE REFERRED TO : (fU) mkgkt YJkbNel he fUt gtuht (a) Particulars of plant & machinery (F) J;wytfUt gtuht (b) Particulars of goods RmfUe mtGe fuUv bW"thfU;tol uRmrJtuF fUtuRmbmbmuQvh rtrF; r=l , bnel uYJk JMobrl tvr=; rfUgt ni> IN WITNESS WHEREOF THE Baorrower has hereunto executed these presents the day, month and year first above written. l tux &RmVUtbofuUrn=e vtX murfUme fUth fuUJt=-rJJt=fuUWvt ntul ufUe r:r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> NOTE : In the event of any controversy arising out of Hindi version of this Form, the original English text of it will be treated as authoritative. 283 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y/A 9ce/B gq fUtucf UCO BANK btkd lfU=e_ }UK fUtumwhrG; fUhlunu;w=]rck"f YJkcne}UK hFtl HYPOTHECATION & BOOK DEBTS TO SECURE DEMAND CASH CREDIT ck"fU/ The Manager, gqfUtucf / UCO BANK ............................................................... ............................................................... gqfUtucfUstucfUfUtherJr" (mkNtu"l ) yr"rl gb, 1985 tht g:tmkNtur"; cfUfUthefkUvl e(Wvf{bt fUt ysol ytih yk;hK) yr"rl gb 1970 fuUy"el drX; YfUrl drb; rl fUtg ni ytih rsmfUt "tl fUtgto tg 10, c{ u ctu l ogtu z, fUtu tfUt;t Nnh bni ;:t stuyg :tl tfu UyttJt........................................ bCecrfk Ud fUthcth fUh hnt ni (rsmuRmfu Uvat; IIcfUOOfUnt dgt ni) ytih........................................ be........................................................................... (rsmuRmfuUvat; W"thfU;tofUnt dgt ni) fuUyl whtu" vh......................................................... br:; cfUfUeW; NtFt fUtgtotg fuUbtgb muW"thfU;tofUtuyrd{b =tl rfUgt dgt ytih/gt }UK Jef]U; fUhl ufUe mnbr; =e dRoytih W; NtFt bcfUfUe crngtbl fU=e }UK Ft;t Ftutt dgt>rfUme yg r;Cqr; stuvntune hFe dRo ni gt stuRmfuUvat; cfUtht hFestYdefuUyr;rh; Wme;theF b;w; h............................ (hvgu..........................................................................................fuUJt) fuUJal vt IfUtubtkdOvh Yumu ;hefuUmumkhrG; hFt stYdt stuRmfuUvat; Wvt" YJkmkhrG; ntudt> UCO Bank a body corporate constituted under the Banking Companies (Acquisition and transfer of Undertakings) Act 1970 as amended by the Banking Laws (Amendment) Act, 1985 having its head Office at No. 10, B.T.M. Sarani, in the town on kolkata and carrying on banking business amongst other places at ............................................ (hereinafter called the Bank) having at the request of ............................................... at .................................................. (hereinafter called the Borrowers made advance to and/or agreed to grant accommodation to the borrowers through the Banks said branch office at ............................................... and to open a Cash Credit account in the books of the Bank at its said branch. Secured in the manner hereinafter provided and secured also by an On Demand Promissory Note for 284 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Rs. ............................... (Rupees ......................................................................................... only) bearing even date with these presents in addition to any other security already held or which may hereinafter be held by the Bank. cfUytih W"thfU;to(W"thfU;tosntkYfUmuyr"fUgr; n mkgw;;&ytih v]:fU;&mnb; n) JuY;=Ttht rl l fUth mumnbr; nwRo& It is agreed between the Bank and Borrowers (the borrowers where more than one person agreeing jointly and severally) as follows: 1) gn rfUW"thfU;tofuUmCe rJ btl ;:t CtJe cne }UK, rct, htrN trtgtstuattqn YJk =tJu, fUtuRor;fqUt CtJ ztturcl t rsmuW"thfU;totht yl wmqae fuUyl wmth ;w; rfUgt stYdt gt rsmumbg-mbg vh cfUfUtu;w; rfUgt stYdt gt hrtN stuW"thfU;tofUtutt ntul uJtte ni gt Wl fuUd{tnfUttht Wntg ni, gt htg mhfUth tht, Wl fuUyg rJCtdtmutg n, JucfUfUtu =]rck"fUhFe stYkde ;:t cfUfuUmbl w=Nr;gtfUtu:b Cth Jv hFe stYde YJkcfUfUe btkd vh cfUtgt NuMhtrN ;:t cfUfuUJ;obtl gt CtJe }UK gt =ug;t fUe awfUti;e nu;wcfUfUe rfUme NtFt/fUtgtotg b"trhfUFt;ub(atnuCth; dKhtg bgt rfUme yg :tl vh) ;:t atnuvqKov mugt mkgw; v mu=qmhtfuUmt: bwg gt r;CqfuUv bbwg gt mvtrJofUv mutu=TCq; ;:t mCe gts, ct, fUbeNl , ttd; fuUmt: tu=TCq; (Yxtl eo;:t d{tnfUfuUcea) Cth ;:t gg sturfUme Ce Ft;umumkckr"; ntu;:t Rmr;Cqr; fuUhFhFtJ, hGt, mwhGt, Rmucl tY hFl u;:t vqKo;t fuUrtY ytJgfUntugt Jt;rJfUJmqte gt ;trJ; Jmqte ;:t rfUme Ce Yumu}UK gt =ug;t simt rfUQvh fUnt dgt ni, Jime =ug;t gt cfUtht gg rfUgt dgt ntu, YumumCe =ug;tyt fUtucfUtht W"thfU;tofuUFt;ubl tbuzttt stYdt> That all the Borrowers present and future book-debts bill money receivable chooses in action and claims including in particular but without prejudice to the generality of the foregoing and more particularly as detailed in a Schedule to be furnished by the Borrowers to the Bank from time to time all sums due or to become due hereafter to the Borrowers from their customers and the Government of India or the State Government through the supply and other Departments shall be hypothecated to the Bank and its assigns by way of first charge as security for the payment to the Bank on demand of the balance at any time at debit of the said account and also for the payment and discharge of the Borrowers present and future indebtedness and liabilities to the Bank of any kind in any manner and in respect of any account at any office of the Bank (whether in Republic of India or elsewhere) and whether solely or jointly with others and whether as Principal or as surety whether primary or collateral accrued and accruing together with all interest discount commission cost (between Attorney and Client) charges and expenses in relation to any such account and for the preservation, protection, defence and perfection of this security or for attemped or actual 285 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 realisation and any such indebtedness or liability as aforesaid payable to or incurred by the Bank all of which may be debited to the said account. 2) gn rfUCth;eg rhsJocfUfUe =h mu................................%yr"fU=h vh gts/fUbeNl /Cth vh;wgql ;b...............................%r;JMofUe =h mubtrmfU/r;btne/Abtne NuMfuUyt"th vh r;r=l fuUNuMfuUyl wmth ytvrt; htrN cfUfuUvG bRmFt;uvh ;:t r;btn fuUyr;b fUtgor=Jmvh Ctrh; gt yg:t cfUfUe :t fuUyl wmth Ctrh; rfUgt stYdt sc ;fUrfUcfUtgt vqKo;&awfU;t l ntustY ;:t sc Ce btkd fUe stY W"thfU;totht r=gt stYdt JN;rfUWvgwo; gts =h/ fUbeNl /Cth cfUtht mkNtur"; l rfUgt stY gt cfUfuUJrJJufUvh c\Ztgt l stY, rsmfUe mqal t W"thfU;tytfUtucfU=udt gt mbg-mbg vh Ct.rh. cfUtht c\Ztgt st;t ni ;:t Yume J]r mu W"thfU;tomnb; ntdu;:t gts =h/fUbeNl /Cth bfUtuRoJ]r gt mkNtu"l ntu;t ni ;tuRmfUhth fuU cthubgn mbSt stYdt rfURmfUth fuUmkNtur";/Jr"o; gts/fUbeNl /Cth Y;=Ttht WrrF; :u ;:t W"thfU;toRnawfUtl ufuUrtY mnb; ni ;:t Y;=Ttht gumCe r;Cq; n> That interest/commission/charges at the rate of ........................ % overthe Reserve Bank of India rate with a minimum of ........................ % per annum with monthly/quarterly/half yearly rests shall be calculated on the daily balance in the Banks favour due upon the said account and charged on the last working day of each month or otherwise in accordance with the practice of the Bank until the same is fully liquidated and shal! be paid by the borrowers as and when demanded by the Bank, PROVIDED HOWEVER that the above rate of interest/ commission/charges may be revised or increased by the Bank either in its sole discretion of which notice shall be given to the Borrowers or in accordance with the directives of Reserve Bank of India issued from time to time and the Borrowers hereby agree to such revision and increase in the rate of interest/commission/charges and this Agreement shall be construed as if such revised or increased rate of interest/commission/charges were mentioned herein and agreed to be paid by the Borrowers and are hereby secured. 3) gn rfUcfUJrJJufUfuUyt"th vh W"th =ul ugt W"th sthe hFl ufuUrtY J;kt ni ;:t rfUmeCer:r; bYfUmbg bgts fu Umt: ................................................... (hvgu............................ ........................................................) gt..............................................%fuUchtch htrN stucne }UK fUe fwUt htrN fuUchtch ntude stumbg-mbg vh Wvt ntude ;:t stuCe htrN fUb ntude Wm htrN fUtu;:t cfUtgt rct fUe mqae fuUyl wmth htrN fUtuW"thfU;totht cfUfUtu;w; rfUgt stYdt> That the Bank shall not be required to make or continue advances otherwise than at the Banks discretion and in no circumstances to an amount at anyone time exceeding with interest .............................................. (Rupees. ...........................................................) or the equivalent of ................................... percent of the aggreegate amount of the said book-debts as from time to time existing whichever sum may be the less and as per schedule of bills 286 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 outstanding to be furnished by the Borrowers from time to time to the Bank. 4) gn rfUcfUtht btkd rfY stl uvh Wmmbg cfUtgt v\ze htrN fUe W"thfU;toCwd;tl fUhudt ;:t stuhtrN cfUfUtuWmFt;uvh tg ntude, stuhtrN gts/fUbeNl /Cth simt rfUWvgwo; =h bWuF ni Jn htrN Cwd;tl fuUr=l fUtucfUfUtugts mrn; =ug ntude> That on demand being made by the Bank the Borrowers will pay to the Bank the Balance then outstanding and payable to the Bank on the said account inclusive of interest/ commission/ charges at the rate above mentioned to the date of payment. 5) gn rfUY;=Ttht r;Cq; htrN fUe awfUti;e bW"thfU;toaqfUfUh;t ni gt Jn RmfUhth fuU y;do; cfUfuUr; rfUme Wth=trgJ fuUrl Jonl baqfUfUh;t ni gt gr= Yume vrh:r; yt st;e ni stur;Cqr; fUtusturFb bztt =u;t ni, cfUW"thfU;tofUe sturFb vh ;:t FauobW"thfU;tofUe Yxtl eofUe nirmg; mugt yg:t JJ tumfuUdt ;:t gt rhmeJh rl gw; fUhudt gt =tJt fUhudt, mqal t =udt ;:t W"thfU;tomubtkd fUhudt ;:t ;];eg vG fUtursbu=th XnhtYdt WmmuJmqt fUhudt ;:t mkckr"; hme= =udt ;:t rcf{e fUhudt gt mtJosrl fUl ettbe fuUbtgb muJmqte fUhudt gt gr;d; fUhth gt yg:t rcf{e fUhudt gt rfUme ykN fUt gt mCe }UK gt =uJufUtuttdqfUhudt, RmfUt rl vxtl fUhudt gt ytrJox[uNl fUtuurM; fUhudt, Wmr;Cqr; fuUrtY W"thfU;tofuU=trgJ fUtuvqht fUhl ufuUrtY, yr"fU;tocntt fUhudt, gt yg:t RmbmurfUme Nr; fuUgtud fuUrtY ctg l ntufUh gt RmfuU gtud munwRoGr; fuUrtY =tge l n ntudt ;:t cfUfuUyr"fUth CtrJ; l n ntdu;:t btbtt =tgh nu;wGr;vqr;ofuUrtY =tge l n ntudt gt yg:t ;:t Rmct; fuUntu;unwY Ce fUtuRobtbtt tkrc; ni gt W"thfU;toyk;hK ;:t vuN fUhl ufuUrtY mkckr"; rJtuF, vt fUhl unu;w;igth ntu;t ni ;:t cfU tht =e dRohme= stu}UK fUe Jmqte Jv ntude WmuJefUth fUhl ufuUrtY ;igth ntudt ;:t Rmb gr= fUtuRohtrN fUb v\z dRontu;tuWmuawfUtl ufuUrtY ;igth hnudt ;:t WmucfUfUe Jef]Ur; fuU y"el ;:t r;Cqr; rJtuF fUtucfUfUe }UK gt =tJufUtuawfUtl ugt vqKo;&awfU;t fUhl ufuUrtY rJNuMv muWr fUhudt ;:t W"thfU;tor;Cqr; vh fUtuRoCth gt d{nKtr"fUth m]ra; l ni fUhudt gt rJkdb Wvt l n fUhudt ;trfUJn Ctrh; ntugt WmfUt fUtuRoykN CtrJ; ntuytih Yumt fwUA Ce l n fUhudt stuRmr;Cqr; fUtuCtrJ; fUhu> That in case of any default of the Borrowers in payment of any money hereby secured or the performance of any obligation to the Bank under this agreement or the occurrence of any circumstances in the opinion of the Bank endangering this security the Bank shall be entitled at the Borrowers risk and expenses as attorney for and in the name of the Borrowers or otherwise to take possession and or appoint receivers of any debts or claims under this security give notices and demands to debtors and third parties liable therefor due for recover receive and give receipts for the same and sell or realise by public auction or private contract or otherwise dispose of all or any part of such debts or claims and enforce settle compromise submit to arbitration or deal in any manner with any debts of claims under this security and 287 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 to complete any engagement of the Borrowers through Agents Managers or otherwise without being bound to exercise any of these powers or being liable for any loss in the exercise thereof and without prejudice the Banks rights and remedies of suit or otherwise and notwithstanding there may be any pending suit or other proceedings the Borrowers undertaking to transfer and deliver to the Bank all relative documents and papers and agreeing to accept the Banks accounts of receipts from realisations as sufficient proof of amounts realised and relative expenses and to pay any shortfall or deficiency thereby shown provided that subject to these powers of the Bank the Borrowers may with the approval of the Bank deal with the said debts and claims in due course of business on the express understanding that the same and all proceeds thereof and documents therefor are always kept distinguishable and held as the Banks exclusive properly specifically appropriated to this security to be dealt with only under the direction of the Bank and the Borrowers shall not create or suffer any charge lien or encumbrance to affect the same or any part thereof nor do allow anything that may prejudice . this security. 5(fU) cfUfUe cfUtgt ;:t =ug ytih cfUtht tt fUe dRofUtuRoCe htrN Wmv bgtud bttRo stYde rsmucfUyvl umkvqKorJJufUtl wmth rJNuMv murl "torh; fUhudt (rmJtg RmfuUrfUcfUWmuWm yJr" ;fU;:t WmfUth muWak; Ft;ubsbt fUh mfU;t ni simt Jn mbg-mbg vh rl "torh; fUhu)> W; ;g vh r;fqUt CtJ ztturcl t tt "l rl l rtrF; fUth mumbthturs; rfUgt stYdt> i) mcmuvntul fU=e rl r" fUe Gr; ytih ydtugts fuUrtY (yCtrh; gts mrn;)< ii) =qmhu, Ctrh; gts fuUrtY< iii) ;emhu, cfUtht rf Y dY Fatu, ttd;tytih CthtfuUrtY<ytih iv) yk;;&cfUtgt bqt"l fuUrtY> 5(a) Any money due and payable to the Bank and received by the Bank shall be applied in such order as the Bank in its absolute discretion may from time to time conclusively determine (save that the Bank may credit the same to a suspense account for so long and in such manner as the bank may from time to time determine). Without prejudice to the above, the monies received shall be appropriated in the following manner: i) Firstly, towards liquidated damages and further interest (including uncharged interest); ii) Secondly, towards interest charged; 288 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 iii) Thirdly, towards costs, charges and expenses incurred by the Bank; and iv) Lastly, towards the principal amount due. 6. rfUW"thfU;toyvl t fUthtucth rl vwK;t mufUhudt ;:t Jn mCe rJJhK tuFt rJtuF ;:t mqal t ;w; fUhudt YJkmgtrv; fUhudt ;:t cfUfUe ytJgfU;t fuUyl wmth mCe rJtuF rl vtr=; fUhudt ;:t W"thfU;tocfUfUtutr"f]U; fUh;t ni rfUJn Wl fuUYsxt;:t l trb;e fUtuytuh muWl fUe Yxtl eofUe nirmg; muW=thfU;tofuUfUtgofUtufUhudt> That the Borrowers will carry on business effeciently and will furnish and verify all statements reported accounts documents and information execute all documents and do all things which the Bank may require to give effect hereto and the Borrowers authorise the Bank and each of its agents and nominees as Attorney for and in the name of file Borrowers to do whatever the Borrowers may be required to do hereunder. 7. Rmct; fuUhn;unwY Ce rfUrfUme Ce mbg Ft;ubl tbusbt ntugt fUtuRoytkrNfUCwd;tl ntugt fUtuRoW;th-a\ZtJ ntu, gn fUhth mCe }UK cfUtgt ;:t =ug;t fuUrtY at r;Cqr; fuUv b fUtgb hnudt> That this agreement shall operate as a continuing security for all moneys indebtness and liabilities aforesaid notwithstanding the existence of a credit balance on any account at any time or any partial payment or any fluctuations of accounts. 8) gn rfUrJ btl mCe }UK YJk=tJu(W"thfU;toyttht ;w; mbgmqae gt mbg-mbg vh ;w; mbg mqae fuUyl wmth) W"thfU;tofUe vqKomvrt ni ;:t W=thfU;toRl fuUrl vxtl fuUrtY J;kt n ;:t gurfUme rJkdb gt vqJoCth mubw; n ;:t mCe CtJe }UK ;:t =tJu, RmfUth gumCe W"thfU;tofuUrtY rJkdb hrn; vqKo;:t rl vxtl gtug mvrt ntude> That all the said debts and claims now existing (as per schedule furnished or to be furnished from time to time by the Borrowers) are the absolute property of the Borrowers at the sale disposal of the Borrowers and free from any prior charge or encumbrance and that all future debts and claims hereunder shall likewise be the unencumbered absolute and disposable property of the Borrowers. 9. cfUfuUr; W"thfU;tofUt }UK gt =ug;t fuUrtY J;obtl gt CtJe r;Cqr; dthkxe =ug;t gt rzf{e cfUfuUyr"fUth gt r;fUth vh r;fqUt CtJ l n zttudt ;:t gn rfUcfURmct; fuUrtY J;kt ntudt rfUW"thfU;tofUe cfUtgt htrN fuUCwd;tl fuUrtY WmfuUl tb tg sbt gt W"thfU;tofuU l tb sbthtrN fUtumbtgturs; fUhu;:t RmfuUct= Ce gr= fUtuRohtrN cfUtgt v\z st;e ni ;tuWmfUt mbtgtusl Ce fUhu;:t Yumt fUhl uvh cfUfuUJJ YJkr;fUth vh fUtuRor;fqUt ymh l n v\zudt> 289 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 That nothing herein shall prejudice the Banks rights or remedies in respect of any present or future security guarantee obligations or decree for any indebtedness or liability of the Borrowers to the Bank and that the Bank shall be at liberty to apply any other money in the hands of the Bank standing to the credit of or belonging to the Borrowers in or towards the payment of the balance and in the event of there being still a deficiency the Borrower shall forthwith pay such deficiency, provided that nothing contained herein shall in any manner prejudice or effect the Bank remedy against the person of the Borrower. 10. rfUgn r;Cqr;, rfUme Ce yg r;Cqr; gt dthkxe yCe gt RmfuUct= stucfUtht "trh; ntudt gt r;Cq; ntudt gt bw;, rJrl bg gt rsmbVuUhVUth ntudt Wmmugn r;Cqt v muCtrJ; l n ntude> That this security shall not be prejudiced by any other security or guarantee now or hereafter held by the Bank for any money hereby secured or by any release, exchange or variation of such other security or guarantee. 10.(fU) sc ;fUcfUfUtumCe htrNgtfUt Cwd;tl l n rfUgt st;t, Ctune Jn vntufUe ntugt J;obtl fUe gt CrJg b=ug ntu, Jt;rJfUgt ytl wMkrdfUntu, stuW"thfU;totht =ug ntugt rsmfuU rtY W"thfU;toY;=T"el gt yg:t =tge ntudt gt ntumfU;t ni ytih Ctune Jn bqt"l ntugt r;Cq, W"thfU;toRmfuUrtY mnb; ni rfUcfUW"thfU;tofuUrfUme Ce Ft;ubgt fUth mugt gtusl mu cfUfuUvtmrfUme Ce mbg sbt mCe r;Cqr;gtytih/gt htrNgt, Juatnusime Ce ntu, fUtumbkrs; fUhl ufUt yr"fUth ytih/gt Wl vh rtgl hFudt>cfUfUtuRmct; fUe J;kt;t ntude rfUJn W; r;Cqr;gtytih/gt htrNgtmuW"thfU;tofuUW; =trgJtgt =ug;tytfUtuWbtura; fUhuytih begt=e sbthtrNgtfuUbtbtub, Ctune Jn Cwd;tl nu;wvrhvJ nwRontugt l n, (ytih Jt= =tgh fUhl u gt fUtuRorJr"fUfUtgoJtne Nw fUhl ufuUvntugt ct=b) yvl utht Wra; mbSudY ;hefuUmu;:t W"thfU;tofUtumqal t r=Y rcl t Wnmbtgturs; fUh tugt Jmqt fUh tu>cfUyvl um=TCtJ muyvl u tht ytfUrt; htrN fUtu=ug;t fUe htrN fuUv bmbkrs; fUh mfU;t ni> 10 (a) Until payment is made to the Bank of all the amounts, whether past present or future, actual or contingent, which may be payable by the borrower or for which the borrower may be or become liable hereunder or otherwise and whether as principal or surety, the borrower agrees that the Bank shall have a lien and/or right of set off on all securities and/ or monies whatsoever held at any time by the Bank on account of or to the credit of the Borrower in or for any account or manner or purpose howsoever. The Bank shall be at liberty to discharge the said obligations or liabilities of the borrower out of the said securities and/or monies, and in case of term deposits, whether the same have matured for payment or not, and may appropriate or realise them in the manner thought fit by it and without notice to the Borrower (and whether before or after filing suit or taking any legal proceedings). The Bank may set off an amount estimated by it in good faith to be the amount of that obligation. 290 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 10.(F) (i) YfUvqJorl "torh; N;ofuUv bcfUW"thfU;tofUtu}UK/yrd{b/yg dih-rl r" yt"trh; }UK mwrJ"t =tl fUhl ufuUbtbtubW"thfU;tomugn mnbr; tt fUhl t atn;t ni rfUW"thfU;totht tt/tt fUe stl uJtte }UK mwrJ"tyt, W"thfU;totht vttl rf Y dY/vttl rfY stl uJttu=trgJt, Wl fUt rl Jton fUhl ufuUbtbtubW"thfU;totht fUe dRorfUme fUth fUe aqfU(gr= fUtuRontu), mu mkckr"; mqal t ytih ytkfU\ztfUtucfUfUx fUh mfU;t ni> (ii) ;=l wmth W"thfU;toRmct; mumnb; ni ytih rl l rtrF; mCe gt rfUme mqal t fUtu cfUtht fUx rf Y stl ufUe Y;=Ttht yvl e mnbr; =tl fUh;t ni& fU) W"thfU;tomumkckr"; mqal t YJkytkfU\zu< F) W"thfU;totht tt/tt fUestl uJtte}UK mwrJ"tytmumkckr"; mqal t gt ytkfU\zu< d) cfUtht Wra; YJkytJgfUmbSudY ytih W"thfU;tofUtumtvudY =trgJtfuU yl wvttl bW"thfU;totht fUe dRoaqfU, gr= fUtuRontu, fUtu}UK mqal t gqhtu (Cth;) rt. YJkCth;eg rhsJocfUtht RmfUe ytuh mutr"f]U; rfUme yg yrCfUhK fuUmbG fUx fUhl t YJk;w; fUhl t> (iii) W"thfU;togn DtuMKt fUh;t ni rfUWl fuUtht cfUfUtu=e dRomqal t YJkytkfU\zt mg YJkmne ni> (iv) W"thfU;togn Jal =u;t ni rf & fU) }UK mqal t gqhtu(Cth;) rt. YJkRmgtusl mutr"f]U; fUtuRoCeyg yrCfUhK cfUtht fUx fUe dRoW; mqal t YJkytkfU\ztfUt Wvgtud fUh mfU;t ni ytih Wmvh fUthoJtRofUh mfU;t ni YJk F) }UK mqal t gqhtu(Cth;) rt. YJkRmgtusl mutr"f]U; fUtuRoyg yrCfUhK yvl utht ;igth fUe dRomkmtr"; mqal t YJkytkfU\zugt Wvt=fUtucfUt/ rJteg mk :tytYJkCth;eg rhsJocfUtht Rmgtu sl t:orJrl r=o yg }UK dthk xefU;to yt fUturJatht:o;w; fUh mfU;t ni> 10(b) (i) As a pre-condition, relating to grant of the loans/advances/other non-fund based credit facilities to the borrower, bank requires borrowers consent for the disclosure by the bank of, information and data relating to the credit facility availed of/to be availed, by borrower; obligations assumed/to be assumed, by borrower, in relation thereto and default, if any, committed by borrower in discharge thereof. (ii) Accordingly, borrowers hereby agree and give consent for the disclosure by the Bank of all or any such; a) information and data relating to borrower; 291 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 b) the information or data relating to any credit facility availed of/to be availed, by borrower; and c) default, if any, committed by borrower in discharge of borrower such obligation, as the Bank may deem appropriate and necessary, to disclose and furnish to Credit Information Bureau (India) Ltd., and any other agency authorised in this behalf by RBI. (iii) Borrowers declare that the information and data furnished by borrower to the Bank are true and correct. (iv) Borrowers undertake that: a) the Credit Information Bureau (India) Ltd., and any other agency so authorised may use, process the said information and data disclosed by the Bank; and b) the Credit Information Bureau (India) Ltd., and any other agency so authorised may furnish for consideration, the processed information and data or, products thereof prepared by them, to banks/financial institutions and other credit guarantees, as may be specified by the Reserve Bank of India in this behalf. 11. btkd fuUv bfUtuRomqal t gt yg:t cfUtht W"thfU;tofUtur=gt st mfU;t ni gt rfUme Ce gr; fUtustuW"thfU;tofUt mngtude ntugt W"thfU;tofuUWmmbg fuUr=Y dY v;uvh gt gJmtg :tl vh gt Cth; brhntgNe v;uvh r=gt st mfuUdt gt rfUme Ce Yumugr; fUtugt W"thfU;tofuUv;uvh ztfUmuCust st mfuUdt gt rfUme gr;/gr;gtfUtuRmfUth CusudY vtt fuUcthubgn mbSt stYdt rfUJuW"thfU;tofUtuCus r=Y dY n ;:t gr= Yumt vt cfUfuU yrCfU;togt ck"fUtht n;tGrh; ntu;t ni YJkbtrK; ntu;t ni ;tuYumuztfUfUtubtrK; ytih ykr;b mbSt stYdt>gr= rfUme fUthKJN Jn W"thfU;toCth; dKhtg bl n ni ;:t WnWvgwo; mqal t l n =e st mfU;e ni ;tuYfUrJttvl fuUv bmqal t fUtuWmfuUmkckr"; rstubmtrh; mbtath vt bfUtrN; rfUgt stYdt ytih gn rfUme Ce mbtath vt bfUtrN; rfUgt stYdt ytih rsm r=l tkfUfUtugn mqal t fUtrN; ntude Wmr=l tkfUfUtugn mqal t mqra; mbSe stYde ytih gn ykr;b btK ntudt>fUtuRoCe mqal t Wvgwo; rfUme Ce fUth muW"thfU;togt WmfuUmkckr"; gr; fUtur=gt st;t ni ;tuWmuW"thfU;toYJkmkckr";tfUtumqra; mbSt stYdt> Any notice by way of request demand or otherwise hereunder may be given by the Bank to the Borrowers or to any of the individual constituting the Borrowers personally or may be left at the then or last known place of business or residence in the Republic of India of the Borrowers or any of such individuals or may be sent by post addressed to the 292 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Borrowers or any of such individuals at the then or last known place of business of the Borrowers of any of such individuals and if sent by post it shall be deemed to have been given at the time when it would be delivered in due course of post and in proving such notice when given by the post it shall be sufficient to prove that the envelope containing the notice was posted and a certificate signed by the bank of its Agent or Manager that the envelope was so posted shall be conclusive, if by reason of absence from the Republic of India or otherwise the Borrowers or any of such individuals cannot be given any such notice in manner aforesaid the same if interested once as an advertisement in a newspaper circulating in the District of the said branch office of the Bank shall be deemed to have been efficiently given and received on the day on which such advertisement appear. Any notice served in any manner aforesaid on any of the individuals constituting the Borrowers shall be deemed to have been served on all of such individuals. W"thfU;tofuUn;tGh (Signature of Borrowers) r=l tkfU/ Date : .................................... l tux &RmVUtbofuUrn=e vtX murfUme fUth fuUJt=-rJJt=fuUWvt ntul ufUe r:r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> NOTE : In the event of any controversy arising out of Hindi version of this Form, the original English text of it will be treated as authoritative. 293 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y-9me (veYbytJtRo)/A-9C (PMRY) gq fUtucf UCO BANK fUtgofUthevqse/begt=e}UK mwrJ"t YJk=]rck"f nu;wrbtt swtt fUhth COMPOSITE AGREEMENT FOR WORKING CAPITAL/TERM LOAN FACILITIES AND HYPOTHECATION yts r=l tk fU.............................................................20 .........................fUtuYfUyti h e/ eb;e/ fwU0 / bummo..................................................................................................................................... ............................................. rl Jtme (vqht v;t) ............................................................ ...................................................................................................................................................bu mmo stu..................................................................................................................................................l tb YJkNite fuUy"el ......................................................................................................................... (Ctde=thtfuUl tb) ....................................................................................................................................................... ....................................................................................................................................................... yvl t gtvhth fUh hnun YJkWl fUt bwg fUtgo:t.................................................................ni> (rsnRmbRmfuUvat;TIIW"thfU;toOOfUnt dgt ni ytih sc ;fURmyrCgr; fUtunxtgt l stY gt fUtuRoct; mk=CofuUrJh l ntu;c ;fURmfuUy;do; WmfuU/WmfUe, rl vt=fU, NtmfU, r;rl r", Wthtr"fUthe ytih mbl w=urN;e Ntrbt mbSustYkdu) ;:t =qmhe ytuh gqfUtucfUfuUcea<stucfUfUthe rJr" (mkNtu"l ) yr"rl gb, 1985 tht g:tmkNtur"; cfUfUthe fUvl e (Wvf{btfUt ysol ytih yk;hK) yr"rl gb, 1970 fuUy"el drX; YfUrl dorb; rl fUtg ni ytih rsmfUt "tl fUtgtotg 10, rJj ce tittug bnthts mhKe (c{uctul o htuz) fUtutfUt;t bni ;:t rsmfUe YfU NtFt yg :tl tfuU yttJt...............................................................buCe ni>(rsmuRmbuRmfuUvat;TIIcfUOOfUnt dgt ni ytih sc ;fURmyrCgr; fUtunxtgt l stY gt fUtuRoct; mk=CofuUrJh l ntu;c ;fURmfuUy;do; WmfuUWthtr"fUthe YJkmbl w=urN;e Ntrbt mbSustYkdu)<rl vtr=; rf Y stl uJttu fUhth fuUy;rl ogb cl tY st;un> ARTICLES OF AGREEMENT made this .................................................................. day of ....................................................................................... 20 ............. BETWEEN Mr./Mrs./Miss/ M/s. ............................................................................................................................................... residing at (full address) ............................................................................................................... ......................................................................................................................................................... 294 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Messers ......................................................................................................................................... (partners names) ....................................................................................................................................................... ......................................................................................................................................................... carrying on business inco-partnership under the name and style of ....................................... ........................................................................................................................ having its principal place of business at ................................................................................................... (hereinafter referred to as the Borrower, which expression shall unless excluded by or repugnant to the context be deemed to include his/her/its/their heirs, executors, administrators, representatives, and assigns) of the One Part and UCO Bank, a Body Corporate constituted under The Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 as amended by the Banking Laws (Amendment) Act, 1985 having its Head Office at No.10, Biplabi Trailokya Maharaj Sarini (Brabourne Road) Kolkata and a branch office amongst other places at................................................................................................... (hereinafter referred to as the Bank, which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns) of the Other Part. aqrfUW"thfU;toYfUcuhtusdth gr; ni ytih Jgk fUtu................................................................ fuUttCfUthe ""ubtdtl t atn;t ni> ytih aqrfU W"thfU;to l ucfU muyl whtu" rfUgt ni rfU Wmu"tl bkte htusdth gtusl t fuU y"el .......................................................h. (....................................................................................hgvu ) fUt mkrb }UK =tl rfUgt stY rsmmurfUW"thfU;toyvl e gqrl x fUe fUtgofUthe vqkse fUe yvuGtyt, bNel /WvfUhK, Nuz/CJl sime vqksed; ytr;gtfuUysol /vrhrl btoK/rl btoK fUe cfUtht g:trl "torh; ttd; fUtuvqht fUh mfuU;:t yvl uyrl Jtgogql ;b WvCtud/ytfUrbfUsh;tfUtuvqht fUh mfuU> WHEREAS the Borower is an unemployed person(s) intending to gainfully engage himself/herself/themselves in ................................................................. AND WHEREAS the Borrower has applied to the Bank to grant to him/her a Composite Loan of Rs........................................ (Rupees ................................................................................) under the scheme of Prime Minister Rozgar Yojana (PMRY) to enable the Borrower to meet his/her/their working capital requirements, the cost of acquisition/erection/ construction of capital assets such as machinery/equipment, shed/building etc. as assessed by the Bank to be required for his/her/their unit and his/her/their essential minimum consumption/contingency needs. 295 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 ytih aqrfUW"tfUh;tol ur=l tkfU........................................................... fuUyvl u}UK ;tJ, rsmfUe YfUr; RmfUhth fuUmt: mktl ni (rsmuRmbRmfuUvat;TOOW"thfU;tofUt ;tJOOfUnt dgt), fuUyt"th vh ytih WmbWvJrKo; gtusl tfuUrtY "tl bkte htusdth gtusl t (bhtugtu) fuU y"el .......................................... h. fuU}UK nu;wcfUfuUvtmytJu=l rfUgt ni> AND WHEREAS the Borrower has appl i ed to the Bank for a l oan of Rs. ............................................. upon the basis of and for the purposes set forth in the Borrowers proposal dated............................................, a copy whereof is annexed to this Agreement (hereinafter called The Borrowers proposal) under PMRY. ytihaqrfUW"thfU;tofuUyl whtu" vh cfUW"thfU;tofUtuRmbRmfuUvat;TWrrF; rl ck"l ytih N;tu vh..................................... h. fUt yrd{b/mkrb }UK fuU v bgtl e fUtgofUthe vqkse fuU rtY.................................................. h. fUt vqhfU }UK ytih vqkse/yat ytr;gt fuU rtY......................................... h. =ul uvh mnb; ntudgt ni> AND WHEREAS at the request of the Borrower the Bank has agreed to advance to the Borrower a sum of Rs.................................. by way of / Composite loan i.e. covering loan of Rs. ...................................... for Working Capital and Rs. ............................................................ for Capital/ Fixed Assets on the terms and conditions hereinafter appearing. y;&yc vqJofUr:; ;:tfuUr;VUtJv rl l tl wmth fUhth rfUgt st;t ni> 1. W"thfU;tofuU;tJ fUturl l rtrF; Wvt;hKtfuUy"el hn;unwY RmfUhth fUt ytih RmfuU y"el cfUtht r=Y stl uJttu}UK fUt yt"th btl t stYdt ytih W"thfU;toRmfu Utht Rmbg:tWvt;rh; v bWmby;rJo gufUrJJhK ytih rJrN fUe mg;t fUt mb:ol fUh;t ni ;:t Wmbr=Y dY ;tJ/Rmbg"tWvt;rh; rl "torh; ytih W"thfU;tofUe mnbr; fUtufUtgorJ; fUhl ufuUrtY Jal ck" fUh;t ni> NOW IT IS AGREED in consideration of the premises as follows: - The Borrowers proposal subject to the following modifications shall be deemed to constitute the basis of this Agreement and of the loan to be advanced by the Bank hereunder and the Borrower hereby warrants the correctness of each and every one of the statements and particulars therein contained as herein modified and undertakes to carry out the proposal therein set forth/herein modified based on the assessment and consent of the borrower. 2. W"thfU;toRmfuUtht fUhth fUh;t ni rfUW; }UK Rmby;rJo rl ck"l tytih rJr"J;Tn;tGrh; ;:t cfUfUtumtvudY rfUn yr;rh; =;tJust/vtt/ttvl muy;rJo ct;tfuUyl wmth rJrl grb; ntudt, rmJtg RmfuUrtY RmbWrrF; vhJ;eo=;tJustfUtuv v mugt ytJgfUrJJGt muRl rJtuFttht Wvt;rh; fUh r=gt stY> 296 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 The Borrower hereby agrees that the said loan shall be governed by the terms contained herein as well as those embodied, if any, additional documents/ letter/memoranda duly signed and submitted to the Bank except in so far as the later documents may expressly or by necessary implication be modified by these presents. 3. W"thfU;tov v mufUhth ytih Jal =u;t ni rfUW; }UK fUt Wvgtud fuUJt W"thfU;tofuU ;tJ bJrKo; ytih Rmbg:tWvt;rh; gtusl tfuUrtY ne rfUgt stYdt, rfUme yg gtusl fuUrtY l n> The Borrower expressly agrees and undertakes that the said loan shall be utilised exclusively for the purposes set forth in the Borrowers proposal and as modified herein and for no other purpose. 4. W"thfU;tofUhth ytih cal =u;t ni rfUW"thfU;tofuU;tJ bWvJrKo; gt Rmbg:tWvt;rh; rfUn rJrNrgtfUe mg;t fUtuCtrJ; fUhl uJtte rfUme Dxl t fuUDrx; ntul uvh Jn W; Dxl t fuU Drx; ntul ufuUmt; r=l tfuUCe;h rtrF; v bRmfUe mqal t cfUfUtu=udt> The Borrower agrees and undertakes to notify the Bank in writing of any circumstances affecting the correctness of any of the particulars set forth in the Borrowers proposal or as modified herein within seven days after occurrence of any such circumstance. 5. Y;=Ttht W"thfU;to=]rck"fUhF;t ni ;:t cfUfuUvG b:b d{nKtr"fUth rl vtr=; fUh;t ni> (fU) W"thfU;tofuUmCe J;obtl ytih CtJe xtfU, atnuJufUaubtt fuUv bnt, rl btoKt"el gt ;igth v bntytih/gt at bNel he, WvfUhK, Jtnl , vNw/vGe, ytisth, dtu=tb bhFu dY btt YJkyr;rh; vqsuoytih/gt WvCtug J;wYk;:t mntgfUWvfUhK ytr= (Rmb RmfuUvat;TIIW; J;wYkOOfUnt dgt ni), rsnyCe gt RmfuUvat;Tmbg-mbg vh r;Cqr; fuUsthe hnl ufuU=tihtl ttgt stYdt, dtu=tb bhFt stYdt gt stuW"thfU;tofuU fUtgo-:tl b, gt WmfuU=tghubmkd{nK :tl b, gJmtg vrhmh b, rl Jtm-:tl bgt ygt fUn ntu(RmbYume J;wYkCe Ntrbt ni stubtdo: gt rJthKt"el nt)> RmbsntkfUn IIJ;wYkOON= ytgt ni, WmfUt y:og"tr:r; fwUfwUx, zuhe, vNwytr= ntudt ytih Rl bmumCe Ntrbt ntdu> The Borrower(s) hereby hypothecate(s) and charges by way of first charge to and in favour of the bank: (a) The whole of the Borrowers present and future stocks whether raw, in process of manufacture or in finished form and/or movable machinery, equipment, vehicles, animals/birds, tools, stores and spares and/or consumable articles and accessories etc. (hereinafter referred to as the said goods) which now or hereafter from time 297 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 to time during the continuance of the security shall be brought into, stored or be in or about the Borrowers work place, storage place, business premises, residence or wherever else the same may be (including any such goods in course of transit or delivery). The term Goods wherever it occurs herein shall mean and include poultry, dairy etc. as the case may be. ytih (F) W"thfU;tofuUmCe J;obtl ytih CtJe cne }UK, cfUtgt "l , tg =tJu, rct, mkrJ=t, Jal , r;Cqr;, rl JuN yr"fUth ytih yg mCe at ytr;gt(rsnRmbRfuUvat;T IIW; cne }UKOOfUnt stYdt)> W; J;wytytih cne }UK =tul tfUtu, simt rfUyl wmqae bmtbtg v=bJdeof]U; rfUgt dgt ni, IIr;Cqr;OOfUnt stYdt YJkRmfuUtht Wl nW"thfU;totht cfUfuUvtmmkrb }UK fuUy"el rfUme mbg =ug mCe "l fuUCwd;tl fuUrtY r;Cqr; fuUv b;:t cfU fuUr; W"tfUh;tofUe mCe }UKd{;;t gt =trgJ fuUCwd;tl ytih awfUti;e fuUrtY YJk Wmmumkckr"; mCe gts, ct, fUbeNl , Cth ;:t cfUtht =ug gt Wvd; mCe ttd; ;:t FaofuUrtY Ce r;Cqr; fuUv bhFt st;t ni> AND (b) All the Borrowers present and future book debts, outstanding moneys, receivable claims, bills, contracts, engagements, securities, investments, rights and all other movable assets (which shall hereinafter be referred to as the said book debts) Both the said goods and book debts shall be referred to as security as classified in general terms in the Schedule and shall stand as security for the payment by the Borrower to the Bank of all moneys at any time payable by the Borrower to the Bank under the composite loan and also as security for the payment and discharge of all indebtedness or liability ofthe Borrowerto the Bank with all interest, discount, commission, charges, cost and expenses payable or incurred by the Bank in relation thereto. 6. (fU) W"thfU;toyvl t gJmtrgfUfUtgofUttv fwUNt;tvqJofUfUhudt ytih xtfU, rJf{g, f{g, =ul =th, tul =th mumkckr"; mCe rJJhK, rhvtuxo, tuFt, =;tJus ytih mqal tYk=udt ;:t RmfuUy"el WnCtJe cl tl ufuUrtY cfUtht g:tvurG; mCe =;tJus rl vtr=; fUhudt YJkmCe fUtgofUhudt> (a) The Borrower will carry on his business activity efficiently and will furnish all 298 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 statements, reports, accounts, documents and information in regard to stocks, sales, purchases, creditors, debtors and will also execute all documents and do all acts and things which the Bank may require to give effect hereto. (F) gr= cfUfuUrl gbtfuUyl wmth gt Cth;eg rhsJocfUfuUyl w=uN/btdorl =uoN fuUyl wmth cfUtht yvuGt fUe stY ;tuW"thfU;tonh mbg cebt fUhtl ugtug J;wytfUtuytd mu ntul uJtte ntrl gt Gr; fuUrJh ytih cfUfuUrl gbtl wmth cfUtht g:tvurG; yg F;htfuUrJh cebt fUhtfUh hFudt/hFduytih Yume mCe vtrtrmgtkcfUfUtumtv =udt/ =du>cfUfuUrtY Ce gn rJr"vqKontudt turfUl ctgfUthe l n ntudt rfUJn Yume r;Cqr; fUt stucebt fUhtl ugtug ni, IIW"thfU;toOOfuUFt;ubl tbuzttfUh cebt fUhtY ytih Wl n cebtf]U; hFu>Yume cebt fuUytdb fUt Wvgtud cfUfuUrJJufUtl wmth gt ;tur;Cqr; fuU r:tvl fuUv bgt WmfuUy"el cfUfuUcfUtY fuUNtu"l fuUrtY rfUgt stYdt> (b) The Borrower(s) shall at all times keep such items of security as are of insurable nature, insured if so required by the Bank in accordance with their Rules or RBIs instructions/guidelines against loss or damage by fire and other risks as may be required by the Bank with Bank clause and shall deliver to the Bank all such policies. It shall be also lawful for but not obligatory upon the Bank to insure and keep insured by debit to the Borrowers accounts the security as are of insurable nature. The proceeds of such insurance shall at the option of the Bank either be applied towards replacement of the security or towards the satisfaction of the Banks dues hereunder. 7. gn rfUcfUgt WmfuUyrCfU;togt muJfUrl l rtrF; fuUrtY nfU=th ntduvh JuYumt fUhl u fuUrtY ctg l n ni gt WmfuUfUthK munwRorfUme ntrl fuUrtY Wth=tge l n ni ytih WmmuJt= =tgh fUhl ufuUWl fuUyr"fUthtytih Wvathtvh gt yg:t fUtuRor;f]U; CtJ l n v\zudt> That the Bank or its agents or servants without being bound to do so or being liable for any loss on account thereof and without prejudice to the rights and remedies of suit or otherwise shall be entitled to : (fU) W"thfU;to(W"thfU;toyt) fUtumqra; rfY rcl t ytih W"thfU;to(W"thfU;toyt) fuUsturFb YJk fUAovh Yumu:tl (:tl t) vh JuN fUhl ufuUrtY sntkr;Cqr; ni ytih Wl fUt rl heGK, bqgtkfUl fUhl ufuUrtY, cebt fUhtl ufuUrtY ;:t Wl fuUggl fUt vgoJuGK fUhl uytih/gt Wl fUtuyvl ufUsubtul ufuUrtY< (a) without notice to the Borrower and at the Borrowers risk and expense enter any place(s) where the security may be and inspect, value, insure, superintend disposal and/or take possession thereof; 299 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (F) gr=W"thfU;to/(W"thfU;toyt) RmfuUtht mqhrG; rfUme "l fuUCwd;tl baqfUfUh;t ni/fUh;u n gt rfUme =trgJ fUt rl Jton l n fUh;t ni/fUh;un gt fUtuRoYume vrhr:r; Wvt ntu;e ni stucfUfUe htg br;Cqr; fUtuF;hubztt;e ni ;tuQvh WrrF; ct;tvh fUtuRo CtJ ztturcl t r;Cqr; fUtuyvl ufUsubtul ufuUrtY gt Wl fUe Jmqte fUhl ufuUrtY ytih/gt WnttufUrl ttbe gt tRJux mkrJ=t tht cual ufuUrtY gt yg:t Wl fUt rl vxtl fUhl ufuUrtY ytih Wl fuUytdb fUt rJrl gtusl cfUtgt }UK nu;wfUhl ufuUrtY< (b) without prejudice to the foregoing on default of the Borrowers in payment of any money hereby secured or on the non-performance of an obligation on the part of the Borrower or on the occurence of any circumstances in the opinion of the Bank endangering the security take possession or recover and/or sell by public auction or private contract or otherwise deal with the security and appropriate the proceeds to the outstanding loans; (d) gr= W"thfU;to(W"thfU;toyt) fUt fUtuRo"l vtmbni ;tuWl fUt Wvgtud cfUtgt }UK fUe awfUti;e nu;wfUhl ufuUrtY ytih gr= }UK fUe fUtuRoNuMhtrN hn;e ni ;tuWmuRmct; fuUntu;unwY Ce Jmqt fUhl ufuUrtY rfUmCe gt rfUn r;Cqr; fUe Jmqte l n fUe dRo ni> (c) apply towards the outstanding loans any money in its hand belonging to the Borrower and to recover the balance, if any, of the loans notwithstanding that all or any of the security may not have been realised; (D) r;Cqr; mumkckr"; W"thfU;to/(W"thfU;toyt) fuUrfUn yr"fUth, }UK, =tJufUt rl vxtht mbSti;t fUhl ufuUrtY, btg:bTnu;wbtbtt ;w; fUhl ufuUrtY ytih rfUme Ce v b tul -=ul fUhl ufuUrtY> (d) settle, compromise, submit to arbitration and deal in any manner with any rights, debts, claims of the Borrower relating to the security. Qvh fUr:; mCe J;wYkytih Wl fuUrJf{g ytih cebt fuUytdb ytih Rmr;Cqr; fuUy"el mCe =;tJustfUtunbuNt ytd muhFt stYdt ytih WncfUfUe yl g mvrt fuUv b, rJNuMfUh Rmr;Cqr; murJrl gturs; fUhfuUhFt stYdt ytih Wl fUt rl vxtht fuUJt cfUfuUrl =uNt fuUyl wmth rfUgt stYdt>gn rfUmCe r;Cqr;gtkbw; n ytih WncfUfuUvG fuUrmJtg yg rfUme Cth gt rJtkdb mubw; hFt stYdt> All the said goods and all the sale realisation and insurance proceeds thereof and all documents under this security shall always be kept distinguishable and held as the Banks exclusive property specifically appropriated to this security to be dealt with only under the 300 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 directions of the Bank. That all the security are free and shall be kept free from any charge or encumbrance except those in favour of the Bank. 7.(fU) cfUfUtu=ug ;:t cfUtht tt fUtuRoCe htrN Yumuyl wf{b byl wgw; ntudt simurfUcfU mbg-mbg vh yvl umvqKorJJufUmuyr;b v murl "torh; fUhu(RmfuUyr;rh;, cfUsimumbg- mbg vh rl "torh; fUhu, Rmu;c ;fU;:t rsmv batnuWsk; Ft;ubsbt hF mfU;t ni) Wvgwo; fuUvqJtod{nK fuUrcl t, tt fUe dRohtrN fUt rJrl gtud rl l rtrF; v bntudt> i) :b;&rl Keo; nstol t YJkydtt gts (yCtrh; gts mbu;) fuUr; ii) r;eg;&Ctrh; gts fuUr; iii) ;];eg;&, ttd;, Cth ;:t cfUtht WXtY dY FaeofuUr;, ;:t iv) ytrFh b, bqt =ug htrN fuUr; 7(a) Any money due and payable to the Bank and received by the Bank shall be applied in such order as the Bank in its absolute discretion may from time to time conclusively determine (save that the Bank may credit the same to a suspense account for so long and in such manner as the bank may from time to time determine). Without prejudice to the above, the monies received shall be appropriated in the following manner: i) Firstly, towards liquidated damages and further interest (including uncharged interest); ii) Secondly, towards interest charged; iii) Thirdly, towards costs, charges and expenses incurred by the Bank; and iv) Lastly, towards the principal amount due. 8. W"thfU;toRmr;Cqr; fuUsthe hnl ufuU=tihtl rfUme mbg ytih sc ;fUW; begt=e }UK cfUtgt ni gt sc ;fURl rJtuFtfuUy"el cfUfUt fUtuRo"l cfUtgt ni ytih/gt W; begt=e }UK fuUctc; gt rfUme Ce fUthK mul ;tu& The Borrower shall not at any time during the continuance of this security . and so long as the said term loan is outstanding or so long as any money is due to the Bank under these presents and/or in respect of the said term loan or on any account whatsoever : - (i) rfUme at mkgkt, bNel he, WvfUhK ytih gkt fUturtrF; v bcfUfUe vqJomnbr; fuU rcl t nxtYdt gt nxJtYdt gt nxtl ufUtuyl wbr; =udt, rmJtg Wl btbttfuUsntkYumuat mkgkt, bNel he ytih WvfUhK fuUxqx-VqUx stl ugt Gr;d{; ntustl ugt WfUmtl vnwkal ufuU 301 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 fUthK Wl fUt nxtl t ytJgfUntustY&ytih YumubtbttbJn xqxu-VqUxugt Gr;d{; at mkgkt, bNel he ytih WvfUhK fUtumbtl Jv ytih bqg fuUat mkgkt, bNel he ytih WvfUhK tht r;:trv; fUhudt> Remove or cause or permit to be removed any movable plant, machinery, equipment and appliance without the previous consent in writing of the Bank except in case where such removal shall be rendered necessary by reason of any such movable plant, machinery, equipment being worn out or injured or damaged and in such cases will replace the movable plant, machinery, equipment so worn out or injured or damaged by others of a similar nature and of equal value. (ii) ViUxhe gt dtu=tb gt mkd{nK fuU:tl murfUme yg =]rck"fUhFudY at mkgkt ytih bNel he ;:t fUaubttuYJk;igth J;wytytr= fuUxtfUfUtunxtYdt gt nxJtYdt gt nxtl ufUe yl wbr; =udt gt Wmu=qmhufUtb btdtYdt gt Wl fuUfUthtucth fuUmgfUyl wf{b fuUrmJtg Wl fUt tul -=ul fUhudt, ytih l ne fUtuRoYumt fUtgofUhudt gt fUhl ufUe yl wbr; =udt rsmmufUfUe r;Cqr; fUtuGr; vnwka;e ni gt Jn CtrJ; ntu;e ni> Remove or cause or permit to be removed from the factory or godown or place of storage any of the other hypothecated movable plant and machinery and stocks of raw-materials and finished goods etc. or divert or deal with them except in the usual course of its business and shall not do or permit to be done any act or thing whereby the security of the Bank is impaired or affected. W"thfU;tortrF; v bcfUfUe vqJomnbr; fuUrcl t =]rck"fUhFudY at mgkkt ytih bNel he ;:t fUaubtt YJk;igth J;wytytr= vh gt Wl fuUrfUme Ctd vh fUtuRock"fU, =]rck"fUCth, rdhJe gt rtgl l ;tum]rs; fUhudt ytih l ne Yumt fUhl ufUe yl wbr; =udt ytih l ne rfUme Ce v bWmurJtkdbd{; fUhudt> The Borrower shall not create or allow or permit to be created any mortgage, hypothecation, charge, pledge, lien on the hypothecated movable plant and machinery and stocks of raw-materials and finished goods etc. or any part thereof or encumber the same in any way without prior consent in writing of the Bank. gn =]rck"l W"thfU;totht rfY dY RmDtuMKt fuUyt"th vh rfUgt st;t ni rfU=]rck"fUhFu dY at mkgkt ytih bNel he ;:t fUaubtt YJk;igth J;wytytr=fuUxtfU, stuRmfuUtht m]rs; r;Cqr; byCe ytih mbg-mbg vh Ntrbt rfY st;un, W"thfU;tofUe ytgkr;fUmkvrt ni ytih nh mbg cl e hnde ;:t JurfUme yg Cth, =trgJ, rdhJe, rtgl , =tJt gt rJtkdb mubw; hnde ;:t gn =]rck"l W"thfU;totht RmfuUtht rf Y dY RmJal ck" fuUyt"th vh Ce rfUgt st;t ni rfU 302 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 W"thfU;toRmr;Cqr; fuUsthe hnl ufuU=tihtl =]rck"fUhFudY rfUme Ce at mkgkt ytih bNel he ;:t fUaubtt YJk;igth J;wytytr=fuUxtfUvh ytih ytdul ;tuCth, ck"fUgt rtgl gt rJtkdb gt mbl w=uNl m]rs; fUhudt ytih l ne Yumt fUhl ufUe yl wbr; =udt ;:t W"thfU;torfUme Ce gr; fuU =tJuytih btkd fuUrJh Wl vh cfUfUt tr"fUth rm fUhudt> This hypothecation is made on the faith of the declaration which the Borrower hereby makes that the hypothecated movable plant and machinery and stocks of raw-materials and finished goods etc. now and from time to time hereby comprised in the security hereby created are and will at all times be the absolute property of the Borrower and free from any other charge, trust, pledge, lien, claim or encumbrance and on the undertaking hereby given by the Borrower that the Borrower will not create or permit to be created further charge, mortgage or lien or encumber or assign any of the hypothecated movable plant and machinery and stocks of rawmaterials and finished goods etc. during the continuance of this security and the Borrower will warrant and defend the same to the Bank against the claim and demand of any person whomsoever. W"thfU;toWmdtu=tb ytih vrhmh fUt mCe rfUhtgt, hux, fUh ytih yg FatufUt Cwd;tl rl grb; v mufUhudt sntk=]rck"fUhFudY at mkgkt ytih bNel he ;:t fUaubtt YJk;igth J;wytytr= fuUxtfUhFust;un ;:t WnfUh:bTmubw; huFudt ;:t Wmvh gt WmfUe ytr;gtvh RmfuU vntuytih RmfuUct=yr"hturv;, rl "torh; gt W=Td]ne; rf Y dY mCe fUhtu, rl "tohK ;:t mhfUthe Ctht fUt YJkrbfUt, mtbd{e gt ytvqr;ofuUmCe =tJtfUt, stuCwd;tl l ntul ufUe r:r; bW"thfU;tofUe rfUme mkvrt vh fUtl ql l rtgl gt Cth gt RmfuUtht m]rs; r;Cqr; vh yr"btl ntumfU;un, rJr"J;TYJkNeD{Cwd;tl fUhudt, rmJtg RmfuUrfURmbrl rn; fUtuRoct; W"thfU;tofUtuCwd;tl fuUvntu gt ct= gt Cwd;tl mrn; gt WmfuUrcl t YumurfUme fUh, rl "tohK, mhfUthe Cth fUt gt yr"hturv;, rl "torh; gt W=Td]ne; rfY stl uJttugt WmfUe ytNkfUt JtturfUme =tJufUt mbwra; fUtgoJtne tht m=TCtJvqJofUrJr"J;TrJhtu" fUhl umugt Wl fUt mbtgtusl fUhl umugt Wl fuUytih Cwd;tl fUe her; fuU mkck" bmbSti;t fUhl umul n htufuUde> The Borrower shall punctually pay all rents, rates, taxes and other outgoings of the godown and premises where the hypothecated movable plant and machinery and stocks of raw-materials and finished goods etc. shall be and keep the same free from distress and duly and promptly pay and discharge all taxes, assessments and governmental charges heretofore and hereafter imposed, assessed or levied against his/her/it or against his/her/its assets, as well as all claims for labourer, materials or supplies which, if unpaid might by law become a lien or charge upon any property of the Borrower or have preference on the security hereby created except that nothing herein contained shall prevent the Borrower either before or after or with or without payment from lawfully contesting in good faith, by appropriate proceedings any such tax, assessment, governmental charge or such claims that may be 303 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 imposed, assessed, threatened or levied against or from adjusting or compromising the same and manner of payment thereof. 9. W"thfU;tofUhth fUh;t ni rfUmhfUth tht r=Y stl uJttu................................................... h. (.........................................................................................................................................hvhu) fuU vqksed; Wv=tl fUtuWmfuUl tb bbegt=e sbthtrN fuUv bbegt=e }UK DxfUfUe awfUti;e nu;w rl ra; yJr" fuUrtY gt gql ;b ;el JMofUe yJr" fuUrtY (stuCe fUb ntu) hFt stYdt YJk Wmu}UK Ft;ub=ug W;l e ntuhtrN fuUrfU; fuUNuM fuUr; mbtgturs; rfUgt stYdt>gr= W"thfU;tomkrb }UK fUe awfUti;e baqfUfUhl t ni ;tuCe begt=e sbthtrN fUt mbtgtusl (WmfuU mbgvqJoCwd;tl tht Ce) W"thfU;totht cfUfUtu=ug htrN fuUrtY rfUgt stYdt ytih gr= fUtuRo yr"NuMca;t ntu;tuRmvh gtusl t fuUtJ"tl tfuUyl wmth fUthoJtRofUtustYde> The Borrower agrees that the capi tal subsi dy of Rs. ............................. (Rupees ................................................................................) to be provided by the Government shall be kept in Term Deposit in his/her/its name for the period fixed for repayment of the term loan component or a minimum period of three years (whichever is less) and shall be adjusted towards an equal amount of balance of instalment falling due in the Loan Accounts. If the Borrower commits default in the repayment of the Composite Loan, even then the Term Deposit shall be adjusted (including by premature payment thereof) towards the outstandings due to the Bank from the Borrower and surplus thereof, if any, be de It with as per provision of the scheme. W"thfU;tofUhth fUh;t ni rfUbegt=e sbthtrN vh yrso; Yume gts fUe htrN fUt, stur;btne/ Abtne yt"th vh =ug ntu, mbtgtusl sc ;fUmkrb }UK vh =ug ytih Cwd;tl rfY stl ugtug gts fuUrtY rfUgt stYdt sc ;fUWvgwo; Fkz fuUrl ck"l tfuUyl wmth begt=e sbthtrN mbtgturs; l n ntu;e ni> The Borrower agrees that the interest earned, if any on the Term Deposit which shall be payable on quarterly/ half-yearly basis shall be adjusted towards the interest due and payable on composite loan until the term deposit is adjusted in terms of the above clause. Qvh JrKo; mbtgtusl fuUvat;Tmkrb }UK vh cfUtY gts fUt NuMYumubtrmfU/r;btne/Abtne/ JtrMofUy;htt vh =ug ntud sc cfUtht gts vrhfUrt; rfUgt st;t ni ytih ;=l wmth W"thfU;to mu=ug ntu;t ni> The balance of interest outstanding on Composite Loan after adjustment as aforesaid shall be payable at monthly/ quarterly/ half-yearly/ yearly rests at which interest is calculated by the Bank and accordingly due from the Borrower. 304 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 begt=e }UK DxfUfUe mbg vh awfUti;e fUhl uvh fUtgofUthe vqksed; }UK fUtuYumul fU=e }UK b c=t r=gt stYdt rsmvh gql ;b W"th =h fUe =h mu.............................%r;JMoyr"fU fUe =h vh vh;wgql ;b.....................................%r;JMogt l fU=e }UK fuUrtY cfUtht mbg-mbg vh ttdqfUe stl uJtte =htvh gts vrhfUrt; rfUgt stYdt> On punctual repayment of the term loan component, the working capital loan will be converted into cash credit on which the interest shall be calculated at................... % p.a. Mirimum Lending Rate (MLR) subject to minimum ........................% p.a. or at the rates applicable for cash credit advances by the Bank from time to time. mkrb }UK fuUfUtgofUthe vqkse DxfUvh cfUtgt }UK htrN ytih/gt Wvgwo; Fkz fuUrl ck"l tfuU yl wmth l fU=e }UK Ft;uby;rh; cfUtY NuMhtrN fUe btkd rfY stl uvh Wl fUt Cwd;tl rfUgt stYdt> The loan amount outstanding on the working capital component of Composite Loan and/or the balance outstandihg transferred to the cash credit account in terms of above clause shall be payable on demand. W"thfU;to Rmb RmfuU l eau WrrF; ;theFt fUtu ytih rfU;t b }UK fuU YfU Ctd gtl e.................................... h. fUe htrN fUe awfUti;e cfUfUtufUhudt> A portion ofthe loan amounting to Rs. ..................................... shall be repayable by the Borrower to the Bank on the dates and by instalments mentioned hereunder. 305 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 awfUti;e yJr" REPAYMENT SCHEDULE cfUtht btkd rfY stl uvh W"thfU;to}UK fUe NuMhtrN gtl e.................................h. ;:t RmbRmfuUl eauWrrF; =h vh gts fUt Cwd;tl cfUfUtufUhudt>W"thfU;to}UK Ft;ufuU=irl fU NuMvh ytfUrt; gts fUt Cwd;tl , gql ;b W"th =h b................................%yr"fUfUe =h vh stugql ;b................................%r;JMontude, btrmfU/r;btne/Abtne/JtrMofUgt cfUfUe fUtgoKtte fuUyl wmth yg rfUme y;htt vh fUhudt<vh;wrVUh Ce cfUgt ;tuJrJJufUtl wmth W"thfU;tofUtu mqal t =ufUh gt Cth;eg rhsJocfUtht mbg-mbg vh sthe rfY dY rl =uNtfuUyl wmth Wvgwo; gts fUe =h bmkNtu"l gt J]r fUh mfU;t ni ytih W"thfU;toRmfuUtht gts fUe =h brfY stl uJttu YumumkNtu"l YJkJ]r fuUr; yvl e mnbr; =tl fUh;t ni ;:t RmfUhth fUt gn y:otdtgt stYdt btl tuRmfUth fuUmkNtu"l gt Jro; gts =h fUt WuF RmbrfUgt dgt :t ytih W"thfU;to WmfUt Cwd;tl fUhl ufuUrtY mbn; :t YJkRmfuUtht JumwhrG; ni> The balance amount of loan namely Rs. ............................................. shall be repayable by the Borrower to the Bank on demand with interest at the rate specified hereunder. The Borrower shall pay interest calculated on the daily balances of the loan a/c. at the rate of ........................... % over Minimum Lending Rate (MLR) subject to the minimum of...................% per annum with monthly/quarterly/half-yearly/yearly or any other rests according to the practice of the Bank; provided however that the above rate of interest may be revised or increased by the Bank either in its sole discretion of which notice shall be given to the Borrower or in accordance with the directives of Reserve Bank of India issued from time to time and the Borrower hereby agrees to such revision and increase in the rate of interest and this Agreement shall be construed as if such revised or increased rate of interest were mentioned herein and agreed to be paid by the Borrower and are hereby secured. 10. gr= Qvh WrrF; bqt"l gt gts fUe rfUme rfU; fuUCwd;tl bgr;f{b ntu;tucfU, Wm htrN vh rsmfuUmkck" bgr;f{b nwyt ntu, gr;f{b fUe ;theF muCwd;tl gt Jmqte fUe ;theF ;fU l q gl ;b W"th =h mu...................................%yr"fUfUe=h vh fUhk ;wgq l ;b ................................% r;JMogt WvgwoUviht bWrrF; }UK fUe rfU;tvh mbg-mbg vh ttdqyg =htvh gts Ctrh; fUhl ufUt nfU=th ntudt> In case there is any default in the payment of any of the instalments either of the principal or interest mentioned above, the Bank shall be entitled to charge interest at the rate of ......................... % over the Minimum Lending Rate (MLR) subject to the minimum of....................... % per annum or at such other rates as. applicable to time loan instalments of para above from time to time on the amount of such default from the date of default till payment or realisation. 306 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 10(fU) gn rfUcfUtht W"thfU;toytfUtu=e stl uJtte }UK/yrd{btfUtuvqJoN;ofuUv bW"thfU;to RmfuUtht Rmct; vh mnbr; g; fUh;un rfUW"thfU;to}UK/yrd{btfUe y=tgde by:Jt Wl vh gts y:Jt =ug ;theF fUturfUme mb; rfU; fUe y=tgde baqfUfUh;tucfUytih/y:Jt Cth;eg rhsJocfUfUturcl t N;ogn yr"fUth ntudt rfUJuWl fuUy:Jt Wl fUe fkUvl e/VUbo/gqrl x ytih WmfuUrl =uNfUt/Ctde=tht/JtrbgtfuUl tb cfUy:Jt Cth;eg rhsJocfUyvl uvqKorJJufUtr"fUth mu simt XefUmbSufUx gt fUtrN; fUh mfU;un> 10(a) That the Borrowers hereby agree as a pre-condition of the loan/advances given to them by the Bank that in case the Borrowers commit default in the repayment of the loan/ advances or in the repayment of interest thereon or any of the agreed instalment of the loan on due date/s, the Bank and/or the Reserve Bank of India will have an unqualified right to disclose or publish their names or the name of their company/firm/unit and its directors/ partners/ proprietors as defaulter in such manner and through such medium as the Bank or Reserve Bank of India in their absolute discretion may think fit. 11. }UK gt rfUme Ce v bWmvh m]rs; r;Cqr; fuUmkck" bWvd; Cth, ttd; ytih Fatu fUtu(WmbWrrF; }UK vh rl Guv cebt ytih gg dthkxe rl db fUt dthkxe fUJh tt fUhl unu;wWmu =t/=ug VUemmrn;) cfUfuUrl gb gt :t gt Cth;eg rhsJocfUfuUbtdo=Neormt;tfuUyl wmth }UK Ft;ubl tbuzttfUh Jmqt rfUgt stYdt>gn btl t stYdt rfURm;hn fuUmCe l tbuW"thfU;to fuUtr"fUth muzttudY>Rm;hn l tbuztte dRohtrN fUt Cwd;tl }UK vh ttdq=h vh gts mrn; ytih }UK fuUrtY ttdqy;htt vh rfUgt stYdt ytih Jn }UK Ft;ubgts l tbunttl ufuU;whk; ct=Abtne y;htt vh gtl e RmhtrN fUtul tbuzttl ufuU;whk; ct=Cwd;tl fuUrtY =ug ntude>bqt htrN ytih gts ;:t }UK Ft;uvh Jmqte gtug htrN fuUyttJt Qvh bg:tWrrF; Cth ytr= fuUrtY l tbuztte dRohtrN fUtuRmbm]rs; r;Cqr; tht vqhe ;hn mwhrG; rfUgt stl t atrnY> The charges, costs and expenses incurred in connection with loan or security created thereagainst in any manner whatsoever (including fees paid/payable to Deposit Insurance and Credit Guarantee Corporation for securing their guarantee cover for the loan herein mentioned) shall be recovered by debit to the loan account in accordance with Banks rules or practices or RBI guidelines. This may be deemed as the Borrowers authorisation for all such debits. The amount so debited shall be payable together with interest thereon at the rate and rests applicable to the loan and shall be due for payments imrnediately after the debit of the interest to the loan accounts as at the half-year end immediately succeeding the debit of this amount. Besides the principal amount and interest due and realisable amount of the loan account, the amount debited towards charges etc. as mentioned herein above should be secured in full by the security herein created. 12. Rmby;rJo rfUme ct; fuUntu;unwY Ce mvqKoyrd{b ;fUtt W"thfU;totht cfUfUtu=ug ntudt 307 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 ytih ckfUrl l rtrF; Dxl tytbmurfUme YfUfuUDrx; ntul uvh RmfUe r;Cqr; fUtuJr;o; fUhtl u fUt nfU=th ntudt, g:t& Notwithstanding anything herein contained the whole advance shall become forthwith due and payable by the Borrower to the Bank and the Bank will be entitled to enforce its security upon the happening of any of the following events, namely: (fU) y=tgde fUe ;theF fUtubqt"l fUe rfUme rfU; fuUy;=; hnl uvh WmfuUCwd;tl fuU rtY< (a) any instalment of the principal moneys being unpaid on the due date for payment thereof; (F) atnuytivatrhfUgt Ji" v mubtkd fUe dRontugt l n, rfUme gts fuU=ug ntustl u fuUvat;T;el bnel u;fUy=t ytih cfUtgt hnl uvh< (b) any interest remaining unpaid and in arrears for a period of tllree months, after the same shall have become due whether formally or legally demanded or not; (d) Rl rJtuFtytih/gt Rmbg:tWvt;rh; W"thfU;tofUe :tvl t by;rJo rl ck" ytih N;tu gt yrd{b mumkckr"; rfUn yg rl ck"l tgt N;tufuU(RmbfuUJt Wme gtusl fuUrtY }UK fUt Wvgtud Ntrbt ni rsmfuUrtY Jn Jef]U; rfUgt dgt ni) vttl gt yl wvttl b W"thfU;totht rfUme fUth fUt Ckd gt gr;f{b rfY stl uvh< (c) the Borrowers committing any breach or default in the performance or observance of the terms and conditions contained fn these presents and/or the Borrowers proposal as modified herein or any other terms or conditions relating to the advance (including utilisation of the loan exclusively for the purpose for which it has been allowed); (D) W"thfU;totht yvl u}UK=t;tytmufUtuRoXnhtJ gt Nbl fUhl uvh gt r=Jtrtgtvl fUt fUtuRofUtgofUhl uvh< (d) the Borrowers entering into any arrangement or composition with its creditors or committing any act of insolvency; (E) W"thfU;tofUtumb; mvrt gt WmfuUrfUme Ctd vh fwUfUeogt fUh:bTfUt yt=uN Jr;o; gt W=Td]ne; ntul uvh< (e) execution or distress being enforced or levied against the whole or any part of the Borrowers property; 308 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (a) W"thfU;tofUe mb; mvrt gt WmfuUrfUme Ctd fuUctc; rhmeJh rl gw; ntul uvh< (f) a Receiver being appointed in respect of the whole or any part of the property of the Borrower; (A) W"thfU;tofUthcth Atu\z hnt ntugt WmfuUfUthcth Atu\zl ufUe ytNkfUt ntu< (g) the Borrower ceasing or threatening to cease to carry on business; (s) fUtuRoYume vrhr:r; Wvt ntul uvh, stucfUfUtu=e dRor;Cqr; vh r;fqUt CtJ zttl u Jtte ntugt WmuWCmtl vnwat;e ntugt mkfUx bztt;e ntugt WmfuUbqg fUtufUb fUh;e ntu<ytih (h) the occurrence of any circumstance which is prejudicial to or impairs or imperils or depreciates the security given to the Bank; and (S) rfUme Yume Dxl t fuUDrx; ntul ugt vrhr:r; fuUWvt ntul uvh, stuW"thfU;tofuU}Uh awfUtl ufUe Gb;t vh rfUme fUth fUt r;fqUt gt rJhtu"e CtJ ztt;e ntugt zttl ufUe ytNkfUt ntu> (i) the occurrence of any event or circumstances which would or is likely to prejudicially or adversely affect in any manner the capacity of the Borrower to repay the loan. Wvgwo; bmufUtuRoDxl t Drx; nwRoni gt l n, Rmmc" bcfUfUt rl Kog yr;b ytih W"thfU;tovh ctgfUthe ntudt> On the question whether any of the above events has happened, the decision of the Bank shall be conclusive and binding on the Borrower. 12(fU) sc ;fUrfUcfUfUtufwUt htrN fUt Cwd;tl l n rfUgt st;t ni atnuJn Cq;, J;obtl gt CrJg fUt ntu, Jt;rJfUgt ytfUrbfUntu, stuW"thfU;totht =ug ntugt rsmfuUrtY W"thfU;togntkRmfuUy"el gt yg:t =tge ntumfU;t ntuy;Jt ntuawfUt ntu;:t atnuJn "tl v bntugt r;CqfuUv b, W"thfU;togn mnbr; =u;t ni rfUcfUfUe mCe r;Cqr;gtkytih/gt bwtYkstufwUA Ce ntsturfUme mbg cfUtht W"thfU;tofUe ytuh mugt WmfuUFt;ubrfUme v b, rfUme fUth mugt rfUme Ce W=T=ug mu"thr; fUe stYkde Jn cfUfuU"thKtr"fUth bntde ;:t/gt cfUfUtuWmfuU}UK Ft;ubmbksl fUhl ufUt vqKo yr"fUth ntudt>cfUfUtuW; r;Cqr; YJk/gt bwt bmuW"thfU;tofuU=trgJ gt =ug;t fUtu Wbtura; fUhl ufUe ;:t begt=e sbtytfuUbtbtubatnuJn Cwd;tl fuUrtY vrhvJ nwyt ntuy:Jt l n, YJkW"tfU;tofUtumqra; rfY rcl t (;:t Jt= =tgh fUhl ugt rJr"fUrf{gt thkC fUhl ufuUvqJogt vat;T) rsmv batnurJrl gtusl y:Jt Jmqte fUe J;kt;t ntude> m=TCtJvqJofUytfUrt; htrN, stu=trgJ fUe htrN ntude, WmucfUmbkrs; fUh mfU;t ni> 309 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (a) Until payment is made to the Bank of all the amounts, whether past, present or future, actual or contingent, which may be payable by the borrower or for which the Borrower may be or become liable hereunder or otherwise and whether as principal or surety, the borrower agrees that the Bank shall have a lien and/or right of set off on all securities and/or monies whatsoever held at any time by the Bank on account of or to the credit of the Borrower in or for any account or manner or purpose howsoever. The Bank shall be at liberty to discharge the said obligations or liabilities of the borrower out of the said securities and/or monies, and in case of term deposits, whether the same have matured for payment or not, and may appropriate or realise them in the manner thought fit by it and without notice to the Borrower (and whether before or after filing suit or taking any legal proceedings). The Bank may set off an amount estimated by it in good faith to be the amount of that obligation. 12(F) W"thfU;tofUtur=Y stl uJttu}UK/yrd{b/yg dih-rl r" yt"trh; }UK mwrJ"tytfuUrtY YfU vqJoN;ofuUv bcfUfUtuW"thfU;tomuRmct; fUe mnbr; tt fUhl t she ni rfUJn W"tfUh;totht t fUe dRo/t fUe stl uJtte }UK mwrJ"tytmumkckr"; mqal t ytih ytkfU\zt, W"thfU;totht "trh;/"trh; fUe stl uJtte ;mck"e =ug;tytytih WmfuUvttl bW"thfU;to tht fUe dRoaqfU(gr= fUtuRontu) fUtufUx fUh mfU;t ni> (ii) ;=l wmth W"thfU;toY;=Ttht Jef]Ur; ytih mnbr; =u;t ni rfUcfUgr= Wra; ytih ytJgfU mbSu;tu}UK mqal t gqhtu(Cth;) rt. ytih RmfuUrtY Cth;eg rhsJocfUtht tr"f]U; rfUme yg Ysme fUturl l rtrF; mCe gt RmfUth fUe fUtuRoCe stl fUthe =umfU;t ni& fU) W"thfU;tofuUcthubmqal t ytih ytkfU\zt< F) W"thfU;totht tt fUe dRo/tt fUe stl uJtte }UK mwrJ"tytmumkckr"; mqal t gt ytkfU\zt, ytih d) Wl =trgJtfuUvttl bW"thfU;totht fUe stl uJtte aqfU, gr= fUtuRontu> (iii) W"thfU;togn DtuMKt fUh;t ni rfUWmfuUtht cfUfUtu=e dRomqal t ytih ytkfU\zt mg ytih mne ni> (iv) W"thfU;togn Jal =u;t ni rfU& fU) }UK mqal t gqhtu(Cth;) rt. ytih Rm;hn mutr"f]U; fUtuRoYsme cfUtht fUx fUe dRoW; mqal t ytih ytkfU\zt fUt Wvgtud ;:t mkmt"l fUh mfU;t ni<;:t F) }UK mqal t gqhtu(Cth;) rt. ytih Rm;hn mutr"f]U; fUtuRoYsme mkmtr"; mqal t ytih ytkfU\zt gt yvl utht rl rbo; WmfuUWvt=tfUtuCth;eg rhsJocfUtht RmfuU rtY rl r=o cfUt/rJteg mk:tytfUturJatht:o;w; fUh mfU;t ni> 310 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 12(b) As a pre-condition, relating to grant of the loans/advances/other non-fund based credit facilities to the borrower, bank requires borrowers consent for the disclosure by the bank of information and data relating to the credit facility availed of/to be availed, by borrower, obligations assumed/to be assumed, by borrower; in relation thereto and default, if any, committed by borrower in discharge thereof. (ii) Accordingly, borrowers hereby agree and give consent forthe disclosure by the Bank of all or any such; a) information and data relating to borrower; b) the information or data relating any credit facility availed of/to be availed, by borrower; and c) default, if any, committed by borrower in discharge of borrower such obligation, as the Bank may deem appropriate and necessary, to disclose and furnish to Credit Information Bureau (India) Ltd., and any other agency authorised in this behalf by RBI. (iii) Borrowers declare that the information and data furnished by borrower to the Bank are true and correct. (iv) Borrowers undertake that: a) the Credit Information Bureau (India) Ltd., and any other agency so authorised may use, process the said information and data disclosed by the Bank; and b) the Credit Information Bureau (India) Ltd., and any other agency so authorised may furnish for consideration, the processed information and data or products thereof prepared by them, to banks/financial institutions and other credit guarantees, as may be specified by the Reserve Bank of India in this behalf. 311 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 vqJoJ;eortF; brJrlr=o J;wytfUe mqae SCHEDULE OF GOODS REFERRED TO IN THE FOREGOING INSTRUMENT mkgkt ytih bNelhe fUe mqae SCHEDULE OF PLANT & MACHINEARIES RmfuUmtGe fuUv bW"thfU;tol uRmfUhth fUtuWvhrtrF; r=l , bnel uytih JMobrl vtr=; rfUgt> IN WITNESS WHEREOF the Borrower has executed this Agreement the day, month and year above written. (W"thfU;tofuUn;tGh) (Signature of Borrower) l tux &RmVUtbofuUrn=e vtX murfUme fUth fuUJ t=-rJ J t=fuUWvt ntul ufUe r: r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> Note: In the event of any controversy arising out of Hindi version of this Form, the original English text of it will be treated as authoritative. 312 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y/A. 9D gq fUtucf UCO BANK dih-rlr" yt"trh; mwrJ"t fUtumwhrG; fUhlufuUrtY attq ytr;gtfUt =]rck"l fUh;unwY Cth-rJ;th nu;wfUhth AGREEMENT FOR EXTENSION OF CHARGE BY WAY OF HYPOTHECATION OVER CURRENT ASSETS TO SECURE NON-FUND BASED FACILITIES gn yr;rhUfUhth YfUytih............................................................................rtrbxu z, stufk Uvl e yr"rl gb, 1956 fuUy"el YfUvksef]U; fkUvl eni ;:t rsmfUt vksef]U; fUtgtotg.................................. br;: ni (rsmuRmbRmfuUvat; IIW"thfU;toOO, fUnt dgt ni YJkRmyrCgr; bsc-;fUfUtuRo ct; rJMg gt mk=CofuUrJh gt WmmuyvJrso; l ntu, RmfuUWthtr"fUthe YJkmbl w=urN;e Ntrbt ntdu) ytih =qmhe ytuh gqfUtucfU, stucfUfUthe fkUvl e (Wvf{btfUt ysol YJkyk;hK) yr"rl gb, 1970 g"tmkNtur"; cfUfUthe rJr" (mkNtu"l ) yr"rl gb, 1985 fuUy"el drX; YfUrl drb; rl fUtg ni ytih rsmfUt "tl fUtgtotg 10, rJ. ti. b. mhKe, fUtutfUt;t b ni ;:t rsmfUe YfU NtFt.................................................. bni) rsmuRmbRmfu Uvat; cfUfUnt dgt ni, RmyrCgr; bsc-;fUfUtuRoct; rJMg gt mk=CofuUrJh gt WmmuyvJrso; l ntuRmfuUWthtr"fUthe ytih mbl w=urN;e Ntrbt ntdu) fuU cea yts r=l tkfU.................................. 200 .......... (=tu nsth.....................................................................) fUturl vtr=; rfUgt st;t ni> THIS ADDITIONAL AGREEMENT made at .................................................................. this ....................................... day of .......................................... two thousand .................. Between ........................................................................... Limited, a company registered under the Companies Act, 1956 having its Registered Office at ........................................................ (hereinafter called The Borrower which expression shall unless excluded by or repugnant to the subject or context be deemed to include its successor and assigns) of the One part AND UCO Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 as amended by the Banking Laws (Amendment) Act, 1985 having its Head Office at No. 10, B. T. M. Sarani, Kolkata and a branch office at ............................................................. (hereinafter called the Bank which expression shall unless excluded by or repugnant to the subject or context be deemed to include its successors and assigns) of the Other part. fUhthfuUylwmth xtv tdtYk To be stamped as an Agreement 313 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 aqkrfU/ WHEREAS : fU) cf U l u W"thf U;to f uU yl whtu" vh yg ct;t f uU mt:-mt: Rm N;o vh............................................................. h. ................................ fUe l fU=e }UK mwrJ"t Jef]U; fUe ni ytih/gt Jef]Ur; nu;wmnbr; =e ni YJkWmfuUgts, ttd; Cth YJkgg fuU mt: WmfUe=]rck"l rJtuF r=l tkfU.................................................200 ................ YJkf{bN& g"tmkNtur"; yl wvqhfU =]rck"l rJtuFtr=l tkfU.............................................................. YJk........................................................... fuU tht mwhrG; ni, W; }UK mebt fUtu c\ ZtfUh...........................................h. ;:t ytduytih ........................................h. ;fUc\ Ztgt dgt (mCe Wvgw; fUhth rsnRmfuUvat; mtbqrn; v muIIWvgwo; l fU=e }UK =]rck"l fUhthOOfUnt dgt ni) W"thfU;tocifUfuUvG brl vtr=; fUh;t ni YJkRmfuUmt:-mt: W"thfU;to fUe btisq=t YJkCrJg fUe mCe at mvrtgtvh =]rck"l fuUtht cfUfUt :b Cth ntudt> A) The Bank at the request of the Borrower has granted and/or agreed to grant accommodation to the Borrower by way of cash credit facility to the extent of Rs. ............................. and the repayment thereof with interest, costs, charges and expenses has been secured by the Deed of Hypothecati on dated the ......................................... day of ................................. 200 ......... and as modified by the Suppl emental Deeds of Hypothecati on dated respecti vel y the ............................................................ and ................................. ..................... whereby the said limit has been increased to the extent of Rs. ................................. and further to Rs. .......................................... (all the aforesaid agreements are hereinafter collectively referred to as the said Cash Credit Hypothecation Agreement) executed by the Borrower in favour of the Bank creating inter alia, a first charge by way of hypothecation on all the movable properties of the Borrower (as detailed therein) present and future. F) W"thfU;to fuU yl whtu" vh cfU l u (i) W"thfU;to fuU rJrCt ytvqr;ofU;toyt fuU vG b.................................................ttC h. muyl r"fUhtrN fUt mtF-vt sthe fUhl uYJk(ii) W"thfU;tofUtutt W; l fU=e }UK mwrJ"t (rsmuRmbRmfuUvat; OOyr;rhUmwrJ"tOOfUnt dgt ni ) fu UyttJt ;:t W"thfU;tofUtuytr:o fU=u g;t Jv ....................................................ttF h. muyl r"fUhtrN fUe dthkxe sthe fUhl ufuUrtY Jef]Ur; =tl fUe ytih/gt Jef]Ur; nu;w mnbr; =e ;:t gn rfUW"thfU;toW; l fU=e }UK =]rck"l fUhth tht m]rs; :b Cth tht yr;rh; mwrJ"tytfUtuCe mwhrG; fUhl ufuUrtY mnb; ni> B) At the request of the Borrower the bank has granted /agreed to grant other additional facilities by way of (i) issue of Letters of Credit favouring various suppliers to the Borrower for an amount not exceeding a limit of Rs. ................................. and (ii) issue of guarantees also undertaking pecuniary liabilities on account of the Borrower for an 314 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 amount not exceeding Rs. .............................. over and above and in addition to the said cash credit facility (hereinafter referred to as the additional facilities) on the Borrower agreeing that the said first charge created by the said Cash Credit Hypothecation Agreement shall also extend to secure the additional facilities. yc Y=;Ttht rl l rtrF; her; mu=tul tvGtfuUcea mnbr; nwRoni& NOW IT IS HEREBY AGREED by and between the parties hereto as follows : 1. gn rfUW"thfU;tocfUtht btkd fUe stl uvh rl l rtrF; fUt ;whk; Cwd;tl fUhudt_ The Borrower shall pay to the Bank immediately on demand i) cfUtht Jef]U; YJk;w; W; mtF-vt fuUyl wmhK brJrl bg rctt/z[txtfUe htrN ;:t Wl htrNgtfUt Ce atnuJubqt gts, ttd;, Cth YJkgg fuUb=bnt gt d{tnfUfUe ytih mugt WmfuUc=tubcfUtht mk:trv; W; mtF vt fuUbtbtu bgt WmfuUy"el mbg-mbg vh gt rfUme Ce mbg stufwUA cfUCwd;tl fUh mfU;t ni gt cfUfUtufUhl t ni ytih Wl mCe htrNgt, stuvhf{tbK fUe ;theF muCth YJk gg =tul tfuUJt;rJfUCwd;tl fUe ;theF ;fUW; rJrl bg rctt/z[tgtvh Ctrh; gts mrn; W; mtF vttfuUmk=Cobgt RmfuUy"el W"thfU;totht cfUfUtu=ug gt cfUtgt ni, fUt Cwd;tl cfUtht Jnl rfUgt stYdt gt W; mtF-vt fUe N;tufUtu vqht fUhl ufuUbtbtub;:t rJ=uNe bwt W;th-a\ZtJ fuUVUtJv htrN brfUme fUth fUe J]r ntul uvh cfUtht =ug ntudRontu, ytih the amount of Bills of Exchange drafts drawn under pursuant to the said Letter of Credit presented to and accepted by the Bank and also all amounts whether for principal interest, costs, charges and expenses or howsoever which the Bank may pay or may have to pay from time to time or at any time in respect of or under the said Letters of Credit established by the Bank for and on behalf of or on account of the Borrower and also all monies which are or may be due owing or payable by the Borrower to the Bank under or in connection with the said Letters of Credit including interest on the said Bills of Exchange/drafts from the date of negotiation till the date of actual payment together with charges and expenses which may be incurred by the Bank or become payable by it in connection with fulfilment of the terms of the said Letters of Credit and any increase in the amount due to exchange fluctuations; and ii) fUbeNl , gts, Cth ytih Rmmumkckr"; mCe gg fuUbtbtubW"thfU;tofUe ytuh mu gt WmfuUc=tub;:t mbg-mbg vh gt rfUme Ce mbg cfUtht sthe W; dthkrxgt fuUbtbtubgt RmfuUy"el cfUmCe htrNgtfUt Cwd;tl fUh mfU;t ni gt Wmu Cwd;tl fuUrtY fUnt st mfU;t ni gt Cwd;tl nu;w=tge Xnhtgt st mfU;t ni> 315 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 all monies which the Bank may pay or may be called upon to pay or liable to pay under or in respect of the said guarantees issued by the Bank from time to time or at any time for and on behalf of or on account of the Borrower with commission, all interest, costs, charges and expenses thereon. 2. W"thfU;tofUtuWvgwo; yr;rh; mwrJ"t Jef]U; fUhl ufuUrtY cfUfUe ytuh murfY dY fUhth fuUyl wmhK bRmbRmfuUvntuc;tRodRoher; muW"thfU;toRmct; mumnb; ntu;t ni rfU W; l fU=e }UK =]rck"l fUhth bv;&JrKo; yt"th vh W"thfU;tofuUbtisq=t YJkCrJg b ntul uJttumCe Wvt=, btt YJkat mvrt, rsnRmbII=]rck"l bttOOfUnt dgt ni, fUt =]rck"l rfUgt stYdt YJkyr;rh; mwrJ"tytfuU;n; =ug gt =ug ntul uJtte mkckr"; htrN fuUrtY r;Cqr; fuUv bCe cfUfuUvG b:b Cth Jv ;:t cfUfuUvG b =]rck"l sthe hnudt ytih RmfuUyr;rh; YJkRmbrfUme fUth fuUvqJod{n fuUrcl t Cwd;tl fuU rtY r;Cqr; fuUv bWme fUth =]rckr"; rfUgt stYdt YJkWvgwo; yr;rh; mwrJ"tytfuU btbtubcfUfUtuW"thfU;totht =ug mCe hrtNgtfUe rfUme Ce mbg btkd fUe stl ufUt rl vt=l rfUgt stYdt ytih gn rfUW; l fU=e }UK =]rck"l fUhth brJrl r=o rl ck"l YJkN;u W; yr;rh; mwrJ"tytfuUrtY Ce ttdqfUe stYkde YJkWvt" fUhtRostYkde ;:t cfUfuU ytJgfU;tl wmth Yumuyg rl ck"l tYJkN;tufUt W"thfU;totht yl wvttl rfUgt stYdt YJkcfU mbg-mbg vh RmfUe mqal t W"thfU;tofUtu=udt> In consideration of the agreement on the part of the Bank to grant the aforesaid additional facilities to the Borrower as and in the manner hereinbefore recited the Borrower has agreed that all the present and future products goods and moveable properties of the Borrower more fully described in the said Cash Credit Hypothecation Agreement and referred to therein as the Hypothecated goods, shall further stand hypothecated and charged by way of first charge in favour of the Bank also as security for the respective amounts due and becoming due under the additional facilities and shall continue to stand hypothecated to the Bank and in addition and without prejudice thereto stand further hypothecated in like manner as security for payment and discharge by the borrower to the Bank on demand of all monies at any time payable by the Borrower to the Bank in respect of the above referred additional facilities and that the terms and conditions referred to in the said Cash Credlt Hypothecation Agreement being made applicable and available also for the said additional facilities and the Borrower to abide by such other terms and conditions as may be deemed necessary by the Bank and communicated by the Bank to the Borrower from time to time. 3. gn rfUW; l d=e }UK =]rck"l fUhth brJrl r=o rl ck"l YJkN;tuJef]U; yr;rh; mwrJ"t fuUbtbtubCe vqKo;&ttdqntde ytih gn YfUyr;rh; fUhth fuUv bntudt YJkRmul fU=e }UK =]rck"l fUhth fuUmt: v\Zt stYdt> 316 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 That all the terms and conditions contained in the said Cash Credit Hypothecation Agreement are applicable in entirely also in respect of the additional facilities granted and this agreement is additional to and shall be read with the said Cash Credit Hypothecation Agreement. 4. gn rfUW"thfU;tocfUtht-mtF vt Ftutl uYJkdthkxesthefUhl ufuUrtY JtkrA; ytJgfU;tyt ;:t ttdqrf{gtd; ytivatrhfU;tytfUtuvqht fUhudt ;trfUcfUgufUmtF-vt YJkdthkxe fUtu Ftut mfuUytih sthe fUh mfuUcN;uogn rfUrfUme mwrJ"t gt mntg;t fUtuJef]U; fUhl ugt sthe fUhl ufuUrtY cfUctg l n ntudt gtrfURmuWra; fUhth =ul t vqKo;&RmfuUrJJufUtr"fUth vh rl Coh fUhudt> That the Borrower shall comply with all requirements and the procedural formalities applicable to the opening of Letters of Credit and issuing of Guarantees by the Bank to enable the Bank to open and issue each and every one of the Letters of Credit and Guarantees provided always that the Bank shall not be bound to grant or continue any facility or accommodation except as it shall in its absolute decision consider fit. 5. gn fUhth W; yr;rh; mwrJ"tytmumkckr"; yg rfUme fUhth YJkr;Cqr;gtfuUyttJt ntudt ;:t W; fUhth fuUy"el W"thfU;tofUe mCe =ug;tYkYJk=trgJ Y;=Ttht Ctrh; r;Cqr; fuU v b=]rckr"; btt fuUtht mwhrG; ntdu>Wvgwo; fuUmtGe Jv W"thfU;tofUe mtbtg bwnh tdtRodRoYJkgn Wvgwo; WrrF; r=l , btn YJkJMofUturl vtr=; rfY dY> This Agreement shall be in addition to any other Agreement and Securities in relation to the said additional facilities and all the liabilities and obligations of the Borrower under the said Agreements stand secured by the Security of hypothecated goods charged hereby. In Witness whereof the Common Seal of the Borrower has hereunto been affixed and these presents executed the day month and year first above written. 5.(fU) IIsc ;fUcfUfUtuW"thfU;totht =ug mCe htrNgtfUt Cwd;tl l n ntust;t ni, stuy;e;, J;obtl y:Jt CrJg fUe, Jt;rJfUy:Jt ytfUrbfUhtrN ntu, y:Jt rsl fuUrtY W"thfU;to bqt v muy:Jt r;CqfuUv bRmfuUy"el y:Jt yg:t Wth=tge ntu, y:Jt ntu;t ntu, W"thfU;toRmct; vh mnb; ntu;t ni rfUcfUtht W"thfU;tofuUtuFufUe y:Jt WmfuU Ft;ufUe htrN vh y:Jt WmfuUrfUme Ft;uvh rfUme Ce her; y:Jt gtusl murfUme Ce mbg "trh; mCe r;Cqr;gt;:t/htrN vh d{nKtr"fUth ;:t/y:Jt bwshufUt yr"fUth cfUfuU vtmntudt>W; r;Cqr;gt;:t/y:Jt "l bmuW"thfU;tofuUW; =trgJty:Jt =ug;tyt fuUWbtual fuUrtY cfUJ;kt ntudt ;:t begt=e sbthrNgtfuUbtbtub, atnuJuCwd;tl fuU rtY vrhvJ nwRontuy:Jt l n, W"thfU;tofUtul turxmr=Y rcl t Jt= =tgh fUhl uy:Jt fUtuRo rJr"fUfUtgoJtne fUhl ufuUvqJoy:Jt vat;) stuCe her; WmuWra; tdu, WmmuRl fUt rJrl gtusl y:Jt Jmqte fUe st mfuUde>cfUm=TCtJ mutfUrt; WmhtrN fUt bwsht fUh mfuUdt stuWmfuU=trgJ fUe htrN ntude>OO 317 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 5. (a) Until payment is made to the Bank of all the amounts, whether past present or future, actual or contingent, which may be payable by the borrower or for which the borrower may be or become liable hereunder or otherwise and whether as principal or surety, the borrower agrees that the Bank shall have a lien and/or right of set off on all securities and/or monies whatsoever held at any time by the Bank on account of or to the credit of the Borrower in or for any account or manner or purpose howsoever. The Bank shall be at liberty to discharge the said obligations or liabilities of the borrower out of the said securities and/or monies, and in case of term deposits, whether the same have matured for payment or not, and may appropriate or realise them in the manner thought fit by it and without notice to the Borrower (and whether before or after filing suit or taking any legal proceedings). The Bank may set off an amount estimated by it in good faith to be the amount of that obligation. 5.(F) W"thfU;tofUtur=Y stl uJttu}UK/yrd{b/yg dih-rl r" yt"trh; }UK mwrJ"tytfuUrtY YfUvqJo N;ofuUv bcfUfUtuW"thfU;tomuRmct; fUe mnbr; tt fUhl t she ni rfUJn W"thfU;totht tt fUe dRo/ tt fUe stl uJtte }UK mwrJ"tytmumkckr"; mqal t ytih ytkfU\zu< W"thfU;totht "trh;/"trh; fUe stl uJtte ;mck"e =ug;tytytih WmfuUvttl bW"thfU;totht fUe dRoaqfU(gr= fUtuRontu) fUtufUx fUh mfU;t ni> (ii) ;=l wmth W"thfU;toY;=Ttht Jef]Ur; ytih mnbr; =u;t ni rfUcfUgr=Wra; ytih ytJgfU mbSu;tu}UK mqal t gqhtu(Cth;) rt. ytih RmfuUrtY Cth;eg rhsJocfUtht tr"f]U; rfUme yg Ysme fUturl l rtrF; mCe gt RmfUth fUe fUtuRoCe stl fUthe =umfU;t ni& fU) W"thfU;tofuUcthubmqal t ytih ytkfU\zu< F) W"thfU;totht tt fUe dRo/tt fUe stl uJtte }UK mwrJ"tytmumkckr"; mqal t gt ytkfU\zu, ytih d) Wl =trgJtfuUvttl bW"thfU;totht fUe stl uJtte aqfU, gr= fUtuRontu> (iii) W"thfU;togn DtuMKt fUh;t ni rfUWmfuUtht cfUfUtu=e dRomqal t ytih ytkfU\zumg ytih mne ni> (iv) W"thfU;togn Jal =u;t ni rf U& fU) }UK mqal t gqhtu(Cth;) rt. ytih Rm;hn mutr"f]U; fUtuRoYsme cfUtht fUx fUe dRoW; mqal t ytih ytkfU\zt fUt Wvgtud ;:t mkmt"l fUh mfU;t ni<;:t F) }UK mqal t gqhtu(Cth;) rt. ytih Rm;hn mutr"f]U; fUtuRoYsme mkmtr"; mqal t ytih ytkfU\zt gt yvl utht rl rbo; WmfuUWvt=tfUtuCth;eg rhsJocfUtht RmfuU rtY rl r=o cfUt/rJteg mk:tytfUturJatht:o;w; fUh mfU;t ni> (b) As a pre-condition, relating to grant of the loans/advances/other non-fund based credit facilities to the borrower, bank requires borrowers consent for the disclosure by the 318 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 bank of, information and data relating to the creditfacility availed of/to be availed, by borrower, obligations assumed/to be assumed, by borrower, in relation thereto and default, if any, committed by borrower in discharge thereof. (ii) Accordingly, borrowers hereby agree and give consent for the disclosure by the Bank of all or any such; a) information and data relating to borrower; b) the information or data relating any credit facility availed of/to be availed, by borrower and c) default, if any, committed by borrower in discharge of borrower such obligation, as the Bank may deem appropriate and necessary, to disclose and furnish to Credit Information Bureau (India) Ltd., and any other agency authorised in this behalf by RBI. (iii) Borrowers declare that the information and data furnished by borrower to the Bank are true and correct. (iv) Borrowers undertake that : a) the Credit Information Bureau (India) Ltd., and any other agency so authorised may use, process the said information and data disclosed by the Bank; and b) the Credit Information Bureau (India) Ltd., and any other agency so authorised may furnish for consideration, the processed information and data or products thereof prepared by them, to banks/financial institutions and other credit guarantees, as may be specified by the Reserve Bank of India in this behalf. r=l tk fU................................................. 200 ................. fUtuytgtu rs; fk Uvl efu Url =u NfU bk zt fUeci XfUbrtY dY mk fUv fu Uyl w mhK be................................................ ........................................................, fkUvl efuU=turl =uNfUtfUeWvr:r; bfkUvl e fUe mtbtg bwnh tdtRodRo> The Common Seal of ..................................... was hereunto affixed pursuant to a Resolution of the Board of Directors of the Company Passed at a meeting held on the ........................... day of .............................. 200 ......... in present of Shri ..................................................................................... and Shri ................................................................................................ two of the Directors of the Company who have executed these presents. 319 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-12 The Manager, UCO BANK ........................................ Date ........................... 20 Dear Sir, With reference to my/our Cash Credit Account with the Bank against securities mentioned in Schedule A hereunder we admit that the Balance due on ............................... ................................. exclusive of interest from............................................................................ was Rs. .................................. (Rupees ........................................................................................ ..................................................). I/We also admit the correctnes of the account on the footing of which the said amount is due. As the Bank has agreed to continue the said Cash Credit Account against securities mentioned in Schedule B hereunder upto the limit of Rs. ......................................... in principal, I/we have passed a fresh Promissory Note and the other documents for the said amount of Rs. ................................................ (being the said limit upto which Cash Credit is to be operated) by way of collateral security and in renewal of my/our previous Pronote and other documents. Schedule A Schedule B Yours faithfully, Note : In the event of any controversy arising out of Hindi Version of this Form, the original English Text of it will be treated as authoritative. 320 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y-12 ck"fU, gqfUtucfU ......................................... r=l tkfU........................20 rg bntu=g, RmfuUl eau=e dRoyl wmqae IfUObWrrF; r;Cqr;gtvh cfUbbuhu/nbthul fU=e }UK Ft;ufuU mkck" bnb gn JefUth fUh;un rfU................................................................mugts fUtuAtu\zfUh .............................................h. (........................................................................................hvgu ) fUe hfUb...................................................................fUtucfUtgt :e>b/nb WmFt;ufUe mg;t fUtuCe JefUth fUh;t nq/fUh;un rsmbWvgwo; hfUb cfUtgt ni> aqkrfU cfU l eaufUe yl wmqae IFObWrrF; r;Cqr;gtvh W; l fU=e }UK Ft;ufUtu ............................................. h. fuUbqt"l fUe mebt ;fUattqhFl uvh mnb; ntudgt ni, y;& bl u/nbl umkvtrJofUr;Cqr; fuUv bytih yvl urvAtuJal -vt YJkyg =;tJustfUtul Jef]U; fUh;u nwY..............................................h0 (l fU=e }UK muvrhattl fUe mebt) fUe W; hfUb fuUrtY l gt Jal -vt ytih yg =;tJus vtrh; rfUgt ni> yl wmqae_IfUO yl wmqae_IFO CJ=eg, rxvKe&RmVUtbofuUrn=e vtX murfUme fUth fuUJt=-rJJt=fuUWvt ntul ufUe r:r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> 321 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y/A 12Y/A gq fUtucf UCO BANK NtFt BRANCH }UK/ r;Cqr;gtfUetrt mqalt ACKNOWLEDGEMENT OF DEBT/SECURITIES mkgt/ No. .......................................... r=l tkfU/ Date : ............................... muJt b/ To M/s. ................................................. ................................................. ................................................. rg bntu=g/bntu=gdK/ Dear Sir/Sirs, mk=Co&ytvfUt }UK/ l fU= W"th Ft;t................................................ Re : Your Loan/Cash Credit A/c. .................................................. 1. nb mq ra; fUh;un rfUytvfu U}UK/ l fU=W"th Ft;ufUt Nu M;theF .......................................... fUtuhvgu................................ (hvgu......................................................................................) mul tbu :t> We beg to inform you that balance of your loan/cash credit account on ........................ was debit Rs. ................................ (Rupees ..........................................................................) 2. gn NuMytih mbg-mbg vh Ft;ubl tbuNuMrl l rtrF; fuUtht r;Cq; ni _ btkd Jal vt h. ........................................................... ;theF ................................. gqfUtucfUfuU vG b........................................................................................................................ tht ytnrh; > m;; r;Cq r; vt ;theF .............................................................. dthk xevt ;theF .................................... h.................................. fUemebt ;fU..................................................................................... tht n;tGrh; rdhJe fUhth vt ;theF ................................... rdhJe mtbtl .......................................... ..........................................................................;tucfUfuUvtmmbg-mbg vh sbt fUhtY dgun> =] rck "fUfUhth ;theF ............................................................................................. mCebq ;oat mvrtgt 322 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 fuUrtY rJNuMv mu........................................................................................................................ ......................................................................................................................................................... ......................................................... ytr;gtkNtrbt n ;:t stu................................................. ...........................................................................................................:tl vh hFe ytih v\ze n> ........................................................... br:; yat mkvrt fUt mtbrgfU/Jr"fUck"fUrsmfUt m]sl .....................................................................b........................................................20 .............. .........................................................fu............................................ r=l nfUrJtu FtfUtusbt fUhfu U rfUgt dgt ni>.........................................20 ............................ fu......................................................... r=l fUtuvksef]U; rJtuF tht rfUgt dgt ni ;:t stucfU fuU r;Cqr; hrsxh fuU Ft;t cne vtt........................................................................................................................... vh =soni> This balance and the balance from time to time in debit in the account are secured by : Demand Promissory Note for Rs. .................................. dated ..................................... drawn by .............................................................................................................................. in favour of UCO BANK ......................................................................................................................................... .................................................................. Letter of Waiver dated ................................................/ Letter of Continuing Security dated ................................................ Letter of Guarantee dated ................................................ signed by................................................................................. ............................................................................................................................................................ ................................................ to the extent of Rs. .................................... Agreement of pledge dated ................................................ of stocks of ............................................................ from time to time deposited with the Bank. Agreement of Hypothecation dated ..................................................................................... of all tangible movables including ................................................................................................ ............................................................................................................................................................ ........................................................................................................................ situate lying and being at ................................................ Equitable/Legal Mortgage of immovable property situated at .................................................................................... created by deposit of title deeds made at .................................................................................... on the .................................... day of .................................... 20 ............/ by a registered deed dated the .................................... day of ................................................ 20 ........................ and recorded in the Banks security register at folio ................................................................................................................................................ ............................................................................................................................................................ ............................................................................................................................................................ 323 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 3. gufUFt;u=th tht htsJ xtv vh ytg-vth n;tGh fUedgel eau=enwRovwr ytih dthkxefU;toyt tht htsJ, xtv vh ytg-vth n;tGh fUht fUh l eau=e dge mnbr; fuUmt: Jn mvqKoVUtbof]Uvgt g:tNeD{cfUfUtuttixt => Please return this form intact to the Bank as soon as possible with the confirmation below signed across a revenue stamp by borrower(s) and with the concurrence below of the guarantor/s also signed across revenue stamps. 4. RmfuUmt: =qmhur; ytvfuUrhfUtzofuUrtY n> A duplicate is sent herewith for your record. CJ=eg/ Yours faithfully, ck"fU/ Manager mktl fU/ Encl. : 324 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 r; / To r=l tkfU/ Date ............................. 20 ............ gq fUtucf UCO BANK 1. b/nb Y;=Ttht Qvh c;tY yl wmth h................................................................................ fUe htrN fuUrtY............................................................................ vh buhe/ nbthe}UKd{;;t yrCJefUth fUh;t nq/fUh;e nq/fUh;un ytih RmfUe vwr fUh;t nq/fUh;e nq/fUh;un ytih vql &yrCJefUth fUh;t nq/ fUh;e nq/fUh;un rfU}UK Wvh c;tY dY Zkd mur;Cq; ni ytih..................................................... fUtur;Cqr; ytih nfU/rJtuF fUe sbt tht mtbrgfUck"fUfuUWvgwo; tuF vqKo;&ttdqytih CtJe n ;:t WmfuUy"el r;Cqr; Ce vqKo;&ttdqytih CtJe n ;:t b/nb WmfUe N;tufuUbw;trcfU ytvfuUr; rsbu=th nq/n> I/We hereby confirm and akcnowledge my/our indebtedness to you Bank on .......................... in the sum of Rs. .............................................................................................................................. as stated above and futher acknowledge that the debt is secured in the manner stated above and that the aforesaid doucments of security/and the equitable mortgage by deposit of title deed on ........................................................... are in full force and effect and the security thereunder is also in full force and effect and that I/We am/are liable to you in accordance with the terms thereof. 2. b/nb Y;=Ttht vwr fUh;t nq/fUh;e nq/fUh;un rfUgn yrCJef]Ur; vrhmebl yr"rl gb, 1963 fUe "tht 18 fuUyk;do; buhe/nbthe =ug;t fuUv brl vtr=; fUe dRon> I/We hereby confirm that this acknowledgement is executed as an acknowledgement of my/our liability for the purposes of section 18 of the Limitation Act, 1963. ................................................................. (xtv)/ (Stamp) ................................................................. (xtv)/ (Stamp) ................................................................. (xtv)/ (Stamp) 325 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 1. b/nb dthkxefU;tovqJor; vwr ytih yrCJefUth mumnb; nq/n ytih DtuKt fUh;t nq/fUh;e nq/fUh;u n rfUbuhu/nbthutht n;tGrh; ytih Qvh l tux rfUgt dgt dthkxe vt vqKo;t CtJe ytih ttdqni ytih b/nb WmfUe N;tufuUbw;trJfUytvfuUr; rsbu=th nq/n> I/We, the guarantor/s, concur in the foregoing confirmation and acknowledge and delcare that the letter of guarantee signed by me/us and above noted is in full force and effect and that I/We am/are liable to you in accordance with the terms thereof. 2. b/nb Y;=Ttht vwr fUh;t nq/fUh;e nq/fUh;uni rfUJn yrCJef]Ur; vrhmebl yr"rl gb, 1963 fUe "tht 18 fuUyk;do; buhe/nbthe =ug;t fuUv brl vtr=; fUe dRon> I/We hereby confirm that this acknowledgement is executed as an acknowledgement of my/our liability for the purposes of section 18 of the Limitation Act, 1963. ................................................................. (xtv)/ (Stamp) r=l tkfU/ Date ............................... l tux &gufUW"thfU;toytih dthkxefU;tofUtuWra; bqg JdofuUytd-ytd htsJ xtvtvh n;tGh fUhl uatrngu> Note : Each Borrower and guarantor must sign across a revenue stamp of appropriate denomination. tuF staudY/ Document Checked .......................................................... r=l tkfU/ Date ...................................... rxvKe&rfUme VUfoUgt rJJt= fUtur:r; bykd{use vtX yr"btrK; mbSt stYdt ytih ykd{use vtX yrCCtJe ntudt> Note : In the event of any discrepancy or dispute the English version will prevail. 326 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (To be used when Borrowers are a Company or Firm) A-21 To UCO BANK ................................................................................ Gentlemen, In consideration of your agreeing to open and/or continue, at my/our request, an account or accounts i n your books and/or openi ng a l etter(s) of credi t i n the Name of ..................................................................................................................................................... hereinafter called (the Customers) either in one or more of your branches in Bombay or the Head Office and branches in Calcutta or any other branches in any part of India or outside India, I/we ........................................................................................................................ ............................................................ of .......................................................................................... hereby agree and undertake to save you harmless and keep you indemnified from and against all claims, demands, losses, damages, costs, charges and expenses whatsoever you may sustain or incur in respect of all moneys already advanced and paid to such Customers and in respect of any liability incurred by you for such customers or in respect of any moneys you may at any time advance or pay to or any liability you may incur for the use or accommodation or on the credit of the Customers whether on current overdraft, cash credit or any other account or by way of opening or continuing any new account special or otherwise by opening letters of credit from time to time and negotiating bills thereunder or by way of discount or otherwise in respect of bills of exchange, promissory notes or other negotiable securities drawn, accepted or endorsed, by such customers or otherwise howsoever together with all interest, discount, commission and other banking charges legal and other costs, charges and expenses which may be or may become payable in connection therewith PROVIDED NEVERTHELESS that my/our liability, under these presents shall not exceed in the aggregate the sum of Rupees .......................................................................................... and interest thereon at the rate of .............................. per cent per annum, from the date on which demand for payment thereof shall have been made by you upon me/us. AND I/WE FURTHER, AGREE as follows : My/Our liability under these presents shall remain in full force until three calendar months after I/we shall have given or sent to you notice in writing of my/our intention to discontinue and determine these presents and shall have paid to you all moneys up to the limit of my/ our liability due at the expiration of such notice and in the event of my/all or any of us dying 327 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 or being under any legal disability the liability of the survivors or survivor of us and of the estate(s) and executors, administrators or legal, representives of the deceased guarantor shall, continue until the expiration of three calendar months notice in writing given to you by such survivors or survivor and the executors, administrators or legal representatives of such deceased guarantor to determine these presents and you shall be at liberty on receipt of such notice at any time within the said period of three calendar months to open a fresh account or accounts for the customers and to appropriate thereto all payments subsequently made to you by such customers and not expressly appropriated by such customers to the old account without in any way affecting my/our liability under these presents to the extent aforesaid. We hereby consent to your making any variance that you may think fit in the terms of your contract with the principal debtor to your determining, enlarging or varying any credit to him, to your making any composition with him or promising to give him time or not to sue him and to your parting with any security you may hold for the guaranteed debt. We also agree that we shall not be discharged from our liability by your releasing the principal debtor or by any act or omission of yours the legal consequence of which may be to discharge the principal debtor or by any act of yours which would, but for this present provision, be inconsistent with our rights as sureties or by your omission to do any act which, but for this present provision your duty to us would have required you to do. Though as between the principal debtor and ourselves we are sureties only, we agree that as between yourselves and us we are principal debtors jointly with him, and accordingly we shall not be entitled to any of the rights conferred on sureties by sections 133, 134, 135, 139 and 141 of the Contract Act. If any member or the Customers firm is adjudicated insolvent or if the firm is dissolved or if the customers company is, taken into liquidation whether voluntary or otherwise or if the customers firm or company enters into any arrangement or makes any composition with the creditors thereof you may (notwithstanding payment to you by me/us or any other person of the whole or any part of the amount of my/our liability under these present(s) rank as creditors and prove against the assets of such firm or company for the full amount of your claim or agree to and accept any composition in respect of the same and you may and shall receive and retain the whole of the dividends composition or other, payments thereon to the exclusion of all my/our rights under these presents against such customers in competition with you until your claim is fully satisfied and I/we shall not by paying off the amount due by me/us to you under these presents or any part thereof or upon any other ground prove or claim to prove in respect thereof or any part thereof until the whole of your claim against the customers has been satisfied. 328 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 To the intent that you may obtain satisfaction of the whole of your claim against the cmstomers I/we agree that you may enforce the payment of and recover the full amount due by me/us under these presents notwithstanding any such proof or composition as aforesaid and notwithstanding any other indemnity security or remedy which you hold or be entitled to in respect of the sum due to you by such customers and notwithstanding any charges for interest which may be debited in your accounts with the customers or in any other accounts upon which such customers may be liable. Notwithstanding anything hereinbefore contained my/our liability under these presents shall extend to all accounts of the customers whether the same are the account or accounts of such customers solely or are accounts on which such customers may become liable jointly in any manner whatsoever with any company or firm or person or persons and in whatever name the same may stand and the same shall not be affected by/any change in the constitution or name of the customers firm or company or any change in the constitution of the Bank its successors or assigns or by its absorption in or by its amalgamation with any other Bank or Banks. You shall also be at liberty to release or discharge any of us from the obligations of this guarantee, or to accept any composition from or make any other arrangements with any of us without thereby prejudicing or affecting your rights and remedies against the other or others or us. Our liability under these presents shall be joint and several. As WITNESS my/our hand(s) this ............................................... day of .............................. one thousand nine hundred and ............................................................ Yours faithfully, This clause will be deleted when there is only one guarantor. 329 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-21A (To be used in case of individual Borrower) To UCO BANK ....................................................... In consideration of UCO Bank (Hereinafter called the Bank agreeing to open and/or continue, at my/our request an account or accounts in the books of the Bank and/or opening/ continuing a letter(s) of credit and/or issuing/having issued guarantees in the name and/or on behalf of ....................................................................................................................................... ................................................................................................................................................................ ............................................................ (hereinafter called the Customer) or otherwise giving credit or affording banking facilities for so long as the Bank may think fit, to the Customers I/We ...................................................................................................................................................... ................................................................................................................................................................ of ...................................................................................................................................................... hereby agree and undertake on demand to pay and discharge all present and future indebtedness and liabilities of the Customers to the Bank and to save the Bank harmless and keep the Bank indemnified from and against all claims, demands, Losses, damages, costs, charges and expenses whatsoever which the Bank may sustain or incur in respect of all moneys already advanced and paid to such Customers and in respect of any liability incurred by the Bank for such Customers or in respect of any moneys the Bank may at any time advance or pay to or any liability the Bank may incur for such Customers whether on current, overdraft, cash credit, demand loan, term loan or any other accounts or by way of opening or continuing any new account special or otherwise, or by opening letters of credit from time to time and negotiating bills thereunder or by way or discount or otherwise in respect of bills of exchange, promissory notes or other negotiable securities drawn, accepted or endorsed by such Customers or under the Guarantee(s) issued by the Bank on behalf of the Customers or otherwise howsoever together with all interest, discount, commission and other banking charges, legal and other costs, charges and expenses which may be or may become payable in connection therewith PROVIDED NEVERTHELESS that my/our liability and the liability of each of us under these presents shall not exceed in the aggregate the sum of Rupees ............................................................................................................................................ and interest thereon at the rate of .............................. per cent per annum or at such rate or rates of interest which may be notified from time to time by the Bank to me/us from the 330 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 date on which demand for payment thereof shall have been made by the Bank upon me/us. AND I/WE FURTHER AGREE as follows : (1) My/Our liability under these presents is a continuing one for all sums whatsoever which may at any time be or become payable by the Customers to the Bank on any account whatsoever with interest and all costs and charges and expenses and shall remain in full force until three calendar months after I/we shall have given or sent to the Bank notice in writing of my/our intention to discontinue and determine these presents and shall have paid to the Bank all moneys upto the limit of my/our liability due at the expiration of such notice and in the event of my/all or any of us dying or being under any legal disability the liability of the surivivors or survivor of us and of the estate(s) and executors, administrators or legal representatives of the deceased guarantor shall continue untill the expiry of three calendar months notice in writing given to the Bank by such survivors or survivor and the executors, adminsitrators or legal representatives of such deceased guarantor to determine these presents and payment of all moneys due to the Bank and the Bank shall be at liberty on receipt of such notice at any time within the said period of three calendar months to open a fresh account or accounts for the Customer and to appropriate thereto all payments subsequently made to the Bank by such Customers and not expressly appropriated by such Customers to the old account without in any way, affecting my/our liability under these presents to the extent aforesaid. (2) I/We hereby consent to the Bank making any variance that the Bank may think fit in the terms of the account of the with the Bank and to Banks determining, enlarging or varying any credit to the Customers and to the Bank making any compositions with him or promising to give him time or not to sue him and to the Bank parting with any security it may hold for the guaranteed debt. (3) I/We agree that the Bank will have full discretionary powers without any further consent from me/us and without in any way affecting my/our liability under the guarantee to renew or vary the terms of the overdraft or cash credit account or demand loan or term loan accounts or other accounts or to renew the facility and obtain fresh documents in renewal of the documents now taken or to be taken or part with any security or securities received or to be received from the Customers and that I/We shall not be discharged from my/our liability by any such act on the part of the Bank or by the Bank obtaining renewal of documents or fresh documents from the Customers or by extension of the period of validity of such documents. (4) I/we also agree that I/we shall not be discharged from my/our liability by the Bank 331 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 releasing the principal debtor or by any act or omission of the Bank the legal consequence of which may be to discharge the principal debtor or by any act of the Bank which would, but for this present provision be inconsistent with my/our rights as sureties or by the Banks omission to do any act which but for this present provision the Banks duty to me/us would have required to do. Though as between the Customers and myself/ourselves. I/we am/are surety/sureties only, I/we agree that as between the Bank and me/us, I/we am/are principal debtor/s, jointly with the Customers and accordingly I/we shall not be entitled to any of the rights conferred on sureties by Sections 133, 134, 135, 139 and 141 of the Indian Contract Act and hereby waive the same. (5) If the Customer shall die or be adjudicated insolvent or enters into any arrangement or makes any composition with his creditors the Bank may (notwithstanding payment to the Bank by me/us or any other person of any part of the amount of my/our liability under these presents) rank as creditors and prove against the assets of the customer for the full amount of the Banks claim or agree to and accept any composition in respect of the same and the Bank may and shall receive and retain the whole of the dividends composition or other payments thereon to the exclusion of all my/our rights under these presents against such customer in competition with the Bank until the claim of the Bank is fully satisfied and I/we shall not by paying off the amount due by me/us to the Bank under these presents or any part thereof or upon any other ground prove or claim to prove in respect thereof or any part thereof until the whole of the Banks claim against the customer has been satisfied. To the intent that the Bank may obtain satisfaction of the whole of its claim against the Customer I/we agree that the Bank may enforce the payment of and recover the full amount due by me/us under these presents notwithstanding any such proof or compostion as aforsaid and notwithstanding any other indemnity security or remedy which the Bank may hold or be entitled to in respect of the sum due to the Bank by such Customer. (6) If, I/we now or shall hereafter take any security from the customer in respect of my/our liability under this guarantee, I/we will not prove in the bankruptcy or insolvency of the Customers in respect thereof to the prejudice of the Bank and such secruity shall stand as security for the Bank and shall forthwith be deposited with and transfer to the Bank. (7) I/we have fully satisfied myself/ourselves about the transaction which the Customer have entered into/agreed to enter into with the Bank before signing these presents. (8) Notwithstanding anything hereinbefore contained my/our liability under these presents shall extend to all accounts of the customer whether the same are the account or accounts of such customer solely or the account or accounts of a concern of which the 332 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 customer is the sole proprietor or are the accounts or accounts on which such customer may become liable jointly in any manner whatsoever with any company or firm or persons and whether such account or accounts stands or stand either in the name of the customer himself or in the name of any concern of which he is the sole proprietor or in any other name and the same shall not be effected by any charge in the name of such account or accounts or any change in the constitution of the Bank, its successors or assigns or by its absorption in or by its amalgamation with any other Bank or Bank. (9) I/We agree that a statement of account signed by an officer of the Bank showing the amount due by the customers as appearing in the books of account of the Bank will be sufficient proof of the liability of the Customers and the same will be binding on me/us and I/we promise and agree to pay on demand being made upon me/us by the Bank the amount due at the foot of the said statement of account with interest mentioned above. (10) Any admission or acknowledgement in writing by the Customer of the amount of indebtedness of the Customer to the Bank shall be binding and conclusive on and against me/us, my/our heirs, executors, administrators and legal representatives in all courts of law or otherwise and the Customer shall be my/our agent for giving such acknowledgements from time to time on behalf of myself/ourselves and my/our heirs, executors, adminsitrators and legal representatives. (11) The Bank shall also be at liberty to release or discharge any of us from the obligations of this guarantee or to accept any composition from or make any other arrangements with any of us without thereby prejudicing or affecting the Banks rights and remedies against the other or others of us. I/We waive in the Banks favour all or any of my/our rights against the Bank or the provisions of this guarantee. (12) The guarantee given by me/us hereunder is in addition and without prejudice to any other guarantee or securities which the Bank may now or hereafter have from me/us or any of us or from the Customers or from any one else in respect of any indebtedness or liabilities hereby guaranteed. (13) I/We further agree that in respect of my/our liability hereunder the Bank shall have a lien on all securities belonging to me/us now or hereafter held by the Bank and all moneys now or hereafter standing to my/our credit with the Bank on any current or any other account whatsoever. (14) A demand in writing shall be deemed to have been duly given to me/us or my/ our heirs or assigns by leaving the same at my/our last known address recorded with the 333 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Bank and shall be effectual notwithstanding any change of address or notwithstanding notice thereof to the Bank and such demand if sent by post shall be deemed to be received by me/us or my/our heir or assings 24 hours after posting thereof and shall be sufficient if signed by any officer of the Bank and in proving such service it shall be sufficient to prove that the letter containg the demand was properly addressed and put into the post. (15) This guarantee shall ensure for the benefit of the successors and assigns of the Bank. Signature(s) of the Guarantor(s) Date ............................... .............................................................. Place ............................... .............................................................. .............................................................. 334 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y/A-27 gq fUtucf UCO BANK WvCtu;t }UK CONSUMER LOAN gn fUhth yts ............................................................ fuU.................................................... r=l fUtu........................................................................... stu........................................................ fUt/fUevwt/vwte/vl eni ytih........................................................................................................... b rl JtmfUh;t ni/fUh;eni ;:t ttC fuUrtY.......................................................................................... bfUtgofUh;t ni/fUh;e ni (rsmuRmbRmfuUvat;TIIW"thfU;toOOfUnt dgt ni ytih sc ;fUmk=Cotht yvJrso; gt WmfuUrJh l ntu;c ;fURmv= bWmfuUWthtr"fUthe, rl vt=fU, NtmfU, r;rl r" YJkmbl w=urN;eNtrbt mbSustYkdu) ytih.......................................................................................... stu........................................................................................................................ fUt/fUe vwt/vwte/ vl e ni YJk........................................................................... brl JtmfUh;t ni/fUh;e ni ;:t ttC fuUrtY......................................................................................................... bfUtgofUh;t ni/fUh;e ni (rsmuRmbRmfuUvat;TIIdthkxefU;toOOfUnt dgt ni ytih sc ;fUmk=Cotht yvJrso; gt WmfuU rJh l ntu;c ;fURmv= bWmfuUWthtr"fUthe, rl tvt=fU, NtmfU, r;rl r" YJkmbl w=urN;e Ntrbt mbSustYkdu) ytih gqfUtucfU, stucfUfUthe rJr" (mkNtu"l ) yr"rl gb, 1985 tht g:tmkNtur"; cfUfUthe fkUvl e (Wvf{btfUt ysol ytih yk;hK) yr"rl gb, 1970 fuUy"el drX; YfUrl drb; rl fUtg ni ;:t rsmfUt "tl fUtgtotg, 10, rJj ce tittug bnthts mhKe, fUtutfUt;t-700 001 bYJkrsmfUe YfUNtFt, yg :tl tfuUyttJt,.......................................................................................... b Ce ni (rsmuRmbRmfuUvat;TIIcfUOOfUnt dgt ni ytih sc ;fUmk=Cotht yvJrso; gt WmfuU rJh l ntu;c ;fURmv= bWmfuUWthtr"fUthe YJkmbl w=urN;e Ntrbt mbSustYkdu) fuUcea rfUgt st;t ni> THIS AGREEMENT is made this ....................................... day of ......................................... BETWEEN ........................................................................................................., son/daughter/wife of .........................................................................., residing at .......................................................... ................................................................................................................... and working for gain at ......................................................................................................................................... (hereinafter called the Borrower which expression shall unless excluded by or repugnant to the context be deemed to include his heirs, executors, administrators, representatives and assigns) and ..................................................................................................................... son/daughter/wife of ........................................................................................................................., residing 335 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 at ................................................................................................................................... and working for gain at ........................................................................................................................... ......................................................... (hereinafter called the Guarantor which expression shall unless excluded by or repugnant to the context be deemed to include his heirs, executors, administrators, representatives and assigns) and UCO Bank, a body corporate constituted under the Banking Companies (Acquisition & Transfer of undertakings) Act, 1970 as amended by the Banking Laws (Amendment) Act, 1985 and having its Head Office at No. 10, Biplabi Trailokya Maharaj Sarani, Kolkata - 700 001 and a branch, interalia, at .................................. ........................................................................................... (hereinafter called the Bank which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns). aqrfU/ WHEREAS : (1) W"thfU;tol uYumbtt Fhe=l unu;wrsmfUt vqht rJJhK RmfuUl eaurtFe dRoyl wmqae br=gt dgt ni/rsmuRmbRmfuUvat;TIIW; bttOOfUnt dgt ni), cfUfUe WvCtu;t }UK gtusl t fuU y"el ............................................................h. fuU}UK fuUrtY cfUfuUvtmytJu=l rfUgt ni> The Borrower applied to the Bank for a loan of Rs. .................................................... under the Consumer Loan Scheme of the Bank for purchase of goods, full particulars where-of are given in a schedule hereunder written (hereinafter referred to as the paid goods). (2) cfUl uW"thfU;toYJkdthkxefU;tofuUyl whtu" vh W"thfU;tofUtu.............................................h. fUe htrN, WmfUe awfUti;e rl l rtrF; her; mur;Cqr; hnl uvh ytih rl l rtrF; rl ck"l , N;tuYJk mk rJ=t fu Ur; W"thfU;toYJkdthk xefU;tofu Umnb; ntu l uvh............................................................ fUtuW"th YJkyrd{b fuUv br=gt ni& The Bank has at the request of the Borrower and the Guarantor lent and advanced to the Borro\ver on .............................................................. a sum of Rs. ................................. on having the repayment thereof secured in the manner following and. the borrower and the Guarantor agreeing to !he following terms, conditions and convenants : yc RmfuUtht RmfuUvGfUthtfuUcea gn fUhth rfUgt st;t ni ytih Wl fuUtht gn DturM; rfUgt st;t ni& NOW IT IS HEREBY AGREED AND DECLARED by and between the parties hereto as follows : 1. W; fUhth fu Uyl w mhK byti h c fUtht W"ttfU;tofUtu............................................................ .............................................h. fUeW; htrN W"th YJkyrd{b fuUv br=Y stl ufuUr;VUtJv 336 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 W"thfU;toRmfuUtht yvl uW; btt fUtu, rsmfUt vqht rJJhK RmfuUl eaurtFe dRoyl wmqae br=gt dgt ni,.........................................................................................................h. fuUbqt"l ytih Wm vh RmbRmfuUvat;TrJrl r=o =h vh gts YJkW; r;Cqr; fuUmkhGK ytih/gt g"tvqJtuo; cfUfUtu =ug W; "l fUe Jmqte bcfUtht Wvd; fUe st mfUl uJtte ttd;, Cth YJkFaofUe mgfTU aqfUti;e fuUrtY "b Cth ytih at; r;Cqr; fuUv bcfUfuUvt b=]rck"fUhF;t ni> In pursuance of the said agreement and in consideration of the said sum of Rs. .................................................................. lent and advanced as aforesaid by the Bank to the Borrower, the Borrower doth hereby hypothycate in favour of the Bank his said goods fully described in the schedule hereunder written by way of first charge and continuing security for due repayment of the principal sum of Rs. .................................................................. and interest thereon at the rate hereinafter specified and costs, charges and expenses that may be incurred by the Bank for the protection of the said security and/or in the realisation of said moneys payable to the Bank as aforesaid. 2. W"thfU;to Rmb RmfuU vat;T g:tWrrF; gts, gts fUh YJk muJt Cth mrn; ........................................................................... h. fUe W; htrN fUt Cwd;tl cfU fUtu........................................................................... h. fUe............................................................ mbtl btrmfU rfU;htfU fUhudt, Yume :b rfU; fUt Cwd;tl .............................................. fuU .............................. r=l fUtugt WmfuUvqJorfUgt stYdt ytih gufUytl wf{rbfUrfU; fUt Cwd;tl gufUytl wf{rbfUfiUtzh btn fu............................................. r=l fUtugt WmfuUvqJorfUgt stYdt> W"thfU;to............................................. h. fUe W; htrN vh Cth;eg rhsJo cfU fUe =h mu............................................................yr"fUvhk;wgql ;b..............................%r;JMofUe =h mu=irl fUNuMvh tibtrmfUyk;htt vh gts YJk..............................%r;JMofUe =h mutibtrmfU yk;htt vh gts fUh ;:t ..............................%r;JMomuJt Cth fUt Cwd;tl cfUfUtufUhudt> gts fUtusc YfUt rfUgt st;t ni ytih bqt"l fuUmt: stu\zt st;t ni ;tuYumugts fuUCwd;tl fUe yvuGt mkck"e cfUfuUyr"fUth vh r;fqUt Cth ztturcl t Jn bqt"l fUt ykN btl t stYdt> vhk;wrVUh Ce cfUgts fUe Wvgwo; =h bmkNtu"l gt J]r gt ;tuyvl uYfUbtt rJJufUtr"fUth muW=thfU;tofUtumqal t =ufUh gt mbg-mbg vh Cth;eg rhsJocfUtht sthe btdo=Neo rmtk;tfuUyl wmth fUh mfU;t ni ytih W"thfU;toRmfuUtht gts-=h bYumumkNtu"l YJkJ]r fuUr; mnb; ni ;:t RmfUhth mugn y:otdtgt stYdt btl tuYumumkNtur"; gt Jr"o; gts-=h fUt WuF RmbrfUgt dgt :t YJkW"thfU;toWmfUt Cwd;tl fUhl ufuUrtY mnb; :t ytih Jn RmfuUtht r;Cq; ni> The Borrower shall pay to the Bank the said sum of Rs. ..................................... along with interest, interest tax and service charge as hereinafter mentioned by........................ equal monthly instalments of Rs. ...................................... each; the first of such instalment 337 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 shall be paid on or before ................................. day of .......................................... and each successive instalment shall be on or before the............................................ day of every successive calendar month. The Borrower shall also pay to the Bank interest on the said sum of Rs. .................................... at the rate of .................. % over the Reserve Bank of India rate with a minimum .............. % per annum with quarterly rests on daily balances alongwith interest tax at the rate of .......................... % per annum with quarterly rests and a service charge of .................. % per annum Interest when compounded and added to principal sum shall form part of the principal but without prejudice to the right of the Bank to require payment of such interest. Provided however that the above rate of interest may be revised or increased by the Bank either in its sole discretion of which notice shall be given to the Borrower or in accordance with the directives of Reserve Bank of India, issued from time to time and the borrower hereby agrees to such revision and increase in the rate of interest and this Agreement shall be construed as if such revised or increased rate of interest were mentioned herein and agreed to be paid by the Borrower and are hereby secured. 2(Y) gr=bqt"l gt WvhturrF; gts fUe rfUme rfU; fuUCwd;tl bfUtuRogr;f{b ntu;tucfU Yumugr;f{b fUe htrN vh gr;f{b fUe ;theF muCwd;tl gt Jmqte fUe ;theF ;fUCth;eg rhsJocfU fUe =h mu..............................%yr"fUvhk;wgql ;b .............................. %fUe =h vh gt yg Yume =htvh gts Ctrh; fUhl ufUt nfU=th ntudt stumbg-mbg vh W"thfU;tofUtumqra; fUe stY> 2.(a) In case there is any default in payment of any of the instalments either of the principal or interest mentioned above, the Bank shall be entitled to charge interest at the rate of .................. % over the Reserve Bank rate subject to a minimum of ........................... % per annum or at such other rates as may be notified to the Borrower from time to time on the amount of such default from the date of default till payment or realisation. 3. W"thfU;toRmr;Cqr; fuUsthe hnl ufuU=tihtl W; btt fUtuyk;rh; l n fUhudt gt Wmu yvl ufUs muytd l n fUhudt gt W; btt vh fUtuRoCth, ck"fU, "thKtr"fUth gt rJkdb m]rs; l n fUhudt ytih Yumt fUtuRofUtgol n fUhudt stuW; btt vh cfUfuUvG bRmfuUtht m]rs; r;Cqr; vh r;fqUt CtJ zttu> The Borrower shall not during the continuance of this security transfer or part with possession of the said goods or create any charge, mortgage, lien or encumbrance on the said goods nor do anything which would prejudice the security hereby created on the said goods in favour of the Bank. 4. gr= W"thfU;tog:tWvhturrF; mbg fuUCe;h cfUfUtuRmbRmfuUQvh fuUFkz 2 b 338 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 WrrF; rfUme rfU; ytih/gt gts fUt Cwd;tl fUhl ubaqfUgt WvuGt fUh;t ni gt gr= W"thfU;to r=Jtrtgt gtgrl Keo; ntu;t ni gt W"thfU;tofUe rfUme mkvrt fuUrJh fUtuRorl vt=l sthe gt W=Td]ne; rfUgt st;t ni gt W"thfU;tomuNtug YJk=ug vqhe htrN RmbRmfuUvqJoyk;rJo rfUme ct; fuUntu;u nwY Ce cfUfuUrJfUv vh ;fUtt Ntug YJk=ug ntustYde ytih cfUfuUrtY gn rJr"vqKontudt rfU Jn gt ;tu;fUtt gt WmfuUct=rfUme mbg W; btt fUtuyvl ufUsubtytih/gt W"thfU;tofUtu fUtuRol turxmr=Y rcl t, atnuttufUl ettbe gt tRJux mkrJ=t tht W; btt fUe rJf{e fUhugt yg:t WmfUt rl fUxtl fUhu;:t Yume rcf{e fuUNw ytdb fUt Wvgtusl t ;mbg cfUfUtuNtug YJk=ug "l fuUvrhmbtvl bgt WmfuUr; fUhu> If the Borrower shall fail or neglect to pay to the Bank anyone of the instalment and/or interests mentioned in clause 2 hereinabove within the time mentioned as above or if the Borrower be adjudged insolvent or if any execution is issued or levied against any property belonging to the Borrower or if any order is passed for the appointment of a receiver of any property of the Borrower then and in any of such cases the whole amount then due and payable from the Borrower under this agreement shall at once at the option of the Bank become due and payable notwithstanding anything hereinbefore contained and it shall be lawful for the Bank forthwith or at any time thereafter to take possession of the said goods and/or to sell or otherwise dispose of the said goods, without giving any notice to the Borrower, either by public auction or by private treaty and to apply the net proceeds of such sale in or towards the liquidation of the moneys for the time being due and payable to the Bank. 4(Y) gn rfUcfUtht W"thfU;toytfUtu=e stl uJtte }UK/yrd{btfUe vqJoN;ofuUv b W"thfU;toRmfuUtht Rmct; vh mnbr; g; fUh;un rfUW"thfU;to}UK/yrd{btfUe y=tgde b y:Jt Wl vh gts y:Jt =ug ;theF fUturfUme mb; rfU; fUe y=tgde baqfUfUh;tucfU ytih/y:Jt Cth;eg rhsJocfUfUturcl t N;ogn yr"fUth ntudt rfUJuWl fuUy:Jt Wl fUe fkUvl e/VUbo/ gq rl x ytih Wmfu Url =u NfUt /Ctde=tht /Jtrbgtfu Ul tb cfUy:Jt Cth;eg rhsJocfUyvl uvq KorJJu fUtr"fUth musimt XefUmbSufUx gt fUtrN; fUh mfU;uni> 4.(a) That the Borrowers hereby agree as a pre-condition of the loan/advances given to them by the Bank that in case the Borrower commit default in the repayment of the loan/ advances or in the repayment of interest thereon or any of the agreed instalment of the loan on due date/s, the Bank and/or the Reserve Bank of India will have an unqualified right to disclose or publish their names or the name of their company/firm/unit and its directors/ partners/proprietors as defaulter in such manner and through such medium as the Bank or Reserve Bank of India in their absolute discretion may think fit. 5. g:tvqJtuo; v bl ettbe tht W; btt fUe rcf{e ntul ufUe =Nt bcfURmct; fuU rtY J;kt ntudt rfUJn W; btt fuUrtY ctute tdtY ytih WmfUe Fhe= fUhu;:t f{g "l fUt bwsht RmfUhth fuUy"el W"thfU;totht cfUfUtuNtug YJk=ug htrN fuUr; fUhu> 339 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 In the event of the said goods being sold by auction as aforesaid the Bank shall be at liberty to bid for and purchase the said goods at such sale and set off the purchase money against the amount due and payable by the Borrower to the Bank under this agreement. 6. cfUgt WmfuUck"fUgt mntgfUck"fUgt cfUtht rl gturs; yg yr"fUtrhgttht n;tGrh; W; rcf{e gt gr;; rcf{e fuUcfUfuUtuFufUtuW"thfU;toYume rcf{e muJmqt fUe dRo htrN YJkYume rcf{e mumkckr"; FaofuUvgtot mbq; fuUv bJefUth fUhudt>cfUYume rcf{e vh Yumt btt fuUbqg bntul uJtte fUbe gt rfUme ntrl gt yg:t fuUrtY =tge l n ntudt> The Borrower shall accept the Banks accounts of the said sale or attempted sale signed by the Bank or its Manager or Asst. Manager or other officers employed by the Bank as sufficient proof of the amount realised by such sale and expenses in connection with such sale. The Bank shall not be liable for diminution in price of the said goods at such sale or for any loss or otherwise. 7. gr=Yume rcf{e muJmqt fUe dRofUtuRohtrN Wmmbg cfUfUtuNtug YJk=ug mCe "l fuUvqKoCqd;tl fuUrtY yvgto; ntu;tuW"thfU;tobtkd rfY stl uvh ;fUtt cfUfUtu=ug NuMhtrN fUt Cwd;tl fUhudt, vhk;wrVUh Ce Rmbyk;rJo rfUme Ce ct; mugn l n mbSt stYdt rfUJn =]rck"fUhFe dRomkvrt fUe rcf{e gt rl bwor; l n ntul uvh Ce W"thfU;tomu;mbg cfUfUtu=ug NuM YJkg:tvqJtu; ttd;, Cth YJkFaofUtuW"thfU;tomuJmqt fUhl ufuUcfUfuUyr"fUthtfUtul fUth;e ni, rJNurM; fUh;e ni gt yg:t Wl vh r;fqUt Cth ztt;e ni gt WnCtrJ; fUh;e ni> If any sum realised by such sale be insufficient for the payment in full all the moneys then due and payable to the Bank, the Borrower shall immediately on demand pay the balance then due to the Bank provided, however, that nothing herein contained shall be deemed to negative, qualify or otherwise prejudice or affect the rights of the Bank to recover from the Borrower the balance for the time being due from the Borrower to the Bank and costs, charges and expenses as aforesaid notwithstanding that the hypothecated property may not have been sold or released. 7(Y) cfUfUtu=ug ;:t cfUtht tt fUtuRoCe htrN Yumuyl wf{b byl gw; ntudt simurfU cfUmbg-mbg vh yvl umvqKorJJufUmuyr;b v murl "torh; fUhu(RmfuUyr;rh;, cfUsimu mbg-mbg vh rl "torh; fUhu, Rmu;c ;fU;:t rsmv batnuWak; Ft;ubsbt hF mfU;t ni) Wvgwo; fuUvqJtod{n fuUrcl t, tt fUe dRohtrN fUt rJrl gtud rl l rtrF; v bntudt> i) :b;&rl Keo; nstol t YJkydtt gts (yCtrh; gts mbu;) fuUr; ii) r;eg;&Ctrh; gts fuUr; 340 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 iii) ;];eg;&ttd;, Cth ;:t cfUtht WXtY dY FatufuUr;, ;:t iv) ytrFh b, bqt =ug htrN fuUr; 7.(a) Any money due and payable to the Bank and received by the Bank shall be applied in such order as the Bank in its absolute discretion may from time to time conclusively determine (save that the Bank may credit the same to a suspense account for so long and in such manner as the bank may from time to time determine). Without prejudice to the above, the monies received shall be appropriated in the following manner : i) Firstly, towards liquidated damages and further interest (including uncharged interest); ii) Secondly, towards interest charged; iii) Thirdly, towards costs, charges and expenses incurred by the Bank; and iv) Lastly, towards the principal amount due. 7(ce) sc ;fUrfUcfUfUtufwUt htrN fUt Cwd;tl l n rfUgt st;t ni atnuJn Cq;, J;obtl gt CrJg fUt ntu, Jt;rJfUgt ytfUrbfUntu, stuW"thfU;totht =ug ntugt rsmfuUrtY W"thfU;to gntkRmfuUy"el gt yg:t =tge ntumfU;t ntuy:Jt ntuawfUt ntu;:t atnuJn "tl v bntu gt r;CqfuUv b, W"thfU;togn mnbr; =u;t ni rfUcfUfUe mCe r;Cqr;gtkytih/gt bwtYkstufwUA Ce ntsturfUme mbg cfUtht W"thfU;tofUe ytuh mugt WmfuUFt;ubrfUme v b, rfUme fUth mugt rfUme Ce W=T=ug mu"trh; fUe stYde Jn cfUfuU"thKtr"fUth bntde ;:t/gt cfUfUtuWmfuU }UK Ft;ubmbksl fUhl ufUt vqKoyr"fUth ntu>cfUfUtuW; r;Cqr; YJk/gt bwt bmuW"thfU;to fuU=trgJ gt =ug;t fUtuWbtura; fUhl ufUe ;:t begt=e sbtytfuUbtbtubatnuJn Cwd;tl fuUrtY vrhvJ nwyt ntuy:Jt l n, YJkW"thfU;tofUtumqra; rfY rcl t (;:t Jt= =tgh fUhl ugt rJr"fU rf{gt thkC fUhl ufuUvqJogt vat;T) rsmv batnurJrl gtusl y:Jt Jmqte fUe J;kt;t ntude> m=TCtJvqJofUytfUrtl htrN, stu=trgJ fUe htrN ntude, WmucfUmbkrs; fUh mfU;t ni> 7.(b) Until payment is made to the Bank of all the amounts, whether past, present or future, actual or contingent, which may be payable by the borrower or for which the Borrower may be or become liable hereunder or otherwise and whether as principal or surety the borrower agrees that the Bank shall have a lien and/or right of set off on all securities and/ or monies whatsoever held at any time by the Bank on account of or to the credit of the Borrower in or for any account or manner or purpose howsoever. The Bank shall be at liberty to discharge the said obligations / or liabilities of the borrower out of the said securities and/ or monies, and in case of term deposits, whether the same have matured for payment or not, and may appropriate or realise them in the manner thought fit by it and without notice 341 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 to the Borrower (and whether before or after filing suit or taking any legal proceedings). The Bank may set off an amount estimated by it in good faith to be the amount of that obligation. 7.(F)W"thfU;tofUtur=Y stl uJttu}UK/yrd{b/yg dih-rl r" yt"trh; }UK mwrJ"tytfuUrtY YfU vqJoN;ofuUv bcfUfUtuW"thfU;tomuRmct; fUe mnbr; tt fUhl t she ni rfUJn W"thfU;to tht tt fUe dRo/ tt fUe stl uJtte }UK mwrJ"tytmumkckr"; mqal t ytih ytkfU\zu<W"thfU;totht "trh;/"trh; fUe stl uJtte ;mck"e =ug;tytytih WmfuUvttl bW"thfU;totht fUe dRoaqfU(gr= fUtuRontu) fUtufUx fUh mfU;t ni> (ii) ;=l wmth W"thfU;toY;=Ttht Jef]Ur; ytih mnbr; =u;t ni rfUcfUgr= Wra; ytih ytJgfUmbSu;tu}UK mqal t gqhtu(Cth;) rt. ytih RmfuUrtY Cth;eg rhsJocfU tht tr"f]Ur; rfUme yg Ysme fUturl l rtrF; mCe gt RmfUth fUe fUtuRoCe stl fUthe =umfU;t ni& fU) W"thfU;tofuUcthubmqal t ytih ytkfU\zu< F) W"thfU;totht tt fUe dRo/tt fUe stl uJtte }UK mwrJ"tytmumkckr"; mqal t gt ytkfU\zu, ytih d) Wl =trgJtfuUvttl fUW"thfU;totht fUe stl uJtte aqfU, gr= fUtuRontu> (iii) W"thfU;togn DtuMKt fUh;t ni rfUWmfuUtht cfUfUtu=e dRomqal t ytih ytkfU\zu mg ytih mne ni> (iv) W"thfU;togn Jal =u;t ni rf & fU) }UK mqal t gqhtu(Cth;) rt. ytih Rm;hn mutr"f]U; fUtuRoYsme cfUtht fUx fUe dRoW; mqal t ytih ytkfU\zt fUt Wvgtud ;:t mkmt"l fUh mfU;t ni<;:t F) }UK mqal t gqhtu(Cth;) rt. ytih Rm;hn mutr"f]U; fUtuRoYsme mkmtr"; mqal t ytih ytkfU\zt gt yvl utht rl rbo; WmfuUWvt=tfUtuCth;eg rhsJocfU tht RmfuUrtY rl r=o cfUt/rJteg mk:tytfUturJatht:o;w; fUh mfU;t ni> 7.(c) As a pre-condition, relating to grant of the loans/advances/other non-fund based credit facilities to the borrower, bank requires borrowers consent for the disclosure by the bank of information and data relating to the credit facility availed of/to be availed, by borrower, obligations assumed/to be assumed, by borrower, in relation thereto and default; if any, committed by borrower in discharge thereof. (ii) Accordingly, borrowers hereby agree and give consent for the disclosure by the Bank of all or any such; 342 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 a) information and data relating to borrower; b) the information or data relating any credit facility availed of/to be availed, by borrower; and c) default, if any, committed by borrower in discharge of borrower such obligation, as the Bank may deem appropriate and necessary, to disclose and furnish to Credit Information Bureau (India) Ltd., and any other agency authorised in this behalf by RBI. (iii) Borrowers declare that the information and data furnished by borrower to the Bank are true and correct. (iv) Borrowers undertake that: a) the Credit Information Bureau (India) Ltd., and any other agency so authorised may use, process the said information and data disclosed by the Bank; and b) the Credit Information Bureau (India) Ltd., and any other agency so authorised may furnish fo consideration, the processed information and data or products thereof prepared by them, to banks/financial institutions and other credit guarantees, as may be specified by the Reserve Bank of India in this behalf. 8. W"thfU;toRmfuUtht DturM; fUh;t ni rfURmfuUtht =]rck"fUhFt dgt btt rfUme Ce fUth fuUmCe Cth, "thKtr"fUth YJkrJkdb mubw; ni ytih W"thfU;tofuUytgr;fUfUsubni ;:t W"thfU;tol uYumt fwUA l n rfUgt ni gt stl cqS fUh l n ntul ur=gt ni gt rVUh Yume ct; fUt vGfUth gt mkmdeol n hnt ni rsmfuUtht W"thfU;tofUturfUme fUth Wvgwo; her; muW; btt fUtu=]rck"fU hFl umuhtufUt stY> The Borrower hereby declares that the said goods hereby hypothecated is free from all charges, liens and encumbrances whatsoever and is in the absolute possession of the Borrower and the Borrower has not done (knowingly suffered to be done or has been party or privy to anything whereby the Borrower may in any way be prevented from hypothecating the said goods in the manner aforesaid. 9. W"thfU;toRmr;Cqr; fuUsthe hnl ufuU=tihtl nh mbg W; btt fUtuyAe YJkattq ntt; bhFudt ytih yvl uFaovh WmfUe bhb; fUhtYdt ;:t gr=ytJgfUntu;turfUn Yumuvwsuo gt vwstufUtuc=tudt stuxqx-VqUx dY nt> 343 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 The Borrower will at all times during the continuance of this security maintain and keep in good and working order and repair at his cost the said goods and if necessary replace any part or parts which may have been worn out. 10. RmrJtuF fuUrl ck"l tfuUyl wmth W"thfU;totht Cwd;tl bgr;f{b rf Y stl uvh gt W"thfU;totht RmrJtuF fuUrfUn rl ck"l YJkN;tufuUCkd rfY stl ufUe =Nt bgt RmbRmfuU vqJofuUFkz (4) bWrrF; rfUn Dxl t fuUDrx; ntul uvh ;:t cfUtht gn mtuaustl uvh rfU WmfUe r;Cqr; F;hubni, cfUytih WmfuUyr"fUthe YJkYsx Rmct; fuUnfU=th ntdurfUJu W"thfU;tofUtumqal t r=Y rcl t, turfUl W"thfU;tofUtusturFb YJkFaovh ytih gr= yvurG; ntu;tu W"thfU;tofuUrtY gt WmfuUl tb byxl eofuUv brfUme Yumu:tl bJuN fUhsntW; btt hFt dgt ntu;:t W; btt fUtuyvl ufUsubtytih/gt WmuW"thfU;toytih gt WmfuU=uJfUtgt YsxtmuWmuJmqt YJktt fUhu;:t cfUWvgwo; gtusl fuUrtY yvl urfUme yr"fUthe fUtuW; btt fUt rhmeJh rl gw; fUhl ufUt nfU=th ntudt ytih W; rhmeJh fUtug:tvqJtuo; W; btt yvl ufUsu btul uJkWmuttufUl ettbe gt tRJux mkrJ=t tht cual ufUe Nr; ntude> In default of payment by the Borrower in terms of these presents or in the event of the Borrower committing any breach of any of the terms and conditions of these presents or on happening of any of the events mentioned in clause (4) hereinbefore and if the Bank thinks that its security is in jeopardy, the Bank and their officers and agents shall be entitled without notice to the Borrower but at the Borrowers risks and expenses and if so required as attorney for or in the name of the Borrower to enter at any place where the said goods shall be and take possession of the said goods and/or to recover and receive the same from the Borrower and/or servants or agents and for the purpose aforesaid the Bank shall be entitled to appoint any of its officer as a Receiver of the said goods with power to the said Receiver to take possession of the said goods as said and to sell the same by public auction or by private contract. 11. W"thfU;tombg-mbg vh ytih nh mbg cfU, WmfuUYsxtYJkmuJfUtfUe rfUme Yumudihts gt CJl b, sntW; btt ;mbg ntu, JuN fUhl u;:t WmfUt yJttufUl YJkrl heGK fUhl ufUe yl wbr; =udt ytih cfUYJkWmfuUmuJfUtfUtuWvgwo; gtusl t fuUrtY g:tvurG; mCe mwrJ"tYk=udt> The Borrower shall permit the Bank, their agents and servants from time to time and at all times to enter upon any garage or building wherein the said good may for the time being be and to view and inspect the same and shall render to the Bank and their servants all facilities as may be required for the purpose aforesaid. 12. W"thfU;to=ug ntul uvh W; btt mumkckr"; mCe fUh fUt, gr=fUtuRontu, g:tmbg Cwd;tl fUhudt> 344 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 The Borrower shall punctually pay all taxes, if any, relating to the said goods as and when they shall become due. 13. cfURmbyk;rJo gt rJr" fuUyl wmth cfUtht gtu;g rfUn Nr;gtfUt gtud fUhl u fuUrtY ctg l n ntudt ytih Yume Nr;gtfUt gtud l n fUhl umuntul uJtte rfUme ntrl fuUrtY =tge l n ntudt> The Bank shall not be bound to exercise any of the powers herein contained or by law exerciseable by the Bank and shall not be liable for any loss arising from non-exercise of such powers. 14. dthkxefU;to fuU yl whtu" vh cfU tht Rmb RmfuU vqJo WrrF; rl ck"l YJk N;tu vh........................................ h. fUe W; htrN W"th YJkyrd{b fuUv bW"thfU;tofUtur=Y stl ufuUr;VUtJv dthkxefU;toRmfuUtht..................................................h. fUe W; htrN ytih Wmvh vqJtuo; =h vh mCe gts YJkmCe ttd;, Cth YJkFaoytih RmrJtuF fuUy"el =ug yg mCe "l fuUmgfTUCwd;tl fUe dthkxe =u;t ni ;:t Rmbyk;rJo mCe rl ck"l , N;tuYJkmkrJ=t fUt W"thfU;totht mgfTUmkvt=l YJkyl wvttl rf Y stl ufUe Ce dthkxe =u;t ni> In consideration of the Bank having lent and advanced the said sum of Rs. ............................................................... on terms and conditions hereinbefore mentioned to the Borrower at the request of the Guarantor, the Guarantor doth hereby guarantee the due payment of the said sum of Rs........................................................ and an interest thereon at the aforesaid rate and all costs, charges and expenses and all other moneys payable under these presents and also guarantee the due performance and observance by the Borrower of all terms, conditions and covenants herein contained. 15. dthkxefU;toRmfuUtht btkd rf Y stl uvh cfUfUtuYumumCe "l fUt Cwd;tl fUhl ufUt fUhth fUh;t ni stuRmrJtuF fuUy"el W"thfU;tomu=ug ntuytih rsl fUt Cwd;tl W"thfU;totht l n rfUgt dgt ntu> The Guarantor doth hereby agree to pay on demand to the Bank all moneys which may become payable under these presents from the Borrower and not paid by the Borrower. 16. W"thfU;tofUturl bwo fUhl ugt rfUme Ce v bmtifUgofuUv bRmbyk;rJo rl ck"l YJkN;tufUe ctc; W; W"thfU;tofUtur=Y dY rfUme mbg gt WmfuUr; ch;e dRoW=th;t mucfU fuUyr"fUthtvh fUtuRor;fqUt CtJ l n v\zudt gt dthkxefU;tofUtuWmfUe dthkxe murl bwo; l n fUhudt ytih W"thfU;tofUtug"t-vqJtuo; Yumt fUtuRombg, rhgtg; r=Y stl uvh gt WmfuUr; W=th;t ch;e stl u vh cfUfuUrtY gn ytJgfUl n ntudt rfUJn WmfUe mqal t dthkxefU;tofUtu=uYJkcfUfuUrtY 345 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 gn rJr"vqKontudt rfUJn W"thfU;tofuUrJh fUtgoJtne rfY rcl t dthkxefU;tofuUrJh fUtgoJtne fUhu ytih W; r;Cqr; YJkW; W=thfU;tofuUrJh cfUfuUyr"fUthtfUturhsJohFu> Any time granted to the said Borrower or any indulgence shown to him in respect of the terms and conditions contained therein either in the shape of releasing or accommodating the Borrower in any manner whatsoever will not prejudice the Banks rights or release the Guarantor from his guarantee and it shall not be necessary, upon the Borrower being granted any such time, concession or indulgence as aforesaid, for the Bank to give notice thereof to the Guarantor and it shall be lawful for the Bank to proceed against the Guarantor without proceeding against the Borrower and reserving the Banks rights against the said security and the said Borrower. 17. cfUfuUr; W"thfU;tofUe }UKd{;;t mumkckr"; rfUme htrN fuUcthubW"thfU;totht rtrF; v bfUtuRoJef]Ur; gt yrCJef]Ur; mCe gtgttg bgt yg:t dthkxefU;tovh YJkWmfuU rJh ctgfUthe YJkrl atgfUntudt ;:t dthkxefU;tofUe ytuh mumbg-mbg vh Yume yrCJef]Ur; =ul u fuUrtY W"thfU;todthkxefU;tofUt Ysx ntudt> Any admission or acknowledgement in writing by the Borrower of the amount of indebtedness of the Borrower to the Bank shall be binding and conclusive on and against the Guarantor in all courts of law or otherwise and the Borrower shall be the Agent of the Guarantor for giving such acknowledgements from time to time on behalf of the Guarantor. 18. g rv W"thfU;toYJkdthkxefU;tofuUcea dthkxefU;t fuUJt r;Cqni ;:trv dthkxefU;togn fUhth fUh;t ni rfUcfUytih dthkxefU;tofuUcea dthkxefU;tobwg }UKe ni ;:t dthkxefU;toCth;eg mkrJ=t yr"rl gb, 1872 fUe "tht 133, 134, 135, 139, 141 YJk145 tht r;CwytfUtu=t rfUn yr"fUhtfUt nfU=th l n ntudt> Though as between the Borrower and the Guarantor, the Guarantor is surety only, the Guarantor agrees that as between the Bank and the Guarantor, the Guarantor is the principal debtor and the Guarantor shall not be entitled to any of the rights conferred on sureties by Sections 133, 134, 135, 139, 141 and 145 of the Indian Contract Act, 1872. 19. dthkxefU;toRmdthkxe-fUhth fuUmkck" brfUn Wvck"tfUtuCtJe fUhl ufuUrtY g:tJgfU cfUgt W"thfU;tofuUrJh yvl umCe gt rfUn yr"fUthtfUtucfUfuUvt byr"grs; fUh;t ni> The Guarantor waives in the Banks favour all or any of his rights against the Bank or the Borrower as far as may be necessary to give effect to any of the provisions regarding this Agreement of Guarantee. 346 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 20. W"thfU;toYJkdthkxefU;togn fUhth fUh;un rfUsc ;fUW"thfU;totht =ug mCe htrN fUt Cwd;tl cfUfUtul n rfUgt st;t ni ;c ;fUcfUfUt "thKtr"fUth Wl fuUYumumCe btt YJkr;Cqr;gt vh, stuyCe gt RmfuUvat;TrfUme mbg cfUtht rfUme Ce Ft;ub"trh; rfUgt stY ;:t cfU fuUvtmW"thfU;toytih/gt dthkxefU;tofuUrfUme Ce Ft;ubyCe gt RmfuUvat;Tsbt mCe "l vh cl t hnudt atnuJubegt=e sbthtrN fuUv bgt yg:t ntytih atnuYume sbthtrNgtkCwd;tl fuU rtY vrhvJ nwRontgt l n ;:t cfUyvl ufUtu=ug rfUme htrN fuUcthubW"thfU;togt dthkxefU;to fUturl r=o rfY rcl t YumurfUme "l fUt bwsht fUhl u;:t W"thfU;togt dthkxefU;tofUtumgfTUv mu mqal t =ufUh g:tJgfUbtt YJkr;Cqr;gtfUe rcf{e fUhl uytih rcf{e fuUytdb fUt Wvgtusl yvl e =ug htrN fUe ;wr fuUr; fUhl ufUt nfU=th ntudt ;:t RmrJtuF byk;rJo fUCe Ce ct; fUt gn y:ol n tdtgt stYdt rfUJn rfUme Ce Ft;ubW"thfU;togt dthkxefU;tomucfUfUtu=ug rfUme NuM fuUrtY y:Jt cfUtht ;mbg "trh; rfUme yr;rh; r;Cqr; vh rfUme Ce fUth fUe =ug;t fUe ctc; cfUfuUmt"thK "thKtr"fUth fUtuyvJrso; fUh;e ni> Until payment is made to the Bank of all the amounts which may be payable by the Borrower, the Borrower and the Guarantor agree that the Bank shall have a lien upon all goods and securities belonging to them which may now or at any time hereafter be held by the Bank on any account whatsoever as also on all monies now or hereafter standing to the credit of any of the accounts of the Borrower and/or the Guarantor with the Bank, whether by way of term deposits or otherwise and whether or not such deposits may have matured for payment and Bank shall be entitled to set off any such monies without reference to the Borrower or the Guarantor any amounts so due to it and sell the goods and securities as may be necessary with due notice to the Borrower or the Guarantor and appropriate the sale proceeds towards satisfaction of its dues and nothing contained in these presents shall be construed as excluding the general lien of the Bank for any balance due to the Bank from the Borrower or the Guarantor on any account or in respect of any liability whatsoever over any excess security for the time being held by the Bank. RmfuUmtGe fuUv bWvrhl trb; W"thfU;toYJkdthkxefU;tol uWvrhrtrF; r=l , bnel uYJkJMobRm vh yvl u-yvl un;tGh rf Y> IN WITNESS WHEREOF the Borrower and the Gurantor abovenamed have hereto set and subscribed their respective hands the day, month and year as above written. 347 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 yvrhrlr=o ylwmqae SCHEDULE ABOVE REFERRED TO : (=]rck"fUhFudY btt fUt rJJhK r=gt stY) (Description of the hypothecated goods to be set out) dthkxefU;tofuUn;tGh W"thfU;tofuUn;tGh Signature of Guarantor Signature of Borrower ltux &RmVUtbofuUrnk=e vtX murfUme fUth fuUJt=-rJJt=fuUWvt ntul ufUe r:r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> Note : In the event of any controversy arising out of Hindi version of this Form, the original english text of it will be treated as authoritative. 348 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-36 (Revised) (Advances to Road Transport Operators) Memorandum of Agreement made this .............................. day of 20 .......... BETWEEN .................................................................................................................................. son of ............................................................................................................................................ residing at ...................................................................................................................................................... by religion .................................................. by occupation ............................................................ hereinafter called the BORROWER (which expression shall unless excluded by or repugnant to the context be deemed to include ............................................................ heirs, executors, adminsitrators, representatives and (assigns) of FIRST PART .................................................. ............................................................ son of ................................................................................ residing at ............................................................................................................................................ by religion .................................................. by occupation ............................................................ hereinafter called the GUARANTOR (which expression shall unless excluded by or repugnant to the context be deemed to included ...................................................................... heirs, executors, adminsitrators, representatives and assigns) of the SECOND PART AND UCO BANK having its head office at 10, B. T. M. Sarani, Kolkata-700 001 in the town of Kolkata and Branch Office at ................................................................................ hereinafter called the BANK (which expression shall unless exlcuded by or repugnant to the context be deemed to include its successors and assigns) of the THIRD PART WHEREAS : (1) The Borrower carries on business of Transport Operatiors having its principal place of business at ............................................................................. (2) In course of its aforesaid business the Borrower is the holder of a Permit for ............................................ being Permit No. ............................................ granted by ....................................................... (3) Being in need of funds for purchasing .......................................................bearing Engine Number ............................................ Chasis Number ............................................ under the said Permit in connection with his said business the Borrower and the Guarantor have approached the Bank to lend and advance to the Borrower the sum of Rs. ................................. to be utilized solely by the Borrower for the aforesaid purposes on the security of hypothecation of the said vehicle to which the Bank has agreed upon the terms and conditions hereinafter mentioned. 349 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 NOW THIS MEMORANDUM WITNESSETH as follows : 1. In pursuance of the sai d Agreement and consi derati on of the sum of Rs. ................................. lent and advanced by the Bank to the Borrower (the receipt whereof the Borrower doth hereby admit and acknowledge) the Borrower doth hereby charge and hypothecate i n favour of the Bank as and by way of Fi rst Charge the sai d ................................. bearing Engine Number ............................................ Chasis Number ............................................ and Policy Registration Number ............................................ including spare wheels, tyres, tubes and other spare parts, fittings, fixtures and tools belonging thereto (hereinafter collectively referred to as the said Vehicle) as security for due repayment of the said sum of Rs. ................................. together with interest thereon at the rate of ...................... per annum in the manner as hereinafter mentioned and costs, charges and expenses that may be incurred by the Bank for the protection of the said security and/or in realization of the said moneys payable to the Bank as aforesaid and all other moneys that maybe due owing and payable by the Borrower to the Bank under these presents or by operation of law or otherwise. 2. The Borrower doth hereby convenant to pay the said sum of Rs. ................................. together with interest thereon at the rate of ...................... per annum by equal monthly instalments of Rs. ................................. each, first of such monthly instalments to be payable on or before the ............................................ day of ................................. 20 ........... and subsequent monthly instalments on or before the ................................. day of each and every succeeding calendar month and shall also pay all moneys and costs charges and expenses due owing and payable by the Borrower to the Bank under these presents or by operation of law or otherwise. 3. The Borrower shall not transfer the said vehicle or create any mortgage charge or lien or encumbrances affecting the said vehicle nor do anything which will prejudice this security and the Borrower shall not sell or Part with possession of the said vehicle during the continuance of this security. 4. The Borrower decl ares that the sai d vehi cl e shal l remai n garaged at ............................................ The Borrower undertakes not to remove during the continuance of this security the said vehicle from the said garage or to any place outside the territorial jurisdiction for which the said vehicle is licenced to ply. The Borrower shall duly notify to the Bank all change of address of the garage for the said vehicle. 5. It the Borrower shall commit any breach of the covenants conditions and stipulation herein contained and on his part to be observed and performed or if any of the 350 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 representations made by the Borrower to the Bank shall turn out to be false or if the Borrower shall make default in payment of any moneys of the monthly instalment payable in the manner and within the time hereinbefore mentioned or if any Receiver be appointed on the properties of the Borrower including the said vehicle or if any attachment be levied on the properties of this Borrower including the said vehicle or if the Borrower enters into any composition or arrangement with his creditors or if the Borrower files any petition for insolvency or is adjudged an insolvent then and in any such case the whole of the amount then remaining due and owing to the Bank with interest as aforesaid shall forthwith become payable notwithstanding anything herein before contained AND on the happening of any such events as aforesaid or if any circumstances shall occur which in the judgement of the Bank is prejudicial to or is likely to be prejudiced or imperil the security hereby created it shall be lawful for and the Bank shall have right and power at the risk and expenses of the Borrower to seize and take possession of the said vehicle from any place where the same may be without giving any notice to the Borrower or the Guarantor and without recourse to any suit and without prejudice to the Banks rights against the Borrower or the Guarantor as to any remedy for any subsequent breach or otherwise under these presents. 6. Upon taking possession of the said vehicle the Bank shall be at liberty to sell the said vehicle either by public auction or private treaty and at such price and subject to such terms and conditions and stipulations and in such manner as the Bank may think fit and proper. It is hereby expressly declared that the Bank shall not be liable under any circumstances whatsoever for any action civil criminal or otherwise for taking possession of and selling the said vehicle for enforcement of the security hereby created. 7. Out of the sale proceeds of the said vehicle the Bank will at the first instance retain all expenses incurred by it for taking possession of the said vehicle and for selling of attempting to sell the same and thereafter shall retain out of the sale proceeds the sum sufficien to satisfy the loan given by the bank to the Borrower together with interest thereon and all other moneys due owing and payable by the Borrower to the Bank under these presents and also any other moneys and costs charges and expenses to which the Bank may be entitled under these presents or by operation of law or otherwise and shall pay to me Borrower balance if any of such sale proceeds. 8. In the event of the said vehicle being sold by public auction or private treaty as aforesaid the Bank shall be at liberty to bid for and purchase the said vehicle. In the event of the Bank electing to purchase the said vehicle the Bank shall be at liberty to adjust the purchase price of the said vehicle against all moneys due to the Bank by the Borrower. 351 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 9. The Borrower and the Guarantor shall accept the Banks accounts of the said sale or attempted sale sigened by its Manager or Accountant or other officers employed by the Bank as sufficient proof of the amount realised by such sale and expenses in connection with such sale. The Bank shall not be liable for any diminution in price of the said vehicle or for any loss or otherwise. 10. If any sum realised by such sale be insufficient for the payment in full of all the moneys then due and payable to the Bank. The Borrower shall immediately on demand pay the balance then due to the Bank provided however that nothing herein contained shall be deemed to nagative, qualify or otherwise prejudice or effect the rights of the Bank to recover from the Borrower the balance for the time being due from the Borrower to the bank and costs, charges, and expenses as aforesaid notwithstanding that the hypothecated property may not have been sold or realised. 11. The Bank shall not be bound to exercise any of the powers to which the Bank is entitled under these presents or by operation of law or by otherwise and shall not be liable for any loss or damages whatsoever for non-exercise of any of such powers. 12. In th event of the Bank electing to file a suit in a Court of Law for enforcement of security hereby created the Bank shall be at liberty to have one of its nominees to be appointed a Receiver of the said vehicle for which the Borrower and the Guarantor do and each of them hereby give consent to such appointment of Receiver. 13. During the continuance of this security the Borrower shall keep the said vehicle in good and substantial repair including replacement of any parts and for proper working and running condition and shall pay and discharge all license fee, road tax, garage rent and all other impositions and outgoings payable in respect of the said vehicle in due time and shall also company with all rules and regulations relating to the plying of the said vehicle attached to the said Permit or otherwise and shall also comply with the provisions of the Motor Vehicle Act. The Borrower shall produce original certificate of fitness for the said vehicle to the Bank for its inspection. 14. The Borrower shall insure and keep insured said vehicle in the joint names of the Bank and the Borrower under a comprehensive Policy including loss and damage by fire theft strike riot civil commotion ....................................................... risk accident to driver conductor crew passengers and others with some Insurance Office or offices of repute approved by the Bank for its full value and shall also pay all premia renewal premia and all other moneys payable to keep such policy or policies afoot and shall deliver to the Bank the original policy or policies and all receipts for the premia paid immediately upon receipt thereof. In the event of the 352 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Borrower falling and neglecting to effect such insurance the Bank shall be at liberty to effect such insurance at the costs of the Borrower and all expenses incurred and all premia paid for such insurance shall be added to the principal money hereby secured and be paid with interest thereon at the rate as aforesaid in such manner as the Bank shall direct. 15. All sums received under any such policy or policies as aforesaid shall be applied at the discretion of the Bank either in or towards repayment of all moneys due hereunder together with all interest thereon and all other moneys costs charges and expenses for repair or replacement of the said vehicle or any component parts thereof or purchase of any spare parts for the said vehicle. Upon application of the moneys received under any policy or policies as aforesaid the Borrower shall be enetitled to the surplus thereof if any. 16. The Borrower doth hereby declare that the said vehicle is the sole and absolute property of the Borrower at his sole disposal and free from all prior charges and encumbrances whatsoever and that the Borrower has not done or knowingly suffered or been party or privy to any act deed matter or things whatsoever hereby he is any way prevented from hypothecating the said vehicle in the manner aforesaid and that the Borrower shall do and execute at its own costs all such acts deeds matters and things for further and more effectually assuring the said vehicle unto the Bank as shall or may be required by the Bank. The Bank and all its directors, officers, employees representatives and agents from time to time and all times during the continuance of this security shall be entitled without any prior notice or intimation to enter into any garage or premises where the said vehicle amy for the time being be and to view and inspect and examine the condition thereof, or to take possession tehreof in the circumastances hereinbefore mentioned, and the Borrower hereby undertakes to render all facilities and assistance as may be required for any of the purposes aforesaid and shall also comply with any requisition of the Bank regarding repairs and maintenance of the said vehicle within such time and in such manner as may be prescribed by the Bank. 17. The Borrower shall not do make or commit or cause to be done made or committed any damage or act of waste to the said vehicle and shall ply the said vehicle in skilful manner during the continuance of this security. 18. In consideration of the Bank having at the request of the Guarantor agreed to lend and advance to the Borrower the said sum of Rs. ................................. upon and subject to the terms and condtions hereinbefore mentioned and on the security hereby created the Guarantor doth hereby agree to guarantee due repayment of the sai d sum of Rs. ................................. together with interest thereon at the rate aforesaid and all other 353 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 moneys costs charges and expenses payable to the Bank under these presents or by operation of law or otherwise by the Borrower and due performance and observance of other terms convents and conditions herein contained and on the part of the Borrower to be observed and performed and also all loss and damages that may be suffered by the bank on account of the breach of the terms convenants and conditions by the Borrower PROVIDED ALWAYS AND IT IS HEREBY EXPRESSLY AGREED AND DECLARED that any neglect or for bearance of the BANK in endeavouring to obtain payment of the money, hereby secured or any indulgence given by the Bank to the Borrower in the observance and preformance of the terms convenants an conditions herein contained, and on the part of the Borrower to be observed and performed or any time given by the Bank to the Borrower for payment of the moneys hereby secured shall not in any way affect or prejudice the guarantee or the containing liability of the Guarantor hereby created. 19. The liability of the Guarantor under these presents shall be Co-extensive with that of the Borrower. 20. The Guarantor doth hereby agree to pay on demand all moneys which may become payable under there presents from the Borrower and not paid by the Borrower. 21. It shall be lawful for the Bank to proceed against the Guarantor without first proceeding against the Borrower and reserving the Banks right against the said security and the Borrower. IN WITNESS WHEREOF the Parties hereto have hereundto act and subscribed their respective bands and seals the day monthy and year first above written. SIGNED SEALED AND DELIVERED by the BORROWER at (not to be attested) SIGNED AND SEALED AND DELIVERED by the GUARANTOR at (not to be attested) 354 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-38 Place ............................................ Date ............................................. The Manager, UCO BANK ............................................ Bank Dear Sir, On the security of Fixed Deposit(s), amounting to Rs. ................................. made in your Bank in my/our name at your ....................................................... Branch. I/we request you to please allow me/us/Mr./Messrs. ........................................................................................ Demand Loan or Cash Credit Limit of Rs. ............................................ Fixed Deposit Receipt(s), as hereunder is/are enclosed duly discharged to be kept as security in your possession. F.D.R. No. Amount In case you receive instruction from me/us to renew the Fixed Deposit Receipt(s) I/we agree to your Bank holding this renewed Deposit Receipt(s) with or without interest accrued thereon as the case may be, as security in the same way as the original Deposit Receipt(s). I/we further agree that on the renewal of the Promissory Note on the account my/our Fixed Deposit Receipt(s), will remain as security for the renewed Promissory Note in the same way as for the original Promissory Note. I/we hereby undertake not to call back the Deposit(s) until the Loan or Cash Credit with interest accrued thereon made by you to me/us/Mr./Messrs .................................................. .................................................................. is fully adjusted. If at any time you wish to call back the Loan or Cash Credi t you are at l i berty to do so, and i f I/we/Mr./ Messrs. ........................................................................................ fail to repay the Loan or Cash Credit with interest accrued thereon or any portion thereof. I/we hereby authorise you to 355 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 appropriate any amount that may be necessary to get the Loan or Cash Credit granted to me/us/Mr./Messrs. ........................................................................................ adjusted from the Fixed Deposit Receipt(s) handed to you as security. Yours faithfully, Notes : In the event of any controversy arising out of Hindi version of this Form, the original English text of it will be treated as authoritative. 356 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y-38 :tl ................................................ r=l tk fU............................................... ck"fU, gqfUtucfU .................................................... NtFt rg bntu=g, b/nb ytvmuyl whtu" fUh;t nq/fUh;un rfUytvfuUcfUfUe................................................ NtFt bbuhe/nbthe .............................................. h. fUe mtJr" sbthtrN (sbthtrNgt) fUe r;Cqr; vh hvgt bw Su /nb /e/bu mmo.........................................................................fUtu.........................................h. fUe btkd-}UK gt l fU=e-}UK mebt fUe Jef]Ur; =e stY>Cwd;tl nu;wrJr"J;Tn;tGrh; mtJr" sbt hme= (hme=) fUtul eaurtFuyl wmth ni/n, ytvfuUfUsubr;Cqr; fuUv bhFustl ufuUrtY mktl ni/n> mtJr" sbt hme= mkgt htrN gr= ytv bwSu/nbmumtJr" sbt hme=/hme=tfuUl JefUhK fuUcthubyl w=uN tt fUh;un ;tu b/nb fUhth fUh;t nq/fUh;un rfUytvfUtucfURml Jef]U; sbt hme= (hme=t) fUtu, Wmvh tu=TCq; gts mrn; gt Atu\zfUh cime Ce r:r; ntu, yvl uvtmbqt sbt hme= (hme=t) fUe ;hn ne r;Cqr; fuUv bhFl ufUt nfU=th ntudt>b/nb ytdufUhth fUh;t nq/fUh;un rfUFt;ubJal -vt fUt l JefUhK rfY stl uvh buhe/nbthe mtJr" sbt hme= (hme=u) l Jef]U; cal -vt fuUrtY bqt Jal -vt fUe ;hn ne r;Cqr; fuUv bcl e hnude/hnde> b/nb RmfuU tht Jal c" fUh;t nq]/fUh;u n rfU sc ;fU ytvfuU tht bwSu/nb/e/ bummo......................................................................................... fUtur=gt dgt }UK gt l fU=e }UK ;gt Wmvh tu=TCq; gts vqhe ;hn mbtgturs; l ntustY ;c ;fUsbthtrN (sbthtrNgt) fUtuJtvm tul ufUe btkd l n fUhkdt/fUhgr=rfUme mbg ytv }UK gt l fU=e }UK fUtuJtvmtul t atn;tuWmfuU rtY ytv J;kt ntdu<ytih gr=b/nb/e/bummo.................................................................................. }UK gt l fU=e }UK ;:t Wmvh tu=TCq; gts gt WmfuUrfUme Ctd fUtuawfUtl ubymVUt hnt/hnu ;tub/nb RmfuUtht ytvfUturfUme Ce Yume hfUb fUturJrl gturs; fUhl ufuUrtY tr"f]U; fUh;t nq/fUh;u 357 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 n stubwSu/nb/e/bummo........................................................................................ fUtubksqh rfY dY }UK gt l fU=e }UK fUtur;Cqr; fuUv bytvfUtumtve dRomtJr" sbt hme=(hme=t) mumbtgturs; fUhl ufuUrtY ytJgfUntu> CJ=eg, rxvKe &RmVUtbofuUrn=e vtX murfUme fUth fuUJt=-rJJt=fuUWvt ntul ufUe r:r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> 358 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-38 (Revised) Application-cum-Letter of lien prescribed for loans against Fixed Deposits including KY, Lakhpati Deposit Scheme, Money Multiplier Scheme (UCD Double/Treble), Two-way Deposit Scheme Friend-in-Need Scheme, Flexible Deposit Scheme and Deposit Certificates. Place .................................... Date ..................................... The Manager, UCO BANK, .................................. Branch Dear Sir, On the security of Deposit(s) made in your Bank in my/our name, I/we request you to please allow me/us/Mr/Messrs ................................................................... banking facility by way of Amount Cash Credit Demand Loan Term Loan Bill Purchase Letter of Credit Deposit Receipt(s) as hereunder is/are enclosed duly discharged to be kept as security in your possession. Deposit Receipt No. Amount 359 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 The Deposit/s which expression shall include any other sum or sums in addition to or by way of renewal or replacement for any sums previously deposited or otherwise together with all interest accuring from time to time in respect of it or them. The Deposit/s shall be a continuing security for all money obligations and liabilities, present or future, actual or contingent (including liabilities as surety or guarantor), of which I/we may now or hereafter be liable to the Bank on any banking or other account or in any manner whatsoever in whatever currency denominated and whether alone or jointly with any other person and in whatever style name or form together with all interests, costs, commissions, charges and expenses which the bank may in the course of its business as bankers charge against me/us and all costs, charges and expenses (including all legal fees and expenses) which the Bank may incur enforcing or obtaining payment from me/us. I/we shall not be entitled to withdraw the whole or any part of the deposit untill the bank facility/ies/Accounts mentioned hereinabove is/are fully adjusted by me/us to the satisfaction of the Bank. The bank is irrevocably authorised, without prior notice to me/us, at any time or times without restriction to appropriate the whole or any part or parts of the Deposit in or towards payment or discharge of any or all of the indebtedness, obligations or liabilities hereby secured whether then due and payable or not and in such order as it may from time to time conclusively determine (and to convert the whole or any part or parts of the Deposit into any currency other than that in which the same is or are then held by the Bank at the then prevailing spot rate of exchange of the Bank) notwithstanding that the Deposit or any part or parts of it may have been made or deposited for a fixed period and that period may not have, or may have expired and the Bank may renew at any time and from time to time all or any of the deposits with or without any accured interest being capitalised and added thereto in such manner and for such period or periods as the Bank may think fit and I/we shall execute all such acts and instruments as may be required by the Bank to effect any such withdrawal or renewal. I/we hereby further declare that it shall not be incumbent on the Bank to take any step or do anything in respect of the aforesaid deposits nor shall the Bank will be answerable for any loss arising from its having neglected to take or do any such steps or things. Yours faithfully, 360 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-38A UCO BANK Head Office : ............................................ Branch 10, Brabourne Road, Dated ............................ 20 ............ Kolkata-700 001 Dear Sir, With reference to your letter dated ................................. please note that as desired by you, we have allowed to Mr./Messrs. ........................................................................................ a Demand Loan/Credit Limit of Rs. ............................................ (Rupees ................................. .............................................................................) against the security of Fixed Deposit Receipt(s) amounting to Rs. ............................................ standing in your name at the branch. Please acknowledge receipt of this letter. Yours faithfully, ....................................................... Asst. Manager (give here the date of Form A-38 signed by the depositor). 361 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y-38Y gqfUtucfU "tl fUtgtotg& ............................................... NtFt 10, c{uctul ohtuz, r=l tkfU.............................. 20......... fUtutfUt;t-700 001 rg bntu=g, f]Uvgt ytv r=l tkfU.................................. fuUyvl uvt fuUmk=Cobgn l tux fUhrfUnbl u ytvfUeRAtl wmth RmNtFt bytvfuUl tb fUeh................................ fUemtJr" sbt hme=(hme=t) fUer;Cq r; vhe/bu mmo.................................................................................... fUtu...............................h. (.........................................................................................................hvgu) fUtubtkd }UK/l fU=e}UK mebt fUe Jef]Ur; =u=e ni> f]Uvgt Rmvt fUe trt-mqal t => CJ=eg, .............................................. mntgfUck"fU (sbtfU;totht n;tGrh; VUtboY-38 b=e dRo;theF fUtugntrtF) 362 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-39 Place ............................................ Date ............................................. The Manager, UCO Bank ....................................................... Dear Sir, We enclose a letter signed by ........................................................................................ authorising us to take Loan/Cash Credit from you on the strength of the enclosed Deposit Receipt(s) No.(s) ............................................ for (aggregating) Rs. ............................................ of your Bank in his/their favour duly discharged by him/them to be retained by you as security. Please credit the amount of loan to our current account with you. Yours faithfully, To be deleted in case of Cash Credit Account. 363 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y-39 :tl ............................................ ;theF ........................................... ck"fU, gqfUtucfU ................................................ rg bntu=g, nb............................................................................................................tht n;tGrh; YfU vt mktl fUh;un rsmfuUtht Wml u/Wntl unbtr"f]U; rfUgt ni rfUWmfuU/Wl fuUvG bytvfuUcfU fuU(fwUt)................................................h. fuUmktl sbt hme=mk.................................................. fuUyt"th vh, rsmu/rsnytvfuUtht r;Cqr; fuUv br;"trh; rfY stl ufuUrtY Wml u/Wntl u rJr"J;Tn;tGrh; fUh r=gt ni, nb ytvmu}UK/l fU=e }UK tumfU> f]Uvgt yvl uvtmfuUnbthuattqFt;ub}UK htrN fUtusbt fUh> CJ=eg, l fU=e }UK Ft;ufuUbtbtubRmufUtx r=gt stY> 364 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-40 POWER OF ATTORNEY RELATIVE TO SUPPLY BILLS THIS POWER OF ATTORNEY is made this .................................... day of ........................ 20 ............ by me ........................................................................................................................ son of ................................................................................................ carrying on business under the name and style of M/s. ...................................................................................................................... at ............................................................................................................................................................ M/s. ............................................................................................................ (a partnership firms regi stered under the Indi an Par tnershi p Act, 1932) and havi ng i ts offi ce at ............................................ M/s. ........................................................................... (a Company incorporated under The Companies Act, 1956) (an existing company within the meaning of The Companies Act, 1956*) and having its registered office at ................................................ ........................................................................ hereinafter called the Appointer in favour of UCO BANK a Corporate Body constituted under the Banking Companies (Acquisition & Transfer of undertakings) Act, 1970 and having its Head Office at 10 Brabourne Road, Kolkata-1 and a Branch Office at ........................................................................ hereinafter called the Bank WHEREAS I am/we are working as Contractor(s) to the Government of India or State Government(s) in their various department(s) or autonomous bodies, Government Companies, Corporations or Corporation Bodies, or any other authority formed constituted or established by the Govvernment of India or State Goverments) (hereinafter referred to as the said Authorities which expression shall wherever the context so permits mean and include all of them or any one or more of them) and have entered into certain contracts and will in future enter into other contracts. AND WHEREAS an arrangement has been made between me/us and the Bank in pursuance of which the Bank has agreed to finance contracts and advance me/us sums of money, against supply bills for payment to be received by me/us under the contracts issued by the said Authorities on the condition inter alia that the Bank shall have first charge over the cheques/moneys in payment of bills and shall also be entitled to realise the amount of the bills direct from the said Authorities and the remittances of such bills will be made direct by the said Authorities to and in the name of the Bank and the Bank shall repay themselves from such receipts all moneys due from me/us and in consideration of such advances by the Bank all moneys payable to me/us under the contracts and bills shall be considered under the arrangement as assigned upto the Bank and I/we have undertaken not to create any interest, charge, lien in favour of anyone else over any moneys payable or that may become payable to me/us under the contracts or encumber or assing the same in 365 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 any manner whatsoever, AND WHEREAS I/we, for the purposes of carrying out the terms of the said arrangement more effectively and to secure the interest of the Bank, am/are desirous of appointing the Bank as my/our lawful Attorney in all matters relating to the receipt of all payments under the contracts made or to be made hereafter. NOW THESE PRESENTS WITNESS that I/we do hereby appoint, constitute and nominate UCO BANK to be my/our lawful Attorney on behalf of me/us and my/our name or names to do the following acts or things or any of them namely : 1. To sign. present and submit supply bills regarding my/our contracts to the proper Officer and/or Authority of the Central Government, State Government(s) or autonomous bodies, Govt. Companies, Corporations or Corporate Bodies, or any other authority formed, constituted or established by the Govt. of India or State Government(s); to obtain cheques to sums payable to me/us under the contracts directly in their own name or in my/our name in payment of such bills or other amounts and to cash the same and to receive the amount thereof and appropriate such receipts towards and in repayment of the advances made or to be made hereafter and all other moneys due from me/us to the Bank in any account whatsoever. No other creditor or representative of mine/ours shall have any concern with such amounts and the payments thereof by the Government(s) or autonomous bodies, Govt. Companies, Corporations or Corporate Bodies, or any orther authority formed, constituted or established by the Govt. of India or State Government(s), I/we having undertaken neither to create any encumbrance interest chage or assignment over such amounts payable or that may become payable under the contracts taken or to be taken hereafter nor to appoint or authorise anyone else including myself or my partners to receive payments on my/our behalf. 2. To ask, demand, sue for, recover and receive, of and from all and every person all sums of money, debts, dues, effects and things which shall or may become due or owing or payable to or recoverable by me/us under or in connection with the said contracts and to compound and settle all accounts relating thereto and to give effectual receipts, realises, acquittances and discharges therefor. 3. To appoint any counsel, lawyer or solicitor or agent to conduct, prosecute or defend in court or outside court or before any Government Authority or Officer any such claims and actions by or against me/us and to remove tham as the Bank may consider fit or proper, to compromise any such disputes, claims and actions or to refer them to arbitration and to take proceedings for filing in court any such compromise or award or for execution and realising sums and for the purposes aforesaid or any of them to sign on my/our behalf and in my/ our name any and all petitions, deeds or documents as may be necessary and also appoint and remove at its pleasure any substitute for or agent under it in respect of all or any of 366 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 the matters aforesaid upon such terms as the Bank shall think fit and generally to act in relation to the above as fully and effectually in all respects as I myself/we ourselves could do. 4. To execute and sign all such deeds and generally to do all lawful acts necessary for the abovementioned purposes and matters. 5. For the better doing, performing and executing of the matters and things aforesaid I/we hereby further grant unto the Bank full power and authority to substitute and appoint in their place and stead on such terms as they shall think fit one or more Attorney or Attorneys to exercise for me/us as my/our Attorneys any or all the powers and authorities hereby conferred and to revoke any such appointment from time to time and to substitute or appoint any other or others in the place of such Attorney or Attorneys as the Bank shall from time to time think fit. 6. I/We the Appointor(s) hereby promise to allow, ratify and confirm all and whatsoever the Bank shall lawfully do or cause to be done in the premises and I/we hereby declare that these presents and all powers hereby granted are and shall be irrevocable as long as any claims of the Bank against me/us whether for principle, interest, costs, charges or otherwise remain outstanding and unpaid. 7. And I/we the Appointor(s) hereby declare and affirm that I/we have not heretofore granted nor shall I/we in future grant any Power of Attorney in respect of the said contracts in favour of any person or bank and that the moneys, bills and dues payable to me/us or recoverable by me/us now or in future in resepct of the said contracts are free from any prior charge, lien attachment or encumbrance of any kind and that I/we the said Appointor(s) or any person, Bank or Attorney other than UCO BANK shall not have any right to receive, recover and realise the moneys dues and bills in respect of the said contracts. IN WITNESS WHEREOF I/we have set my/our hand(s) to this General Power of Attorney this ................................................ day of ................................................ 20 ............ Signed and delivered by in the presence of (1) (2) *(a) Strike out whichever is not applicable, (b) In case the power is to be given by a Partnership firm, the partners should execute the document. (c) In case of a limited Company, the Power of Attorney shall be executed under the its common seal. 367 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-43 UCO BANK .................................... Branch Agreement of Rescheduling loans/advances at the time of natural calamities ARTICLES OF AGREEMENT made this ........................................................ day of 20...... BETWEEN Mr./Mrs./Miss/M/s. ............................................................................................ ................................................................................................................................................ (hereinafter referred to as the Borrower which expression shall unless excluded by or repugnant to the context be deemed to include his/her heirs, executors, administrators, representatives, successors and assigns) of the one Part and UCO BANK, a Body Corporate constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act 1970 having its Head Office at No. 10, B.T.M. Sarani, Kolkata and a branch office amongst other places at ............................................. (hereinafter referred to as the Bank, which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns) of the other Part. WHEREAS at the request of the Borrower, a loan of Rs. ...................................... was advanced by the Bank to the Borrower interalia on terms and conditions contained in a Loan Agreement dated ................................................ entered into between the Borrower and the Bank and the same was repayable in the manner and by instalments mentioned in the said agreement and the Borrower had executed documents listed in the Schedule A hereto on .................................... . The Borrower has not been able to repay the loan as per terms of the said agreement dated ......................................... A sum of Rs. ................................................ is due and owing from the Borrower to the Bank in respect and on account of the said loan as on ............................................. which the Borrower hereby admits and acknowledges. The Borrower has requested the Bank to conver t the sai d bal ance outstandi ng on .................................... inclusive of interest accrued thereon upto.................................... i.e. a sum of Rs. .......................................... into a medium term loan and allow him to repay the sai d l oan i n monthl y/hal f-yearl y/quar terl y i nstal ments commenci ng from .......................................... and the Bank has agreed to the said request of the Borrower and in consequence thereof the Borrower has executed fresh documents listed in the Schedule B hereto which are hereinafter collectively referred to as the security documents. Head Office : 10, B.T.M. Sarani Kolkata-700 001 368 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 NOW IT IS AGREED in consideration of the premises as follows : 1. The Bank shall on execution of this agreement open a medium term loan account in its books in the name of the Borrower and the said sum of Rs. ....................................... being the amount due and owing from the Borrower as aforesaid shall be transferred to the said medium term loan account. 2. The loan shall be repayable by the Borrower to the Bank on the dates and by instalments mentioned hereunder : Repayment Schedule (To be set out) 3. The Borrower shall in the mean time pay interest at the rate of ....................... % over the Reserve Bank rate subject to the minimum of ..............................% per annum or at such other rates as may be notified to the Borrower by the Bank from time to time as on 30th June and 31 st December. 4. In case there is any default in the payment of any of the instalments either of the principal or interest mentioned above, the Bank shall be entitled to charge interest at the rate of ..............................% over the Reserve Bank rate subject to the minimum of ............................. % per annum or at such other rates as may be notified, to the Borrower from time to time on the amount of such default from the date of default till payment or realisation. 5. Notwithstanding anything herein or in the security documents contained the whole advance shall become forthwith due and payable by the borrower to the Bank and the Bank will be entitled at its option to enforce its security upon the happening of any of the following events, namely : (a) any instalment of the principal moneys being unpaid on the due date, for payment thereof: (b) any interest remaining unpaid and in arrears for a period of three months, after the same shall have become due whether formally or legally demanded or not; (c) to the Borrowers committing any breach or default in the performance or observance of the terms and condition contained in these presents and/or the Borrowers proposal and/or the security documents or any other terms or conditions relating to the advance ; (d) the Borrowers entering into any arrangement or composition with its creditors or committing any act of insolvency; 369 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (e) execution or distress being enforced or levied against the whole or any part of the borrowers property; (f) a Receiver being appointed in respect of the whole or any part of the property of the Borrower; (g) the occurance of any circumstances which is prejudicial to or impairs or imperils or depreciates the security given to the Bank; (h) the Borrower ceasing, or threatening to cease, to carry on business; (i) the occurance of any event or circumstances which would or is likely to prejudicially or adversely affect in any manner the capacity of the Borrower to repay the loan. On the question whether any of the above events has happened, the decision of the Bank shall be conclusive and binding on the Borrower. 6. The Borrower shall not, without the written consent of the Bank, create in any manner any charge, lien or other encumbrances on the security given to the Bank in respect of such advance or create any interest on such security in favour of any other party or person. 7. The Borrower shall, upon every request of the Bank, allow the Bank and its agent, officer, employees, servants or nominees to inspect the Borrowers premises, godown, factory and Borrowers books of account for ensuring that the Borrower has duly complied with the terms of the advance. 8. The Borrower will furnish the Bank with all such information as the Bank may require for the Banks satisfaction as to due compliance of the terms of the loan and all such periodical reports and information at such times, in such forms and containing such particulars as the Bank may call for, for the purpose of ascertaining the result of the utilisation of the said loan. SCHEDULE A SCHEDULE B (here give brief particulars of all security documents obtained by the Bank from the Borrowers) IN WITNESS WHEREOF the Borrower has executed this Agreement the day, month and year above written. (Signature of the Borrowers) 370 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-43A Agreement with the guarantor(s) on rescheduling of Plans/advances at the time of natural calamities UCO Bank ................................................... Date .................................. Dear Sirs, WHEREAS at my/our request you had lent and advnaced a sum of Rs. .................................. to .................................. of .................................. (hereinafter called the principal) on the terms and conditions contained in the loan Agreement dated .................................. entered into by the principal with you. AND WHEREAS the principal has not been able to repay the said loan in terms of the said Agreement dated .................................. and a sum of Rs. .................................. is due and owing from the principal to you in respect and on account of the said loan as on .................................. inclusive of interest. AND WHEREAS at the request of the principal and also at my/our request you have agreed to convert the said outstanding balance namely Rs. .................................. into a medium term loan account in the name of the pricipal and allow him further time to repay the said sum in such instalments as mentioned in another Agreement dated .................................. entered into by the principal with you. 1. In consideration of your having at my/our request agreed to convert the said loan into a Medium Term Loan and to grant time to the Principal as aforesaid, I/We hereby guarantee the due repayment of the said sum of Rs. .................................. and every part thereof and also the due payment of all interest accruing due thereon and all costs, charges and expenses of and incidental to realisation and recovery of the dues and that accordingly, I/we jointly and severally hereby agree and undertake to repay and pay (as the case may be) on demand to you all such amounts whether for principal or for interest or for costs, charges, expenses or for any other moneys aforesaid as also to pay all the costs, charges and expenses that you may pay, incur or suffer or be put to in any manner whatsoever or in any ways concerning the said loan and/or this guarantee and your rights hereunder and for protection, preservation, 371 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 defence or enforcement of your rights and recovery of your dues either from the principal/s or from me/us. 2. I/We agree that you shall have full discretionary powers without any further consent from me/us and without in any way affecting my/our liability under the guarantee, to renew the loan and to hold-over, renew or give up, in whole or in part any security or securities received or to be received from the principal/s or any one or more of them either alone or jointly with any other persons or person or from any other person or persons bearing the name of the principal/s. 3. I/We also agree that you shall be at liberty without in any way affecting my/our liability under this guarantee and I/We hereby give our consent to you to vary any terms of your said loan to the principal/s or to release or discharge or to do any act or commission the legal consequence of which is to discharge or enter into any composition or compound with or promise to grant time or any other indulgence or not to use either the Principal/s or any one or more of them or any persons or person liable on the said loan or any security or securities or any person liable as security or collaterally liable for the Principal/s, or any other person or persons. 4. I/We further agree that this guarantee shall be a continuing security to you and shall remain in force and be operative until your dues of and incidental to and in respect of your loan to the Principal/s either by way of Principal/s amount or interest or costs, charges and expenses, and all and every part thereof and of any of them are paid and satisfied in full. 5. I/We further agree that copies of accounts maintained in you Books of Accounts in respect of the said loan of Rs. .................................. to the Principal/s and signed by your officers for the time being in charge of such accounts shall be conclusive evidence against me/us as to the amounts for the time being due by the Principal/s to you in any action or other Proceedings brought against me/us. 6. The demand in writing shall be deemed to have been given to me/us by sending the same by post or by hand delivery addressed to me/us at the address .................................. ..................................................................................... and shall be effectual notwithstanding any change of residence or office and notwithstanding notice thereof to you such demand shall be deemed to be received by me/us as the case may be twenty-four hours after the posting thereof and shall be sufficient if signed by any one of your officers and in proving such service it shall be sufficient to prove that the letter containing the demand was properly addressed and put in the post office. 7. This guarantee shall be additional to any other guarantee for the Principal/s or any one or more of them signed by me/us or any of us that you may at any time hold. 372 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 8. I/We respectively waive in your favour all or any of our rights against you or the Principal/s so far as may be necessary to give effect to any of the provisions of this guarantee. AND I/We agree that I/we shall not be entitled to claim benefit of any legal consequences of any variation of any contract entered into by the Principal/s or any one or more of them with you for and in respect of the loan the liability in respect of which is guaranteed by me/us as aforesaid. 9. If I/we now or shall hereinafter take any security from the Principal/s or any one or more of them in respect of my/our liability under this guarantee, I/we will not prove in the bankruptcy or insolvency of the Principal/s or any one or more of them in resepct thereof to your prejudice and such security shall stand as security for you and shall forthwith be deposited with you. 10. I/We agree and declare that you will not be bound or compelled to take any proceedings whatsoever against the Principal/s for recovery, enforcement or realisation of any of your dues from or against the Principal/s under or in pursuance of and in respect of and incidental to your said loan to the Principal/s before calling upon me/us to pay such dues to you under and in pursuance of the guarantee herein given so that I/we shall be liable and bound to pay any such dues to you, notwithstanding that no proceedings whatsoever shall have been taken by you against the Principal/s for recovery, enforcement or realisation of any such dues. 11. I/We further agree and confirm that to give effect to the guarantee, you may act as though I/we am/are your Principal debtor/s. 12. This guarantee shall ensure for the benefit of your successors and assigns. 13. All moneys whatsoever due and payable by me/us to you under and in pursuance of thi s guarantee shal l be payabl e by me/us at your Branch Offi ce si tuated at .................................................................... Yours faithfully, Signature ................................................... (Full name in block letters) Place Date .................................. Signature ................................................... (Full name in block letters) Place Date .................................. 373 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y/A-47 ck"fUThe Manager, gq fUtucf UCO BANK .............................................. NtFt/ Branch rg bntu=gDear Sir, b/nb RmfuUtht r=l tkfU.......................................fuU..........................................h. fuUbtkd Jal vt fuU;w;efUhK fUe Aqx =u;t nq/=u;un ytih W; Jal vt fUtubuhu/nbthuvtmCqd;tl fuU rtY ;w; rfY rcl t Wmvh =ug hfUb fUtuy=t fUhl ufUt cal =u;t nq/=u;un> Wi th reference to the demand promi ssory note for Rs. ............................. dated .................... I/We hereby waive presentment thereof and undertake to pay the amount due on the said promissory note without the same being presented to me/us for payment. CJ=eg, Yours faithfully, ;theF Date ................................ 200 . 374 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-49 (Revised) NOT TO BE ATTESTED Stamp UCO BANK AGREEMENT FOR EDUCATION LOAN This agreement made this ................................................. day of .................................... 20 ............. between ..................................................................................................................... son of ............................................................................................................................................... residing at ........................................................................................................................................... hereinafter called The Borrower (which expression shall unless excluded by or repugnant to the context be deemed to include his heirs, executors, administrators and representatives) of the FIRST PART AND..................................................................................................................... son of ..................................................................................................................... residing at ............................................................................................................................................... and ...............................................................................................................................................son of ........................................................................................................................................ residing at ............................................................................................................................................... hereinafter called the Guarantors (which expression shall unless excluded by or repugnant to the context be deemed to include their respective heirs, executors, administrators and representative) of the SECOND PART AND UNITED COMMERCIAL BANK having its Head Office at No. 10, B. T. M. Sarani, Kolkata and abranch office at .................................................... ................................................................. hereinafter called the Bank (which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns) of the THIRD PART : WHEREAS 1. The Borrower is desirous of continuing his studies at .............................................. ................................................................. for a period of ................................................................. but is unable to do so for paucity of funds. 375 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 2. Being in need of financial assistance for his studies the Borrower and the Guarantors have approached the Bank to lend and advance to the Borrower a sum of Rs. ....................................... (Rupees ...........................................................................................) which the Bank has agreed to do on the basis of and for the purposes set forth in the Borrowers application dated ....................................... a copy whereof is annexed hereto (hereinafter called the Borrowers application) and upon the terms and conditions hereinafter mentioned. NOW THIS AGREEMENT WITNESSETH as follows : 1. The Borrowers application shall be deemed to constitute the basis of this Agreement and the loan to be advanced by the Bank hereunder and the Borrower hereby warrants the correctness of each and every one of the statements and particulars therein contained. 2. The Bank shall advance the said sum of Rs. ....................................... to the Borrower in such instalments and at such times as the Bank may from time to time determine and the amounts shall be paid to the Borrower whose receipt will serve as sufficient proof of the payment of the amount by the Bank and shall be binding on the Guarantors. 3. The Bank may decline to advance the amount or discontinue further advances at any time at its absolute discretion on the ground that the Borrower has found other means of assistance or that the Borrower had discontinued his/her studies or has failed in any examinations or has failed to produce satisfactory report of his/her studies and progress or for any other reason which the Bank at its absolute discretion may consider good and sufficient. In the event of such discontinuance the payments already made shall be deemed to be a completed loan under this Agreement and shall be repayable accordingly. 4. The amount of the loan will be utilised by the Borrower only for the purposes of prosecuting his/her studies, such as payrnent of admission fee, expenses on books, stationery and instruments required for the course taken, monthly college/University fees, examination fees and hostel expenses for boarding and lodging. 5. At the end of each academic year the Borrower will produce a certificate from the Head of the Institution at which he/she is studying, testifying the results achieved by him/her during and at the end of the year as well as about his/her conduct. If the said certificate is not produced or the certificate furnished for any year is not considered satisfactory the Bank will (in its absolute discretion) have right to stop giving any further financial assistance, to the Borrower in terms of this Agreement not withstanding the fact 376 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 that the total amount of the loan as agreed to in Paragraph 2 above has not been disbursed to him/her. The Bank will be entitled at its option to recall the loan already given together with the interest accrued thereon by a demand in writing. *6. The Borrower will take out a life insurance policy in his/her name for amount to feast equal to the total amount of the loan granted or agreed to be granted to him/her and will keep the said the said policy alive at all times during his/her indebtedness to the Bank, by regular paymant of premia thereon, He/she will assign the said policy in favour of the Bank. In case the Borrower commits default in payment of any premium due on his/her said life policy, the Bank shall be at liberty to (but not bound to do so) pay the same and debit the amount so paid to his/her loan account. The amount so, debited will form part of and will carry interest at the rate payable in respect of the loan as specified in para 7 below. * This clause will not be applicable if the student belongs to SC/ST categories. 7. The Borrower undertakes to pay interest on the loan at the rate of ...................... per cent per annum over Reserve Bank rate subject to a minimum of ..................... per cent per annum or at such other rates as may be notified to the Borrower by the Bank from time to time. Such interest shall be calculated and debited to the loan account of the Borrower at the end of every year. 8. Subject to what is provided in para 5 Supra the Borrower will repay the loan together with interest accrued thereon in 60 monthly instalments, starting from the expiry of one year from the date he/she completes the course of studies for which, the loan was granted or one month from the date he/she gets employment whichever is earlier. Provided that the entire loan shall become forthwith due and payable by the Borrower to the Bank upon the happening of any of the following events. a) any two instalments of the principal monies inclusive of interest remaining unpaid on the due date for payment thereof ; b) the Borrowers committing any breach or default, in the performance or observance of any of the terms and conditions contained in these presents or any other terms or conditions relating to the advance. On the question whether any of the above events has happened, the decision of the Bank shall be conclusive and binding on the Borrower. 9. The Borrower will, during the period of his/her indebtedness to the Bank, keep the Bank informed of the change in his/her address, vocation and income from time to time. 377 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 10. The Borrower has informed the Bank that he/she is unmarried. If, during the period of the course of studies undertaken by him/her, he/she gets married, the Bank will have the discretion to immediately call back the loan and interest and/or to stop allowing further loan, under this agreement and recover the loan and interest accrued thereon on demand in writing. 11. In consideration of the Bank having at the request of the Guarantors agreed to lend and advance to the Borrower the said sum of Rs. .......................... upon and subject to the terms and conditions hereinbefore mentioned the Guarantors do hereby jointly and severally guarantee the due repayment of the said sum of Rs. .......................... together with interest thereon at the rate and in the manner aforesaid and all other monies, costs, charges and expenses which may at any time be due and payable to the Bank from the Borrower under this Agreement or by operation of law or otherwise by the Borrower and due performance and observace of other terms and conditions herein contained and on the part of the Borrower to be observed and performed and also all loss and damage that may be suffered by the Bank on account of the breach of terms and conditions by the Borrower Provided Always AND IT IS HEREBY EXPRESSLY AGREED AND DECLARED THAT any neglect or forbearance of the Bank in endeavouring to obtain payment of the said loan or interest or any indulgence given by the Borrower in the observance and performance of the terms, covenants and condition herein contained and on the part of the Borrower to be observed and performed or any time being given by the Bank to the Borrower for the payment of the said loan shall not in any way affect or prejudice the guarantee or the continuing liability of the Guarantors hereby guaranted. 12. The liability of the Guarantors under this Agreement shall be co-extensive with that of the Borrower and it shall continue to be in force and will remain operative and in full effect till all the dues of the Bank from the Borrower under these presents are fully paid and satisfied. 13. The Bank shall be at liberty to accept any security from the Borrower or part with the same without to the Guarantors. The liability of the Guarantors shall remain unaffected in any such event. 14. Any account settled by and between the Bank and the Borrower or admitted by the Borrower will be conclusive evidence of the amount due from the Guarantors also. Any admission or acknowledgement in writing by the Borrower or by any person authorised by the Borrower of the amount of indebtedness of the Borrower to the Bank shall be binding and conclusive on and against the Guarantors and the Borrower shall be the agent of the Guarantors for giving such acknowledgements from time to time on behalf of the Guarantors. 378 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 15. The Bank shall be entitled to proceed against the Guarantors for the recovery of its dues outstanding against the Borrower without proceeding against the Borrower or exhausting any of the securities that may at any time be held by the Bank in the account. IN WITNESS WHEREON THE BORROWER and the GUARANTORS have hereunder set their respective hands on the date and year first mentioned above. ................................................................ (Borrower) 1. ........................................................... (Guarantor) 2. ........................................................... (Guarantor) 379 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y/ A-49ce/B gq fUtucf UCO BANK rNGt }UK nu;wfUhth AGREEMENT FOR EDUCATION LOAN yts r=l tkfU................................... 20 ............... fUtu:b;&e/ fwU. .................................. ............................................ vwt/vwte............................................................................................. rl Jtme............................................................................................................................................. rsnRmfuUvat;TIW"thfU;toOfUnt dgt ni (ytih sc ;fURmyrCgr; fUtunxtgt l stY gt fUtuRo ct; mk=CofuUrJh l ntu;c ;fUWmfuU/WmfUtuJtrhm, rl vt=fU, NtmfUytih YJkr;rl r" Ntrbt mbSustYkdu) YJkr;eg;&................................................................................................................ vw t/vw te................................................................................................................................................ rl Jtme................................................................................................................................................ ;:t................................................................................................................................................ vw t/ vwte................................................................................................................................................ rl Jtme................................................................................................................................................ rsnIdthkxefU;toOfUnt dgt ni (ytih sc ;fURmyrCgr; fUtunxtgt l stY gt fUtuRoct; mk=Co fuUrJh l ntu;c ;fUWmfuU/WmfUe Jtrhm, rl vt=fU, NtmfUYJkr;rl r" Ntrbt mbSustYkdu) ;:t ;];eg;&gqfUtucfU, rsmfUt "tl fUtgtotg, 10, ce. xe. Yb. mhKe (c{uctul ohtuz) fUtutfUt;t-700 001 bni ytih rsmfUtuYfUNtFt........................................................................ bni, rsmuRmfuU vat;TIcfUOfUnt dgt ni (ytih sc ;fURmyrCJgr; fUtunxtgt l stY gt fUtuRoct; mk=CofuU rJh l ntu;c ;fURmfuUyk;do; WmfuUWthtr"fUthe YJkmbl w=urN;e Ntrbt mbSustYkdu) fuUcea gn fUhth ntu;t ni& This agreement made this .................................... day of ........................... 20 ............ between ................................................................. son/daughter of .................................................. .......................................... residing at ....................................................................................... hereinafter called the Borrower (which expression shall unless excluded by or repugnant to the context be deemed to include his heirs, executors, administrators and representatives) of the FIRST PART AND............................................................................................... son/daughter of ...................................................................................... residing at .......................................... .................................................................................... and ................................................................. 380 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 son/daughter of ...................................................................................................................... residing at ........................................................................................................... hereinafter called the Guarantors (which expression shall unless excluded by or repugnant to the context be deemed to include their respective heirs, executors, administrators and representatives) of the SECOND PART AND UCO BANK having its Head Office at No. 10, B. T. M. Sarani (Brabourne Road), Kolkata - 700001 and a branch office at ......................................................... ............................................................hereinafter called The Bank (which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns) of the THIRD PART : aqkrfU/ WHEREAS : 1. W"thfU;toyvl e v\ZtRo................................................................................................ mk:tl / fUtptus b........................................ yJr" fuUrtY sthe hFl t atn;u/ an;e n rfkU;wrl r" fUe fUbe fuUfUthK vqhe fUhl ubymb:on> The Borrower is desirous of continuing his/her studies at ....................................... for a period of ........................... but is unable to do so for paucity of fund. 2. yvl e v\ZtRovqhe fUhl ufuUrtY rJteg mntg;t fUe ytJgfU;t fuUfUthK W"thfU;to;:t dthkxefU;to l ucfUfUtuW"thfU;tofUtuh. ........................................ (hvgt........................................ ........................................................................) fUehtrN fUt }UK =tl fUhl ufuUrtY ytJu=l rfUgt ni rsmfuUrtY cfUl uW"thfU;tofuUytJu=l r=l tkfU........................................ rsmfUe r; mktl ni (rsmuRmfuUvat;TW"thfU;tofUt ytJu=l fUnt stYdt), br=Y dY gtusl nu;w ;:t gntkWrrF; N;tuYJkrl ck"l tfuUy"el mnbr; =e ni< Being in need of financial assistance for his studies the Borrower and the Guarantors have approached the Bank to lend and advance to the Borrower a sum of Rs. ............................................... (Rupees .....................................................................................) which the Bank has agreed to do upon the basis of and for the purposes set forth in the Borrowers application dated ............................................. , a copy whereof is annexed hereto (hereinafter called the Borrowers application) and upon the terms and conditions hereinafter mentioned ; yc gn fUhth rl l rtrF; fUt mtg ni/ NOW THIS AGREEMENT WITNESSETH as follows : 1. W"thfU;tofUt ytJu=l RmfUhth fUt ytih RmfuUy"el cfUtht r=Y stl uJttu}UK fUt yt"th btl t stYdt ytih }UKfU;toWmby;rJo gufUrJJhK ytih rJrN;t fUe mtg;t fUt RmfuU tht mb:ol fUh;t ni> The Borrowers application shall be deemed to constitute the basis of this Agreement and of the loan to be advanced by the Bank hereunder and the Borrower hereby 381 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 warrants of correctness of each and every one of the statements and particulars therein contained. 2. cfUW"thfU;tofUtu................................................h. fUe htrN fUt yrd{b mbg-mbg vh cfU tht rl ra; rf Y dY rfU;tb=tl fUhudt ;:t W"thfU;tofUtu=tl fUe dRohtrN fUe hme= cfUtht Cwd;tl fUe dRohtrN fUt btKvt ntude ;:t gn dthkxefU;tovh btg ntude> The Bank shall advance the said sum of Rs. .................................... to the Borrower in such instalments and at such times as the Bank may from time to time determine and the amounts shall be paid to the Borrower whose receipt will serve as sufficient proof of the payment of the amount by the Bank and shall be binding on the Guarantors. 3. gr= W"thfU;tofUtumntg;t fuUyg ttu; tt ntust;un gt W"thfU;tol uyvl e v\ZtRoAtu\z =e ni y:Jt Jn rfUme vheGt byl wteKontudgt ni y:Jt Jn yvl e v\ZtRofUe dr; fuU mkck" bmk;tuMsl fUrhvtuxol n ;w; fUh vt;t/vt;e ni y:Jt rfUme yg fUthK muCe, rsmu cfUyvl ub= mumne YJkWra; vt;t ntu, fUe r:r; bcfUyrd{b fUe htrN fUe bl tne fUh mfU;t ni y:Jt CrJg bytih yr"fUyrd{b =tl l n fUh mfU;t ni>RmfUth yrd{b htufU r=Y stl ufUe r:r; bCwd;tl fUh =e dRohtrN fUtuRmfUhth fuUy"el vqKo}UK btl t stYdt ;:t ;=l wmth Jn y=tgde fuUy"el ntude> The Bank may decline to advance the amount or discontinue further advances at any time at its absolute discretion on the ground that the Borrower has found other means of assistance or that the Borrower had discontinued his/her studies or has failed in any examinations or has failed to produce satisfactory report of his/her studies and progress or for any other reason which the Bank at its absolute discretion may consider good and sufficient. In the event of such discontinuance the payments already made shall be deemed to be a completed loan under this Agreement and shall be repayable accordingly. 4. W"thfU;totht }UK fUe htrN fUt gtud fuUJt yvl e v\ZtRofUhl usimuJuN NwfUfuUCwd;tl , rJMg mumkckr"; vw;fU, tuFl mtbd{e YJk gkt fUtuFhe=, fUtptus/rJJrJ ttg fUt btrmfU NwfU, vheGt NwfU;:t Xnhl uYJkFtl uvel umumkckr"; ntuxt Faoytr=mumkckr"; gtusl nu;wrfUgt stYdt> The amount of the loan will be utilised by the Borrower only for the purposes of prosecuting his/her studies, such as payment of admission fee, expenses on books, stationery and instruments required for the course taken, monthly College/University fees, examination fees and hostel expenses fpr boarding and lodging. 5. gufUNiGrKfUJMofUe mbtrt fuUvat;TW"thfU;toyvl umk:tl fuU"tl , sntkJn yggl fUh hnt/hne ni, muJMofuU=tihtl ;:t JMto; btt rf Y dY VUt fuUmt:-mt: WmfuUytahK 382 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 fuUmkck" bYfUbtKvt ;w; fUhudt/fUhude>gr=RmfUth fUt btKvt ;w; l n rfUgt dgt y:Jt JMofuUrtY ;w; rfUgt dgt btKvt cfUtht mk;tuMsl fUl n vtgt dgt ;tuRmfUhth fUe N;tufuUy"el cfUfUtugn yr"fUth ntudt rfUJn (yvl urJJufUtl wmth) Rmbyg rfUme Jt;rJfU;t fuUntu;unwY CeWvgwo; viht 2 b}UK fUe htrN fuUmkck" bnwY fUhth fuUyl wmth fwUt htrN fUt Cwd;tl l n ntul fuUctJsq= ytih yr"fUrJteg mntg;t =tl fUhl t ck= fUh mfU;t ni>yvl uRmrJfUv fuUmt: cfUfUtugn yr"fUth ntudt rfUrtrF; btkd fuUtht =t }UK fUtuWmvh tdugts fuUmt: JtvmfUhl ufUe ct; fUnu> At the end of each academic year the Borrower will produce a certificate from the Head of the Institution at which he/she is studying, testifying the results achieved by him/her during and at the end of the year as well as about his/her conduct. If the said certificate is not produced or the certificate furnished for any year is not considered satisfactory the Bank will (in its absolute discretion) have the right to stop giving any further financial assistance to the borrower in terms of this Agreement notwithstanding the fact that the total amount of the loan as agreed to in Paragraph 2 above has not been disbursed to him/her. The Bank will be entitled at its option to recall the loan already given together with title interest accrued thereon, by a demand in writing. 6. W"thfU;toyvl ul tb bYfUseJl cebt vtprtme tudt/tude>gn vtprtme =t }UK fUe htrN fuU chtch y:Jt =e stl uJtte htrN fuUchtch fUe ntude ;:t W; vtrtme fUt rl grb; v mu erbgb y=t fUhfuUWmunbuNt attqyJ:t bhFudt/hFude>Jn W; vtprtme fUtucfUfuUvtm mbl w=rN; hFudt/hFude>gr= W"thfU;toyvl e seJl cebt vtprtme vh =ug rfUme erbgb fuU Cwd;tl baqfUfUh;t ni ;tucfUfUtugn Aqx ntude (rfkU;wJn RmfuUrtY ctg l n ntudt) rfU Jn Wmerbgb fUt Cwd;tl fUh =uYJkCwd;tl fUe dRohtrN fUtuW"thfU;tofuU}UK Ft;ub l tbuztt =u>l tbuztte dRohtrN }UK fuUYfUCtd fuUv bbtl t stYdt ;:t Wmvh Ce l eauviht-7 brl "torh; fUe dRogts =h fuUyl wmth gts tdtgt stYdt> The Borrower will take out a life insurance policy in his/her name for an amount at least equal to the total amount of the loan granted or agreed to be granted to him/ her and will keep the said policy alive at all times during his/her indebtedness to the Bank, by regular payment of premia thereon. He/she will assign the said policy in favour of the Bank. In case the Borrower commits default in payment of any premium due on his/her said life policy, the Bank shall be at liberty to (but not bound to do so) pay the same and debit the amount so paid to his/her loan account. The amount so debited will form part of the loan and will carry interest at the rate payable in respect of the loan as specified in para 7 below. 7. W"thfU;to}UK vh Cth;eg rhsJocfUhux muQvh........................% r; JMofUe =h mu gql ;b ........................ % r; JMoy:Jt gql ;b ........................% fUe =h muy:Jt 383 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 mbg-mbg vh cfUtht W"thfU;tofUtu=e dRomqal t fuUyl wmth rl "torh; =h mugts y=t fUhudt>gufUJMofuUyk; bcfUgts fUe dKl t fUhfuUWmhtrN fUtuW"thfU;tofuU}UK Ft;u bl tbuztt =udt> The Borrower undertakes to pay interest on the loan at the rate of ................... per cent per annum over Reserve Bank rate subject to a minimum of .................. per cent per annum or at such other rates as may be notified to the Borrower by the Bank from time to time. Such interest shall be calculated and debited to the loan account of the Borrower at the end of every year. 8. WvgwoUviht 5 br=Y dY tJ"tl tfuUy"el W"thfU;toyvl e v\ZtRo, rsmfuUrtY }UK =tl rfUgt dgt :t, vqhe fUhl ufuUYfUJMofuUct= muy:Jt Wmul tifUhe rbtl ufuUYfUbnel t fuU ct= mu, stuCe vntuntu, gts fuUmt: }UK fUtu60 btrmfUrfU;tbawfUt =udt> rl l rtrF; bmurfUme Ce Dxl t Dxl ufUe r:r; bW"thfU;totht mkvqKo}UK ;fUtt cfUfUtu =ug ntustYdt& fU) gts mrn; bqt "l fUe =turfU; rl g; ;theF fUtuCwd;tl l n rf Y stl uvh F) yrd{b mumkckr"; yg rl ck"l tYJkN;tuy:Jt Rmbrl rn; rfUme Ce N;tuYJkrl ck"l t fuUfUtgo-rl vt=l y:Jt vttl bW"thfU;totht rfUme Ce fUth fuUWkDl gt aqfUfUhl u fUe r:r; bgt Wvgwo; bmurfUme Ce Dxl t fuUDrx; ntul ufUe r:r; vh cfUfUt rl Kog W"thfU;tovh ykr;b YJkctgfUthe ntudt> Subject to what is provided in para 5 Supra the Borrower will repay the loan together with interest accrued thereon in 60 monthly instalments, starting from the expiry of one year from the date he/she completes the course of studies for which the loan was granted or one month from the date he/she gets employment whichever is earlier. Provided that the entire loan shall become forthwith due and payable by the Borrower to the Bank upon the happening of any of the following events; a) any two instalments of the principal monies inclusive of interest remaining unpaid on the due date for payment thereon. b) The Borrowers committing any breach or default in the performance or observance of any of the terms and conditions contained in these presents or any other terms or conditions relating to the advance. On the question whether any of the above events has happened, the decision of the Bank shall be conclusive and binding on the Borrower. 9. W"thfU;tocfU}UK fUe y=tgde fuU=tihtl mbg-mbg vh cfUfUtuyvl uv;u, vuNt ;:t ytg fuUcthubstl fUthe =u;t hnudt/ =u;e hnude 384 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 The Borrower will, during the period of his/her indebtedness to the Bank, keep the Bank informed of the change in his/her address, vocation and income from time to time. 10. W"thfU;tol ucfUfUtugn mqra; fUh r=gt ni rfUJn yrJJtrn; ni>gr= v\ZtRofUe yJr" fuU=tihtl WmfUt rJJtn ntust;t ni ;tucfUfUtugn rJJufUtr"fUth ntudt rfUJn gts mrn; }UK fUe ;whk; btkd fUhuYJk/ y:Jt RmfUhth fuUyk;do; ytih ytdu}UK =ul t ck= fUh =u ;:t }UK fUe gts mrn; rtrF; v bbtkd fUhu> The Borrower has informed the Bank that he/she is unmarried. If during the period of the course of studies undertaken by him/her, he/she gets married, the Bank will have the discretion to immediately call back the loan and interest and/or to stop allowing further loan under this Agreement and recover the loan and interest accrued thereon on demand in writing. 10.(fU) sc ;fUcfUfUtumCe htrNgtfUt, atnuJn rvAte ntu, J;obtl fUe ntugt CrJg fUe ntu, Jt;rJfUntugt ytl wMkrdfUntustuW"thfU;totht =ug ntuy:Jt rsmfuUrtY W"thfU;toawfUtl u fUt =tge ntuy:Jt cl stY y:Jt atnuJn bqt fuUv bntuy:Jt r;Cqr; fuUv b W"thfU;tomnb; ntu;t ni rfUcfUfuUvtmhFe mCe r;Cqr;gtvh YJk/y:Jt cfUfuUvtm hFe htrN y:Jt W"thfU;tofuUrtY rfUme Ce Ft;ubhFe sbt, atnuJn rfUme Ce fUtgonu;w ntuy:Jt simt Ce ntu, Wmvh cfUfUt d{nKtr"fUth YJk/ y:Jt Gr;vqKofUt d{nKtr"fUth hnudt>cfUfUtugn Aqx ntude rfUW"thfU;tofUtu=ug;t YJk=trgJ fUtuvqht fUhl ufuUrtY Wvgwo; r;Cqr;gtfUturzatsofUh mfuU;:t begt=e sbt fuUbtbtub, atnuJn Cwd;tl nu;w vrhvJ ntudgt ni y:Jt l n ;:t cfUrsmv batnu;:t W"thfU;tofUturcl t mqal t r=Y (YJkJt= =tgh fUhl uy:Jt rJr"fUfUthoJtRoNw fUhl ufuUvqJogt ct= b) mbtgturs; y:Jt Jmqt fUh mfU;t ni>cfUyvl utht ytfUrt; rfUme htrN fUe Wm=trgJ fUe htrN fuUv bm=TCtJl t fuUmt: mux-ytpVUfUh =udt> (a) Until payment is made to the Bank of all the amounts, whether past present or future, actual or contingent, which may be payable by the borrower or for which the borrower may be or become liable hereunder or otherwise and whether as principal or surety, the Borrower agrees that the Bank shall have a lien and/or right of set off on all securities and/or monies whatsoever held at any time by the Bank on account of or to the credit of the Borrower in or for any account or manner or purpose howsoever. The Bank shall be at liberty to discharge the said obligations or liabilities of the borrower out of the said securities and/or monies, and in case of term deposits, whether the same have matured for payment or not, and may appropriate or realise them in the manner thought fit by it and without notice to the Borrower (and whether before or after filing suit or taking any legal proceedings). The Bank may set off an amount estimated by it in good faith to be the amount of that obligation. 385 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 10(F) W"thfU;tofUtur=Y stl uJttu}UK/yrd{b/yg dih-rl r" yt"trh; }UK mwrJ"tytfuUrtY YfUvqJo N;ofuUv bcfUfUtuW"thfU;tomuRmct; fUe mnbr; tt fUhl t she ni rfUJn W"thfU;totht tt fUe dRo/ tt fUe stl uJtte }UK mwrJ"tytmumkckr"; mqal t ytih ytkfU\zu< W"thfU;totht "trh;/"trh; fUe stl uJtte ;mck"e =ug;tytytih WmfuUvttl bW"thfU;totht fUe dRoaqfU(gr= fUtuRontu) fUtufUx fUh mfU;t ni> (ii) ;=l w mth W"thfU;toY;=T tht Jef] Ur; ytih mnbr; =u ;t ni rfUcfUgr=Wra; ytih ytJgfU mbSu;tu}UK mqal t gqhtu(Cth;) rt. ytih RmfuUrtY Cth;eg rhsJocfUtht tr"f]Ur; rfUme yg Ysme fUturl l rtrF; mCe gt RmfUth fUe fUtuRoCe stl fUthe =umfU;t ni& fU) W"thfU;tofuUcthubmqal t ytih ytkfU\zu< F) W"thfU;totht tt fUe dRo/tt fUe stl uJtte }UK mwrJ"tytmumkckr"; mqal t gt ytkfU\zu, ytih d) Wl =trgJtfuUvttl fUW"thfU;totht fUe stl uJtte aqfU, gr= fUtuRontu> (iii) W"thfU;togn DtuMKt fUh;t ni rfUWmfuUtht cfUfUtu=e dRomqal t ytih ytkfU\zumg ytih mne ni> (iv) W"thfU;togn Jal =u;t ni rf U& fU) }UK mqal t gqhtu(Cth;) rt. ytih Rm;hn mutr"f]U; fUtuRoYsme cfUtht fUx fUe dRoW; mqal t ytih ytkfU\zt fUt Wvgtud ;:t mkmt"l fUh mfU;t ni<;:t F) }UK mqal t gqhtu(Cth;) rt. ytih Rm;hn mutr"f]U; fUtuRoYsme mkmtr"; mqal t ytih ytkfU\zt gt yvl utht rl rbo; WmfuUWvt=tfUtuCth;eg rhsJocfUtht RmfuU rtY rl r=o cfUt/rJteg mk:tytfUturJatht:o;w; fUh mfU;t ni> (b) As a pre-condition, relating to grant of the loans/advances/other non-fund based credit facilities to the borrower, bank requires borrowers consent for the disclosure by the bank of information and data relating to the credit facility availed of/to be availed, by borrower, obligations assumed/to be assumed by borrower, in relation thereto and default, if any, committed by borrower in discharge thereof. (ii) Accordingly, borrowers hereby agree and give consent for the disclosure by the Bank of all or any such; a) information and data relating to borrower, b) the information or data relating any credit facility availed of/to be availed, by borrower, and c) default, if any committed by borrower in discharge of borrower such obligation, as the Bank may deem appropriate and necessary, to disclose 386 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 and furnish to Credit Information Bureau (India) Ltd., and any other agency authorised in this behalf by RBI. (iii) Borrowers declare that the information and data furnished by borrower to the Bank are true and correct. (iv) Borrowers undertake that: a) the Credit Information Bureau (India) Ltd., and any other agency so authorised may use, process the said information and data disclosed by the Bank; and b) the Credit Information Bureau (India) Ltd., and any other agency so authorised may furnish for consideration, the processed information and data or products thereof prepared by them, to banks/financial institutions and other credit guarantees, as may be specified by the Reserve Bank of India in this behalf. 11. cfUdthkxefU;toytfuUyl whtu" vh rJath fUhl ufuUvat;TW"thfU;tofUtu........................... ............................................. h. fUe htrN gntWrrF; N;tuYJkrl ck"l tvh yrd{b fuU v b=tl fUhl uvh mnb; ni ;:t dthkxefU;toytd-ytd YJkmkgw; v murl "torh; gts =h vh ;:t gts mrn; ....................................h. fUe htrN fuUCwd;tl fUe dthkxe =tl fUh;un ;:t yg mCe "l , ttd;, Cth ;:t gg fUtu, stuRmfUhth fuUy"el y:Jt rl r" fuUtht gt yg ;hefuUmuW"thfU;tomucfUfUturfUme Ce mbg =ug YJkCwd;tl gtug ni ;:t gntrl rn; yg N;tuYJkrl ck"l tfUt vttl YJkfUtgorl vt=l ;:t W"thfU;tofuUrtY Ce WmfUt vttl YJkW"thfU;totht Rl N;tuYJkrl ck"l tfuUvttl bWkDl fUhl ufUe =Nt bcfUtht WXtRodRomCe ntrl YJkGr; fUtucN;uogntRmct; fUt v fUhth YJkDtuMKt fUe st;e ni rfUcfUtht W"thfU;tofUtuW; }UK y:Jt gts fuUCwd;tl fUtutt fUhl u brfUme fUth fUe WvuGt gt :dl =tl fUhl uvh y:Jt W"thfU;tofUtugntkrl rn; N;tuYJk rl ck"l tfuUvttl YJkrl vt=l bAqx =tl fUhl uYJkW"thfU;totht vttl YJkrl vt=l rf Y stl uy:Jt W; }UK fuUCwd;tl bcfUtht W"thfU;tofUturfUme fUth fUt mbg r=Y stl u fUe yJ:t bgn dthkxefU;totht =tl fUe dRodthkxe YJksthe =trgJ fUturfUme Ce fUth muCtrJ; gt r;fqUt l n cl tYdt> In consideration of the Bank having at the request of the Guarantors agreed to lend and advance to the Borrower the said sum of Rs. .................................... upon and subject to the terms and conditions hereinbefore mentioned the Guarantors do hereby j oi ntl y and several l y guarantee the due repayment of the sai d sum of Rs. ........................... together with interest thereon at the rate and in the manner aforesaid and all other monies, costs, charges and expenses which meant any time 387 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 be due and payable to the Bank from the Borrower under this Agreement or by operation of law or otherwise by the Borrower and due performance and observance of other terms and conditions herein contained and on the part of the Borrower to be observed and performed and also all loss and damage that may be suffered by the Bank on account of the breach of term and conditions by the Borrower PROVIDED ALWAYS AND IT IS HERE8Y EXPRESSLY AGREED AND DECLARED that any neglect or forbearance of the Bank in endeavouring to obtain payment of the said loan or interest or any indulgence given to the Borrower in the observance and performance of the terms and conditions herein contained and on the part of the Borrower to be observed and performed or any time being given by the Bank to the Borrower for the payment of the said loan shall not in any way affect or prejudice the guarantee or the continuing liability of the Guarantors hereby guaranteed. 12. RmfUhth fuUy"el dthkxefU;tofUe =ug;t W"thfU;tofuUmt:-mt: ntude YJksc ;fUcfUfUtu W"thfU;tomumCe Cwd;tl vqhe ;hn tt l n ntust;t ni ;c ;fUgn =ug;t yvl uvqKoCtJ fuUmt: sthe hnude> The liability of the Guarantors under this Agreement shall be co-extensive with that of the Borrower and it shall continue to be in force and will remain operative and in full effect till all the dues of the Bank from the Borrower under these presents are fully paid and satisfied. 13. cfUfUtugn Aqx ntude rfUJn dthkxefU;tofUturcl t RmfUe mqal t r=Y cdih W"thfU;tomu r;Cqr; tt fUh mfU;t ni y:Jt W"thfU;tofUtur;Cq; ttixt mfU;t ni>Yume rfUme Ce r:r; bdthkxefU;tofUe =ug;t vh fUtuRoCth l n v\zudt> The Bank shall be at liberty to accept any security from the Borrower or part with the same without notice to the Guarantors. The liability of the Guarantors shall remain unaffected in any such event. 14. cfU;:t W"thfU;totht rfUme Ft;ufuUrl vxtl y:Jt W"thfU;totht JefUth fUe dRohtrN rl agtbfUbtK ntudt rfUdthkxefU;tofuUvtmCe gn htrN cfUtgt ni>W"thfU;totht y:Jt W"thfU;totht tr"f]U; rfUme gr; tht rtrF; v muJefUthtur; gt vtJ;e r=Y stl ufUe cfUfUt W"thfU;tofuUvtmgn htrN cfUtgt ni, dthkxefU;tofuUQvh Ce gn ctgfUthe YJk rl agtbfUntudt ;:t dthkxefU;tofUe ;hVUmumbg-mbg vh Rm;hn fUe vtJ;e =tl fUhl u fuUrtY W"thfU;tofUtudthkxefU;tofuUYsx fuUv bbtl t st mfU;t ni> Any account settled by and between the Bank and the Borrower or admitted by the Borrower will be conclusive evidence of the amount due from the Guarantors also. Any admission or acknowledgement in writing by the Borrower or by any person 388 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 authorised by the Borrower of the amount of indebtedness of the Borrower to the Bank shall be binding and conclusive on and against the Guarantors and the Borrower shall be the agent of the Guarantors or giving such acknowledgements from time to time on behalf of the Guarantors. 15. W"thfU;tofuUrJh yvl e cfUtgt htrN fUe Jmqte fuUrtY cfUfUtugn yr"fUth ntudt rfU Jn W"tfU;tofuUrJh fUthoJtRogt cfUtht mbg-mbg vh Ft;ub"trh; rfUme Ce r;Cqr; fUtumbtt rfY cdih dthkxefU;tofuUrJh fUthoJtRofUhu> The Bank shall be entitled to proceed against the Guarantors for the recovery of its dues outstanding against the Borrower without proceeding against the Borrower or exhausting any of the securities that may at any time be held by the Bank in the account. 16. cfUfUtu=ug YJkcfUtgt ;:t tt fUtuRohtrN mbg-mbg vh cfUtht JrJJufUtl wmth rl "torh; fuUyl wmth (cN;uocfUWmhtrN fUtumbg-mbg vh rl "torh; fuUyl wmth sc ;fUatnuWak; Ft;ubsbt l fUhu) rcl t Wvgwo; fuUr; r;fqUt CtJ hFutt htrN rl l rtrF; vtb mbtgturs; fUe stYde& i) :b;&rl "torh; ntrl ;:t yr;rh; gts (yCtrh; gts mrn;) fUe b= b< ii) r;eg;&Ctrh; gts fUe b= b< iii) ;];eg;&cfUtht FaorfY dY gtg YJkttd;, fUth fUe b= bYJk< iv) yk; bcfUtgt bqt "l fUe b= b< Any money due and payable to the Bank and received by the Bank shall be applied in such order as the Bank in its absolute discretion may from time to time conclusively determine (save that the Bank may credit the same to a suspense account for so long and in such manner as the bank may from time to time determine). Without prejudice to the above, the monies received shall be appropriated in the following manner: i) Firstly, towards liquidated damages and further interest (including uncharged interest); ii) Secondly, towards interest charged; iii) Thirdly, towards costs, charges and expenses incurred by the Bank; and iv) Lastly, towards the principal amount due. 17. b/nb Y;=Ttht cfUtht bwSu/nbr=Y dY }UK/yrd{b fUe vqJorl "torh; N;tufuUyl wmth rl g; 389 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 ;theF fUtub/nb gr= }UK/yrd{b fUe awfUti;e bgt gts fUe awfUti;e bgt }UK fUe rfUme Ce rfU; fUe awfUti;e baqfUfUhl uvh cfUfUtuYJk/y:Jt Cth;eg rhsJocfUfUtuvqKo yr"fUth ntudt rfUJn buht/nbtht l tb gt nbthe fkUvl e/VUbo/gqrl x YJkWmfuUrl =uNfUt/Ctde=tht/ JJr"fUtrhgtfUt l tb cfUgt Cth;eg rhsJocfUyvl uJrJufUtl wmth simt Wra; mbSuYJk rsmbtgb muWra; mbSuaqfUfU;tofuUv bWstdh fUhJt gt AvJt mfU;t ni> I/We hereby agree as a pre-condition of the loan/advances given to me/us by the bank that in case I/we commit default in the repayment of the loan/advances or in the repayment of interest thereon or any of the agreed instalment of the loan on due date/s, the bank and/or the Reserve Bank of India will have an unqualified right to disclose or publish my/our name or the name of our company/firm/unit and its directors/ partners/proprietors as defaulter in such manner and through such medium as the bank or Reserve Bank of India in their absolute discretion may think fit. RmfuUmtg bRl =;tJustvh W"thfU;toYJkdthkxefU;toytl uWvgwo; r=l tkfUYJkJMobyvl u n;tGh rf Y> WITNESS WHEREON THE BORROWER and the GUARANTORS have hereunder set their respective hands on the date and year first mentioned above. .......................................................... (W"thfU;to/ Borrower) 1. ........................................................... (dthkxefU;to/ Guarantor) 2. ........................................................... (dthkxefU;to/ Guarantor) 390 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y/A-58 gq fUtucf UCO BANK .............................................NtFt/ BRANCH DtuMKt-mn-fUhth vt _ seJl cebt vtprtmer;Cqr; fuUrJh yrd{b LETTER OF DECLARATION CUM AGREEMENTADVANCES AGAINST SECURITY OF LIFE POLICY rg bntu=g, Dear Sirs, yvl u/nbthuvtprtme mk.................................................... fuUc;tih r;Cqr; buhu/nbthutht }UK rtY stl ufuUmk=Cobb/nb gn DtuMKt fUh;t nq/fUh;e nq/fUh;un rfUWvgwo; vtprtme mkgt/ mkgtYk Cthd{; l n ni/n ytih rfUr=l tkfU......................................vh/ fUtuytvfUtumbl w=uNl muvqJobl u/ nbl urJtuF tht fUtuRombl w=uNl l n rfUgt ni> With reference to the loan taken by me/us on the security of my/our Policy(ies) No(s) ...................................................... I/We hereby declare that the above policy(ies) is/are free from encumbrances and that I/we have not made any assignment by deed prior to assigning in your favour on ............................................................ 2. b/nb Wvgwo; vtprtme(gt) vh sc fUCe rfU; (yr"bqg) cfUtgt/ vrhvJ ntul uvh cebt rfU; Cwd;tl fUhl uytih ytvfuUmgtvl nu;whme= =ul ufUtumnb= nq/ n>buhu/ nbthutht rfUme rfU; fuU Cw d;tl fUhl ufu Ubtbtub , b /nb c fUfUtutr"f] U; fUh;t nq / fUh;enq / fUh;un rfUJn yvl uJrJJu fUtl w mth Wvgwo; vtprtme(gt) vh rfU; Cwd;tl fUhl t sthe hF mfU;t ni ytih b/nb }UK htrN fuUyr;rh; buhu/nbthuW"thtfuUmkck" bbuhu/nbthutht stuCe Cwd;ug ntudt gts fUe mkrJ=tst; =h mbu; Yumu rfU;tfUe htrN fUt vwl Cwod;tl fUhl ufUtumnb; nq/n> I/We agree to pay insurance premium on the above policy (ies) when due and handover the receipts to you for verification. In case of any payment of premium by me/us, I/we authorise the Bank at its discretion to continue paying premiums on the above policy (ies) and I/we agree to repay the amount of such premiums together with the contractual rate of interest as payable by me/us in respect of my/our borrowings in addition to the amount of the loan. 3. b/nb cfUfUtuyvl umkvqKoJrJJufUtl wmth vtprtme(gt) fUtucebt fkUvl e fUtuygvoK fUhl ufuUrtY tr"f]U; fUh;e nq/ fUh;t nq/ fUh;un> 391 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 I/We authorise the Bank to surrender the policy (ies) to the Insurance Company on the Banks absolute discretion. 4. c/nb Rmct; vh mnb; nq/ n rfUvtprtme (gt) yrd{b YJkytdu=e stl uJtte yrd{b nu;w c;tih m;; r;Cqr; sthe hnde> I/We also agree that the policy (ies) shall be a continuing security for the advance and any further advance that may be made. 5. buhe/nbthe ytgwr=l tkf ..................................................fUtu.......................................(vhtkfUl / v]tkfUl fuUtht) JurN; ni/ n> My/Our age has been admitted ....................................... on.............................. (vide endorsement 6. cfUfUtumb; fUth fUe htrN fuUCwd;tl rf Y stl u;fUatnuJn Cq;, J;obtl y:Jt CrJ, Jt;rJfUy:Jt mkCtg ntu, stubuhu/nbthutht Cwd;ug ntumfU;t ni/ mfU;un y:Jt rsmfuUrtY b/ nb l eaur=Y dY ;hefuUy:Jt yg:t c;tih bwg }UKe y:Jt sbtl ;e rsbuJth ntumfU;un, Rm Jt; vh mnb; n rfUcfUfuUvtmrfUme Ce gtusl t:oy:Jt v brfUme mbg rJNuMvh buhu/ nbthuFt;uy:Jt Ft;ubhFl unu;wsbt y:Jt htrNgty:Jt ytih mb; r;Cqr;gtvh cfUfUtu d{nKtr"fUth y:Jt :tvl tr"fUth (mux ytpVU) tt hnudt>cfUfuUvtmWvgtu; r;Cqr;gtb/vh ytih y:Jt htrNgtytih mtJr" sbt fuUbtbtub, atnuJn Cwd;tl nu;wvrhvJ nwyt ntuy:Jt l n, vh buhu/nbthuWth=trgJtfUtuWbtura; fUhl u;:t Wnmbtgturs; fUhl uy:Jt Jmqtl u, simuCe Jn Wra; mbSu, nu;wJ;kt ntudt ytih cfUm=CtJl tvqJofUyl wbtrl ; htrN fUtuytCth htrN fUe ytuh bwSu/nb mqal t r=Y rcl t (ytih atnuJn Jt==trFt fUhl ugt fUtl ql e fUthoJtRofUhl umuvqJontuy:Jt vat;) :trv; fUh mfU;t ni> Until payment is made to the Bank of all the amounts, whether past, present or future, actual or contingent, which may be payable by me/us or for which I/we may be or become liable hereunder or otherwise and whether as principal or surety, I/we agree that the Bank shall have a lien and/or right of set off on all securities and/or moneys whatsoever held at any time by the Bank on my/our account or my/our credit or for any account or manner or purpose howsoever. The Bank shall be at liberty to discharge my/our liabilities out of the said securities and/or moneys and in case of Term deposits, whether the same have matured for payment or not and may appropriate or realise them in the manner thought fit by it and without notice to me/us (and whether before or after filing suit or taking any legal proceedings) the Bank may set off an amount estimated by it in good faith to be the amount of that obligation. 392 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 7. cfUfUtutt ytih cfUfUtuCwd;ug ;:t =ug fUtuRoCe htrN RmfUth fuUf{b byl wgw; rf Y stYkdusimurfUcfUJrJJufUtl wmth mbg-mbg vh rl KogbfUv murl "torh; fUhu(RmfuUyr;rh; rfU cfUsimumbg-mbg vh rl "torh; fUhusimuytih sc ;fUatnuWmuWak; Ft;ubsbt hF mfU;t ni)> Any money due and payable to the Bank and received by the Bank shall be applied in such order as the Bank in its absolute discretion may from time to time conclusively determine (save that the Bank may credit the same to a Suspense A/c. for so long and in such manner as the Bank may from time to time determine). Wvgwo; fuUvqJtod{n fuUrcl t, tt fUe dRohtrN rl l vuK mbtgturs; fUe stYde& Without prejudice to the above, the moneys received shall be appropriated in the following manner: ii) :b;&rl Keo; nstol t YJkydtugts (yCtrh; gts mbu;) fUe ytuh Firstly, towards liquidated damages and further interest (including uncharged interest); ii) r;eg;&, gts Cth fUe ytuh Secondly, towards interest charge; ii) ;];eg;&cfUtht WXtY dY FatuYJkCtht, bqgtfUe ytuh ;:t Thirdly, towards costs, charges and expenses incurred by the Bank; and ii) y;;&, cfUtgt bqt fUe ytuh> Lastly, towards the principal amount due. CJ=eg Yours faithfully, 393 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-65 gq fUtucf UCO BANK .......................................... BRANCH Date ................................. 200 ......... Dept. .................................... Messrs ................................................................ ................................................................ ................................................................ Dear Sir(s), We beg to advise that your Cash Credit Account is overdrawn by Rs. .............................. in excess of the limit of Rs. ..................................... sanctioned by the Bank. We shall be glad if you will kindly adjust the account at your early convenience. Yours faithfully, Manager 394 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y/ A-68 gq fUtucf UCO BANK btuxh fUth/btuxh mtRrfUt/fqUxh/btuvuz/mtRrfUt fUe Fhe= nu;w fUboathegtfUtur=Y stluJttu}UK fuUrtY ytJu=l-vt APPLICATION FOR LOAN TO STAFF FOR THE PURCHASE OF A MOTOR CAR / MOTOR CYCLE / SCOOTER / MOPED / CYCLE mntgfUbntck"f / bkzt ck"fU The Asstt. General Manager / Divisional Manager gqfUtucfU/ UCO BANK "tl / bkzt....................................................fUtgtotg Head / Division .............................................. Office ............................................................ (:tl / Place) rg bntu=g/ Dear Sir, b ytvfUt ytCthe hnqkdt/ hnqde gr=ytv bwSuyvl uWvgtud fuUrtY btuxh fUth/ btuxh mtRrfUt/ fqUxh/ btuvuz / mtRrfUt Fhe=l unu;wh.................................... (hvgu............................................... ..........................................................................................................) btt fUt }UK Jef]U; fUhstu (1) Fhe=ustl uJttuJtnl fuUJt;rJfU/ rl "torh; bqg fUt 80%/ 90%n gr=(2)Fhe=ustl uJttu Jtnl fuUDxtY dY bqg fUt 80%n>b Rm}UK fUtuawfUti;e }UK mkck"e cfUfuUrl gbtfuUyl wmth fUdt/fUode rsnbil uv\Zt n ytih rsl fUt y:obl umbSt ni ;:t rsnbtl l ufuUrtY b mnb; nq>}UK fUe awfUti;e h. ................................................. fuU30 / 60 / 84 / 200 btrmfUrfU;e b fUe stgude>b cfUtht g:tvurG; =;tJustfUtucfUfuUvG brl vtr=; fUhl ufuUrtY mnb; nq> gr=gn }UK bwSuJef]U; rfUgt st;t ni ytih b RmfUt WvCtud fUh;t nq/ fUh;e nq;tub RmfuUtht yvl uJu;l mubtrmfUrfU;tfUtuJmqt fUhl ufUtuytvfUtuyvrhJ;ol eg yr"fUth =u;t nq/ =u;e nq>}UK fUt rJ;hK..................................................... NtFt tht rfUgt stg> To enable me to purchase a Motor Car / Motor Cycle / Scooter / Moped / Cycle for my use, I shall be thankful if you will please sanction me a loan of Rs. ............................. (Rupees ............................................................................................. only) being (1) 80% / 90% of the actual/scheduled price of the vehicle proposed to be purchased. OR (2) 80% of the 395 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 depreciated cost of the vehicle proposed to be purchased. The loan will be repaid by me according to the Banks Rules for such loans which I have read and the implications of which I have understood and I agree to abide by the same. Repayment will be made in 30 / 60 / 84 / 200 monthly instalments of Rs. ....................................... I agree to execute in favour of the Bank such documents as may be required by the Bank. If the loan is sanctioned and is availed of by me, I hereby give you irrevocable authority to recover the monthly instalments from my salary. The loan may be disbursed through ............................................... Branch. *buhucthurl l rtrF; rJJhK yrJtc stl fUthe nu;wr=gust;un _ *The following particulars about myself are given for ready information C0rl 0mk0 mkgt.................................. P. F. M. No. 1. l tb/ Name : 2. v=l tb ytih ;il t;e fUe :tl & Designation and place of posting 3. v=Cth d{nK fUhl ufUe ;theF / Date of joining : 4. sb fUe ;theF / Date of Birth : 5. ytJu=l fUe ;theF fUe tt Ju;l & Remuneration drawn on the date of Application (fU) bqt Ju;l (a) Basic Salary (F) bndtRoCtt (b) Dearness Allowance (d) bfUtl rfUhtgt Ctt (c) House Rent Allowance yg CttfUt WuF fUh Other Allowance to be specified fwUt h./ Total Rs. ....................................... (D) Ju;l mufUe stl uJtte fUxtir;gtfUt gtiht& (d) Details of deductions made from salary 396 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 CrJg rl r" ykN=tl / Provident Fund Contribution : h./Rs. ytgfUh/Income Tax : h./Rs. cebt erbgb/Insurance : h./Rs. }UK fUe rfU;/Loan Instalments : h./Rs. *yg fUxtir;gt(WuF fUh) *Other deductions to be specified fwUt h./Total Rs. .................................... Nw Ju;l & (Net) Take-Home Pay h./Rs. ................................................ 6. cfUfuUr; =ug;tytytih yg ctnhe =ug;tytfuUgtihu& Details of liabilities to the Bank and other outside liabilities yts fUe ;theF b btrmfUrfU; fUe =ug htrN htrN Amount due on Amount of monthly date instalments h./Rs. h./Rs. (i) cfUfUtu/ To Bank (ii) CrJg rl r" fuUrtY/ To Provident Fund (iii) d]n-rl btoK fuUrtY/To Housing Loan (iv) yg ctnhe =ug;t (gtihu=) Other outside liabilities (give details) fwUt/ Total 397 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 7. Fhe=ustl uJtte Jtnl fUt rJJhK& Particulars of vehicle proposed to be purchased (i) bufU Make (ii) yJ-Nr; Horse Power (iii) rl btoK JMo Year of manufacture (iv) rl bto;t fuUcesfU/ rJf{u;t fUhth fuUyl wmth ttd; (bqt gt btrK; r; mktl fUe stY) Cost as per manufacturers invoice/sellers Agreement (original or certified copy to be enclosed) 8. vnte WvCtud rfY dY Jtnl }UK (}UKt) fUt, gr= fUtuRontrJJhK& Particulars of vehicle Loan(s), if any, availed of in the past (i) WvCtud fUhl ufUe ;theF & Date(s) of availment (ii) Jef]U; }UK (}UKt) fUe htrN& Amount of Loan(s) sanctioned (iii) fUc mbtgturs; rfUgt dgt& When adjusted CJ=eg/ Yours faithfully, yl wtl fU/ Enclo : :tl / Place : n;tGh/ Signature ;theF / Date : NtFt/ rJCtdeg rxvKe Branch / Departments Note 398 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 btrK; rfUgt st;t ni rfU Certified that - (i) b Wvgwo; b= mk. 6(vi) br=Y dY rJJhK fUtuAtu\zfUh ctfUe mCe rJJhKtfUe rJr"J;Tstka fUe ni ytih Wnmne vtgt ni ;:t Wvgwo; b=mk. 6 (vi) br=Y dY rJJhK Ce buhe mJtuotb stl fUthe YJkrJJtmfuUyl wmth mg ni> The particulars given above with the exception of item 6(vi) therein have been duly verified by me and found correct while the particulars furnished under item 6(vi) above are true to the best of my knowledge and belief. (ii) fUboathe fUtuvntufUtuRoJtnl }UK Jef]U; l n rfUgt ni/ gn ytJu=l -vt/ =qmhu/ ;emhuJtnl }UK fuUrtY n>* No vehicle loan has been sanctioned previously to the employer / this is an application for second / third vehicle loan* rmVUtrhN fUe st;e ni/ l n fUe st;e ni/ gtrfU* Recommended / Not Recommended / because* ............................................................................................................................................. ............................................................................................................................................. ........................................................................ mnt ck"f / ck"fU/ bwg yr"fUthe Asst. Manager/Manager/Chief Officer NtFt/ fUtgtotg& Branch / Office ;theF / Date : *(f]Uvgt stuttdql ntuWmufUtx =)>*(Please score out the inapplicable) 399 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 yl wNtme fUtgtotg fUt rJrl a& Decision by Sanctioning Office gtusl t fuUyl wmth h....................................... (hvgu............................................................... ....................................................btt) Jef]U; Sanctioned Rs. .............................................. (Rupees .......................................................... ..................................... Only) as per scheme .............................................. :tl / Place Wv bntck"fU/ mnt0 bntck"fU/ bwg yr"fUthe/ bkzt ck"fU Dy. General Manager/Asstt. General Manager Chief Officer/Divisional Manager l tux &ytJu=l -vt ;el r;gtb;w; rfUgt stY ;:t RmfUe =tur;gtrl bto;t fuUcesfU/gtvthe fuUrl Jur=; btkd/rJf{u;t fUhth fUe bqt gt btrK; r; fuUmt: YJkWvfUhK fuUttd; ytih Cth fUt vqht gtiht =u;unwY yl wNtme fUtgtotg fUtuurM; fUe stY> Note : The application should be submitted in triplicate and two copies of it should have Manufacturers invoice/Dealers quotation / Sellers Agreement giving full details of cost of accessories and other charges as well. 400 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y/A. 88ce/B gq fUtucf UCO BANK ............................................................ ............................................................ rg bntu=gdK, Dear Sirs, bu hu /nbthuyl w htu " vh bu hu /nbthuFt;ubYJkbu hu /nbthuYfUbtt VUtg=ufu UrtY........................................ .......................................................................................................................................................... fuUvt b(rsmuRmbRmfuUvat;TIIW; rn;tr"fUtheOOfUnt dgt ni) r=l tkfU................................... fUtuYfUdthkxe, rsmfUtuYfUr; RmfuUmt: mktl ni ytih rsmuRmbRmfuUvat;TIIW; dthkxeOOfUnt dgt ni ytih stuRmr;dthkxe fUt YfUykN ntudt, ytvfuUtht rl vtr=; rf Y stl uytih WmfuUy"el hnl uJttu=trgJtfUt Cth yvl uQvh tul ufuUr;VUtJv b/nb RmfuUtht fUhth fUh;t nq/fUh;un rfUb/nb RmfuUvat;TW; dthkxe fUtu=tl rf Y stl uYJkrl vtr=; rfUY stl ufuUfUthK gt WmfuU vrhKtbJv nbuNt ytvfuUtht WXtRost mfUl uJtte, Jnl fUe st mfUl uJtte, ytvfuU=trgJt"el ntust mfUl uJtte gt ytvfuUtht Wvd; fUe st mfUl uJtte mCe ntrl , Gr;, ttd; Cth YJkFao ;:t W; dthkxe mumkm; gt WmfuUmkck" bytvfuUrJh fUe dRogt ;w; fUe dRomCe fUthoJtRo, Jt=, fUtgoJtne, =tJuYJkbtkd fuUr; ytvfUe Gr;vqr;ofUkdt/fUhduytih ytvfUtuntrl hrn; YJkGr;vqrh; hFqkdt/hFdu> In consideration of your having executed, at my/our request on my/our account and or my/our sole benefit a guarantee dated ..................................................... in favour of ....................................................................................................................................................... (hereinafter called the said beneficiary) and undertaking the obligations thereunder, a copy of which guarantee is hereto annexed and is hereinafter called the said guarantee and which shall form part of this counter guarantee, I/we do hereby agree to in indemnify you and hold you harmless and indemnified at all times hereafter against all loses, damages, costs, charges and expenses which you, may sustain or suffer or be put to or may become liable or incur by reason or as a consequence of your having given and executed the said guarantee and also against all actions, suits, proceedings, claims and demands whatsoever made or preferred against you in relation to or arising out of or in connection with the said guarantee. 401 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Rmr;dthkxe fuUy"el buhu/nbthuJ;obtl gt CrJg fuU=trgJtfUtuvqKo;> ykN;&vqht fUhl u fuUrtY b/nb gn Ce fUhth YJkJal ck" fUh;t nq/fUh;un rfUytvfuUtht bwSu/ nb=e dRo3(;el ) r=l fUebtkd l turxmvh b/nb ytvfUtu............................................................................................b Yume htrN fUt, rsmfuUCwd;tl fUe yvuGt ytvmuW; dthkxe fuUy"el fUe stY ytih/gt YumumCe =tJu fUe htrN fUt, stuW; dthkxe fuUy"el gt WmfuUmkck" bytvfuUrJh fUe stY gt ;w; fUe stY ;:t ytvfuUYumumCe gts, ttd;, Cth YJkFaofUt, stuW; dthkxe fuUrl ck"l tfUtuvqht fUhl u ytih/gt rJrl bg bW;th-a\ZtJ fuUfUthK dthkxe fUe htrN bnwRorfUme J]r fuUmkck" bytvfuUtht Wvd; fUe stY ytih ytvfuUtht =ug ntuytih/gt RmfuUy"el bwSmu/nbmu=ug rfUme "l fUtuJmqt fUhl ubytvfuUtht FaofUe stY, Cwd;tl fUdt/fUhdu> For the fulfilment in part or in whole of me/our present or future obligations under this counter guarantee, I/we also agree and undertake to pay to you at .................................. ........................................................................ on 3 (three) days notice of demand being made on me/us the amount which you may be called upon to pay under the said guarantee and/ or amounts of all claims which may be made or preferred against you under or in relation to the said guarantee including all your interests, costs, charges and expenses which may be incurred by you or become payable by you in connection with fulfilment of the terms of the said guarantee and/or any increase in the amount of the guarantee due to exchange fluctuation and/or any sums spent by you in recovering moneys due from me/us hereunder. b/nb W dthkxe fuUmkck" byvl ucal ck" fuUv bgn Ce yrCrtrF; fUh;t nq/fUh;un rfUW; rn;tr"fUthe tht btkd rf Y stl uvh ytv yvl uvqKoYJkbw; rJJufUtr"fUth fuUy"el W; btkd fUe rJr"btg;t, ytirag gt Ji";t fuUl vh gtl r=Y rcl t ytih bwSu/nbrl =uorN; rfUY rcl t W; dthkxe fuUYume vqhe htrN gt WmfuUCtd fUt Cwd;tl fUhl ufuUnfU=th ntdursmfUe yvuGt W; rn;tr"fUthe tht ytvmufUe stY ;:t bwSu/nbytvfuUtht rfUY stl uJttuYumCwd;tl fuUcthubl fUhl ufUt fUtuRoyr"fUth l n ntudt ytih b/nb RmfuUtht ytc ntuQkdt/ntdu> I/We also place on record as my/our undertaking in connection with the said guarantee that on demand from the said beneficiary you will be entitled in your own absolute and unfettered discretion to make payment of the whole or part of the amount of the said guarantee as you may be called upon to do by the said beneficiary without going into the question of validity, propriety or legality of the said demand and without any reference to me/us and that I/we shall not have any right to question in anyway whatsoever your making such payment but shall be bound by it. b/nb ytdufUhth fUh;t nq/fUh;un rfUgn r;dthkxe buhu/nbthuVUbo/fkUvl e fuUdXl bntul uJttu rfUme fUth fuUvrhJ;ol mur;fqUt v muCtrJ; l n ntude gt Wmvh fUtuRoCtJ l n v\zudt ytih buhu/nbthuWthtr"fUthe YJk mbl w=urN;e WmfuUrl ck"l tfuUr; =tge cl uhndu>RmfuUyr;rh; gn 402 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 r;dthkxe/Gr;vqr;o-vt ;c ;fUJ]t hnudt sc ;fUytv Rmdthkxe fuUy"el mCe =trgJtmuW; rn;tr"fUthe tht ykr;b v muWbtura; l n fUh r=Y stgu;:t b/nb W; rn;tr"fUthe muWbtual fUt rtrF; vwrefUhK t; l n fUh tu;t/tu;uytih W; dthkxe fUt btual Wl mul n fUht tu;t/tu;u;:t RmfuUy"el gt W; dthkxe mumkckr"; ytvfuUmCe cfUtY YJk=tJufUe vqhe awfUti;e YJk;wr buhu/ nbthutht l n fUh =e st;e> I/We further agree that this counter guarantee shall not be prejudiced or affected by any change in the constitution of my/our firm/company howsoever arising and that my/our successors and assigns shall continue to be liable in terms thereof. Further this counter guarantee/indemnity will remain in force until you are finally discharged by the said beneficiary of all liabilities under the said guarantee and I/we have got the discharge confirmed in writing frcm the said beneficiary and got the said guarante redeemed from them and all your dues and claims hereunder or relating to the said guarantee have been paid and satisfied in full by me/us. gn r;dthkxe/Gr;vqr;o-vt W; dthkxe vh r;fqUt CtJ ztturcl t ytih WmfuUbugt WmfuU mkck" bRmfuUvat;TytvfuUtht "trh; gt "trh; rfUY st mfUl uJtturfUne yg r;Cqr; gt r;Cqr;gtfuUyr;rh ni> This counter-guarantee/indemnity is without prejudice to and in addition to any other security or securities held or which you may hold hereafter on account or in relation to the said guarantee. ytv yvl uvqKorJJufUtr"fUth fuUy"el bwSmu/nbmuW; dthkxe fuUsthe hnl ufuU=tihtl rfUme mbg ytih/gt WmfuUWbtual ytih/gt btual ntul u;fUytvfuUtht dthkxef]U; htrN fuUrtY vqhubtrsol fUtul fU=v bbtkd fUhl uytih/gt W; dthkxe fuUy"el ytvfuUtht yvl uQvh rtY dY =trgJt fuUCth fuUfUJh fuUv br;Cqr; ytih r;Cqr;gtfUe yvuGt fUhl ufuUnfU=th ntdu;:t b/nb Jal ck" fUh;t nq/fUh;un rfUb/nb ytvfUtubtkd fUe ;theF mu3 (=el ) r=l fuUCe;h W; btrsol l fU= v b=qkdt/=duytih/gt ytvfuUvtmYume r;Cqr;gtkytvfuUth yl wbtur=; v bYJkher; mu ;w; fUkdt/fUhdu> You shall be entitled in your absolute discretion to demand from me/us, at any time during the continuance of the said guarantee and/or till the same is discharged and/or redeemed, full margin in cash for the amount guaranteed by you and/or call upon me/us to furnish you with security or securities as a cover for the obligations undertaken by you under the said guarantee and I/we undertake to provide you within 3 (three) days from demand the said margin in cash and/or furnish you with such securities in such form and manner as may be approved of by you. 403 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 buhu/nbthubytvfuUvtmfuUattqsbt rfUme yg Ft;ubmbg-mbg gt sbt hnl uJttumCe "l vh YJkbuhu/nbthuFt;uvh ytvfuUtht "trh; mCe r;Cqr;gtvh ytvfUt "thKtr"fUth hnudt ;:t W; dthkxe fuUy"el mCe gts, ttd;, Cth YJkFaomrn; Yume htrN gt htrNgtfUtubtkd rfY stl uvh, stuW; dthkxe fuUy"el ytvfuUtht cfUtgt gt =ug ntuytih/gt rsmfuUCwd;tl fUe yvuGt W; dthkxe fuUy"el W; rn;tr"fUthe tht ytvmufUe stY, buhu/nbthutht Cwd;tl l rfUY stl ufUe =Nt bytdul turxmr=Y rcl t RmfuUy"el buhu/nbthu=trgJtfUe Wmmebt ;fU;wr ntul u;fUbuhu/ nbthuW; Ft;umuW; "l fUtumbtgturs; ytih/gt rJrl gturs; fUhl uytih/gt W; Ft;ubsbt htrN ytih/gt r;Cqr;gtfUt bqg ytvfuU=tJufUe vqr;ofUhl ufuUrtY yvgto; ntu, ;tuytv bwSmu/nbmuNuM htrN fUt =tJt fUhl ufuUnfU=th ni> You shall have a lien on all moneys from time to time standing to my/our credit with you in any account whether in current deposit or in any other account and all securities held by you on my/our account and in default of payment by me/us on demand the sum or sums of money which may become due or payable by you under the said guarantee and/or which you may be called upon to pay by the said beneficiary under the said guarantee including all interests, costs, charges and expenses in relation thereto shall have authority and be entitled without any further notice, to adjust and/or appropriate the sale monies from my/our said account and/or recover the same from the said security or securities in protanto satisfaction of my/our liabilities hereuhder. In case the amount at the credit of the above accounts and/or the value of the securities are insufficient to meet your claims, you are entitled to claim the balance amount from me/us. W; dthkxe fUe ctc; ytvfUtu=e dRobtrsol ytih/gt r;Cqr; ytvfuUtht ;Ce rl bwo; fUe stYde sc buhu/nbthutht W; dthkxe fUt rl btuoal ytih/gt btual W; rn;tr"fUthe murtrF; v b fUht rtgt stY ;:t W; dthkxe mumkckr"; ytih/gt Rmr;dthkxe fuUy"el ytih/gt rfUme yg Ft;u gt Ft;tvh ytvfuUr; buhe/nbthe mCe }UKd{;;t YJk=trgJtfUt Cwd;tl YJk;wr buhu/nbthutht fUh r=gt stY> The margin and/or securities given to you in respect of the said guarantee shall be released by you only when I/we have got the said guarantee discharged and/or redeemed in writing from the said beneficiary and all my/our indebtedness and obligations to you relating to the said guarantee and/or under this counter-guarantee and/or on any other account or accounts whatsoever are paid and satisfied by me/us. b/nb Jal ck" fUh;t nq/fUh;un rfUb/nb WmmkrJ=t fuUmCe rl ck"l , N;oYJkmkrJ=t fUt vttl YJkyl wvttl fUdt/fUhdursl fuUvttl fuUrtY ytih/gt rsl fuUmkck" bytvl uW; dthkxe =e ni> 404 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 I/We undertake to perform and observe all the terms, conditions and covenants of the contract for the performance of which and/or in connection with which you have given the said guarantee. b/nb ytduJal ck" fUh;t nq/fUh;uni rfUbuhu/nbthutht W; mkrJ=t fuUvttl rfUY stl ufuU mkck" bb/nb ytvfUtumbg-mbg vh mCe mqal tYk=qkdt/=du> I/We further undertake to furnish you from time to time with all information regarding the performance of the said contract by me/us. CJ=eg, Yours faithfully, l tux &RmVUtbofuUrnk=e vtX murfUme fUth fuUJt=-rJJt=fuUWvt ntul ufUe r:r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> Note : In the event of any controversy arising out of Hindi version of this Form, the original English text of it will be treated as authoritative. 405 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y/A-93 ;theF / Date ................................ Ctkztdthvtt/ The warehouseman ................................... Ctkztdth rl db/ warehousing corporation ............................................................. ............................................................. rg bntu=g/ Dear Sir, rJMg/ Re : ...............................................Jdo...................................... fuUrtY ;theF ..............................................................................fUe Ctkztdth hme= mk0.......................................................................................... Warehouse receipts no. ................................................................. Dated .................................. for ............................................. bags of ..................................................................................................... nb ytvfUtumqra; fUh;un rfUnbl ugqfUtucf ........................................fuUvtmWvgwo; Ctkztdth mbed rdhJe hFt ni>W; hme=/hme=gqfUtucfUgt Wl fuUyt=uN vh Wl fuUvG bv]tkrfU; ni/n ytih nbmt;t ntude gr=ytv Rm;g fUturhfUtzofUhYJkWvgwo; Ctkztdth hme=tbWrrF; btt vh cfUfuU"thKtr"fUth fUtuyvl e crngtbl tux fUh> We have to inform you that we have pledged the subject warehouse receipt with UCO Bank ..................................................................................... the receipt(s) has/have been endorsed in favour of UCO Bank or order and we shall be glad if you record this fact and note in your books this banks lien on the goods covered by the above warehouse receipts. CJ=eg/Yours faithfully 406 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-97 UCO BANK ........................................................ Dear Sirs, Re : Cash credit limit of Rs. ..................................... Loan of Rs. ................................... With reference to the above cash credit facility allowed and/or to be allowed by you to us and/or the above loan advanced and/or to be advanced by you to us against security of hypothecation/pledge of..................................................................we hereby agree and confirm as follows : I. That the bank may at any time in its absolute discretion, enter into any participation arrangement with regard to the said advances with any bank, financial institution, Insurance companies and others under its Participation Certificate Scheme on such terms and conditions as the bank may deem fit and may also, in its like discretion, withdraw from, cancel and annul such participation arrangement. 2. For the purpose of such participation the bank shall be at liberty to transfer and/ or assign in favour of the participating bank, Institution, companies or others the whole or any part of the debt due to the bank from us in respect of the said advances and the benefit of the documents executed and the securities given and/or to be given by us to the Bank relating to the said advances. 3. We shall, if and whenever required by the bank, at our own expense, do and execute and join in doing and executing all acts, deeds, things, documents or assurances as the bank may require for effectuation of such participation arrangement and/or transfer and assignment of the debt and securities. 4. We shall not, without the prior written consent of the bank, create in any manner any charge, lien or any encumbrance whatsoever on securities given or to be given by us to the bank in respect of the said advances. 5. The bank shall be at liberty to furnish the participating bank, Institution or companies any Information or report with regard to the said advances whether received by 407 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 the bank from us or otherwise in the banks possession as the bank may think fit and proper. 6. Notwithstanding that the bank may enter into any participation arrangement with regard to the above advance, our liabllity towards the same to repay the advances made and/or to be made by the bank to us with interest, Costs, charges and expenses will continue and the banks right to recover the said advances from us will not be prejudiced or impaired in any manner whatsoever by reason of the said participation arrangement. Yours faithfully, 408 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-98 UCO Bank .............................................. Dear Sirs, By the Deed of Transfer dated ........................................ between us and yourselves, you transferred to us the sum of Rs. ........................................ being part of a loan made by you to Messrs. ................................................................................ (the Borrower) together with interest at the rate of ........................ % per annum on the sum transferred and a proportionate part of the security mentioned in the schedule to (OR : proportionate part of the Book Debts mentioned in) the DEED OF HYPOTHECATION/PLEDGE dated ........................ executed in your favour by the Borrower. We have agreed that notwithstanding anything contained in the abovementioned Deed of Transfer you will repay to us on ............................................................... the sum of Rs. ......................................... being the sum transferred. We have also agreed that notwithstanding anything contained in the said Deed of Transfer, you shall pay us interest at the rate of ................ % per annum on the sum transferred, calculated from the date of the Deed of Transfer until the date of repayment by you, and not at the rate of ................ % per annum as mentioned in the Deed of Transfer and in the abovementioned Deed of Hypothecation/Pledge. On receipt of repayment of the said debt aforesaid, we shall re-transfer the same to you along with the abovementioned proportionate part of the security by executing a Deed of Re-transfer in your favour in the form of the specimen attached to this letter. This letter is being issued in duplicate and as such, please return the duplicate copy of the letter duly signed on behalf of your Bank with the necessary endorsement regarding confirmation of the above arrangement made thereon. Yours faithfully, (TRANSFEREE) 409 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y/A-100 gq fUtucf UCO BANK ...................................................... NtFt BRANCH mtJr" }UK fuUvwlorl"tohK/fUevwlogJ:t fuU mkck" b}UKfU;to(}UKfU;toyt) fuUmt: fUhth AGREEMENT WITH THE BORROWER(S) ON RESECHEDULING/REPHASING OF TERM LOAN yts r=l tkfU....................................................... 200 ........... fUtuYfUytih e/eb;e/fwUbthe/ bu mmo............................................................................................................................................... (rsn RmbRmfuUvat;TII}UKfU;toOOfUnt dgt ni ytih sc;fURmyrCgr; fUtunxtgt l stY gt fUtuRo ct; m=CofuUrJh l ntu;c;fURmfuUy;do; WmfuU/WmfuUJtrhm/rl vt=fU, NtmfU, r;rl r", Wthtr"fUthe YJkmbl w=uurN;e Ntrbt mbSustYkdu) ;:t =qmhe ytuh gqfUtucfUfuUcea, stucrfkUd rJr" (mkNtu"l ) yr"rl gb, 1985 tht g:tmkNtur"; crfkUd fkUvl e (Wvf{btfUt ysol ytih yk;hK) yr"rl gb, 1970 fuUy"el drX; YfUrl drb; rl fUtg ni ytih rsmfUt "tl fUtgtotg, 10 rJ. ti. b. mhKe, fUtutfUt;t bni ytih rsmfUe YfUNtFt yg :tl tfuUyttJt............................................. bCe ni (rsmuRmbRmfuUvat;TIIcfUOOfUnt dgt ni ytih sc;fURmyrCgr; fUtunxtgt l stY gt fUtuRoct; m=CofuUrJh l ntu;c;fURmfuUy;do; WmfuUWthtr"fUthe YJkmbl w=urN;e Ntrbt mbSu stYkdu), rl vtr=; rfUY stl uJttufUhth fuUy;rlogb cl tY st;uni> ARTICLES OF AGREEMENT made thi s .................................. day of ........................ 20 ........ BETWEEN Mr./Mrs./Miss/M/s. ................................................... ............................................., (hereinafter referred to as the Borrower which expression shall unless excluded by or repugnant to the context be deemed to include his/her heirs, executors, administrators, representatives, successors and assigns) of the one part and UCO BANK, a body Corporate constituted under the Banking Companies (Acquisition & Transfer of Undertaking) Act, 1970 as amended by the Banking Laws (Amendment) Act, 1985 and having its Head Office at No. 10, B.T.M. Sarani, Kolkata and a branch office amongst other places at ........................................................................... (hereinafter referred to as the Bank, which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns) of the other part. 410 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 aqkrfU& WHEREAS: (fU) }UKfU;tofuUyl whtu" vh.........................................h. fUt }UK cfUtht }UKfU;tofUtu, yg ct;tfuUmt:-mt:, cfUYJk}UKfU;tofuUcea r=l tkfU....................................... fUturl vtr=; rfUY dY }UK fUhth b(rsmuRmbRmfuUvat;TII"tl fUhthOOfUnt dgt ni) rl rn; rl ck"l YJk N;tuvh r=gt dgt :t ytih rsmu"tl fUthth fuUFkz 5 brJrl r=o her; muYJkrfU;tb awfUtgt stl t :t> (a) At the request of the Borrower a loan of Rs. ....................................... was advanced by the Bank to the Borrower inter-alia on the terms and conditions contained in a loan Agreement dated ............................... entered into between the Borrower and the Bank (hereinafter referred to as the Principal Agreement) and the same was repayable in the manner and by instalments specified in clause 5 of the Principal Agreement. (F) WfU}UK ;:t Wmvh =ug gts ttd;, Cth YJkFaofuUmgfTUCwd;tl fuUrtY r;Cqr; fuUv b}UKfU;tol ucfUfuUvG b.......................................fUtu=;tJus rl tvr=; rfUgt :t stuRmfuUmt: mktl yl wmqae bmwaec ni (rsmuRmbRmfuUvat;TIIr;Cqr; =;tJusOO fUnt dgt ni)> (b) As security for due repayment of the said loan with interest thereon and costs, charges and expenses, the Borrower had executed documents listed in the Schedule hereto on ............................................. in favour of the Bank (hereinafter referred to as the Security documents) (d) }UKfU;to"tl fUhth fuUFkz 5 byk;rJo awfUti;e yl wmqae fuUyl wmth W; }UK fUtu awfUtl u b ymb:o hnt ni ytih .......................................... ;fU fuU cfUtgt NuM fuU v bu ...........................................;fUfu Ugts mrn; c fUfUt ...........................................h. }UKfU;to fuUvtm=ug ni rsmu}UKfU;toRmfuUtht btl ;t ni YJkJefUth fUh;t ni> (c) The Borrower has not been able to repay the said loan as per Repayment Schedule contai ned i n cl ause 5 of the Pri nci pal Agreement and a sum of Rs. .......................................... being the balance outstanding as on .................................... inclusive of interest upto ....................................... is due and owing from the Borrower to the Bank which the Borrower hereby admits and acknowledges. (D) }UKfU;tol ucfUmuawfUti;e yJr" fUtuvwl rl "torh; fUhl uYJk......................................... muNw ntul uJttubtrmfU/r;btne/Abtne rfU;tbcfUtgt NuMfUtuawfUtl ufUe yl wbr; =ul ufUt yl whtu" rfUgt ni rsmucfUl uyg ct;tfuUmt:-mt: Rmbl eaur=Y dY rl ck"l YJkN;tuvh JefUth fUh rtgt ni> 411 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (d) The Borrower has requested the bank to reschedule the repayment period and allow him to repay the said balance outstanding in monthly/quarterly/half-yearly instalments commencing from .......................................... which the Bank has agreed to do on the terms and conditions inter alia as hereinafter appearing. yc vqJofUr:; ;gtfUtugtl bhF;unwY rllrtrF; ct;tvh mnbr; nwRoni& NOW IT IS AGREED in consideration of the premises as follows : 1. gn fUthth "tl fUhth fUt yl wvqhfUntudt> This Agreement shall be supplemental to the Principal Agreement. 2. }UKfU;tocfUfUtu..........................................;fUfu U.......................................h. fUt W; cfUtgt NuM, rsmb..................................................;fUfUt gts Ce Ntrbt ni, l eau=e dRo;theF fUtuYJkrfU;tbawfUtYdt& The sai d bal ance outstandi ng of Rs. ....................................... as on .................................................. inclusive of interest upto .......................................... shall be repayable by the Borrower to the Bank on the dates and by instalments mentioned hereunder: awfUti;e ylwmqae REPAYMENT SCHEDULE 3. "tl fUhth fuUFkz 5 byk;rJo awfUti;e yl wmqae fUtuAtu\zfUh, rsmuW; fUth mumkNtur"; fUh r=gt dgt ni, "tl fUhth bWvJrKo; YJkyk;rJo mCe rl ck"l YJkN;urJr"btg YJk ctgfUthe ntde ;:t vqhe ;hn mN; YJkCtJe ntde> Save as Repayment Schedule as contained in Clause 5 of the Principal Agreement which had been revised as aforesaid, all the terms and conditions set out and contained in the Principal Agreement shall be valid and binding and in full force and effect. Qvh bg:trlr=o ylwmqae THIS SCHEDULE ABOVE REFERRED TO : 412 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 RmfUemtGefuUv b}UKfU;tol uRmrJtuF fUe QvhrtrF; r=l , bnel uYJkJMobrl vtr=; rfUgt> IN WITNESS whereof the Borrower has executed these presents the day, month and year first above written. ............................................................... }UKfU;to(}UKfU;toyt) fuUn;tGh Signature of the Borrower(s) rxvKe&RmVUtbofuUrn=e vtX murfUme fUth fuUJt=-rJJt=fuUWvt ntul ufUe r:r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> Note : In the event of any controversy arising out of Hindi version of this form, the original English text of it will be treated as authoritative. 413 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-101 AGREEMENT WITH THE GUARANTOR(S) ON RESCHEDULING / REPHASING OF TERM LOAN UCO BANK .................................................... Date ................................ Dear Sirs, WHEREAS at my/our request you had lent and advanced a sum of Rs. ........................... to ............................................................................................ of ................................................ (hereinafter called the principal) on the terms and conditions contained in the loan Agreement dated .............................. entered into by the principal with you. AND WHEREAS the principal has not been able to repay the said loan in terms of the said Agreement dated ............................. and a sum of Rs. ..................................... is the balance outstanding in respect of the said loan as on ......................................... inclusive of Interest upto .......................................... . AND WHEREAS AT THE REQUEST OF THE PRINCIPAL AND ALSO AT MY/OUR REQUEST YOU HAVE AGREED TO RESCHEDULE THE REPAYMENT PERIOD AND ALLOW THE PRINCIPAL FURTHER TIME FOR REPAYING THE BALANCE OUTSTANDING OF Rs. ........................................................................................................................ IN SUCH INSTALMENTS AS MENTIONED IN ANOTHER AGREEMENT DATED........................... ENTERED INTO BY THE PRINCIPAL WITH YOU. In consideration of your having at my/our request agreed to reschedule the repayment period of Term loan and to grant time to the Principal as aforesaid, I/We hereby guarantee the due repayment of the said sum of Rs. ...................................................... and every part thereof and also the due payment of all interest accruing due thereon and all costs, charges and expenses of and incidental to realisation and recovery of the dues and that accordingly, I/we jointly and severally hereby agree and undertake to repay and pay (as the case may be) on demand to you all such amounts whether for principal or for Interest or for costs, charges, expenses or for any other moneys aforesaid as also to pay all the costs, charges and expenses that you may pay, incur or suffer or be put to in any manner whatsoever or in any ways concerning the said loan and or this guarantee and your rights hereunder and for protection, preservation, defence or enforcement of your rights and recovery of your dues either from the principal/s or from me/us. Head Office : 10, B. T. M. Sarani Kolkata-700 001 414 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 2. I/We agree that you shall have full discretionary powers without any further consent from me/us and without in any way affecting my/our liability under the guarantee, to renew the loan and for hold-over, renew or give up, in whole or in part any security or securities, received or to be received from the principal/s or anyone or more of them either alone or jointly with any other person or persons or from any other person or persons bearing the name of the principal/s. 3. I/We also agree that you shall be at liberty without in any affecting my/our liability under this guarantee and I/We hereby give our consent to you to vary any term or terms of your said loan to the principal/s or to release or discharge or to do any act or commission the legal consequence of which is to discharge or enter into any composition or compound with or promise to grant time of any other indulgence or not to sue either the Principal/s or anyone or more of them or any person or persons liable on the said loan or any security or securities or any person liable as security or collaterally liable for the Principal/s or any other person or persons. 4. I/We further agree that this guarantee shall be a continuing security to you and shall remain in force and be operative until your dues of and incidental to and in respect of your loan to the Princiral/s either by way of Principal amount or interest or costs, charges and expenses and all and even thereof and of any of them are paid and satisfied in full. 5. I/We further agree that copies of accounts maintained in your Books of Accounts in respect of the said loan of Rs. ................................ to the Principal/s and signed by your officers for the time being in charge of such accounts shall be conclusive evidence against me/us as to the amounts for the time being due by the Principal/s to you in any action or other proceedings brought against me/us. 6. The demand in writing shall be deemed to have been given to me/us by sending the same by post or by hand delivery addressed to me/us at the address ................................... ......................................................................................................... and shall be effectual notwithstanding any change of residence or office and notwithstanding notice thereof to you such demand shall be deemed to be received by me/us, as the case may be twenty-four hours after the posting thereof and shall be sufficient if signed by anyone of your officers and in proving such service it shall be sufficient to prove that the letter containing the demand was properly addressed and put in the post office. 7. This guarantee shall be additional to any other guarantee for the Principal/s or anyone or more of them signed by me/us or any of us that you may at any time hold. 8. I/We respectively waive in your favour all or any of our rights against you or the Principal/s so far as may be necessary to give effect to any of the provisions of this 415 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 guarantee. AND I/we agree that I/we shall not be entitled to claim benefit of any legal consequences of any variation of any contract entered into by the Principal/s or anyone or more of them with you for and in respect of the loan, the liability in respect of which is guaranteed by me/us as aforesaid. 9. If I/we now or shall hereinafter take any security from the Principal/s or anyone or more of them in respect of my/our liability under this guarantee, I/we will not prove in the bankruptcy or insolvency of the Principal/s or anyone or more of them in respect thereof to your prejudice and such security shall stand as security for you and shall forthwith be deposited with you. 10. I/We agree and declare that you will not be bound or compelled to take any proceedings, whatsoever against the Principal/s for recovery, enforcement or realisation of any of your dues from or against the Principal/s under or in pursuance of and in respect of and incidental to your said loan to the Principal/s before calling upon me/us to pay such dues to you under and in pursuance of the guarantee herein given so that I/we shall be liable and bound to pay such dues to you, notwithstanding that no proceedings whatsoever shall have been taken by you against the Principal/s for recovery, enforcement or realisation of any such dues. 11. I/We further agree and confirm that to give effect to the guarantee, you may act as though I/we am/are your Principal debtor/s. 12. This guarantee shall ensure for the benefit of your successors and assigns. 13. All moneys whatsoever due and payable by me/us to you under and in pursuance of thi s guarantee shal l be payabl e by me/us at your Branch offi ce si tuated at ....................................... . Yours faithfully, Place: Signature ...................................................... (Full name in block letters) Date ............................... Place: Signature .................................................... (Full name in block letters) Date ............................... Note : In the event of any controversy arising out of Hindi version of this form, the original English text of it will be treated as authoritative. 416 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-103 gq fUtucf UCO BANK "tl fUtgtotg&10, rJ. ti. b. mhKe, fUtutfUt;t-700 001 Head Office : 10, B. T. M. Sarani, Kolkata-700 001 gn mt=t ck"fUrJtuF e.................................................................................................... vw t.....................................................................................ytgw..................gJmtg...................... rl Jtme d{tb............................................................ vwrtm :tl t...................................................... rstt........................................................ :b vG, rsmuY;rbl Tvat;TIIck"fUfU;toOOfUnt dgt ni (Rm yrCgr; bsc ;fUrJMg gt mk=CofuUrJh gt WmmuyvJrso; l ntu, WmfuUJtrhm, rl vt=fU, NtmfUr;rl r", mbl w=urN;e ;:t rn;t;rh;e Ntrbt ntdu) ytih gqfUtucfUstufUe cfUfUthe fUvl e (Wvf{btfUt ysol ytih y;hK) yrl rl gfU, 1970 fuUy;do; drX; YfUrl drb; rl fUtg ni ytih rsmfUt "tl fUtgtotg 10, rJ.ti.b. mhKe, fUtutfUt;t bni ;:t rsmfUe YfUNtFt......................... ............................................bni, r;eg vG, rsmuY;rbl Tvat; IIcfUOOfUnt dgt ni (RmyrCgr; bsc ;fUrJMg gt mk=CofuUrJh gt WmmuyvJrsol l ntu, WmfuUWthtr"fUthe, rn;t;rh;e ;:t mbl w=urN;e Ntrbt ntdu) fuUcea yts r=l tkfU.....................................btn ..............................JMo ............................................. fUturl vtr=; rfUgt st;t ni& THIS DEED OF SIMPLE MORTGAGE is made this ......................................................... day of ................................................... 200 ...... BETWEEN SRI ................................................... ................................................................................. son of ................................................................. ................................................... aged .......................... years by occupation ........................... ............................................................................... residing at Village ............................................. P.S. ................................................ District...................................................... hereinafter called the Mortgagor (which expression shall unless excluded by or repugnant to the subject or context include his heirs, executors, administrators, representatives assigns and transferees- in-interest) of the FIRST PART AND UCO BANK, a Corporate Body constituted under the Banking Companies (Acquisiti,on and Transfer of Undertakings) Act 1970 and having its Head Office at 10, B. T. M. Sarani, Kolkata and also a branch at ................................................... hereinafter called the Bank (which expression shll unless excluded by or repugnant to the subject or context include its successors, transferees-in-interest and assigns) of the Other 417 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Part : aqrfU/ WHEREAS: 1. ck"fUfU;tod{tb.............................................. ;nmet..................................................... rstt........................................................................br:;, Cqrb =tg ;:t vrhmh, rsmfUt rJ;]; rJJhK Y;="el yl wmqae br=gt dgt ni ytih sturfUme Ce fUth fuUrJkdb (Rl fUc{m) ytih Cth mubw; ni, fUtuvqhe ;hn yrCd]ne; ytih fUsubrf Y nwY ni gt Jn yg:t Cte fUth ;:t vgtot v muRmfUt nfU=th ni> The Mortgagor is absolutely seized and possessed of or otherwise well and sufficiently entitled to ALL THAT the land hereditaments and premises situated at Village ........................ .......................................... Tehsil ................................................ District ..................... fully described in the Schedule hereunder written free from all encumbrances and charges thereon. 2. ck"fUfU;tol usturfUYfUf]UMfU, ni, yvl e Fu;e-cthe fuUgtusl fuUrtY rJteg mntg;t tt fUhl unu;wcfUmuytJu=l rfUgt ni> The Mortgagor who is an agriculturist applied to the Bank for financial assistance for his agricultural operation. 3. cfUl uck"fUfU;tofUtuWmfuUyl whtu" vh yvl e......................................................... NtFt fUtutuFt crngtbck"fUfU;tofuUl tb vh Ftutudguy:Jt Ftutustl uJttul fU=}UK Ft;ugt Ft;t vh.............................................. hvgufUe mebt ;fUmbg-mbg vh l fU=}UK mwrJ"t/mwrJ"t =ul ufUe mnbr; Y;=rbl y;rJo N;tufuUy"el ;:t ck"fUfU;totht Rmct; fuUrtY mnb; ntustl uvh =tl fUh =e ni rfUJn cfUfUtu=ug mCe "l htrNgt, stuWmvh Rmmbg y:Jt CrJg b=ug n/=ug ntde ;:t W; Ft;u(Ft;t) vh Wmvh cfUtgt hnl uJtte htrNgty:Jt Rmmbg gt W=vat;T Wmur=gustl uJttuyrd{bty:Jt yg htrNgt, gts, vrhgg Cth ;:t F;tufUtuWmCqrb, =tg ;:t vrhmh ytih Rmvh rJ btl ;:t/y:Jt ck"fUfU;totht mbg-mbg vh Wdtge stl uJtte VUmtstu ctuge st awfUe n gt CrJg bctuge stYkde, gt stuFu; bF\ze n gt fUtxe st awfUe ni y:Jt rsl fUt W; Cqrb bZuh tdt r=gt dgt ni gt rsnck"fUfU;tofuUdtu=tb gt vrhmh bsbt fUh r=gt dgt ni y:Jt sntkfUn Ce ck"fUfU;tofuUbugt WmfUe ytuh muRnhFt dgt ni gt stuck"fUfU;to fuUrl gktK bgt yr"fUth bn ;:t Fu;e fuUfUtb ytl uJttuytisth, bNel , vrvkd-mux, f]UrMrl rJrgt fUe mtbd{e ytr= rsl fUt Y;rbl Tvat;TWuF rfUgt dgt ni, ck"fUhF fUh r;Cq; fUhudt> The Bank has at the request of the Mortgagor allowed/agreed to allow to the Mor tgagor cash credi t faci l i ti es from ti me to ti me up to the l i mi t of Rs. .......................................... in a cash credit account or accounts opened or to be opened 418 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 by the Bank in its books at its ...................................................... Branch in the name of the Mortgagor on the terms and conditions contained herein and on the Mortgagor agreeing to secure all Monies which now are or hereafter shall become due and owing on balance of such account(s) or in respect of advances now or hereafter to be made or otherwise from the Mortgagor to the Bank with interest costs, charges and expenses thereon by the Mortgage of the said land hereditaments and premises and the crop existing thereon and/or to be raised by the Mortgagor from time to time whether already sown or to be sown in future or standing crops or cut or stacked in the said land or stored in the Mortgagors godowns or premises or wherever else held on account of or on behalf of the Mortgagor, or under the Mortgagors control or disposition and also agricultural implements, machinery, pumping set, articles of agricultural inputs etc. as hereinafter contained. yc gn rJtuF rllrtrF; fUt mtGeni& NOW THIS DEED WITNESSETH as follows: 1. W; fUhth fuUyl wvttl b;:t vrhmh fuUr;VUt Jv ck"fUfU;toY;=Ttht cfUfuUmtg mkrJ=t fUh;t ni rfUJn yvl uQvh ;mbg =ug ;:t yvl uW; l fU= }UK Ft;u(Ft;t) vh rl fUtl uJttuNuM(Rmvh ntul uJttugts ;:t yg mtbtg Cth mrn;) ytih RmfUth fUe yg "l htrN/"l htrNgtfUt, rsmfuUrsl fuUrtY Jn ;mbg W; yrd{btfuUcthubcfUfUt =ul =th ntudt y:Jt cfUfUe Cwd;tl fUhl ufuUrtY =tge ntudt, btkd fUe stl uvh Cwd;tl fUhudt> In pursuance of the said agreement and in consideration of the premises the Mortgagor hereby convenants with the Bank that he the Mortgagor shall on demand pay to the Bank the sum which shall then be due and owing to the Bank on the balance of the said cash credit account(s) of the Mortgagor (including interest and other usual charges) and such other sum or sums of money as the Mortgagor shall than be indebted in or liable to pay to the Bank upon or in respect of the said advances. 2. ck"fUfU;totht }UK vh rfUY stl uJttugts fuUCwd;tl fUt vrhfUtl Dx;e-c\Z;e bqt W"th =h mu........................%yr"fU/fUb =h vh rfUgt stYdt ytih sturl l ;b ................... % r;JMontude>RmfUtvrhfUtl cfUbhFudY }UK Ft;u(Ft;t) fuU=irl fUNuMvh btrmfU/r;btne/ Abtne/mtbtg y:Jt cfUfUe :t fuUyl wmth yg yk;htttvh rfUgt stYdt ytih Rm}UK Ft;u (Ft;t) bl tbuzttt stYdt> That the Mortgagor shall pay interest on the loan to be calculated at the rate of ...............% above/below the Banks Prime Lending Rate rising and falling therewith with a minimum of ......................... % per annum on the daily balances in the loan account(s) maintained with the bank with monthly/quarterly/half-yearly/yearly or other rests according to 419 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 the practice of the bank which may be debited in the Loan Account/s. . 3. }UK fuUvqhe ;hn Cwd;tl ntul u;fUW; l fU=}UK Ft;u(Ft;t) fuU=irl fUNuMvh W; gts-=h mugts tdtgt st;t hnudt> Interest payable at the rate aforesaid shall be calculated and charged on the daily balance in the Banks favour due upon said cash credit account(s) until the same is fully liquidated. 4. ck"fUfU;to, r;Cqr; fuUrtY cfUtht J;w;&rfUY dY y:Jt rfUY stl uJttumCe vrhgg (fUtpx), Cth ytih Fao(bwJrfUt tht yxl eofUtu=ug FatufUe ;hn) fUt Cwd;tl fUhudt, RmbJu FaoCe mrbrt; ntdustuck"fUfU;tofuUrJh rfUme fUth fUe fUthoJtRofUhl ubgt Rmmumc" ytl wMkrdfUfUthoJtRofUhl ubcfUfUhudt gt WmufUhl uv\zdu;:t r;Cqr; fUe mwhGt fuUrtY gt WmfuU cthub;:t Wmmumkckr"; yg ytl wMkrdfUbtbttbnwY Fao;:t Y=;Ttht r;Cq; mb; htrN gt WmfuUrfUme Ctd fUe Wvtrt gt trt gt Wvtrt gt trt nu;wrfUgudgugl gt WmfUe Jmqte b nwY Fao;:t yg mCe fUth fuUvrhgg, rsl bcfUtht vhtbNotul ubytih vttath fUhl ubgt yg:t fUth murfUgustl uJttuFaobmrbrt; n (Y;rbl Tvat;Trsl fuUrtY IImCe vrhgg, Cth ;:t FaoOOfUt gtud rfUgt dgt ni), Cwd;tl fUhl ufuUrtY Wmmbg ;fU=tge hnudt sc;fUrfU ck"rfU; vrhmh r;n;tk;rh; l n fUh r=gt st;t ni> The Mortgagor shall pay all costs (including as between attorney and client) charges and expenses actually paid or payable by the Bank in relation to the security including those of and incidental to any proceedings which may be had and which the Bank shall incur or be put to or be liable to pay in or about and incidental to the protection of the security and for procuring or obtaining or attempting to procure or obtain payment or recovery of all or any of the moneys hereby secured or part thereof and all other costs whatsoever including taking of opinion and correspondence or otherwise which the Bank may incur until the mortgaged premises are reconveyed (hereinafter collectively referred to as all costs charges and expenses). 5. W; fUhth fuUyl wvttl b;:t vrhmh fuUr;VUt Jv ck"fUfU;toRmmt=uck"fUtht W; l fU= }UK Ft;u(Ft;t) fuUy;;&c= ntul uvh gt cfUtht rfUme Ce mbg btkd rfUgustl u vh IIcfUfUtu=ug NuMOO;:t ck"fUfU;totht cfUfUtu=ug W; yrd{btytih/gt r=Y stl uJttuyrd{bt ;:t ck"fUfU;totht yvutugt rfUme gr; gt gr;gtgt fUvl e fuUmt: mkgw; v mubwg gr; fuUv bgt r;Cq; fuUv brtY dY gufUfUth fuU}UK fUe htrN ;:t ck"fUfU;tofuU yl whtu" vh gt mtifUgo(YfUtpbzuNl ) fuUrtguyg rfUme gtusl nu;wr=Y dY rfUme }UK, mtF gt yrd{btfUe htrN gt htrNgtfuUvwl Cwdo;tl fuUrtY W; mvqKoCqrb =tg ;:t vrhmh, rsmfUt mwrJ;]; JKol ;:t WuF Y=el yl wmqae brfUgt dgt ni<;:t mb; CJl Rbth;, mkhal tY, rJrl btoK, rsn yrCrJrl rbo; rfUgt dgt ni y:Jt stuY;;Tvat;TrJrl rbo; rfUY stYkdugt stuW; vrhmh vh gt 420 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 WmfuUrfUme Ctd vh r:; n<;:t W; Cqrb vh rJgbtl y:Jt mbg-mbg vh Wdtge stl uJtte mCe VUmt, stuctuge st awfUe n ;:t CrJg bctuge stYkde gt F\ze VUmtgt rsnfUtx fUh W; Cqrb vh Zuh tdt r=gt dgt ni gt stuck"fUfU;tofuUdtu=tb gt vrhmh b, sntfUn Ce Ju rJ btl ni, sbt fUh =e dRon gt rsnck"fUfU;tofuUbugt WmfUe ytuh muhFt st mfU;t ni< ;:t Fu;tfuUfUtb ytl uJttuytisth ;:t bNel t, rJ w;-atrt; vrvkd mux ;:t ytpgt Rkrsl , f]UrM rl rJrgtfuUCkzth simucea, WJohfU, Ft=, l tNfUseJbth (fuUxemtRz) ytih fUexl tNt(RmuxemtRz) v=t:oytr=, stuJ;obtl bck"fUfU;tofuUvtmWvt" n gt CrJg brsnFhe=t stYdt ;:t/y:Jt stuck"fUfU;tofuUyr"fUth bn ;:t rsnck"fUfU;tofUe Cqrb bf]UrMWvt=l fuUrtguWvgtud b ttgt st hnt ni/ttgt stYdt<;:t W; Cqrb, =tg ytih vrhmh fuUgt Wmmumktl gt RmfuUmt: ytb ;tih mu"trh; gt yr"Ctud y:Jt WvCtud rfUgustl uJttugt WmfuUgt WmfuUmt: mktl fUnu stl uJttuctdtl , J]G, Str\zgt, ht;u, drtgthu, st-rl dob, mwrJ"tYk(rtxt), mwFtr"fUth, rJNuMtr"fUth ;:t mCe Wvtkd<;:t W; vrhmh mumkc mCe fUtl ql e yr"fUth ;:t mCe rJtuF, vuyr"fUth vt, tuF ;:t Wmmumkc nfUfuUyg mtg stuck"fUfU;tofUe yrChGt, Nr; y:Jt yr"fUth bJ;obtl mbg bni gt W;;Tva;TntustYkdugt ntumfU;uni<;:t ck"fUfU;togt WmfuUbtgb mu=tJt fUhl u JtturfUme gr; gt gr;gtfUe mb; mv=t, yr"fUth, nfUrn;, =tJt ;:t fUtuRoCe btd ytih WmfUt gufUykN r;Cqr;Jv cfUfuUvtmck"rfU; fUh;t ni>Y;rbl TIIcfUfuU=ug NuMOOyrCgr; bW; l fU= }UK Ft;u(Ft;t) bmbg-mbg vh =ug ntul uJttubqt"l ytih Wl vh Y;rbbTvat;T WrrF; =h mur=l -r;-r=l stu\zt dgt gts ;:t ck"rfU; mvrtgtfuUmkck" bgt WmfuUrJf{g y:Jt rl vxtl fuUmc" bcfUtht Cwd;tl rfUY dY gt Wvd; (Rl fUz) mCe Cthe ;:t Fatu fUe htrN mrbrt; ntude> In pursuance of the said agreement and in consideration of the premises, the Mortgagor hereby mortgages to the Bank by way of Simple Mortgage ALL THAT the said land hereditaments and premises more particularly described and referred to in the Schedule hereunder written together with all houses, buildings, structures - erections now erected or hereafter to be erected or standing thereon or any part thereof together with the whole of the crops existing or to be raised from time to time on the said land whether already sown or to be sown in future or standing crop or cut and stacked on the said land or stored at the Mortgagors godown or premises wherever else they may be or which may be held on account or on behalf of the Mortgagor and also agricultural implements and machinery, electrical pumping sets and oil-engine, stocks of agricultural implements inputs viz. seeds, fertilizers manure, pesticides, insecticides etc. (present as well as future) purchased and/or belonging to the Mortgagor and which are being/will be utilised/used for agricultural production on the Mortgagors lands as well as gardens trees shrubs, ways passage, drains, liberties, easements privileges and appurtenances whatsoever to the said land hereditaments and premises belonging or in anywise appertaining thereto or usually held or occupied or enjoyed therewith or reputed to belong or be appurtenant thereto AND all the legal incidents thereof 421 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 together with all deeds, pattahs, muniments, writing and other evidences of title relating thereto which now are or hereafter shall or may be in the custody power or in possession of the Mortgagor AND ALL the estate, right, title interest, claim and demand whatsoever of ~he Mortgagor or any other person or persons claiming through him and every part thereof by way of security for the due repayment on demand of the balance due to the Bank at any time or ultimately on the closing of the said cash credit account(s) and also as security for payment of all other moneys which shall become due and owing from the Mortgagor to the Bank on account and in respect of the said advances made and/or to be made and such other sum or sums of money as the Mortgagor shall then be indebted or liable to pay to the Bank upon or in respect of any other loans, credits or advances made or for the accommodation or at the request of the Mortgagor or in respect of any other matter whether the Mortgagor shall be so indebted or liable solely or jointly with any person or persons or Company whether as principal or as surety. The expression the balance due to the Bank used herein shall be taken to include the principal moneys from time to time due on the said Cash Credit Account(s) and also all interest thereon calculated from day to day at the rate hereinafter mentioned and the amount of all charges and expenses which the Bank may have paid or incurred in any way in connection with the mortgage properties or the sale or disposal thereof. 6. ck"fUfU;toY;=Ttht cfUfuUmt: rl l rtrF; v bytduytih mkrJ=t fUh;t ni rfU& The Mortgagor hereby further convenants with the Bank as follows: - (i) cfUtht W"th =edRo;:t/y:Jt W"th =estl uJtte"l htrNgtfUt Wvgtud ck"fUfU;to yg rfUme gtusl bl fuUJt yvl uf]UrMfUtgtufuUrtY fUhudt< That the sums advanced and/or to be advanced by the Bank shall be used by the Mortgagor for the purpose of his agricultural operations and for no other purpose whatsoever. (ii) W; l fU= }UK Ft;u(Ft;t) vh yrd{b =ul t gt yrd{b =ul t sthe hFl t cfUfuU JrJJufUfuUyr;rh; yg rfUme ct; vh rl Coh l n fUhudt< That the Bank shall not be required to make advances or continue advances in the said cash credit account(s) otherwise than at the Banks discretion. (iii) ck"fUfU;toWdtne dRogt WdtRostl uJtte VUmt gt Wvs ;:t f]UrMytisth, bNel , rJ w;-atrt; vrvkd mux, ytpgt Rrsl ;:t f]UrMrl rJrgtfuUxtpfUyvl usturFb ;:t Faovh yAe ntt; bYJkrfUme Ce ntrl , Gg ;:t l wfUmtl mumwhrG; hFudt> 422 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 That the Mortgagor shall keep at his risk and expenses the crop grown or to be grown or the produce and the agricultural implements, machinery, electrical pumping sets, oil engine, stocks of agricultural inputs in good state and condition and protected against loss, deterioration and damage. (iv) ck"fUfU;to}UK sthe hnl ufuU=tihtl cfUfUe rtrF; vqJtol wbr; fuUrcl t W; Cqrb vh Wdtge dRoVUmtl n fUtxudt ;:t cfUfUe mnbr; mufUtxe dRoVUmt;wh; ne cfUgt WmfuUmbl w=urNr;gtfUturdhJe hF =e stYde ;:t ck"fUfU;tocfUfUe yl wbr; fuUWvs fuUyrCmkfUhK (tumurmkd) gt rJf{g fuUrJNuMgtusl nu;wne fUtxe dRoVUmttfUtuyvl e yrChGt bhFl ufUt nfU=th ntudt yg:t l n& That the Mortgagor shall not cut the crops on the said land without the express written permission of the Bank during the subsistence of the loan and the crop so cut with the consent of the Bank shall be delivered immediately on pledge to the Bank or assigns and the Mortgagor shall not be entitled to the custody of the cut crops except with the permission of the Bank and only for the specific purpose of further processing the produce or sale. (v) cfU, WmfuUfUboathe, Ysx ;:t WmfuUtht bl tul e; gr; rfUme Ce mbg ck"fUfU;to gt dthkxe=t;t fUtumqal t r=gurcl t Wvgwo; Cqrb gt vrhmh bsntrfUVUmt vi=t fUe dRoni gt sbt fUe dRoni, JuN fUhl u, WmfUt rl heGK fUhl uytih sta-v\z;tt fUhl ufuUnfU=th ntdu;:t mt:-mt: ne Y;=Ttht r;Cq; rfUme Ce htrN fUt Cwd;tl fUhl ugt cfUfuUr; rfUme =trgJ fUtuvqht fUhl ubck"fUfU;totht aqfUfUe stl u y:Jt Yume rfUme r:r; fuUvi=t ntustl uvh rsmmurfUcfUfUe htg br;Cqr; fuUF;hubv\zl ufUe ytNkfUt ni, VUmt gt Wvs fUtuyvl uyr"fUth btul u, Wmu fUtxl ugt Jntmunxtl uy:Jt mtJosrl fUl ettbe gt rl se rl rJ=t tht rcf{e fUhl u fuUnfU=th Ce ntdu>rfU;wW; rfUme Ce Nr; fUt gtud fUhl ufuUrtY Wl vh fUtuRoctg;t l n ntude ytih l ne W; fUtgofUhl ubntul uJtte rfUme ntrl fuUr; Wl fUe fUtuRosJtc=une ntude ;:t Yumt fUhl umucfUfuUct==tgh fUhl ufuUyr"fUth y:Jt yg:t v muWmumwtC Wvath-Wvtgtvh fUtuRor;fqUt CtJ Ce l n v\zudt> That the Bank, its servants, agents and nominees shall be entitled at all times without notice to the Mortgagor or guarantor to enter the above said land or the premises where the produce raised on the said land are stored and inspect and check the same and also on the default of the Mortgagor in payment of any money hereby secured of the performance of any obligation of the Mortgagor to the Bank or occurrence of the circumstances, 423 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 in the opinion of the Bank endangering the security, to take possession, cut or remove the crop or produce or sell by public auction or private contract, without being bound to exercise any of these powers or being liable for any loss in the exercise thereof and without prejudice to the Banks remedies of suit or otherwise. (vi) RmfuUyr;rh;, y;rl orn; rfUme Ce ct; mucfUfuUr; ck"fUfU;tofUe }UKd{;;t gt =ug;t fuUrtY cfUfUtuJ;obtl gt CtJe r;Cqr;, dthkxe =trgJ y:Jt rzf{e fuUmkck" btt rfUme Ce yr"fUth vh r;fqUt CtJ l n v\zudt< That nothing herein shall prejudice any rights of the Bank in respect of any present or future security, guarantee obligation or decree for any indebtedness or liability of the Mortgagor to the Bank. (vii) ck"fUfU;toRmct; fUe DtuMKt fUh;t ni ytih Jal =u;t ni rfUJn W; Cqrb ;:t W; Cqrb vh WdtRodRoJ;obtl gt CtJe VUmttgt Wvs fUturfUme Ce vqJogt CtJe Cth gt rckdb (RfUc{m) mubw; hFudt ;:t gn ck"fUfU;tofUe vqKo;gt rl se YJkJtg; mvrt ntude< The Mortgagor declares and undertakes that the present or future crops or produce grown on the said land and the said land shall be kept free from any prior or future charge or encumbrance and be the absolute and disposable property of the Mortgagor. (viii) ck"fUfU;toDtuMKt fUh;t ni rfUW; Cqrb vqhe ;hn muWmfUe ni ;:t YfUbtt Wmu ne RmCqrb fuUmJuomJtobtrtfUfuUv by:Jt yg:t her; muCqrb mutt ntul uJtte mCe mwrJ"tyt(Jurl rVUx) fUt Wvgtud fUhl ufUt vqht-vqht yr"fUth ni< That the Mortgagor declares that the said land is the absolute property of the Mortgagor and the Mortgagor has full and exclusive rights to the enjoyment of the benefits arising from the said land whether as the absolute owner of the land or otherwise. (ix) ck"fUfU;toW; Cqrb fuUmc" bgt WmfuUWvCtu;t fuUv bmCe htsJ, WvfUh, Cth ytr=fUt Cw d;tl fUhu dt ;:t Jn W; Cq rb mutt ntu l u Jttemw rJ"tyt fUtumCe fUth fuUmtkrJr"fUgt yg:t Cthtmubw; hFudt< That the Mortgagor shall pay all revenue, cesses, charges etc. in relation to the said land or as to the user thereof and always keep the benefits arising out of the said land free from all charges, statutory or otherwise. (x) gr= ck"fUfU;tomCe htsJ, fUh, WvfUh, ;:t RmfUth fUe yg mtJosrl fUgt mtkrJr"fUbtdtu;:t CthtfUt Cwd;tl rl "torh; mbg bl n fUh vt;t ni ;tucfU 424 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 fUtugn J;kt;t ntude (rfU;wJn Yumt fUhl ufuUrtY ctg l n ntudt) rfUJn Rl =ug;tytfUtuck"fUfU;tofuUW; l fU= }UK Ft;u(Ft;t) bl tbuzttfUh Cwd;tl fUh =u>RmfUth rfUgt dgt Cwd;tl Y;=Ttht r;Cq; ntudt ;:t W; l fU= }UK Ft;u(Ft;t) bWmuyrd{b fuUv bbtl t stYdt< That the Bank shall be at liberty (without being bound to do so) to pay all revenue, taxes, cesses and other such public or statutory demands and charges by debiting the same to the said cash credit account(s) of the Mortgagor if the Mortgagor fails to pay the same within the time, and payment so made shall be secured hereby and deemed as an advance in the said cash credit account(s). (xi) ck"fUfU;tor;Cqr; fuUattqhnl ufuU=tihtl Y;=Ttht ck"rfU; yvl e mvrtgtfuUmCe nfU-rJtuF cfUbsbt hFudt ytih mt: ne Rmr;Cqr; fuUattqhn;umbg Jn rfUme Ce r:r; bW; =;tJustfUturfUme Ce =qmhugr; fUtul n =udt y:Jt Wl fUt rfUme Ce Yume her; muWvgtud l n fUhudt rsmmurfUcfUfuUrn;tvh rfUme fUth fUt r;fqUt CtJ v\zu< The Mortgagor shall, during the continuance of the security, keep all title deeds of his properties hereby mortgaged deposited with the Bank. The Mortgagor shall in no case deliver the said documents of title to any other person or deal with them in any manner prejudicial to the interest of the Bank during the continuance of this Security. (xii) Rl tuFtgt rfUme rJ"tge yr"rl grb; tht cfUfUtu=t Nr; gt gtmfUt gtud gt rl vt=l fUh;umbg yl stl ubntul uJtte rfUme ntrl fuUrtY cfUfUe fUtuRo sJtJ=une l n ntude> The Bank shall not be answerable or accountable for any involuntary losses which may happen in or about the exercise or execution of any of the power or trusts which may be vested in the Bank by virtue of these presents or by any legislative enactment. (xiii) Rmck"fUrJtuF fUt Wvgtud W; l fU=}UK Ft;u(Ft;t) vh mbg-mbg vh ckfU fUtu=ug NuMhtrNgt;:t =ug yr;b NuMfUe r;Cqr; fuUv brfUgt stYdt ;:t W; Ft;t (Ft;u) Rmr;Cqr; fuUgtusl fuUrtY c= l n mbSt stYdt (mbSu stYkdu) ;:t Rmr;Cqr; fuUrfUme Ce mbg gt mbg-mbg vh W; l fU= }UK Ft;u(Ft;t) bte dge }UK htrN muyr"fUhtrN sbt fUh =ul uy:Jt W; Ft;u(Ft;t) mu..................................................hvgufUe Jef]U; }UK mebt fUe mvqKohtrN rl fUtt tul ufuUvat;T}UK htrN fUt Cwd;tl fUh yr;rh; htrN sbt fUh =ul umumbtt l n btl t stYdt> 425 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 That this Deed of Mortgage is to operate as security for the balance from time to time due to the Bank and also for the ultimate balance to become due on the said Cash Credit Account(s) and the said account(s) is/are not to be considered to be closed for the purpose of this security and this security is not be considered exhausted by reason of the said Cash Credit Account(s) being brought to credit at any time or from time to time or of its/their being drawn upon to the full extent of the said sum of Rs. .............................................. if afterwards reopened by a payment to credit. (xiv) cfUtht r=Y dY }UK-yrd{btfUe vqJoN;ofuUv bck"fUfU;toY;=Ttht gn mnbr; =u;t ni rfUgr= Jn }UK/yrd{btfUe awfUti;e by:Jt Wl fuUgts fUe awfUti;e by:Jt rl g; ;theF (;theFt) fUturfUme Ce ;g rfU; fUt Cwd;tl fUhl u bawfUfUh;t ni ;tucfUy:Jt Cth;eg rhsJocfUfuUvtmgn rl &N;oyr"fUth ntudt rfUJuaqfUfU;tofuUv bWmfuUl tb y:Jt fkUvl e/VUbo/RfUtRoytih RmfuU rl =uNfUt/ykNe=tht/JJ"trhgtfuUl tb yvl uvqKorJJufUmuWmher; ytih Wmbtgb mufUx y:Jt fUtrN; fUhsimt JuWra; mbS> The Mortgagor hereby agrees as a pre-condition of the loan-advances given to him by the bank that in case commits default in the repayment of the loan/advances or in the repayment of interest thereon or any of the agreed instalment of the loan on due date/s, the bank and/or the Reserve Bank of India will have an unqualified right to disclose or publish his name or the name of the company/firm/unit and its directors/partners/proprietors as defaulter in such manner and through such medium as the bank or Reserve Bank of India in their absolute discretion may think fit. . (xv) (i) vqJoN;ofuUv bck"fUfU;tofUtu}UK/yrd{b/yg dih-rl r" yt"trh; W"th mwrJ"t =ul umkck"e btbttbcfUfUtuck"fUfU;tofuUrJteg btbtufUtug; fUhl unu;wck"fUfU;tofUe mnbr; tt fUhl e ntude>ck"fUfU;tofUe }UK mwrJ"t mkck"e, =ug;t, ctfUe =ug;t ;:t fUe dRoaqfUmkck"e mqal t fUtufUtrN; fUhl u fuUcthubCe cfUck"fU;tofUe mnbr; tt fUhudt> (ii) ;=l wmth, ck"fUfU;togn mnbr; =u;t ni rfUcfUrl l rtrF; mqal t fUtufUtrN; fUh mfU;t ni& fU) ck"fUfU;tofuUcthubmqal t YJkytkfU\zu< F) ck"fUfU;totht te dRo}UK mwrJ"t/te stl uJtte mwrJ"t fUe mqal t, ;:t d) Rm=ug;t fuUrl Jonl bfUe dRoaqfUfuUcthubsimurfUcfUWvgwo; 426 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 mbSu, Jn }UK mqal t gqhturt. ;:t Cth;eg rhsJocfUtht tr"f]U; rfUme Ce Ysme fUtuck"fUfU;tofuUcthubmqra; fUh mfU;t ni> (iii) ck"fUfU;togn DturM; fUh;t ni rfUck"fUfU;totht cfUfUtu=e dRomqal t mg YJkmne ni> (iv) ck"fUfU;t Jal =u;t ni rfU& fU) }UK mqal t gqhtu(Rkrzgt) rt. ;:t tr"f]U; fUtuRoCe Ysme, cfUtht =e dRomqal t mkf]U; fUh mfU;e ni<;:t F) }UK mqal t gqhtu(Rkrzgt) rt. ;:t fUtuRoCe tr"f]U; Ysme mkf]U; mq al t, ytk fU\ zt rfUmecfU/rJteg mk :t ;:t yg }UK dthk xe;:t Cth;eg rhsJocfUfUe ytuh murl "torh; rfUme Ysme fUtuYume mqal t =umfU;e ni> (i) As a pre-condition, relating to grant of the loans/advances/other non- fund based credit facilities to the Mortgagor, bank requires Mortgagors consent for the disclosure by the bank of information and data relating to the credit facility availed of/to be availed, by Mortgagor, obligations assumed/to be assumed, by Mortgagor, in relation thereto and default, if any, committed by Mortgagor in discharge thereof. (ii) Accordingly, the Mortgagors hereby agrees and gives consentforthe disclosure ! by the bank of all or any such a) information and data relating to Mortgagor; (b) the information or data relating any credit facility availed of/to be availed by Mortgagor; and (c) default, if any, committed by Mor tgagor in discharge of Mortgagors such obligation, as the bank may deem appropriate and necessary, to disclose and furnish to Credit Information Bureau (India) Ltd., and any other agency authorized in this behalf by RBI. (iii) The Mortgagor declares that the information and data furnished by Mortgagor to the bank are true and correct. (iv) The Mortgagor undertakes that: a) the Credit Information Bureau (India) Ltd. and any other agency so authorized may use, process the said information and data disclosed by the bank ; and 427 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 b) the Credit Information Bureau (India) Ltd. and any other agency so authorized may furnish for consideration, the processed information and data or products thereof prepared by them, to banks/financial institutions and other credit guarantees, as may be specified by the Reserve Bank of India in this behalf. 7. gr= ck"fUfU;tocfUtht btkd rfUgustl uvh W; l fU= }UK Ft;u(Ft;t) b;mbg cfUtgt NuMy:Jt W; Ft;u(Ft;t) fuUy;;&c=ntustl uvh =ug NuMfUt Cwd;tl gts, vrhgg, Cth ;:t mCe Fatuytih Y;=Ttht r;Cq; "l htrNgtfuUmt: l n fUh vt;t ni ;tucfUck"rfU; mvrtgtfUt rJf{g fUhl uytih RmrJf{g-ytdb fUt Wvgtud ;:t/gt rJrl gtusl , cfUfuUr; ck"fUfU;to fuUW; yrd{b ;:t gt/yg =ug;tytfuUmkck" bntul uJttecfUtgt htrNgt;:t/gt =tJtfuUmbtl wvtr;fU mbtNtu"l nu;w, fUhl ufUt nfU=th ntudt> If the Mortgagor fails to pay on demand to the Bank the balance then outstanding and owing to the Bank or ultimately on the closing of the said cash credit account(s) inclusive of all interest, costs, charges and expenses thereon and other moneys hereby secured, then the Bank shall be entitled to cause the mortgaged properties to be sold and to apply and/ or appropriate the sale proceeds thereof in protanto satisfaction of its dues and/or claim of the Bank in respect of the said advance and/or other liabilities of the Mortgagor to the Bank. (fU) IIcfUfUtu=ug ;:t cfUtht tt rfUme Ce htrN Yumuyl wf{b byl wgw; ntudt simurfUcfUmbg-mbg vh yvl umvqKorJJufUmuyr;b gg murl "torh; fUhu (RmfuUyr;rh;, cfUsimumbg-mbg vh rl "torh; fUhu, Rmu;c ;fU;:t rsmv batnuWak; Ft;ubsbt hF mfU;t ni) (a) Any money due and payable to the Bank and received by theBa~k shall be applied in such order as the Bank in its absolute discretion may from time to timeconclusively determine (save that the Bank may credit the same to a suspense account for so long and in such manner as the Bank may fmm time to time determine). Wvgwo; fuUvqJtd{n fuUrcl t tt fUe dRohtrN fUt rJrl gtud rl l rtrF; v bntudt& Without prejudice to the above, the monies received shall be appropriated in the following manner : i) :b;&rl Keo; nstol t YJkydtt gts (yCtrh; gts mbu;) fuUr; Firstly, towards liquidated damages and further interest (including uncharged interest) ; 428 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 ii) r;eg;&, Ctrh; gts fuUr; < Secondly, towards interest charged; iii) ;];eg;&tdt; Cth ;:t cfUtht WXtY dY FatuofuUr; ;:t Thirdly, towards costs, charges and expenses incurred by the Bank; and iv) ytrFh b, bqt =ug htrN fuUr; Lastly, towards the principal amount due. (F) IIsc ;fUcfUfUtumkvqKohtrN fUt Cwd;tl l n fUh r=gt st;t ni, stnuJn rvAtt, J;obl t gt CrJg fUt ntu, Jt;rJfUgt ytfUrbfUntu, rsmfUt Cw;tl ck"fUfU;totht rfUgt stl t ni gt rsmfuUrtY ck"fUfU;togntgt yg:t =tge ntumfU;t ni, gt ni YJkCtune gn bqt htrN fuUv buntugt r;Cqr; fuUv bntu, ck"fUfU;toRm ct; mumnb; ntudt rfUrfUme Ce mbg cfUtht "trh; gt ck"fUfU;tofuUFt;uvh r;Cq r; ;:t/gt mCehtrN fUtucu al u;:t htrN fUtutt fUhl ufUt cfUfUtud{ nKtr"fUth ntudt ;:t/gt mux ytpVUfUt yr"fUth ntudt>WmhtrN gt/;:t mCehtrNgt, r;Cqr;gt fUtuWbtura; fUhl ufUt Ce cfUfUtuyr"fUth ntudt>begt=e sbt fuUbtbtub ck"fUfU;tofUturcl t mqra; rfUY cfUfUtusbt fuUvrhvJ ntul uvh WmhtrN fUtu mbtgturs; fUhl ufUt yr"fUth ntudt>bwfU=bt =tgh fUhl ufuUct=ugt vntugt fUtuRo gtrgfUfUthoJtRofUhl ufuUct= Ce, cfUfUtuJn htrN mbtgturs; fUhl ufUt yr"fUth ntudt rsmuJn Wra; mbSudt ytih rJJtmvqJofUytfUrt; fUhudt ;:t stuhtrN Wm =trgJ fuUrl Jonl fuUrtY ytJgfUntudt>OO (b) Until payment is made to the Bank of all the amounts, whether past present or future, actual or contingent, which may be payable by the Mortgagor or for which the Mortgagor may be or become liable hereunder or otherwise and whether as principal or surety, the Mortgagor agrees that the bank shall have a lien and/or right of set off on all securities an/or monies whatsoever held at any time by the bank on account of or to be credit of the Mortgagor in or for any account or manner or purpose howsoever. The bank shall be at liberty to discharge the said obligations or liabilities of the Mortgagor out of the said securities and/or monies, and in case of term deposits, whether the same have matured for payment or not, any, may appropriate or realise them in the manner thought fit by it and without notice to the Mortgagor (and whether before or after filing suit or taking any legal proceedings). TIle Bank may set off an amount estimated by it in good faith to be the amount of that obligation. 429 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 8. cfUfUtugn rl Kog fUhl ufUt vqKoyr"fUth ntudt ;:t gn WmfuUJrJJufUbntudt rfUJn ck"fUfU;tofUturfUme rJNuMVUmt yJr" gt btimb fuUrtY fUtuRo}UK =tl fUhugt l n ytih gr= =tl fUhu;turfU;l e bttt bgt Jn cfUfuUvt bY;=Ttht =e dge r;Cqr; fuUntu;unwY Ce fUtuRo htrN Wl vh cfUtgt hFuy:Jt l n>RmfuUmt: ne cfUfUtuvqKoJrJJufUvh nh mbg gn J;kt;t ntude ytih RmfuUrtY WmufUtuRofUthK Ce l n c;tl t ntudt rfUJn sc atnuW; l fU= }UK Ft;u (Ft;t) ytduW"th =ul uck= fUh gt W"th =ul t rcfwUt ne ck= fUh rfUme Ce mbg W; l fU= }UK Ft;u(Ft;t) vh ck"fUfU;totht ;mbg cfUfUtu=ug mCe "l htrNgtfUtuy=tgde fuUrtY Wmmubtd fUhu> That the Bank shall have the absolute right and discretion to decide whether or not to advance any money to the Mortgagor for any particular crop or period or season and if so to what extent or allow to remain outstanding any monies even against the security hereby created in favour of the Bank. Further, the Bank shall be at liberty at anytime at its sole discretion and without assigning it any reason whatsoever to cease to make any further advances in the said cash credit account(s) or at all and to recal any time the monies then due by the Mortgagor to the Bank in the said cash credit account(s). 9. ck"fUfU;toytdugn Ce mkrJ=t fUh;t ni rfUgr= Wvgwo; ck"fUhFe dge mvrtgtfuU rJf{g ytdb mucfUfuU=tJu;:t y:Jt ck"fUfU;totht cfUfUe =ug htrNgtfUtuy=tgde l n ntu vt;e ni ;tuck"fUfU;toRmNuMfUt Cwd;tl yvl e rl se ;:t yg mvrtgtmufUhudt ;:t ckfURl htrNgtfUe Jmqte ck"fUfU;togt WmfuUJtrhNt, rl vt=fUt, NtmfU, r;rl r"gt;:t mbl w=urNr;gtmu fUhl ufUt nfU=th ntudt> The Mortgagor further convenants that should the claim and/or dues of the Bank be not satisfied out of the sale proceeds of the mortgaged properties aforesaid, then the Mortgagor shall pay the balance for in his personal and other properties and the Bank shall be entitled to recover the same from the Mortgagor or his heirs, executors, administrators, representatives and assigns. 10. ck"fUfU;to;:t yg mCe gr;, stuck"rfU; vrhmh gt WmfuUrfUme Ctd bfUtl ql gt mtrgfUZkd murfUme mv=t gt rn; fUt =tJt fUh;uni, RmfuUct=mbg-mbg vh ;:t nh mbg Rm r;Cqr; fuUattqhnl ufuU=tihtl yvl uFaomu;:t WmfuUvat;TYume yvuGt fUhl uJttugr; gt gr;gtfuUFauomumkckr"; vrhmh ;:t WmfuUgufUCtd fUtucun;h ;:t vqKoJv =tl fUhl ufuU rtY g:tJgfUfUe stl uJtte gt fUe st mfUl uJtte mbwra; yvuGtl wmth cfUfuUttC fuUrtY ;:t WmfuUttCvgo; Wvgwo; ;hefuUmumCe fUtgofUhdugt rJtuF rl vtr=; fUhdu> The Mortgagor and all other persons having or lawfully or equitably claiming any estate or interest in the mortgaged premises or any part thereof shall and will from time to time and at all times hereafter at their own costs during the continuance of this security 430 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 and afterwards at the costs of the person or persons requiring the same do and execute all such acts, deeds and things for further better and more perfectly assuring the mortgaged premises and every part thereof upto and to the benefit of the Bank in manner aforesaid as shall or may be reasonably required, 11. ck"fUfU;tocfUfUtu=ug rfUme htrN fuUrJMg bcfUfUe tuFt crngtmu;igth rfUgudgu ;:t tuFtfUth gt rJr"J; tr"f]U; cfUfuUrfUme yg yr"fUthe tht n;tGrh; tuFt-rJJhK fUturcl t rfUme yg JtWah, =;tJus gt fUtdst; fuUne W; htrN fUtumg;t fuUrl KtogfUbtK fuUv b JefUth fUhudt> The Mortgagor shall accept as conclusive proof of the correctness of any sum claimed to be due from him to the Bank a statement of account made out from the Books of the Bank signed by the Accountant or any other duly authorised officer of the Bank without production of any other voucher, documents or paper. 12. gr= ck"fUfU;toRmfuUct= Rmr;Cqr; fuUattqhnl ufuU=tihtl rfUme Ce mbg W; ck"rfU; vrhmh bfUtuRovrhJ"ol ;:t/gt mw"th fUhtgudt ;tuWmuY;=Ttht =e dge r;Cqr; fuUy;do; ;:t WmfuUCtd fuUv bmbSt stYdt> If the Mortgagor shall at any time hereafter during the continuance of this security make any additions and/or improvements in the said mortgaged premises, it shall be covered by and form part of the security hereby created. 13. Rmr;Cqr; vh, Y;=Ttht r;Cq; rfUme Ce "l htrN fuUrtY, yCe gt RmfuUct= cfU tht "trh; rfUme yg r;Cqr; gt dthkxe y:Jt RmfUth fUe yg r;Cqr; gt dthkxe fUe rl bwor;, rJrl bg y:Jt vrhJ;ol mufUtuRor;fqUt CtJ l n v\zudt> That this security shall not be prejudiced by any ather security or guarantee now or hereafter held by the Bank for any money hereby secured by or by any release, exchange or variation of such other security or guarantee. 14. ck"rfU; vrhmh gt WmfuUrfUme Ctd fUtu;mbg J]t Cqrb ysol yr"rl gb y:Jt rfUme yg yr"rl gb fuUy"el yrso; gt yr"d]rn; fUh rtgustl uvh, g:tr:r; gt yr"d{nK fuUVUtJv =e stl uJtte mCe bwytJst htrN ck"fU;tofUe ytih mume"ucfUtht tt fUe stYkde ytih Rl htrNgt fUt Wvgtud ;fUtt, Rl tuFtfUe r;Cqr; vh ;mbg =ug htrN ytih Wmvh tu=TCq; gts ;:t vrhggtYJkck"fUfU;totht cfUfUtuWvgwo; rfUme Ce Ft;uvh =ug yg htrNgtfuUmbtgtusl fuU rtY rfUgt stYdt> In case of acquisitian or requisition of the mortgaged premises or any part thereof under the Land Acquisitian Act or any other Act for the time being in force all sums of money awarded as compensation for acquisition or requisition as the case may be, shall be receivable by the Bank direct on behalf of the Mortgagor and that such money shall be forthwith applied 431 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 in or towards payment of the money together with interest and casts for the time being remaining due on the security of these presents and also in payment of all ather moneys in respect of which the Mortgagor may become indebted to the Bank on any account whatsoever as aforesaid. 15. mvrt y;hK yr"rl gb, 1881 fUe "tht 79 fuUgtusl t (vh;wrfUme yg gtusl fuU rtY l n) Y;=Ttht r;Cq; fUe stl uJtte yr"fU;b htrN .................................... hvgurl "torh; fUh r=gustl ufuUctJsq= Y;=Ttht r;Cq;, cfUvh ck"fUfU;totht yfuUtugt rfUme =qmhugr; gt gr;gtfuUmt: mkgw; v mugt dthkxe=t;t fuUv bgt yg rfUme nirmg; mugt rfUme Ce fUth mu=ug ntuawfUe gt =ug ntul uJtte, vrhvJ, gt yvrhvJ, mN;ogt ytfUrbfU, J;obtl gt CtJe mCe "l htrNgt, Ft;t, }UKt, =ug;tyt;:t rfUme Ce Ft;ubck"fUfU;tovh cfUtht rfUgugumCe =tJt, btdt, vrhggt, Ctht;:t FatufuUrtY cfUfUtuY;=Ttht tt yr"fUthtfuUyg"el (mb:ofU y:Jt yg:t fUth fUe) r;Cqr; fuUv byrl Jtgo;&Wvt" ntude> Notwithstanding the maximum amount intended to be hereby secured as far the purpose of section 79 of the Transfer of Property Act, 1882 (but for another purposes) has been fixed at Rs. ............................... the security hereby created shall subject to the rights of the Bank hereunder be available at the Bank as security (collateral or otherwise) for all sums of money accounts debts liabilities present or future conditional or contingent whether matured or not due or not due or to become due to the Mortgagor by the Bank whether singly or jointly with another or others or as guarantor or any other capacity or otherwise how occur and for all claims demands costs charges and expenses of the Bank against the Mortgagor on an account whatsoever. 16. Rmck"fU-rJtuF fuUy"el cfUtht ck"fUfU;tofUtu;tbet fUhl ufuUrtY yvurG; fUtuRo l turxmgt btd (rzbtz) gr= cfUtht ck"fUfU;tofUtu;trbt fUh =e st;e ni gt cfUbck"fUfU;to tht r=gudguv;uvh, atnugn v;t Wmmbg Jt;rJfUhnt gt l n, Cus =e st;e ni gt Rmu ck"rfU; vrhmh fuUmnsdtuah :tl vh ravfUt r=gt st;t ni ;tuWmuck"fUfU;tofUturJr"J;T;trbt rfUgt dgt btl t stYdt>ck"fUfU;tofUtuCust dgt Yumt l turxm, rl r=o v;uvh ztfUvnwal ufuUmtbtg mbg bvnwa dgt btl rtgt stYdt Ctune gn ck"fUfU;tofUtuJ;w;&;trbt ntuvt;t ni gt l n> Any notice or demand by the Bank under this Deed of Mortgage to the Mortgagor shall be deemed to have been duly delivered to the Mortgagor if delivered to him or if posted at the address furnished by the Mortgagor to the Bank whether such address is then the actual address or not or affixed to any conspicuous part of the mortgaged property. Such notice if posed shall be deemed to have been delivered to the Mortgagor at the time it would reach the addressee in the ordinary course of post whether it is actually delivered or not. 17. cfUtht ck"fUfU;tomuY;=Ttht r;Cq; htrNgtfUt Cwd;tl tt fUhl uby:Jt cfUtht ck"fUfU;tofUtur=gudgurfUme mbg gt Rl tuFtfuUWvc"tbrfUgudgurfUme vrhJ;ol fUt yl wvttl 432 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 fUhtl ubWvuGt ch;l ugt J;ol fUhl ubvrhKtbJv fUtl ql gt mtgt fuUr;Cqt rl gb ntul ufuU ctJsq=, RmfuUvqJoWrrF; ck"fUfU;tofUtumkrJ=tyt;:t WmfuUVUtJv ntul uJtte ck"fUfU;tofUe attq=ug;t bfUtuRor;fqUt CtJ l n v\zudt> Any neglect or forbearance on the part of the Bank to require or enforce payment of the monies hereby secured or any time which may be given by the Bank to the Mortgagor or any variation which may be made in the provision of these presents, shall not in any way prejudice or affect the convenants of the Mortgagor hereinbefore contained or the continuing liability of the Mortgagor by virtue hereof, and rule of law or equity to the contrary notwithstanding. ylwmqae& SCHEDULE : (gntkck"rfU; Cqrb fuUmvqKogtuhur=gustl uatrnY>gr=f]UrMWvfUhK, bNel , vrvkd mux ytr=Ce ck"rfU; rfUgudgun ;tuWl fuUgtuhuCe r=gustl uatrnY) (Full particulars of the land mortgaged should be given here. If agricultural implements machinery pumping sets etc. are also mortgaged their particulars should also be given here.) RmfuUmtg bRl =;tJustvh ck"fUfU;tol uWvrhrtrF; r=l tkfU, btn ;:t JMobyvl un;tGh rfUgu> IN WitNESS WHEREOF the Mortgagor has set his land to these present the day month and year above written SIGNED AND DELIVERED by the Mortgagor at in the presence: 1. ......................................................................... 2. ......................................................................... fUe Wvr:r; bck"fUfU;tol u......................................................(:tl ) bRl =;tJustvh n;tGh rfUguytih WncfUfUtumwvw=orfUgt> ck"fUfU;tofuUn;tGh (To be signed by Mortgagor) (RmfuUrtY fUb-mu-fUb 2 dJtn ntul uatrngu) (N.B. There should be at least 2 witnesses) l tux &Rm=;tJus fuUWvgwo; rn=e yl wJt=brfUme N=gt Jtg fuUy:ofuUcthubrJJt=vi=t ntul uvh gt Rmmkck" brfUme Ce fUth fUe rJath-rJrCt;t fUe r:r; bRmfUt ykd{use vtX ne fUtl ql fUe =]r mutbtrK; ytih tr"f]U; btl t stYdt> 433 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-103A UCO BANK 10, B.T.M. Sarani, Kolkata-700 001 THIS DEED OF SIMPLE MORTGAGE is made this ......................................................... day of ........................ 20 ......... BETWEEN SRI ....................................................................... son of .......................................................................................... aged .................. years by occupation ................................................ residing at Village ..................................................... P.S. .................................... District .................................... hereinafter called the Mortgagor (which expression shall unless excluded by or repugnant to the subject or context include his heirs, executors, administrators, representatives assigns and transferees-in-interest) of the FIRST PART AND UCO BANK, a Corporate Body constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970 and having its Head Office at 10, B.T.M. Sarani, Kolkata 700 001 and also a branch at ......................................................... hereinafter called the Bank (which expression shall unless excluded by or repugnant to the subject or context include its successors, transferees-in-interest and assigns) of the Other Part : WHEREAS: 1. The Mortgagor is absolutely seized and possessed of or otherwise well and sufficiently entitled to ALL THAT the land hereditaments and premises situated at Village ........................... Tehsil .............................. District .......................................... fully described in the Schedule hereunder written free from all encumbrances and charges thereon. 2. The Mortgagor who is an agriculturist applied to the Bank for financial assistance for his agricultural operation. 3. The Bank has at the request of the Mortgagor allowed/agreed to allow to the Mortgagor cash credit facilities from time to time up to the limit of Rs. .............................. in a cash credit account or accounts opened or to be opened by the Bank in its books at ........................................................ Branch in the name of the Mortgagor on the terms and conditions contained herein and on the Mortgagor agreeing to secure all Monies which now are or hereafter shall become due and owing on balance of such account(s) or in respect of advances now or hereafter to be made or otherwise from the Mortgagor to the Bank with interest costs, charges and expenses thereon by the Mortgage of the said land hereditaments and premises and the crops existing thereon and/or to be raised by the Mortgagor from time to time whether already sown or to be sown in future or standing crops or cut or stacked in the said land or stored in the Mortgagors godowns or premises or wherever else held on 434 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 account of or on behalf of the Mortgagor, or under the Mortgagors control or disposition and also agricultural implements, machinery, pumping set, articles of agricultural inputs etc. as hereinafter contained. NOW THIS DEED WITNESSETH as follows: 1. In pursuance of the said agreement and in consideration of the premises the Mortgagor hereby covenants, with the Bank that he the Mortgagor shall on demand pay to the Bank the sum which shall then be due and owing to the Bank on the balance of the said cash credit account(s) of the Mortgagor (including interest and other usual charges) and such other sum or sums of money as the Mortgagor shall then be indebted in or liable to pay to the Bank upon or in respect of the said advances. 2. The Mortgagor shall pay interest at the rate of .................. % per annum over the Reserve Bank of India rate subject to a minimum of ...............% per annum with monthly rests to the Bank on the outstandings in the said cash credit account(s), provided that the Bank shall at any time or from time to time be entitled to change the rate of interest and notify to the Mortgagor of such change and this deed shall be construed as if such revised rate of interest was always mentioned in these presents and agreed to be paid by the Mortgagor and hereby secured. 3. Interest payable at the rate aforesaid shall be calculated and charged on the daily balance in the Banks favour due upon said cash credit account(s) until the same is fully liquidated. 4. The Mortgagor shall pay all costs (including as between attorney and client) charges and expenses actually paid or payable by the Bank in relation to the security including those of and incidental to any proceedings which may be had and which the Bank shall incur or be put to or be liable to pay in or about and incidental to the protection of the security and for procuring or obtaining or attempting to procure or obtain payment or recovery of all or any of the moneys hereby secured or part thereof and all other costs whatsoever including taking of opinion and correspondence or otherwise which the Bank may incur until the mortgaged premises are reconveyed (hereinafter collectively referred to as all costs charges and expenses). 5. In pursuance of the said agreement and in consideration of the premises, the Mortgagor hereby mortgages to the Bank by way of Simple Mortgage ALL THAT the said land, hereditaments and premises more particularly described and referred to in the Schedule hereunder written together with all houses, buildings, structureserections now erected or hereafter to be erected or standing thereon or any part thereof together with the whole of the crops existing or to be raised from time to time on the said land whether already sown 435 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 or to be sown in future or standing crop or cut and stacked on the said land or stored at the Mortgagors godown or premises wherever else they may be or which may be held on account or on behalf of the Mortgagor and also agricultural implements and machinery, electrical pumping sets and oil-engine, stocks of agricultural inputs viz. seeds, fertilizers, manure, pesticides, insecticides etc. (present as well as future) purchased and/or belonging to the Mortgagor and which are being/will be utilised/used for agricultural production on the Mortgagors lands as well as gardens, trees, shrubs, ways, passages, drains, liberties, easements, privileges and appurtenances whatsoever to the said land, hereditaments and premises belonging or in anywise appertaining thereto or usually held or occupied or enjoyed therewith or reputed to belong or be appurtenant thereto AND all the legal incidents thereof together with all deeds, pattahs, muniments, writing and other evidences of title relating thereto which now are or hereafter shall or maybe in the custody, power or in possession of the Mortgagor AND ALL the estate, right, title, interest, claim and demand whatsoever of the Mortgagor or any other person or persons claiming through him and every part thereof by way of security for the due repayment on demand of the balance due to the Bank at any time or ultimately on the closing of the said cash credit account(s) and also as security for payment of all other moneys which shall become due and owing from the Mortgagor to the Bank on account and in respect of the said advances made and/or to be made and such other sum or sums of money as the Mortgagor shall then be indebted or liable to pay to the Bank upon or in respect of any other loans, credits or advances made or for the accommodation or at the request of the Mortgagor or in respect of any other matter whether the Mortgagor shall be so indebted or liable solely or jointly with any person or persons or company whether as principal or as surety. The expression the balance due to the Bank used herein shall be taken to include the principal moneys from time to time due on the said Cash Credit Account(s) and also all interest thereon calculated from day to day at the rate hereinafter mentioned and the amount of all charges and expenses which the Bank may have paid or incurred in any way in connection with the mortgage properties or the sale or disposal thereof. 6. Mortgagor hereby further covenants with the Bank as follows : (i) That the sums advanced and/or to be advanced by the Bank shall be used by the Mortgagor for the purpose of his agricultural operations and for no other purpose whatsoever. (ii) That the Bank shall not be required to make advances or continue advances in the said cash credit account(s) otherwise than at the Banks discretion. (iii) That the Mortgagor shall keep at his risk and expenses, the crop grown or 436 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 to be grown or the produce and the agricultural implements, machinery, electrical pumping sets, oil engine, stocks of agricultural inputs in good state and condition and protected against loss, deterioration and damage. (iv) That the Mortgagor shall not cut the crops on the said land without the express written permission of the Bank during the subsistence of the loan and the crop so cut with the consent of the bank shall be delivered immediately on pledge to the Bank or assigns and the Mortgagor shall not be entitled to the custody of the out crops except with the permission of the Bank and only for the specific purpose of further processing the produce or sale. (v) That the Bank, its servants, agents and nominees shall be entitled at all times without notice to the Mortgagor or guarantor to enter the above said land or the premises where the produce raised on the said land are stored and inspect and check the same and also on the default of the Mortgagor in payment of any money hereby secured or the performance of any obligation of the Mortgagor to the Bank or occurrence of the circumstances, in the opinion of the Bank endangering the security, to take possession, cut or remove the crop or produce or sell by public auction or private contract without being bound to exercise any of these powers or being liable for any loss in the exercise thereof and without prejudice to the banks remedies of suit or otherwise. (vi) That nothing herein shall prejudice any rights of the Bank in respect of any present or future security, guarantee obligation or decree for any indebtedness or liability of the Mortgagor to the Bank. (vii) The Mortgagor declares and undertake that the present or future crops or produce grown on the said land and the said land shall be kept free from any prior or future charge or encumbrance and be the absolute and disposable property of the Mortgagor. (viii) That the Mortgagor declares that the said land is the absolute property of the Mortgagor and the Mortgagor has full and exclusive rights to the enjoyment of the benefits arising from the said land whether as the absolute owner of the land or otherwise. (ix) That the Mortgagor shall pay all revenue, cesses, charges etc. in relation to the said land or as to the user thereof and always keep the benefits arising out of the said land free from all charges, statutory or otherwise. 437 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (x) That the Bank shall be at liberty (without being bound to do so) to pay all revenue, taxes, cesses and other such public or statutory demands and charges by debiting the same to the said cash credit account(s) of the Mortgagor if the Mortgagor fails to pay the same within the time, and payment so made shall be secured hereby and deemed as an advance in the said credit account(s). (xi) The Mortgagor shall, during the continuance of the security, keep all title deeds of his properties hereby mortgaged deposited with the Bank. The Mortgagor shall, in no case deliver the said documents of title to any other person or deal with them in any manner prejudicial to the interest of the Bank during the continuance of this Security- (xii) The Bank shall not be answerable or accountable for any involuntary losses which may happen in or about the exercise or execution of any of the power or trusts which may be vested in the Bank by virtue of these presents or by any legislative enactment. (xiii) That this Deed of Mortgage is to operate as security for the balance from time to time due to the Bank and also for the ultimate balance to become due on the said Cash Credit Account(s) and the said account(s) is/are not to be considered to be closed for the purpose of this security and this security is not to be considered exhausted by reason of the said Cash Credit Account(s) being brought to credit at any time or from time to time or of its/ their being drawn upon to the full extent of the said sum of Rs. .................................... if afterwards reopened by a payment to credit. 7. If the Mortgagor fails to pay on demand to the Bank the balance then outstanding and owing to the Bank or ultimately on the closing of the said cash credit account(s) Inclusive of all interest, costs, charges and expenses thereon and other moneys hereby secured, then the Bank shall be entitled to cause the mortgaged properties to be sold and to apply and/ or appropriate the sale proceeds thereof in protanto satisfaction if its dues and/or claim of the Bank in respect of the said advance and/or other liabilities of the mortgagor to the Bank. 8. That the Bank shall have the absolute right and discretion to decide whether or not to advance any money to the Mortgagor of any particular crop or period or season and if so to what extent or allow to remain outstanding any monies even against security hereby created in favour of the Bank. Further the Bank shall be at liberty at any time at its sole discretion and without assigning any reason whatsoever to cease to make any further advances in the said cash credit account(s) or at all and to recall at any time the monies then due by the Mortgagor to the Bank in the said cash credit account(s). 438 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 9. The Mortgagor further covenants that should the claim and/or dues of the Bank be not satisfied out of the sale proceeds of the mortgaged properties aforesaid, then the Mortgagor shall pay the balance from his personal and other properties and the Bank shall be entitled to recover the same from the Mortgagor or his heirs, executors, administrators, representatives and assigns. 10. The Mortgagor and all other persons having or lawfully or equitably claiming any estate or interest in the mortgaged premises or any part thereof shall and will from time to time and at all times hereafter at their own costs during the continuance of this security and afterwards at the costs of the person or persons requiring the same do and execute all such acts, deeds and things for further better and more perfectly assuring the mortgaged premises and every part thereof upto and to the benefit of the Bank in manner aforesaid as shall or maybe reasonably required. 11. The Mortgagor shall accept as conclusive proof of the correctness of any sum claimed to be due from him to the Bank a statement of account made out from the Books of the Bank signed by the Accountant or any other duly authorised officer of the Bank without production of any other voucher, documents or paper. 12. If the Mortgagor shall at any time hereafter during the continuance of this security make any additions and/or improvements in the said mortgaged premises, it shall be covered by and form part of the security hereby created. 13. That this security shall not be prejudiced by any other security or guarantee now or hereafter held by the Bank for any money hereby secured by or by any release, exchange or variation of such other security or guarantee. 14. In case of acquisition or requisition ot the mortgaged premises or any part thereof under the land Acquisition Act or any other Act for the time being in force all sums of money awarded as compensation for acquisition or requisition, as the case may be, shall be receivable by the Bank direct on behalf of the Mortgagor and that such money shall be forthwith applied in or towards payment of the money together with interest and costs for the time being remaining due on the security of these presents and also in payment of all other moneys in respect of which the Mortgagor may become indebted to the Bank on any account whatsoever as aforesaid. 15. Notwithstanding the maximum amount intended to be hereby secured as for the purpose of section 79 of the Transfer of Property Act, 1882 (but for no other purposes) has been fixed at Rs. .......................................... the security hereby created shall subject to the rights of the Bank hereunder, be available to the Bank as security (collateral or otherwise) For all sums of money accounts debts liabilities present or future conditional or contingent 439 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 whether matured or not due or to become due to the Mortgagor by the Bank whether singly or jointly with another or others or as guarantor or any other capacity or otherwise howsoever and for all claims demands costs charges and expenses of the Bank against the Mortgagor on any account whatsoever. 16. Any notice or demand by the Bank under this Deed of Mortgage to the Mortgagor shall be deemed to have been duly delivered to the Mortgagor if delivered to him or if posted at the address furnished by the Mortgagor to the Bank whether such address is then the actual address or not or affixed to any conspicuous part of the mortgaged property. Such notice if posted shall be deemed to have been delivered to the Mortgagor at the time it would reach the addressee in the ordinary course of post whether it is actually delivered or not. 17. Any neglect or forbearance on the part of the Bank to require or enforce payment of the monies hereby secured or any time which may be given by the Bank to the Mortgagor or any variation which may be made in the provision of these presents, shall not in any way prejudice or affect the covenants of the Mortgagor hereinbefore contained or the continuing liability of the Mortgagor by virtue hereof, and rule of law or equity to the contrary notwithstanding. SCHEDULE: (Full particulars of the land mortgaged should be given here, if agricultural implements, machinery, pumping sets etc. are also mortgaged their particulars should also be given here) IN WITNESS WHEREOF the Mortgagor has set his land to these present the day month and year above written. SIGNED AND DELIVERED by the Mortgagor at in the presence of : 1. ........................................................ 2. ........................................................ (N.B. : There should be at least 2 witnesses) ....................................................... (To be signed by Mortgagor) 440 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Rmuyl wtbtrl ; l ne rfUgt stY) Y/A-104 (mkNtur";/Revised) (NOT TO BE ATTESTED) xtv STAMP (vkv-mux fUtu=]rck"fUhFl ufUt VUtbo) (FORM OF HYPOTHECATION OF PUMPSET) muJt bu, ;theF/Date...............20 TO gqfUtuckifUUCO BANK ............................................. ............................................. ............................................. rg bntu=gdK Dear Sirs, bwSu/nbu ............................... bufUfUt ........................... yJ Nr; fUt YfUrJ w;/zest vkv-mux YJkWmfuUmntgfUWvfUhK/ ....................................... bufUfUt uuxh YJkWmfuUmntgfUWvfUhK/rz[rtkd gqrl x, rsmfUt rJ;]; rJJhK RmfuUl eau=e dRoyl wmqae fUbur=gt dgt ni, Fhe=l ufuUrtY mGb cl tl unu;wbwSu/ nbu ................... h0 fUt (rsmuRmbuRmfUt vnat;TIIbqt "l OOfUnt dgt ni) }UK =tl fUhl ufuUrtY ytvfuUtht mnb; ntul ufuUr;VUtJv bnbuRmfuUtht mkgwU;&YJkv]:fU;, ytvfUtu;:t ytvfuUvG bu ................................... bufUfUt W; ........................ yJ Nr; fUt rJ w;/zest Rksl vkv-mux YJkWmfuUmntgfUWvfUhK/ .................... bufUfUt x[ixh YJkWmfuUmntgfU WvfUhK/rz[rtkd gqrl x, rsmfUt rJ;]; rJJhK RmfuUl eau=e dRoyl wmqme IfUOfuUr=gt dgt ni (rsnu RmbuRmfuUvat;TmkrGt;t fUe =]r mumtbqrnfUv muII=]rck"fUhFudY bttOOfUnt dgt ni) =]rck"fUhF;t nqi/hF;uni>=]rck"fUhFudY btt bwSu/nbuytvfuUtht r=Y dY }UK fuUy"el ytih WmfUe ctc; ;;bg cfUtgt bqt "l gt WmfuUNuM;:t RmbRmfuUvat;TWvckr"; =h vh gts ytih Rmr;Cqr; fuUvrhhGh, r;hGt ytih vqKo;t fuUrtY gt WmfUe gr;; gt Jt;rJfUJmqte fuU rtY ;:t ytvfuUcfUtY fUe Jmqte fuUrtY ytvfuUtht Wvd; mCe ttd;, Cth YJkFaofUe btkd fUhl uvh rfUme mbg ......................... bubuhu/nbthutht mgfUawfUti;e nu;q;:t ytvfuUr; buhe/nbthe rfUme Ce fUth fUe Yume mCe J;obtl YJkCtJe }UKd{;;t YJk=ug;t fuU, atnuJuyfuUtune gt mkgw;;&, t:rbfUgt mkvtrNJofUv bumCe mckr"; gts, Cth, ttd; YJkFaoWvra; nwY ntugt ntuhnuntumgTCwd;t; nu;wCe :b Cth fuUv bur;Cqr; fUe ;hn =]rck"fUhFust;un> 441 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 In consideration of your agreeing to advance to me/us a loan of Rs. ............................. (hereinafter referred to as the Principal Amount) to enable me/us to purchase herewith a............... H. P. Electrical/Diesel Pumpset of........................................ make together with accessories thereto/tractor of.............................. make together with accessories/drilling unit more particularly described in Schedule A hereunder written. I/We jointly and severally hereby hypothecate to you and in your favour the said........................ H. P. Electrical/Diesel Engine Pumpset of.......................... make together with accessories thereto/tractor of..................... make together with accessories/drilling unit more particularly described in Schedule A hereunder written (hereinafter for brevitys sake collectively referred to as the hypothecated goods). The hypothecated goods are hypothecated as security by way of first charge for due repayment by me/us of...................... to you at any time on demand of the principal amount or the balance thereof for the time being outstanding under and in re- spect of your said loan to me/us with interest at the rate hereinafter provided and all costs, charges and expenses incurred by you for the preservation, defence and perfection of this security or for attempted or actual realisation thereof and for recovery of your dues AND ALSO for due repayment of all my/our present and future indebtedness and liabilities to you of any kind in any manner whether solely or jointly, primary or collateral, accrued or accruing with all relative interests, charges, costs and expenses. 2. b/nb RmfuUtht fUhth YJkJal ck" fUh;t nqi/fUml un rfUb/nb =]rc"kfUhFudY btt vh II .......................... ckifUfuUvG b=]rck"fUhFt dgtOON=tufUt ctuzogt vxTx tdtfUh gt yg rfUme Yumuv gt her; musimt ytv, ytvfuUyr"fUthe, muJfUytih Ysx mbg-mbg vh rl =uoN =u, RmfuUy"el ytvfuUvG b=]rck"l Cth m]rs; fUhl ufuUcthubmJomt"thK fUtumqra; fUkdt/fUhdu> I/We hereby agree and undertake to notice to all members of the public of and about the hypothecation charge created in your favour hereunder by placing board or a plate on the hypothecated goods with the words HYPOTHECATED TO................ BANK or in any other mode or manner which you, your officers, servants and agents may direct from time to time. 3. b /nb Rmfu Utht fUhth YJkvw r fUh;t nq /fUh;un rfU;mbg =u g W; ................................ 0 fuU}UK gt WmfuUNuM vh Cth;eg rhsJocfUfUe =h mu ...................... % r;cMoyr"fUvh;q gql ;b ............... %r;cMofUe =h vh gts tdudt ytih Jn gufUJMo30 rm;kch YJk31 btao fUtuy"oJtrMofUgts mrn; =ug ntudt ;:t Yumt :b Cqd;tl 20 ............ fuU ................. fuU ............... r=l fUturfUgt stuYdt<vkh;wrVUh Ce ytvfuUYfUbtt rJJufUtr"fUth fuUy"el Wvgow; Jts fUe =h b mkNtu"l gt J]r bwSu/nbl turxm=ufUh gt mbg-mbg vh sthe rfUY dY Cth;eg rhsJocfUfuUrl =uoNt fuUyl wmth fUe st mfU;e ni ;:t b/nb RmfuUtht gts-=h brfUY dY YumumkNtu"l YJkJ]r mu mnb; nq/n ytih RmfUhth mugn y:otdtgt stYdt btl tuYumumkNtur"; gt Jr"o; gts-=h fUt 442 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Wj uF RmbrfUgt dgt :t ytih b/nb Rl fUt Cwd;tl fUhl ufuUrtY mnb; :t/:u;:t RmfuUtht gu mwhrG; n> I/We hereby agree and confirm that the said loan of Rs. ........................ or the balance thereof due for the time being shall carry interest at the rate of.................... % over the Reserve Bank rate with a minimum of.................... % per auumn and shall be payable with half-yearly interest on the 30th September and 31st March each year, the first of such payments to be made on the................ day of............ 20........, provided however that the above rate of interest may be revised or increased by you either in your sole discretion of which notice shall be given me/us or in accordance with the directives of Reserve Bank of India issued from time to time to and I/We hereby agree to such revision and increase in the rate of interest and this Agreement shall be construed as if such revised or increased rate of interest were mentioned herein and agreed to be paid by me/us and are hereby secured. 4. b/nb fUhth YJkvwr fUh;t nq/fUh;unpi rfUbtkd rfUY stl uvh ................................................ 0 fUt W; }UK Wvgwo; gts mrn; .............................. r:; ytvfUe NtFt bbhu/nbthutht mkgw;;&ytih v]:fU;&=ug ntudt> I/We agree and confirm that the said loan of Rs. ................... shall be repayable by me/us jointly and severally on demand at your branch situated at..................... with interest as aforesaid. 5. b/nb RmfuUtht fUhth, vwr YJkJal ck" fUh;t nq/fUh;un rfUsc ;fUbuhu/nbthugt nb bmurfUme YfUfuUvtmytvfUt fUtuRo"l cfUtgt hn;t n ;c ;fUb/nb gt nb bmufUtuRoCe ytvfuU, ytvfuUyr"fUtrhgt, muJfUtYJkYsxttht bwSu/nbgt nb bmurfUme YfUfUtumbg-mbg vh r=Y dY ytih sthe rfUY dY rfUn yl w=uNtufuUrJvhe; ytih/gt yr;f{bK b=]rck"fUhFudY btt fUe l ;turcf{e fUkdt/fUhdu, l Wl fUt rl vxtht fUkdt/fUhdu, l Wnyvl umuytd fUkdt/fUhdu, l WnCtrh; fUkdt/fUhdu, l rJtkdbd{; fUkdt/fUhdu, l nxtQkdt/nxtYkduytih l ne Wnnxtl ufUe yl wbr; =qkdt/=du> I/We hereby agree, confirm and undertake that so long any moneys remain due by me/us or any one of us to you, I/We or any of us shall not sell or deal with or part with the hypothecated goods, charge or encumber the same nor remove nor permit the removal of the hypothecated goods contrary to and/or in violation of any of the instructions given and issued by you, your officers, servants and agents to me/us or to any one of us from time to time. 443 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 6. b/nb fUhth fUh;t nq/fUh;un rfUb/nb rfUme Yume :tJh mkvr; fUe ctc; mCe rfUhtgt, hux, fUh, WvfUh, rl "tohK ytih rl dob fUt Cwd;tl fUkdt/fUhdursmbgt rsmvh =]rck"rfU; btt hFu stYk, yl whrG; rfY stYkYJkv\zuhn;:t Yume mkvr; fUtuytd muntul uJtte ntrl gt Gr; fuUrJh cebtf]U; fUhtfUh hFqkdt/hFduytih Yume yg sturFb fuUrJh Ce cebt fUhtQkdt/fUhtYkdusime ytv yvuGt fUh;:t WmfUe ctc; cebt vtrtme YJkcebt hme=, sc Ce yvurG; ntu, ytvfuUvtkm;w; fUkdt/fUhdu> I/We agreed to pay all rents, rates, taxes, cesses, assessments and outgoings in re- spect of any immovable property in or on which the hypothecated goods may be kept, maintained, lying upon and shall keep such property insured against loss or damage by fire and shall insure against such other risks as you may require and shall produce the Policies of Insurance and premium receipts in respect thereof to you whenever required. 7. b/nb fUhth YJkvwr fUh;t nq/fUh;un rfUb/nb Yume sturFb, Yume htrN ytih Yume yJr" fuUrtY YJkYumuv b;:t Yume cebt fUvl e fuUvtmytvfuUYJkbuhu/nbthumkgw; l tb b=]rck"fU hFudY btt fUt cebt fUhtQkdt/fUhtYkduYJkWncebtf]U; hFqkdt/hFdusime ytv yvuGt fUhytih yl wbtur=; fUhytih ytvfUtumgfTUv mumbl w=urN; fUh cebt vtrtrmgtkytvfUtumtiv =qkdt/=duytih Yumucebt fUtur;Cqr; fuUsthe hnl ufuU=tihtl nbuNt attqntt; bcl tY hFqkdt/hFdu;:t l JefUhK hme=ytvfUtumtiv =qkdt/=du>Rmbgr;f{b ntul uvh ytv Yumucebt fUtuCtJe fUh mfU;un gt Wl fUt l JefUhK fUht mfU;un vh ytv Yumt fUhl ufuUrtY ctg l n n ytih Yume =Nt bytvfuUtht Cwd;tl rfUY dY rfUme erbgb YJkWvd; rfUY dY rfUme ttd;, Cth ;:t FaofUe btkd rfUY stl u vh b/nb ;fUtt Wl fUe awfUti;e fUkdt/fUhduytih JuawfUti;e ntul u;fUWvgwo; =h vh gts mrn; =]rck"fUhFudY btt vh Cth cl uhndu>Yumucebt fuUy"el tt mCe htrN fUt Wvgtusl RmfuU y"el ;mbg ytvfUtu=ug htrN fuUvrhmbtvl bgt fuUrtY rfUgt stYdt> I/We agree and confirm that I/We shall insure and keep the hypothecated goods in- sured against such risks, for such amounts and periods and in such form and with such Insurance Company as you shall from time to time require and approve in the joint means of yourselves and myself/ourselves AND shall deliver to you the policies of Insurance duly assigned to you AND shall keep on foot and maintain such insurance throughout the con- tinuance of the security and deliver to you the renewal receipts. In default you may but shall not be bound to effect or renew such insurance. In which event any premium paid by you and any costs, charges and expenses incurred by you shall be repaid by me/us on demand forthwith AND shall until repayment with interest at the rate aforesaid be a charge on the hypothecated goods. All sums received under such insurance shall be applied in or towards liquidation of the amount for the time being due to you hereunder. 8. b/nb RmfuUtht fUhth fUh;t nq/fUh;un rfUb/nb yvl e mCe ytr;gtYJk=]rck"fUhFu 444 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 dY btt fUt vqKorJJhK ytvfUtu=qkdt/=duytih ytvfUtu, ytvfuUyr"fUtrhgt, muJfUtYJkYsxtfUtu =]rck"fUhFudY btt ;:t Wl mumkckr"; yvl umCe yrCtuFtfUe stka fUhl ufUe yl wbr; =qkdt/=du> ytvfuUtht Wvd; rfUY dY YJkYume stka fuUyl wMkde mCe ttd;, Cth YJkFaofUe btkd rfUY stl u vh Wl fUt Cwd;tl ;fUtt buhu/nbthutht ytvfUturfUgt stYdt ytih sc;fUWl fUt Cwd;tl l ne rfUgt stYdt ;c;fUJu=]rck"fUhFudY btt vh Wvgwo; =h vh gts mrn; Cth cl uhndu> I/We hereby agree to give full particulars to you of all my/our assets and of the Hypothecated goods and shall at all times allow you, your officers, servants and agents inspection of hypothecated goods and of all my/our records in reference thereof. All costs, charges and expenses incurred by you of and incidental to such inspection shall be paid by me/us to you forthwith on demand and until payment shall with interest at the rate aforesaid be a charge on the hypothecated goods. 9. b/nb RmfuUtht fUhth YJkvwr fUh;t nq/fUh;un rfUytvfUtu, ytvfuUyr"fUtrhgt, muJfUtYJk YsxtfUtuWmCqrb gt vrhmh bJuN fUhl ufUt rJ;]; yr"fUth YJkvqKotr"fUth ntudt rsmvh =]rck"fUhFudY btt buhu/nbthugt nb bmurfUme YfUgt nbthumuJfUtgt YsxtbmurfUme YfU tht rfUme fUth fUe ct"t gt ytvrt rfUY rcl t hFust;un, yl whrG; rfUY st;un gt v\zunwY n ;:t b/nb RmfuUtht ytdufUhth YJkvwr fUh;t nq/fUh;un rfUb/nb ytvfUtu, ytvfuUyr"fUtrhgtk, muJfUtYJkYsxtfUe Wvgwo; gtusl fuUrtY ytih =]rck"fUhFudY btt ytih/gt Wl mumkckr"; yrCtuFtfUe stka fuUrtY ytih/gt Rm=]rck"l -vt fuUy;do; ytl uJtturfUme yg gtusl fuU rtY gt yg:t mc ytih nh mbg Yume Cqrb gt vrhmh vh stl unu;wmb; YJkvqKomwrJ"t YJk mnqrtg; =tl , bksqh fUkdt/fUhdu;:t Wl fuUrtY mnbr; =qkdt/=du> I/We hereby agree and confirm that you, your officers, servants and agents shall have full right and complete authority to enter upon the lands or premises on which the hypothecated goods are kept, maintained or lying on without any hindrance or objection of whatsoever nature from me/us or from any one of us or from any one of our servants or agents and I/We hereby further agree and confirm to give, grant and accord all and com- plete facilities and conveniences to you, your officers, servants and agents for having an access at all and every times to any such lands or premises for the purpose aforesaid and for inspection of the hypothecated goods and/or of the records in reference thereof and/or for any of the other purpose covered by this letter of hypothecation or otherwise. 10. b/nb RmfuUtht ytdufUhth, vwr YJkJal ck" fUh;t nq/fUh;un rfUgr= b/nb btkd rfUY stl uvh rfUme Yumu"l fuUCwd;tl baqfUt fUh;t nq/fUh;un rsmfUt Cwd;tl RmfuUy"el buhu/nbthu tht rfUgt stl t :t gt Rmbyk;rJo rfUme fUhth fUtuCkd fUh;t nq/fUh;un gt fUtuRoYume vrhr:r; Wvt ntu;e n stuytvfuUYfUbtt rl Kog fuUyl wmth Rm=]rck"l -vt tht m]rs; =]rck"l r;Cqr; vh r;fqUt CtJ ztt;e n gt WmumkfUx bztt;e n gt Wmvh r;fqUt CtJ v\zl ugt WmumkfUx 445 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 bzttl ufUe ytNkfUt ni gt buhe/nbthe rfUne mkvrt gt ytr;ytfuUrJhtu" fUtuRofUhgbTgt fwUfUeo W=Td]ne; gt Jr;o; ntu;e ni gt gr= fUtuRogr; bwSu/nbgt nb bmurfUme YfUfUtur=Jtrtgt gtgrl Ke; rfUY stl ufuUrtY ytJu=l fUh;t n gt buhu/nbthugt nb bmurfUme fuUrJh r=Jtrtgtvl fUt yt=uN sthe rfUgt st;t n gt b/nb gt nb bmufUtuRoCe r=Jtrtgt gtgrl Keo; rfUY stl ufuU rtY ytJu=l fUh;t nq/fUh;un ;c ytih YumurfUme btbtubytvfuU, ytvfuUyr"fUtrhgt, muJfUtYJk YsxtfuUrtY gn rJr"vqKontudt rfUJu;fUtt gt WmfuUct= rfUme mbg ;:t rcl t rfUme mqal t fuUrfUme Yume Cqrb gt Gut gt vrhmh bJuN fUhsntgt rsmvh =]rck"fUhFudY btt hFu stYk, mkra; rfUY stYkgt v\zunt;:t Yume rJr fuUgtusl t:oYumumCe fUtgo, f]Ug gt fUbofUh rsnytv ytJgfUmbS;:t =]rck"fUhFudY btt fUe stka fUh, Wl fUt bqgtkfUl fUh, Wn cebtf]U; fUhtYkytih/gt Wl fUtuyvl e mwvw=ode btuytih/gt Wl fUt yrCd{nK fUh, WnJmqt fUh, tt fUh, Wl fuUrtY rhmeJh rl gw; fUhytih/gt Wl vh fUst fUh;:t WmfuUct= gt ;tu;fUtt gt rfUme mbg gt mbg-mbg vh atnuttufUl ettbe gt rl rJ=t y:Jt tRJux mkrJ=t gt rl rJ=t tht ytih YfUgt yr"fUttx b=]rck"fUhFudY mCe btt gt Wl fuUrfUme Ctd fUtuYume her; muYJk Yume N;tuovh rcf{e YJkggrl ; fUhsimt ytv Wra; mbS;:t Rl bmurfUn Nr;gtfuUgtud fuUrtY ytc nwY rcl t gt Wl fuUgtud muntul uJtte ntrl fuUrtY =tge nwY rcl t ;:t Jt==tgh fUhl ufuUytvfuUyr"fUthtYJkWvathtvh fUtuRor;fqUt CtJ ztturcl t Wvgwo; rfUn yr"fUthtfUtu Jr;o; fUh, yt; fUh, ;g fUh, Wl fuUrtY mbSti;t fUhYJkWl fUt rl vxtht fUh;:t fUtuRotkrc; Jt= gt yg fUtgoJtne ntu;unwY Ce b/nb ytih nb bmunhufURmfuUtht Jal ck" fUh;t nq/fUh;un rfU b/nb ytvfUtumCe mkckr"; mkrJ=t, r;Cqr;, cesfU, rct, l tux, nwkze YJk=;tJus =qkdt/=du;:t b/ nb fUhth fUh;t nq/fUh;un rfUytvfuUtuFtytih rcf{e YJkJmqte fUtuJefUth fUkdt/fUhdu;:t Wl b =rNo; rfUme fUbe fUt Cwd;tl fUkdt/fUhdu>=]rck"fUhFudY btt fUe rJf{e gt Jmqte fuUYumuytdb fUt, stuWmmuYume rJf{e ytih/gt Jmqte fUe gt Wl fuUyl wMkde ttd;, Cth ytih FaofUe fUxti;e fUhl u fuUct= ca;t ni, Wvgtud gts mrn; W; Yumu}UK fuUNuM;:t RmfuUy"el buhu/nbthugt nb b murfUme YfUfuUtht ytvfUtu=ug mCe ttd;, Cth YJkFaoytih yg Yumu"l fUe, rsmfUt Cwd;tl RmfuUtht mwhrG; ni, awfUti;e fuUr; rfUgt stYdt stubuhu/nbthugt nb bmurfUme YfUfuUtht ytvfUtu=ug n> I/We hereby further agree, confirm and undertake that if I/We fail to pay on demand any moneys which ought to be paid by me/us hereunder or shall commit breach of any agreement on my/our part herein contained or if any circumstances shall occur which in your sole judgment is prejudicial to or imperils or is likely to prejudice or imperil the hypothecation security created by this Letter of Hypothecation or if any distress or execu- tion is levied or enforced against any of my/our property or assets whatsoever or if any person shall apply to have me/us or any one of us adjudicated insolvent or if any order of insolvency is made against me/us or any of us or I/We or any one of us apply to be ad- judicated insolvent then and in any such case as it shall be lawful for you, your officers, servants and agents forthwith or at any time thereafter and without any notice to enter into 446 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 upon any lands or fields or premises where or whereon the hypothecated goods may be kept, stored, maintained or lying upon and for the purpose of such entry to do all acts, deeds or things deemed necessary by you and to inspect, value, insure and/or take charge of and/or to seize, recover, receive, appoint receivers of and/or to take possession of the hypothecated goods and thereupon either forthwith or at any time or from time to time either by public auction or tender or private contract or tender and in one or more lots to sell and dispose of all or any part of the hypothecated goods in such manner and on such terms as you shall think fit and to enforce, realise, settle, compromise and deal with any rights aforesaid without being bound to exercise any of these powers of being liable for any losses in the exercise thereof and without prejudice to your rights and remedies of suit or otherwise and notwithstanding there may be any pending suit or other proceeding. I/We and every one of us hereby undertake to transfer and deliver to you all relative contracts, securities, invoices, bills, notes, hundies and documents and agree to accept your accounts and sales and realization and to pay any shortfall or deficiency thereby shown. The pro- ceeds of sale or realization of the hypothecated goods remaining after deducting therefrom the costs, charges and expenses of and incidental to such sale and/or realization shall be applied in repayment of the balance of the said loan due by me/us or any one of us to you together with interest and all costs, charges and expenses and other moneys payable by me/us or any one of us to you hereunder and the payment of which is hereby secured. 11. ytvfuUtht yrCd{nK rfUY stl u;fU=]rck"fUhFudY btt YJ rfUme yg =;tJus ytih cebt mutt "l fUtubuhu/nbthutht ytvfUe yg mkvrt fuUv burJNuMfUh r;Cqr; murJrl gturs; fUhfuUhFt stYdt ;:t b/nb Wl fUtugt Wl fuUrfUme Ctd fUtuCtrJ; fUhl uJttt fUtuRock"fUgt Cth gt "thKtr"fUth gt rJtkdb l ;tum]rs; fUkdt/fUhduytih l ne fUtuRoYumt fUtgofUkdt/fUhdugt fUhl u fUe yl wbr; =qkdt/=dusti =]rck"fUhFudY btt ytih Wl fuUrJf{g ytdb fUe ctc; RmfuUy"el r;Cqr; vh r;fqUt CtJ ztt;t ni> Pending seizure by you, the hypothecated goods and any documents and any Insur- ance moneys received will be held by me/us as your exclusive property specially appropri- ated to the security and I/We will not create any mortgage or charge or lien or encum- brance affecting the same or any part thereof nor do or allow anything which may preju- dice security hereunder in respect of the hypothecated goods and the sale proceeds thereof. 12. b/nb RmfuUtht DturM; fUh;t nq/fUh;un YJkdthkxe =u;t nq/=u;un rfU=]rck"fUhFudY btt Wl vh ggl fUe vqKoNr; mrn; buhe/nbthe ytgtkr;fUrJtkdbhrn; mkvrt n ytih hndu> I/We hereby declare and guarantee that hypothecated goods are and will be my/our 447 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 absolute unencumbered property with full power of disposition thereover. 13. b/nb fUhth fUh;t nq/fUh;un rfUb/nb mbg-mbg vh ytih ytvfUe yvuGtl wmth mCe rJJhK, rhvtuxo, rJJhKe, btKvt YJkmqal t =qkdt/=du;:t Wnmgtrv; fUkdt/fUhduytih Rmr;Cqr; fUtu CtJe fUhl ufuUrtY yvurG; fUtuRoytJgfU=;tJus =qkdt/=duYJkrl vtr=; fUkdt/fUhdu> I/We agree to furnish and verify all statements, reports, returns, certificates and infor- mation from time to time and as required by you and give and execute any necessary documents required to give effect to this security. 14. RmfuUy"el m]rs; r;Cqr; mbg-mbg vh ytvfUtu=ug NuM htrN fuUrtY at; r;Cqr; ntude> The security created hereunder shall be a Continuing Security for the balance from time to time due to you. 15. Rmbyk;rJo fUtuRoCe ct; ytvfuUr; buhe/gt nb bmurfUme YfUfUe }UKd{;;t gt =trgJ fuUrtY rfUme J;obtl gt CtJe r;Cqr;, dthkxe, =trgJ gt rzf{e fUe ctc; ytvfuUyr"fUtht gt Wvathtvh fUtuRor;fqUt CtJ l n zttude> Nothing herein shall operate to prejudice your rights or remedies in respect of any present or future security, guarantee, obligation or decree for any indebtedness or liability of mine/our or any one of us to you. 16. ytvfuUtht bwSu/nbgt nb bmurfUme YfUfUtuRmfuUy"el yl whtu" fuUv bgt yg:t fUtuRol turxm=e st mfU;e ni gt .............................. bvnwatRost mfU;e ni gt bwSu/nbgt nb bmurfUme YfUfUtuW; v;uvh ztfUtht Cuse st mfU;e ni ;:t gr=ztfUtht Cuse st;e ni ;tuYume l turxmWmmbg =e dRombSe stYde sc Jn ztfUfuUmgfTUyl wf{b b=tl fUe stY ytih Yume l turxmfUt ztfUtht =tl rfUgt stl t mtrc; fUhl ufuUrtY gn mtrc; fUhl t gto; ntudt rfUrsmrtVUtVuUbl turxmhFe dRo:e WmuztfUbzttt dgt :t ;:t ytvfuUyr"fUthe tht n;tGrh; RmytNg fUt btK vt rl atgfUntudt rfUrtVUtVuUfUtuztfUbzttt dgt :t> Any notice by way of request or otherwise hereunder may be given by you to me/us or any one of us or may be left at........................................... or may be sent by post at the said address to me/us or to any one of us and if sent by post, such notice shall be deemed to have been given at the time when it would be delivered in due course of post and in proving such notice when given by post, it shall be sufficient for you to prove that the envelope, containing the notice was posted and a certificate signed by your officer that the envelope was so posted shall be conclusive. 448 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 ylwmqaeIfUO Schedule A (vkvmux ytih WmfuUmntgfUWvfUhK/x[ixh ytih WmfuUmntgfUWvfUhK/rz[rtkd gqrl x fuUrJJhK) (Description of Pumpset and Accessories/Tractor and Accessories/Drilling unit) CJ=eg Yours faithfully ltux &RmVUtbofuUrn=e vtX murfUme fUth fuUJ t=-rJ J t=fuUWvt ntul urfUr: r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> Note : In the event of any controversy arising our of Hindi Version of this Form, the origi- nal English text of it will be treated as authoritative. 449 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A-105 (Agr) (Combined & Modified) gq fUtucf UCO BANK Hypothecation cum Agreement for Agricultural Loans (To be stamped as an Agreement, not to be attested) To, ............................................... (Name of the Bank) .............................................. .............................................. This AGREEMENT EXECUTED at.............................................................................. this.............................................. day of..................................... Two thousand.......................... in favour of UCO Bank a Corporate Body constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970 and having its Head Office at 10, B.T.M. Sarani, Kolkata (hereinafter called the Bank which expression shall includes its successory and assigns) by.................................... #................................................................ son/wife/daughter of............................................................................................................. (address) of............................................................................................................... (Name of village, tehsil and district) ........................................................................... son/wife/daughter of.......................................................................................................................... (address) of.................................................................................................................... (Name of village, tehsil and district)................................................................................................. son/wife/ daughter of......................................................................................................................... (address) of.......................................................................................................................... (Name of village, tehsil and district)........................................................................................ M/s. .................................................................................................................................. situated at................................................................................................................................. # here enter the name(s) of the Borrowers Co-borrows (hereinafter referred to as the Borrower(s) (which experession shall unless the context of subject otherwise requires include them jointly and/or severally and his/their heir(s), executor(s) and administrator(s) assigns jointly and severally. 450 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y-105 (f]UrM) (mkgw;) gq fUtucf UCO BANK f]UrM}UKtfuUrtY=]rck"l-mn-fUhth (RmvhfUhthfUe;hn xtkv tdtgt stY>RmuyrCbtrK; l nrfUgt stY>) urM;e, .............................................. (cfUfUt l tb) ............................................. ............................................. gn fUhth ..................................................................................................... b ..................................... 20 ............. fUtu ........................................................................ fuUr=l ............................................ *e/eb;e/fw Ubthe ........................................................................................................................................... vwt/vl e/vwte ...................................................................................................................................... v;t ................................................................................................................................................................... ..................................................................................................... (dtJ, ;nmet ytih rstufUt l tb) e/eb;e/fw Ubthe .......................................................................................................................................... vw t/vl e/vw te .......................................................................................................................................... v;t ......................................................................................................................................................................... ................................................................................................. (dtJ, ;nmet ytih rstufUt l tb) e/eb;e/fw Ubthe ....................................................................................................................................... vw t/vl e/vw te .......................................................................................................................................... v;t ......................................................................................................................................................................... ...................................................................................................... (dtJ, ;nmet ytih rstufUt l tb) ................................................................................................................................ :tl vh yJr:; bu mmo ............................................................................................................................................................... * gntW"thfU;to (yt )/mn W"thfU;o tytfUt (fu U) l tb rtFt stY/rtFustY>(gn t Rmfu Uvat;TIIW"thfU;o t (yt) fuUv brl r=o) RmyrCgr; bsc ;fUmk=Cogt rJMg byg:t fwUA yvurG; l ne, Jumkgw; v bytih/gt ytd-ytd v b;:t WmfuU/Wl fuUJtrhm(JtrhmdK), rl vt=fU(rl vt=fUdK) ytih NtmfU(NtmfUdK), mbl w=urN;e (mbl w=urN;edK) mkgw; v byuih ytd-ytd v bNtrbt n) tht gqfUtucfU, stucfUfUthe fkUvl e (Wvf{btfUt ysol ytih yk;hK) yr"rl gb, 1970 fuUy"el drX; YfUrl drb; rl fUtg ni ;:t rsmfUt "tl fUtgtotg 10, rJ. ti. b. mhKe, fUtutfUt;t b(rsmu RmbRmfuUvat;TIIcfUOOfUnt dgt ni ytih rsmbWmfuUWthtr"fUthe YJkmbl w=urN;e Ntrbt ni) fuU vG brl vtr=; rfUgt dgt> 451 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 WHEREAS at the request of the Borrower(s) as contained in his/their application dated............................................................................ the Bank has agreed to grant/granted to the borrower(s) from time to time upon the terms and conditions stated hereinafter and as stipulated in the Schedule-I and in the application form and/or sanction letter and other schedule(s) hereto which form part of this agreement. (a) Cash Credit at any time up to limit of Rs. .................................. (Rupees ............................................................................................................... only) (b) Overdrafts at any time to the extent of Rs. .................................. (Rupees ............................................................................................................... only) (c) Demand Loans at any one time for Rs. .................................. (Rupees ............................................................................................................... only) (d) Term Loans at any one time of Rs. .................................. (Rupees ............................................................................................................... only) (e) Other credit facility at any one time of Rs. .................................. (Rupees ............................................................................................................... only) (hereinafter collectively and individually referred to as the loans) for the purpose of facilitating finance to the borrower(s) for : #..................................................................................................................................................... NOW IN CONSIDERATION of the Bank having granted/agreed to grant the loan(s), the Borrower(s), hereby agree, undertake and declare : #(here please fill up the purpose of the loan) 1. That each and all of the borrowers (s), present and future. i) Crop whatsoever and wherever raised or to be raised including standing crops on the land described in the second Schedule hereto or cut or stocked or stored or in course of transit or delivery: ii) herd/flock/silkworms and coccoons including those described in the third Schedule hereto wherever they may be; iii) tools/equipments/fixtures/boats/machines, tractor/power tiller/tubewell/electric motor/diesel engine and/or other movables connected with and relating to farming/rearing of cattle and/or flock/fishing/sericulture including those described in the fourth Schedule hereto wherever they may be; 452 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 y;&W"thfU;to(yt) fuUyl whtu" vh, simtrfUWmfuU/Wl fuUytJu=l r=l ktfU .......................................... brl rn; ni, cfUl ugntRmfuUl eauJrKo; rl ck"l tytih N;tuvh ;:t yl wmqae-I ytih ytJu=l VUtbo ytih/gt mkJef]Ur; vt YJkRmfuUmt: mktl yg yl wmqae (mqragtk), stuRmfUhth fUt Ctd ni, b g:t yl w c * ............................................ fu UrtY W"thfU;to (yt ) fUturJteg mntg;t =u l ufu Ugtu sl t:o *(f]Uvgt gnt }UK fUt gtusl Ch) fU) ........................................ h.( .......................................................................... vgubtt) fUe mebt ;fUrfUme Ce mbg l fU=e }UK> F) ........................................ h.( .......................................................................... vgubtt) fUe mebt ;fUrfUme Ce mbg ytuJhz[tx d) ........................................ h.( .......................................................................... vgubtt) fUe mebt ;fUrfUme Ce mbg YfUfUtrtfUbtkd }UK D) ........................................ h.( .......................................................................... vgubtt) fUe mebt ;fUrfUme Ce mbg YfUfUtrtfUbegt=e }UK E) ........................................ h.( .......................................................................... vgubtt) fUe mebt ;fUrfUme Ce mbg YfUfUtrtfUyg }UK mwrJ"t (gnt RmfuUat;TmtbqrnfUv muytih Jigr;fUv muII}UKtOOfuUv brl r=o) Jef]U; fUhl u fuUrtY mnbr; =e ni/Jef]U; rfUgt n> yc }UK (}UKt) fUtuJef]U; rfUY stl u/Jef]U; fUhl unu;wmnbr; r=Y fuUcfUfuUr;VUtJv W"thfU;to(dK) Y;=Ttht fUhth fUh;t ni/fUh;un, Jal =u;t ni/=u;un ytih DtuMKt fUh;t ni/fUh;un> 1. rfURmmbg ytih CrJg bgufUytih mCe W"thfU;to(dK) i) RmfUe r;eg yl wmqae bJrKo; Cqrb vh F\ze VUmt mrn; rfUme Ce ;hn fUe ytih fUn Ce rJ btl Yume VUmt stuWdtRodRontuy:Jt WdtRostl uJtte ne y:Jt fUtxe dRontu, Ckzth bhFe dRontu, mkd]ne; fUe dRontugt btdo: gt vrh=tl fUe r:r; bntu< ii) RmfUe ;];eg yl wmqae bJrKo; nzo/bAte/vttfU/huNb fUex ytih fwUfwUm, atnuJusntCe nt< iii) RmfUe a;w:oyl wmqae bJrKo; f]UrMfUtgo/vNwvttl ytih/gt j tpfU/bg d{nK/huNb Wvt=l musw\zunwY ytih mkckr"; ytisth/WvfUh/sw\zl th/l tJ/bNel , x[ixh/vtJh rxth/l tfqUv/rcste atrt; btuxh/zest Rksl ytih/gt yg skdb J;wYk, atnuJusnt Ce ntu< 453 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 iv) receivable and investment, movable assets and valuables. (All or any of items detailed in (i) to (iv) above hereinafter referred to as the security). SHALL BE AND STAND HYPOTHECATED to the Bank by way of first charge as security for the loans and also for all indebtedness or liabilities of the Borrower(s) to the Bank together with all interest, commissions, costs, charges and expenses payable to or incurred by the Bank including those for the enforcement of any of the security(ies). 2. The loan(s) will be disbursed/has/have been disbursed by the Bank to the borrower(s) in instalments or in one lump sum. 3. This agreement shall operate as a security to the Bank in addition to any other security, if any, already held by the Bank for the repayment to the Bank on demand or otherwise of the balance due to the Bank by the borrower at any time or ultimately on the closing of the said Accounts. The expression the balance due to the Bank in this and subsequent clauses of this Agreement shall be taken to include the principal moneys from time to time due on the said account(s) whether demanded or not an including also all interest(s) including, additional interest, penal interest/commission charges, interest tax, liquidated damages by whatever name called, calculated from day to day in manner and at the rate hereinafter mentioned and the amount of all cost (between Attorney and Client) charges and expenses of the Bank which the Bank may have paid or incurred in any way in connection with the loans and other assets including the sale and disposal thereof and the realisation of the loans and any other sum that is hereunder or otherwise declared as debitable to the accounts and interest thereon. 4. That the Borrower(s), shall pay interest on the Loans to be calculated on the daily balance in the loan account(s) maintained with the Bank with monthly/quarterly/half yearly/ yearly or other rests according to the practice of the Bank which may be debited in the Loan Accounts in the case of : (a) Cash credits at the rate of.........................................................% # above/below the..................................... Banks prime lending rate rising and falling therewith with a minimum of................................................% per annum. (b) Overdraft at the rate.................................................................................. % # above/below the.......................................................... Banks prime lending rate rising and falling therewith a minimum of ............................................... % per annum. 454 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 iv) tg J;wytih rl JuN, skdb ytr;gt;:t bwgJtl J;wY (Wvh (i) mu(iv) ;fUbgtuhuJth mCe b=gt Wl bmufUtuRoCe b=-gntRmfuUvat;TIIr;Cqr;OO fuUv brl r=o> rfUme Ce r;Cqr; (r;Cqr;gtbmurfUme YfU) fuUJ;ol fuUrtY rfUY dY mCe Faomrn; cfUfUtu=ug gt cfUtht mCe gts, fUbeNl , ttd;, Cth ytih gg fuUmt: mCe }UKtnu;w;:t cfUfuUr; W"thfU;to(yt) fUe mCe }UKd{;;t y:Jt =ug;tytfuUrtY r;Cqr; fUe ;hn :b Cth fuUv bcfUfuUr; =]rckr"; ntduytih hndu> 2. cfUtht W"thfU;to(yt) fUtu}UK rfU;tbgt YfUbw; htrN bmkrJ;rh; rfUgt stYdt rfUY stYkdu/mkrJ;rh; rfUgt dgt ni/rfUY dY n> 3. gn fUhth rfUme Ce mbg y:Jt yk;;&W; Ft;tfuUck=ntul uvh W"thfU;totht cfUfUtu=ug NtuMhtrN fUe btkd rfUY stl uvh gt yg:t cfUfUtuawfUtl ufuUrtY cfUtht "trh; rfUme yg r;Cqr;, atnufUtuRoCe ntu, fuUyr;rh; YfUr;Cqr; fuUv brf{gtNet ntudt>gnt;:t RmfUhth fuUvat;J;eoFkztbIIcfUfUtu=ug htrNOOyrCgr; bW; Ft;u/Ft;bmbg-mbg vh =ug bqt"l , atnubtkdt dgt ntugt l n, Ntrbt btl t stYdt ;:t RmbgntRmfuUvat;TWrtrF; her; muytih =h vh ytfUrt; yr;rh; gts mrn; mCe gts, =tkrzfUgts/fUbeNl Cth, gtsfUh, vrhrl "torh; l wfUmtl , atnuJurfUme Ce l tb mustl ust;unt, ;:t }UK mumkckr"; rfUme Ce v b cfUtht y=t rfUY dY gt Wvd; mCe Fao(yxl eoytih bwJrfUt fuUcea), Cth ytih gg fUe htrN ;:t ytr;gtfUe rcf{e ytih Wl fUt ggl mrn; yg ytr;gtYJkgnt RmfuUl eaugt yg:t Ft;tbl tbugtug fuUv btturM; }UKtytih yg htrN ;:t Wl vh tu=TCq; gts fUe Jmqte Ce Ntrbt btl e stYde> 4. gn rfUW"thfU;to(dK) rl l rtrF; btbtub}UK vh cfUbart; vr; fuUyl wmth btrmfU/ r;btne/Abtne/ctrMofUgt yg yk;htt mrn; cfUfuUvtm}UK Ft;u(Ft;t) fuU=irl fUNuMvh ytfUrt; gts fUt Cwd;tl fUhudt rsmfuUrtY }UK Ft;tbl tbuztt stYkdu_ fU) l fU=e }UK fuUbtbtubcfUfUe bqt W"th =h .................................................. *mu yr"fU/fUb ................................................. % fUe=h vh stuRmfuUmt: c\Zudeytih Dxude vhk;wst gql ;b .............................. % r;JMontude> F) ytuJhz[tx fuUbtbtubcfUfUe bqt W"th =h ................................................... * mu yr"fU/fUb ................................................. % fUe=h vh stuRmfuUmt: c\Zudeytih Dxude vhk;wstugql ;b ....................................... % r;JMontude> 455 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (c) Demand loans at the rate of ..................................................................... % # above/below the.......................................................... Banks prime lending rate rising and falling therewith a minimum of .............................................. % per annum. (d) Term loans at the rate of ........................................................................... % # above/ below the .......................................................... Banks prime lending rate rising and falling therewith with a minimum of ...................................... % per annum. Provided that the Bank shall at any time and from time to time be entitled to change the rate of interest and such revised rate of interest or change shall always be construed as agreed to be paid by the Borrower(s) and hereby secured. Borrower(s) shall be deemed to have notice of change in the rate of interest whenever the changes in Prime Lending Rate (PLR) takes place and is displayed/noticed at/by the branch/published in newspaper/ made through entry of interest charged in the pass book/statement of accounts, balance confirmation sent to the borrower(s). Borrower(s) shall also pay interest tax and any other charges and dues as may be levied. Further without prejudice to the Banks other rights and remedies, the Bank shall be entitled to charge at its own discretion enhanced rates of interest of the outstanding in the loan account(s) or a portion thereof for any default or irregularity on the part of the borrower(s) which in the opinion of the Bank warrants charging of such enhanced rates of interest for such period as the Bank may deem fit. 5. Borrower(s) agrees/agree that subsidy of Rs. ............................... to be provided by the Government shall be kept in Term Deposit Account in his name for a minimum period of................... years, which may be adjusted towards loans as per the subsidy scheme or may be renewed depending upon the circumstances of the case. 6. The borrower(s) further agrees/agree as a pre-condition of the loan/advances given by the bank that if he/they commit(s) default in the repayment of the loan/advances or in the repayment of interest or any of the agreed instalment of the loan on due dates, the Bank and/or the Reserve Bank of India will have an unqualified right to disclose or publish the name of the borrower(s) and its directors/partners/proprietors as defaulter in such medium as the Bank or Reserve Bank of India in their absolute discretion may think fit. # (strike out whichever is not applicable. Unless struck off it would indicate a rate above Banks prime lending rate) 456 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 d) btkd }UK fuUbtbtubcfUfUe bqt W"th =h ........................................................ *mu yr"fU/fUb .............................................................. % fUe =h vh stuRmfuUmt: c\Zude ytih Dxude vhk;wstugql ;b ........................................... %
r;JMontude> vhk;wgn rfUcfUrfUme mbg ytih mbg-mbg vh gts-=h bvrhJ;ol fUhl ufUt nfU=th ntudt ytih Yume mkNtur"; gts-=h gt YumuvrhJ;ol fuUrtY nbuNt gn btl stYdt rfUWmfUt Cwd;tl fUhl u nu;wW"thfU;to(dK) mnb; nwyt ni/nwY n ytih Y;=Ttht gn r;Cq; ni>W"thfU;to(yt) fUtuvrhJ;ol fUe mqal t rbtl t Wmmbg btl rtgt stYdt sc bqt W"th =h (ve.Yt.yth.) bvrhJ;ol rfUgt st;t ni ytih RmvrhJ;ol fUtuNtFt b/NtFt tht =Ntogt st;t ni/yr"mqra; rfUgt st;t ni/mbtath vt b fUtrN; rfUgt st;t ni/vtmcwfU/tuFt rJJhK bCtrh; gts fUe rJr, W"thfU;to(yt) fUtuurM; NuM htrN fuUvwrfUhK tht rfUgt st;t ni> W"thfU;to/fU;todK tdtY stl uJttugts fUh YJkrfUn yg Ctht;:t cfUtgt htrNgtfUt Ce Cwd;tl fUhudt/fUhdu> Rmfu Uyr;rh;, cfUfu Uyg yr"fUthtYJkWvathtvh r;fq Ut CtJ ztturcl t cfUW"thfU;to (yt ) fuUrfUme Yumugr;f{b gt yrl grb;;t fuUrtY }UK Ft;u(Ft;t) fUe cfUtgt htrN gt RmfuUrfUme Ctd vh JrJJufUtl wmth Yume Jr"o; gts =h Ctrh; fUhl ufUt nfU=th ntudt rsmucfUfUe htg bYume yJr" fuUrtY, simt cfUWra; mbSu, Ctrh; fUhl t ytJgfUni> 5. W"thfU;toRmct; mumnb; ni rfUmhfUth tht =e stl uJtte .......................................... h. fUe mntgfUe WmfuUl tb FtutudY begt=e sbt Ft;ubgql ;b ............................................... JMtufUe yJr" fuUrtY hFe stYde rsmubtbtufUe vrhr:r; fuUyt"th vh mntgfUe gtusl t fuUyl wmth }UK fuUrtY mbtgturs; rfUgt st mfU;t ni gt Rmul Jef]U; rfUgt st mfU;t n> 6. RmfuUytducfUtht r=Y dY }UK/yrd{b fUe vqJoN;ofuUv bW"thfU;toRmct; fuUrtY htse ntu;t ni rfUgr= Jurl "torh; ;theF fUtu}UK/yrd{btfUe awfUti;e by:Jt gts fUe awfUti;e buk y:Jt }UK fUe rfUme Jef]Ur; rfU; fUe awfUti;e baqfUfUh;un ;tucfUytih/y:Jt Cth;eg rhsJo cfUfUtugn vqKoyr"fUth ntudt rfUJn gr;f{be fuUv bW"thfU;toytih RmfuUrl =uNfUt/Ctde=tht/ JJ"trhgtfuUl tb Yumubtgb fuUtht fUx fUhugt fUtrN; fUhusimtrfUcfUgt Cth;eg rhsJocfU yvl umkvqKorJJufUtr"fUth bWvgqo; mbSu> * (stugtug l ntu, WmufUtx =>sc ;fUfUtxt l n st;t ni ;c ;fUgn cfUfUe bqt W"th-=h mu yr"fU=h c;tYdt) 457 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 7. That in the case of cash credit, overdraft and demand loan, the borrower(s) shall on demand forthwith pay to the Bank the outstanding(s) owing to the Bank in respect of the loans inclusive of interest, commissions, costs, charges and expenses. However, in a case where for any reason cash credit or overdraft or demand loan is permitted by the Bank at its absolute discretion to be repaid in instalments and on such terms as may be stipulated, the conditions as to term loans herein shall apply to the said loan subject to such changes as may be stipulated by the Bank. The term loan will be repayable by instalments as stipulated in the Fifth Schedule hereunto attached and in the event of any default committed, the bank will have right to demand at its option the entire amount of principal and interest thereon remaining due and outstanding which will then become payable forthwith. Event of default : In one or more of the following happenings, it would be treated as an event of default for this agreement: a) Any breach of the terms of this Agreement; b) Any one or more instalment(s) are not paid on time; c) Interest has not been paid on due date d) If any distress or execution is levied or issued upon or against any part of the property of the borrower and the same is not discharged or vacated within 14 days or if a receiver is appointed for the borrower(s)s business or if any substantial part of the borrower(s)s assets or business shall be deemed to be seized or any action by any Government or any other authority is instituted to suspend business or agricultural pursuit of the borrower(s). e) If the borrower(s) stop payment or ceases or decides to cease to carry on his/ their business, agricultural pursuit or dispose of the whole or substantial part of his business or agricultural pursuit. f) If any other indebtedness or obligation is not discharged when due prior to or on the specified maturity thereof. g) If any information furnished by the borrower to the Bank is found to be incorrect or incomplete in any material particulars. h) Existence of any circumstances, in Banks opinion which jeopardises its interests or security. 458 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 7. rfUl fU=e }UK, ytuJhz[tx ytih btkd }UK fuUbtbtubW"thfU;to(dK) btkd fUe stl uvh gts, fUbeNl , Fao, Cth ytih gg mrn; }UK fuUmkck" bcfUfUtu=ug cfUtgt htrN(gt) fUt Cwd;tl ;fUtt fUhudt>;:trv YumubtbtubsntcfUtht yvl umkvqKorJJufUtr"fUth bYJkg:trl "torh; Yume N;tuvh l fU=e }UK gt ytuJhz[tx gt btkd rfU;tbawfUtY stl ufUe yl wbr; =e st;e ni, Jnt begt=e }UK mumkckr"; gntWrtrF; N;ucfUtht rl "torh; vrhJ;ol tfuUy"el ttdqntde>begt=e }UK, RmfuUmt: mktl vtaJ yl wmqae bg:t yl wc" rfU;tbawfUtgt stYdt ytih fUtuRogr;f{b rfUY stl ufUe =Nt bcfUfUe gn yr"fUth ntudt rfUJn yvl urJfUv vh, yJrN =ug bqt"l fUe mkvqKohtrN ytih Wmvh tu=TCq; gts ;:t cfUtgt htrN fUe btkd fUhu, stuWmmbg ;fUtt =ug ntu stYde> gr;f{b fUe =Nt& rl l rtrF; Dxl tytbrfUme YfUgt yr"fUfuUDrx; ntul uvh RmfUhth fuUvrhug b, Rmu gr;f{b fUe YfU=Nt fuUv bbtl t stYdt> fU) RmfUhth fuUrl ck"l tfUt rfUme Ce fUth muCkd rfUgt stl t< F) rfUme YfUgt yr"fUrfU;/rfU;tfUt mbg vh l n awfUtgt stl t< d) rl g; ;theF fUtugts y=t l n rfUgt stl t< D) Yume =Nt bW"thfU;tofUe mkvrt fuUrfUme Ctd vh gt WmfuUrJh fUtuRofUh:b gt rl vt=l W=d]ne; gt rl dorb; rfUgt st;t ni ;:t Rmu14 r=l tfuUCe;h Wbtura; gt rl v{CtJe l n rfUgt st;t ni y:Jt W"thfU;to(yt) fuUfUthcth fuUrtY gt W"thfU;to(yt) fUe ytr;gtfuUvgtot Ctd fuUrtY fUtuRorhmeJh rl gw; rfUY stl uvh Wmus; rfUgt nwyt btl t stYdt ytih sc W"thfU;to(yt) fuUfUthcth gt f]UrM mkck"e fUtbfUts fUtuck= fUhl ufuUrtY rfUme mhfUth gt rfUme yg tr"fUthe tht fUtuRofUthoJtRofUe st;e ni< E) gr=W"thfU;to(dK) awfUti;e ck=fUh =u;t ni/=u;un y:Jt yvl t/yvl ufUthcth, f]UrMmkck"e fUtbfUts fUhl t ck= fUh =u;t ni/=u;un gt ck= fUhl ufUt rl Kog fUh;t ni/fUh;un y:Jt yvl ufUthcth gt f]UrMmkck"e fUtbfUts fuUmkvqKogt vgtot Ctd fUt rl vxtl fUh;t ni/fUh;u n< a) gr= fUtuRoyg }UKd{;;t gt =trgJ fUtuvrhvfU;t fUe rl r=o ;theF fuUvqJogt Wm ;theF fUtuWbtura; l n rfUgt st;t ni< A) gr= W"thfU;totht cfUfUtu;w; fUtuRomqal t dt; vtRost;e ni y:Jt fUtuRobnJvqKo rJJhK ymkvqKovtgt st;t ni< s) Yume vrhr:r; fUt ntul t rsl fUt cfUfUtuhtg bRmfuUrn; gt r;Cqr; vh r;fqUt CtJ v\z;t ni> 459 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 In the event of any one default as above the Bank shall have the right: a) to recover the entire dues, b) to suspend any withdrawal to be effected, c) to take possession of the security so created forthwith and d) to take any other action as it may deem fit for recovery of its dues and enforcement of its securities. 8. Lien Until payment is made to the Bank of all the amounts, whether past present of future, actual or contingent, which may be payable by the borrower or for which the Borrower(s) may be become liable hereunder or otherwise and whether as principal or surety, the borrower agrees that the Bank shall have a lien and/or right of set off on all securities and/or monies whatsoever held at any time by the bank on account of or to the credit of the Borrower in or for any account of manner or purpose howsoever. The bank shall be at liberty to discharge the said obligations or liabilities of the borrower out of the said securities and/or monies, and in case of term deposits, whether the same have matured for payment or not, and may appropriate or realise them in the manner thought fit by it and without notice to the Borrower (and whether before or after filing suit or taking any legal proceedings). The Bank may set off an amount estimated by it in good faith to be the amount of that obligation. 8.(a) The borrower shall take all steps to get the hypothecated goods/vehicles etc. registered with the Authorities immediately may be required under the law and shall submit the proof of such registration to the bank within 7 (seven) days from the date of the registration. 9. The borrower shall also provide suitable third party guarantee as and when required. 10. Right of possession : On the happening of any event of default, the bank will have a right to take over possession of the securities charged and sell them and recover its dues and/or to exercise right of lien and/or set off without any notice. The borrower(s) hereby authorises the bank to act as his/their attorney/agents for all intents and purposes for effectual implementation of the aforesaid action. 11. The Borrower(s) hereby agree and undertake to notify all members of the public 460 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Wvgwo; rfUme YfUgr;f{b fUe =Nt bcfUfUtugn yr"fUth ntudt rfUJn_ fU) mbd{JfUtgt htrN fUe Jmqte fUhu, F) rfY stl uJtturfUme ytnhK fUtuhtufU=u, d) RmfUth m]rs; r;Cqr; vh ;fUtt fUst fUh tu;:t D) yvl e =ug;tytfUe Jmqte YJkyvl e r;Cqr;gtfuUJ;ol fuUrtY Yume fUtuRoyg fUthoJtRo fUhursmuJn Wvgwo; mbSu> 8. d{nKtr"fUth IIsc ;fUcfUfUtumkvqKohtrN fUt Cqd;tl l n fUh r=gt st;t ni, atnuJn rvAtt, J;obtl gt CrJg fUt ntu, Jt;rJfUgt ytfUrbfUntu, rsmfUt Cqd;tl W"thfU;totht rfUgt stl t ni gt rsmfuU rtY W"thfU;togntgt yg:t =tge ntumfU;t ni, gt ni YJkCtune gn htrN fuUv bntugt r;Cqr; fuUv bntu, W"thfU;toRmct; mumnb; ntudt rfUrfUme Ce mbg cfUtht "trh; gt W"thfU;tofuUFt;uvh r;Cqr; ;:t/gt mCe htrN fUtuJual u;:t htrN fUt tt fUhl ufUt cfUfUtu d{nKtr"fUth ntudt ;:t/gt mux ytpVUfUt yr"fUth ntudt>WmhtrN gt/;:t mCe htrNgt, r;Cqr;gtfUtu Wbtura; fUhl ufUt Ce cfUfUtuyr"fUth ntudt>begt=e sbt fuUbtbtubW"thfU;tofUturJl t mqra; rfUY cfUfUtusbt fuUvrhvJ ntul uvh WmhtrN fUtumbtgturs; fUhl ufUt yr"fUth ntudt>(bwfU=bt =tgh fUhl ufuUct=ugt vntugt fUtuRogtrgfUfUthoJtRofUhl ufuUct=Ce), cfUfUe Jn htrN mbtgturs; fUhl ufUt yr"fUth ntudt rsmuJn Wra; mbSudt ytih rJJtmvqJofUytfUrt; fUhudt ;:t stuhtrN Wm =trgJ fuUrl Jonl fuUrtY ytJgfUntudt>OO 8.(fU)IIW"thfU;to=] rck "fUbtt/Jtnl tytr=fUt, simt rfUrJr" fu Uyk ;do ; yvu rG; ni, mk ck r"; tr"fUtrhgt fuUvtmyrJtkc vksef]U; fUhl uunu;wnh mkCc fUthoJtRofUhdu;:t vksefUhK fUt btK vksefUhK fUhtY stl ufuUr=l 7 (mt;) r=l tfuUyk=h ;w; fUhdu> 9. sc fUCe Ce yvurG; ntuW"thfU;toyg vG fUe g:tura; dthkxe fUe Ce gJ:t fUhudt> 10. fUsufUt yr"fUth gr;f{b fUerfUmeDxl t fuUDrx; ntul uvh cfUfUtugn yr"fUth ntudt rfUJn Ctrh; r;Cqr;gt vh fUst fUh tuytih Wl fUe rcf{e fUh =uYJkyvl e cfUtgt htrN fUe Jmqte fUhuytih/gt mqal t r=Y cdih d{nKtr"fUth ytih/gt bwshufuUyr"fUth fUt gtud fUhu>W"thfU;to(dK) cfUfUtuY;=Ttht W; fUthoJtRofuUCtJe fUtgtoJgl nu;wmCe ytNgtYJkgtusl fuUrl rbt yvl uYxl eo/Ysx fuUv b tr"f]U; fUh;t ni/fUh;un> 11. W"thfU;to(dK) Y;=Ttht Cqrb vh gt sntkCe r;Cqr; yJr:; ntuJntkctuzogt ;;e tdtfUh 461 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 about the hypothecation, charge created in Banks favour by placing a board or a plate on the land or wherever the security is situated with the words crops hypothecated to.............................................................................................. Bank or in any other mode or manner which the Bank direct from time to time. 12. That the loan shall be used only for the purposes for which it has been given. 13. Notice : Any information/communication sent through post/courier or otherwise to the Borrower(s) or at the address(es) last known to the bank will be treated as sufficient service for all intents and purposes. The contents of the Agreement have been read over and transl ated into......................... # And explained to Borrower(s) and he/they having understood the contents thereof subscribes to these presents. IN WITNESS WHEREOF the borrower(s) has/have set his/their hand(s) to these present on this the day and year first above written. # Here enter the name of the language. Place........................................ Date.......................................... ............................................................................... Signatures/Thumb impression of borrowers 462 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 ytih Wmvh IIVUmt ....................................... cfUfUtu=]rck"rfU;OOrtFfUh gt mbg-mbg vh cfU fuUrl =uNtl wmth rfUme yg vr; gt her; murtFfUh cfUfuUvG bm]rs; =]rck"l , Cth fuUmkck" bytb sl ;t fUtumqra; fUhl ufuUrtY mnb; ntu;t ni/ntu;un ;:t Jal =u;t ni/=u;un> 12. rfU}UK fUt Wvgtud fuUJt Wn gtusl tfuUrtY rfUgt stYdt rsmfuUrtY gn rtgt dgt ni> 13. lturxm W"thfU;tofUtuztfU/JtnfUmuJt gt yg:t fuUCtgb mugt cfUfUtutt; ykr;b v;uvh urM; rfUme mqal t/vt fUtumCe ytNgtYJkgtusl tfuUrtY vgtot v mu;tbet rfUgt stl t btl t stYdt> fUhth fUe rJMg-J;wfUtuv\Zt dgt ni ;:t ............................................................. *byl qr=; rfUgt dgt ni YJkW"thfU;to(yt) fUtuv fUh r=gt dgt ni ytih Wml u/Wl ttudtl uRmfUe rJMg-J;wfUtu mbSl ufuUvat;TRl rJtuFtvh yvl un;tGh rfUY n> RmfuUmtGe fuUv bW"thfU;to(yt) l uWvrhrtrF; r=l YJkJMofUtuRl rJtuFtvh n;tGh rfUY n> *gnt CtMt fUt l tb rtF> :tl .......................................... r=l ktfU ........................................ .......................................................... W"thfU;tofuUn;tGh/ykdwXt-rl Ntl 463 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 The First Schedule (Referred to above) Terms and Conditions : 1. That the borrower(s) will at all times maintain a sufficient quantity and market value of the security to provide the necessary margins of security required by the bank wherever applicable. 2. That the borrower(s) shall not except in the normal course of business but subject to the powers of the bank herein contained, cut, remove/dispose of the security from the place(s) wherever normally they may be kept/preserved, stored without the prior written permission of the bank during the time any money herein mentioned shall remain outstanding. Such security, if so required by the bank, shall be immediately delivered to the bank. 3. That the bank without being bound to do so or being liable for any loss on account thereof and without prejudice to the rights and remedies of suit or otherwise shall be entitled to : i) Without notice to the borrower(s) and at the borrowers(s) risk and expenses enter any place(s) where the security may be kept/stored and inspect, value, insure, dispose of and/or take possession thereof. ii) Without prejudice to the foregoing on default of the borrower(s) in payment of any money hereby secured or on the non-performance of an obligation on the part of the borrower(s) or on the occurance of any circumstances in the opinion of the bank, endangering the security, the Bank may at its option take possession or recover and/or sell by public auction or private contract or otherwise deal with the security and appropriate the proceeds to the outstanding loans. iii) Apply towards the outstanding loans any money in its hand belonging to the borrower(s) and to recover the balance if any, of the loans notwithstanding that all or any of the security may not have been realised. iv) The Bank shall be entitled to settle, compromise, submit to arbitration and deal in any manner with any rights, debts, claims of Borrower(s) relating to the security. 464 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 :b ylwmqae(Qvhrlr=o) rlck"l YJkN;u& 1. rfUW"thfU;to(dK) cfUtht yvurG; g:tgtug r;Cqr; fuUytJgfUbtrsol fUt tJ"tl hFl ufuUrtY nh mbg r;Cqr; fUevgtot bttt YJkctsthbqg fuUcl tY hFudt/hFdu> 2. rfUW"thfU;tofUthcthfuUmtbtg yl wf{b fuUyttJt vhk;wRmbrl rn; cfUfUeNr;gtfuUN;to"el cfUfUtu rtrF; vqJotl wbr; fuUcdihWm:tl mu;c ;fUr;Cqr; fUefUxti;el nfUhudt, Wmul nnxtYdt/WmfUt rl vxtl l nfUhudt, sntkvhmtbtg;&JuhFest;en/vrhhrG; fUest;eni, CkzthbhFest;eni, sc ;fUgnt WrtrF; fUtuRohtrN cfUtgt hnude>Yumer;Cqr; fUtu, gr=cfUtht yvuGt fUest;eni, ;fUtt cfUfUtumwvw=o fUhr=gt stYdt> 3. rfUcfUYumt fUhl ufuUrtY ctg nwY rcl t y"Jt RmfUthK =wRontrl fuUrtY =tgenwY cdih;:t Jt==trFt fUhl ufuUyr"fUthtytihWvathtgt yg:t vhr;fqUt CtJ ztturcl t rl l rtrF; fUthoJtRofUhl ufUt nfU=th ntudt& i) W"thfU;to(yt) fUtumqra; rfUY rcl t ;:t W"thfU;to(yt) fUesturFb YJkgg vhYumu:tl /:tl tvh st mfU;t ni, sntkr;Cqr; hFedRontu/CkzthbhFedRontu;:t WmfUt rl heGK fUhudt, bqg rl "tohK fUhudt, cebt fUhJtYdt, WmfUt rl vxtl fUhudt ytih/gt WmvhfUst fUhudt> ii) vqJtuo; rJggtvhr;fqUt CtJ ztturJl t Y;=Ttht r;Cq; rfUme"l htrN fuUCwd;tl bW"thfU;to(yt) fuUgr;f{b vhy:Jt W"thfU;to(yt) fUtu;hVUmurfUme=trgJ fUt rl vt=l l rfUY stl uvhy:Jt YumerfUmevrhr:r; fuUWvt ntul uvh, sntkcfUfUehtg br;Cqr; fUtuF;ht vi=t ntumfU;t ni, Jntk cfUyvl urJfUv vhr;Cqr; vhfUst fUhudt y:Jt WmfUeJmqtefUhudt ytih/gt ttufUrl ttb tht WmfuUrcf{efUhudt y:Jt rl seXufuUgt yg:t muRmfUt rl vxtl fUhudt ;:t RmfuUytdb mucfUtgt }UKtfUturJrl gturs; fUhudt> iii) RmJt; fuUntu;unwY CerfUmCegt rfUmer;Cqr; fUeWdtnel fUedRontu, yvl uttmW"thfU;tofUe rfUmeCehtrN fUtucfUtgt }UK fuUrtY Wvgturs; fUhudt ;:t Nuv htrN, gr=fUtuRontu, fUeJmqtefUhudt> iv) cfUmbSti;t ;g fUhl u, bg:b fuUrtY rl Ju=l fUhl u;:t r;Cqr; mumkckr"; W"thfU;to(yt) fuUrfUme yr"fUth, }UK =tJufUturfUmeCeher; murl vxtl ufUt nfU=thntudt> 465 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 4. That all the security are free and shall be kept free from any charge or encumbrance except those in favour of the Bank. 5. That the borrower(s) shall at times keep such items of security as are of insurable nature, insured against loss or damage by fire and other risks as may be required by the bank and shall deliver to the bank all such policies. It shall be also lawful for but not obligatory upon the bank to insure by debit to the borrowers (s) account(s) in respect of the security as are of insurable nature. The proceeds of such insurance shall at the option of the bank either be applied towards replacement of the security or towards the satisfaction of the Banks dues. 6. That the borrower(s) shall pay all charges and taxes statutory or otherwise in respect of the security. The Bank may also without being bound to do so, pay all such charges and taxes at the cost of the borrower(s) by debit to the borrower(s)s account(s). 7. That the agreement is intended to and shall operate as a continuing security for all loans indebtedness and liabilities of the borrower(s) to the bank at all times during the subsistence of the agreement notwithstanding : a) The existence of a credit balance or Nil balance in the loan account(s) at any time or any partial payment of fluctuation of accounts or b) Any loan or any part thereof have been repaid either after demand has been made by the bank or otherwise or has not been so repaid on demand. 8. That if the borrower(s) be more than one individual each one or any of them is/are authorised and empowered by the other(s) of them to admit and acknowledge his/their liability to the bank by any payment into the account(s) or by way or express writing in any manner or otherwise and any such admission and acknowledgement of the liability by one or more of them shall be construed to have been made on behalf of each of them. 9. That the borrower(s), hereby gives his/their consent for the loans being recovered as a public demand/money in terms of any legislation relating to recoveries thereof, where such consent is necessary under any legislation. 10. (i) As a pre-condition, relating to grant of the loans/advances/other non-fund bases credit facilities to the borrower(s), bank requires borrowers(s) consent for the disclosure by the bank of, information and data relating to the credit facility availed of/to be availed, by borrower(s), obligations assumed/to be assumed, by borrower(s), in relation thereto and default, if any, committed by borrower(s) in discharge thereof. 466 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 4. rfUmCer;Cqr;gtkyct" n ytihcfUfuUvGfuUyr;rh; gurfUmeCthgt rctkdb mubw; hFestYkde> 5. rfUcfUr;Cqr; fUeYumeb=tfUtu, stucebt gtug f]Ur; fUeni, cfUtht g:tvurG; ytd ytihyg sturFbt munwRontrl gt l wfUmtl fuU;n; cebt fUhJtYdt ;:t cfUfUtuYumemCevtprtrmgtkmwvw=ofUhudt>cfUfuUrtY Cegn rJr"gw; ntudt vhk;wWmvhctgfUthel nntudt rfUJn cebt-gtug f]Ur; fUer;Cqr; fuUmkck" b W"thfU;to(yt) fuUFt;u/Ft;tbl tbuzttfUhcebt fUhJtY>Yumucebt fuUytdb fUtucfUfuUrJfUv vhgt ;tur;Cqr; fUtur;:trv; fUhl ufuUrtY Wvgturs; rfUgt stYdt gt RmmucfUfUeJfUtgt htrN fUe;wr fUe stYde> 6. rfUW"thfU;to(dK) mtkrJr"fUgt yg:t mCeCthtytihfUhtfUt Cwd;tl fUhudt/fUhdu>cfUCeYumt fUhl ufuU rtY ctg nwY JdihW"thfU;to(yt) fuUFt;u/Ft;tbl tbuzttfUhW"thfU;to(yt) fuUFaovhYumumCeCtht ytihfUhtfUt Cwd;tl fUhudt> 7. rfUgn fUhthrl l rtrF; ct;tfuUntu;unwY CecfUfuUr; W"thfU;to(yt) fuUmCe}UK, }UKd{;;t YJk =ug;tytfuUrtY nhmbg YfUm;; r;Cqr; fuUv bRmfuUyr;J bhnl ufuU=tihtl rf{gtNet ntudt_ fU) rfUmeCembg }UK Ft;tbsbt htuMy:Jt IINqgOONuMfUt rJ btl hnl t y"Jt Ft;tfuUW;th- v\ZtJ fuUyl wmthrfUmefUthfUt ytkrNfUCwd;tl fUhl t y:Jt F) rfUme}UK WmfuUrfUmeCtd fUtugt ;tucfUtht btkd fUestl uvhgt yg:t awfUt r=gt dgt ni y:Jt btkd fUestl uvhRmfUthawfUtgt l ndgt ni> 8. rfUgr=W"thfU;to(dK) YfUmuyr"fUgr; nt;tuWl bmugufUgt rfUmefUtu=qmhu/=qmhttht Ft;u/Ft;t bCwd;tl fUhy:Jt rfUmeCeher; mugt yg:t v rtFfUhcfUfuUr; yvl e=ug;t fUtuJefUthfUhl u/ yr"JefUthfUhl ufuUrtY tr"f]U; YJkmN; rfUgt st;t ni ;:t Wl bmurfUmeYfUgt yr"fUtht fUedRo YumeJef]Ur; YJkyrCJef]Ur; fuUrtY gn btl rtgt stYdt rfUJn Wl bmugufUfUeytihmufUedRoni> 9. rfUW"thfU;to(dK) Y;=Ttht Jmqtemumkckr"; rfUmerJ"tl fuUvrhug b, ttufUbtkd/"l htrN fuUv b}UK fUeJmqtefUhl unu;wyvl emnbr; Wmr:r; b=u;t ni/=u;un sntkrfUmerJ"tl fuUy"el Yumemnbr; =ul t ytJgfUntu> 10. (i) vqJoN;ofuUv bW"thfU;tofUtu}UK/yrd{b/yg dih-rl r" yt"trh; W"thmwrJ"t =ul umkck"ebtbtt bcfUfUtuW"thfU;tofuUrJteg btbtufUtug; fUhl unu;wW"thfU;tofUemnbr; tt fUhl entude> W"thfU;tofUe}UK mwrJ"t mkck"e, =ug;t, ctfUe=ug;t ;:t fUedRoaqfUmkck"emqal t fUtufUtrN; fUhl u fUt cthubCecfUW"thfU;tofUemnbr; tt fUhudt> 467 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (ii) Accordingly, borrower(s) hereby agree/agrees and give/gives consent for the disclosure by the Bank of all or any such; a) information and data relating to borrower: b) the information or data relating any credit facility availed of/to be availed, by borrower; and c) default, if any, committed by borrower(s) in discharge of borrowers(s) such obligation, as the Bank may deem appropriate and necessary, to disclose and furnish to Credit information Bureau (India) Ltd. and any other agency authorized in this behalf by RBI. iii) Borrower(s) declare/declares that the information and data furnished by borrower(s) to the Bank are true and correct. iv) Borrower(s) undertake/undertakes that : a) the Credit Information Bureau (India) Ltd., and any other agency so authorized may use, process the said information and data disclosed by the Bank; and b) the Credit Information Bureau (India) Ltd., and any other agency so authorized may furnish for consideration, the processed information and data or products thereof prepared by them, to banks/financial institutions and other credit guarantees, as may be specified by the Reserve Bank of India in this behalf. Borrower(s) THE SECOND SCHEDULE referred to above : All the pieces or parcel of land as detailed hereunder (specify here for identification the details like survey number, village name etc.) Borrower(s) 468 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (ii) ;=l wmth, W"thfU;to(dK) mnb; ntu;un/mnbr; =u;t ni rfUcfUrl l rtrF; mqal t fUtufUtrN; fUh mfU;t ni& fU) W"thfU;tofuUcthubmqal t YJkytkfUzu< F) W"thfU;totht tedRo}UK mwrJ"t/testl uJttemwrJ"t fUemqal t, ;:t d) Rm=ug;t fuUrl Jonl bfUedRoaqfUfuUcthubsimt rfUcfUWvgw; mbSu, Jn }UK mqal t gqhtu rt. ;:t Cth;eg rhsJocfUtht tr"f]U; rfUmeCeYsmefUtuW"thfU;tofuUcthubmqra; fUh mfU;t ni> (iii) W"thfU;to(dK) DturM; fUhl un rfUW"thfU;totht cfUfUtu=edRomqal t mg YJkmneni> (iv) W"thfU;toJal =u;t ni rfU_ fU) }UK mqal t gqhtu(Rkrzgt) rt. ;:t tr"f]U; fUtuRoCeYsme, cf tht =edRomqal t fUtumkf]U; fUhmfU;t ni&;:t F) }UK mqal t gqhtu(Rkrzgt) rt. ;:t fUtuRoCetr"f]U; Ysmemkf]U; mqal t, ytkfU\zt rfUmecfU/ rJteg mk:t ;:t yg }UK dthkxe;:t Cth;eg rhsJocfUfUeytuhmurl "torh; rfUmeYsme fUtuYumemqal t =umfU;eni> W"thfU;todK Qvhrlr=o r;eg ylwmqae& gntRmfuUl eaur=Y dY rJ;]; rJJhK fuUyl wmthfuUCqrb fuUmCeFkz gt xwfU\zu(vnatl fuUrtY mJuoGK mkgt, d{tb fUt l tb simugtuhtfUtugntkrl r=o fUh) W"thfU;todK 469 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 THE THIRD SCHEDULE referred to above : The herds/flock/fish catch/silk worms and cocoons, etc. Short particular whereof are given hereunder : Borrower(s) THE FOURTH SCHEDULE referred to above : The tools equipment/fixtures/boats/machines, tractor/power tiller/tubewell/electric motors/ diesel engine and other movables connected with and relating to farming/rearing of cattle and/or flock/fishing/sericulture. Borrower(s) THE FIFTH SCHEDULE referred to above : (Repayment programme for Term Loan granted) Due date Amount of instrument Borrower(s) 470 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Qvhrlr=o ;];eg ylwmqae& gntkRmfuUl eaur=Y dY mkrGt rJJhK fuUyl wmthnzo/j tpfU/huNb fUex ;:t fwUfwUm& W"thfU;todK Qvhrlr=o a;w:oylwmqae& f]UrMfUtgo/vNwvttl ytihgt j tpfU/bg d{nK/huNb Wvt=l musw\zunwY ytihmkckr"; ytisth/WvfUh/sw\zl th/ l tJ/bNel , x[ixh/vtJhrxth/l t fqUv/rcsteatrt; btuxh/zest Rksl ytihyg skdb J;wYk> W"thfU;todK Qvhrlr=o vkab ylwmqae& (Jef]U; begt=e}UK fuUrtY awfUti;efUtgof{b) rlg; ;theF rfU; fUehtrN W"thfU;todK l tux&RmVUtbofuUrnk=evtX murfUmefUthfuUJ t=-rJ J t=fuUWvt ntul ufUer: r; bRmfUt bqt ykd{usevtX ne tr"f]U; btl t stYdt> 471 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A.-107 gq fUtucf UCO BANK ................................................ (dthkxevt fUt v) (FORM OF LETTER OF GUARANTEE) r=l tkfU/Date.............................. rg bntu=g, Dear Sirs, buht/nbthuyl whtu" vh e ............................................................................................. e ..................................................................................................................................... ytih e ..................................................................................................................................... fUtu h0 ...................................... ................................................................................................. (vgubtt) fuU yrd{b =ul u fUtu ytvfUe mnbr; fuU r;VUtJv b/nb rl l n;tGhfU;to RmfuU tht e ........................................................................................................................................................... e .......................................................................................................................................... ytih e ................................................................................................................................................... mu (rsnRmbRmfuUat;TIIbwg }UKeOOfUnt dgt ni) rtrF; v bbtd rfUY stl ufuU=tur=l vnat;TW; bqt"l h0 .............................................. ytih WmfuUgufUCtd ;:t Wmvh tu=TCq; vqhu=ug gts fUtuawfUti;e YJk=ug htrN fUe Wdtne ytih Jmqte mumkJkr"; vqhe ttd;, Cth yth gg fuUmgfTUCwd;tl fUe dthkxe =u;t nq/=u;un ytih ;=l wmth b/nb mkgw; YJkytd-ytd v muRmfuU tht Yume mCe hfUb fUtu, atnuJubqt"l gt gts gt ttd;, Cth ytih gg gt aqJtuor; rfUme yg "l rfUv bntu, ytvfUe btkd vh (g:tr:r;) ytvfUtuawfUtl uYJky=t fUhl ufuUrtY ;:t W; }UK ytih/gt Rmdthkxe fuUrtY ytih RmfuUy"el yvl uyr"fUthtfuUrtY gr= rfUme fUth fUtu ttd;, Cth ytih gg ytvfuUtht y=t, Wvd; gt cnl rfUY dY n ;tuWmfUt Cwd;tl fUhl ufuUrtY YJkytvfuUyr"fUthtfuUmkhGK, vrhhGK, r;hGt gt J;ol fuUrtY ytih bwg }UKe/}UrKgtgt bwSmu/ nbmu=ug cfUtgt htrN fUe Jmqte fuUrtY fUhth fUh;t nq/fUh;un YJkJal =u;t nq/=u;t n> In consideration of your agreeing at my/our request to advance an amount of Rs. .................................. (Rupees .................................................................................. only) to Mr. ...................................................................................................................................., Mr. .............................................................................................................................. and Mr. .................................................................................................................................. I/We, the undersigned hereby guarantee the due repayment, two days after demand in writing by Mr. ..........................................................................................................................., 472 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Mr. .................................................................................................................... and Mr. ......................................................................................................................................... (herei nafter cal l ed the pri nci pal /s) of the sai d pri nci pal amount of Rs. ............................................ and every part thereof and also the due payment of all interest occurring due thereon and all costs, charges and expenses of and incidental to realisation and recovery of the dues and that accordingly, I/we jointly and severally hereby agree and undertake to repay and pay (as the case may be) on demand to you all such amounts whether for principal or for interest or for costs, charges, expenses or for any other moneys aforesaid as also to pay all the costs, charges and expenses that you may pay, incur or suffer or be put to in any manner whatsoever or in any ways concerning the said loan and/or this guarantee and your rights hereunder and for protection, preservation, defence or enforcement of your rights and recovery of your dues either from the principal/ s or from me/us. 2. b/nb fUhth fUh;t nq/fUh;un rfUytdumubuhe/nbthe rfUme fUth fUe mnbr; fuUrcl t ytih Rm dthkxe fuUy"el buhe/nbthe =ul =the fUturfUme Ce fUth muCtrJ; rfUY rcl t }UK fUt l JefUhK fUhl u ytih bwg }UKe/}UKegtgt Wl bmurfUme YfUgt YfUmuyr"fUmuytd-ytd gt rfUn yg gr; gt gtr;gtfuUmt: mkgw; v mugt bwg }UKe/}UrKgtmumkckr"; rfUn yg gr; gu gr;gtmutt gt tt ntul uJtte rfUne r;Cqr; gt r;Cqr;gtfUtuvqKo;> ykN;&htufUtul u, l Jef]U; fUhl ugt Atu\z =ul ufUe vqKorJJufUt"el Nr;gtytv brl rn; ntude> I/We agree that you shall have full discretionary powers without any further consent from me/us and without in any way affecting my/our liability under the guarantee to renew the loan and to hold-over, renew or give up in whole or in part any security or securities received or to be received from the Principal/s or any one or more of them either alone or jointly with any other person or persons or from any other person or persons bearing the name of the Principal/s. 3. b/nb gn Ce fUhth fUh;t nq/fUh;un ytih RmfuUtht Rmct; fUe mbr; =u;t nq/=u;un rfU ytv Rmdthkxe fuUy"el buhe/nbthe =ul =the fUturfUme Ce fUth muCtrJ; rfUY rcl t bwg }UKe/ }UKegtfUtur=Y dY W; }UK fUe rfUn gt mCe N;tufUtuc=t mfUdugt Wmmurl bwo; gt Wbtura; fUh mfUdugt fUtuRoYumt fUtgofUh mfUdursmfUt rJr"fUvrhKtb Wbtual fUhl t gt Nbl gt mbSti;t fUhl t gt mbg Jef]Ur; nu;wJal =ul t gt rfUme yg fUth fUt yl wd{n fUhl t ntugt bwg }UKe/}UrKgtgt yl bumurfUme YfUgt YfUmuyr"fUvh gt W; }UK gt rfUn r;Cqr; gt r;Cqr;gtfuUrtY =tge rfUn gtr; gt gtr;gtvh gt bwg }UKe/}UrKgtfuUrtY r;CqfuUv bgt mkvtrJofUv mu=tge rfUme gr; vh gt rfUn yg gr; gt gtr;gtvh =tJt Jr;o; l n fUhl t ntu> I/We also agree that you shall be at liberty without in any way affecting my/our liability under this guarantee and I/we hereby give our consent to you to vary any term or terms of your said loan to the Principal/s or to release or discharge or to do any act or 473 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 omission, the legal consequence of which is to discharge or enter into any composition or compound with or promise to grant time or any other indulgence or not to sue either the principal/s or any one or more of them or any person or persons liable on the said loan or any security or securities or any person liable as surety or collaterally liable for the Principal/s or any other person or persons. 4. b/nb ytdufUhth fUh;t nq/fUh;un rfUgn dthkxe ytvfuUrtY at; r;Cqr; ntude ytih gn ;c ;fUJ]t hnude ytih CtJe ntude sc ;fUbwg }UKe/}UrKgttht ytvmurtY dY mCe }UK fUe =ug htrN, WmfuUytl wMkrdfUytih WmfUe ctc; htrN ytih WmfuUgufUCtd fUtuatnuJubqt"l gt gts gt ttd;, Cth ytih gg fuUv bnt, vqhe ;hn y=t l rfUgt dgt ntugt awfUtgt l dgt ntu> I/We further agree that this guarantee shall be a continuing security to you and shall remain in force and be operative until your dues of and incidental to and in respect of your loan to the Principal/s, either by way of principal amount or interest or costs, charges and expenses and all and every part thereof and any of them are paid and satisfied in full. 5. b/nb ytdufUhth fUh;t nq/fUh;un rfUbwg }UKe/}UrKgtvh ................................................ h0 fuUW; }UK fUe ctc; Yume tuFt r;gt, stuytvfUe tuFt vw;fUtbyl whrG; fUe st;e ni ytih rsl vh ;bbg fUtgoh; YumutuFufuUCthe yr"fUthe n;tGh fUh;un, rfUme Yumuyl wgtusl gt yg fUtgoJtne bbuhu/nbthurFttVUrl atgfUmtg ntude stubwg }UKe/}UKegttht ;mbg ytvfUtu=ug htrN fUe ctc; buhu/nbthuQvh ytvfuUtht ttgt d:t ntu> I/We further agree that copies of accounts maintained in your Books of Accounts in respect of the said loan of Rs. ..................................... to the principal/s and signed by your officers for the time being in charge of such accounts shall be conclusive evidence against me/us as to the amounts for the time being due by the principal/s to you in any action or other proceedings brought against me/us. 6. bwSu/nb btkd-vt r=gt dgt mbSt stYdt gr= Jn bwSu nb mkctur"; fUh ............................................................................................................................................. fu Uv;u vh ztfUtht Cust dgt ntugt nt:tunt: r=gt dgt ntuytih Jn rl Jtmgt fUtgtotg fuUv;ubrfUme fUth fuUvrhJ;ol fuUntu;unwY Ce ;:t RmfUe mqal t ytvfUtuntu;unwY Ce CtJe ntudt ytih Yumubtkd- vt fuUztfUbzttustl ufuUg:tr:r; aticemDkxufuUct=Jn buhu/nbthutht tt rfUgt dgt mbSt stYdt YJkfUuJt gne vgtot ntudt gr=Jn btkd vt ytvfuUrfUme yr"fUthe tht n;tGr; rfUgt dgt ntuytih Yume ;tbet mtrc; fUhl ufuUrtY gn mtrc; fUhl t vgtot ntudt rfUbtkd-vt vh XefUv;t rtFt dgt :t ytih WmuztfUbzttt dgt :t> The demand in writing shall be deemed to have been given to me/us by sending the same by post or by hand del i ver y addressed to me/us at the address............................................................................................................ and shall be effectual notwithstanding any change of residence or office and notwithstanding notice thereof to you and such demand shall be deemed to be received by me/us as the case may be twenty-four hours after the posting thereof and shall be sufficient if signed by any 474 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 one of your officers and in proving such service it shall be sufficient to prove that the letter containing the demand was properly addressed and put in the post office. 7. buhu/nbthugt nbbumurfUme YfUfuUtht n;tGrh; gn dthkrx bwg }UKe/}UrKgtgt Wl bmu rfUme YfUgt YfUmuyr"fUfuUrtY rfUme yg dthkxe fuUyr;rh; ntude ytih Rmuytv rfUme Ce mbg "trh; fUh mfUdu> This guarantee shall be additional to any other guarantee for the Principal/s or any one or more of them signed by me/us or any of us that you may at any time hold. 8. Rmdthkxe fuUrfUme Wvck" fUtufUtgtorJ; fUhl ufuUrtY b/nb g:tr:r; yvl umCe gt rfUn yr"fUthtfUtug:tJgfUytvfuUgt bwg }UKe/}UrKgtfuUrJh ytvfuUvG byr"grs; fUh;t nq/ fUh;un>ytih b/nb fUhth fUh;t nq/fUh;un rfUbwg }UKe/}UrKgtgt Wl bmurfUme YfUgt YfU muyr"fUfuUtht Wm}UK fUe ctc; Jt WmfuUrtY rsmfUe =ul =the buhu/nbthutht Wvgwo; v b dthkxef]U; ni, ytvfuUmt: rfUY dY rfUme mkrJ=t brfUme fUth fuUVUuhVUth fuUrJr"fUvrhKtb muWvt ttC fUt =tJt fUhl ufUt b/nb nfU=th l n ntuQdt/ntdu> I/We respectively waive in you favour all or any of our rights against you or the Principal/s so far as may be necessary to give effect to any of the provisions of this guarantee. AND I/We shall not be entitled to claim benefit of any legal consequences of any variation of any contract entered into by the Principal/s or any one or more of them with you for and in respect of the loan, the liability in respect of which is guaranteed by me/us as aforesaid. 9. gr= Rmdthkrx fuUy"el buhe/nbthe =ul =the fUe ctc; b/nb Rmmbg gt RmbRmfuUvat;T bwg }UKe/}UrKgtgt Wl bmurfUme YfUgt YfUmuyr"fUmufUtuRor;Cqr; tu;t nq/tu;un ;tub/ nb WmfUe ctc; ytv vh r;fqUt CtJ zttl ufuUrtY bwg }UKe/}UrKgtgt Wl bmurfUme YfU gt YfUmuyr"fUfUe Ntu"l yGb;t gt r=Jtrtgtvl fUtumtrc; l n fUdt/fUhuduytih Yume r;Cqr; ytvfuUrtY r;Cqr; cl e hnude ytih gn ;whk; ytvfuUvtmsbt fUe stYde> If I/We now or shall hereinafter take any security from the Principal/s or any one or more of them in respect of my/our liability under this guarantee, I/we will not prove in the bankruptcy or insolvency of the Principal/s or any one or more of them in respect thereof to your prejudice and such security shall stand as security for you and shall forthwith be deposited with you. 10. b/nb fUhth YJkDtuMKt fUh;t nq/fUh;un rfURmdthkxe fuUy"el ytih RmfuUyl wmhK brfUme =ug htrN fUtuy=t fUhl ufuUrtY bwSmu/nbmuyvuGt fUhl ufuUvqJoytv bwg }UKe/}UrKgtfUtur=Y dY W; }UK fuUy"el gt WmfuUyl wmhK bytih WmfUe ctc; ytih WmfuUytl wMkrdfUrfUme =ug htrN fUe cmqte, J;ol gt Wdtne fuUrtY bwg }UKe/}UrKgtfuUrJh rfUme fUth fUe fUtgoJtne attl ufuU rtY ctg gt rJJN l n ntdugtrfURmfUth b/nb Yume rfUme =ug htrN fUt cmqtt, c;ol gt Wdtne fuUrtY ytvfuUtht bwg }UKe/}UrKgtfuUrJh rfUme fUth fUe fUtgoJtne l n attY stl uvh Ce ytvfUtuYume =ug htrN y=t fUhl ufuUrtY rsbu=th YJkytc ntuQdt/ntdu> 475 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 I/We agree and declare that you will not be bound or compelled to take any proceedings whatsoever against the Principal/s for recovery, enforcement or realisation of any of your dues from or against the Principal/s under or in pursuance of and in respect of and incidental to your said loan to the principal/s before calling me/us to pay such dues to you under and in pursuance of the guarantee herein given so that I/we shall be liable and bound to pay any such dues to you, notwithstanding that no proceedings whatsoever shall have been taken by you against the principal/s for recovery, enforcement or realisation of any such dues. 11. b/nb ytdufUhth YJkvwr fUh;t nq/fUh;un rfURmdthkxe fUtufUtgtorJ; fUhl ufuUrtY ytv RmfUth fUtgofUh mfUdubtl tub/nb ytvfUt/ytvfuUbwg }UKe nq/n> I/We further agree and confirm that to give effect to this guarantee, you may act as though I/we am/are your Principal debtor/s. 12. gn dthkxe ytvfuUWthtr"fUtrhgtytih mbl w=urNr;gtfUt ttC mwrl ra; fUhudt> This guarantee shall ensure for the benefit or our successors and assigns. 13. Rmdthkxe fuUy"el ytih RmfuUyl wmhK bstuCe "l htrN buhu/nbthutht =ug ni Wl fUt Cqd;tl buhu/nbthutht ............................................................. br:; ytvfuUNtFt fUtgtotg brfUgt stYdt> All moneys whatsoever due and payable by me/us to you under and in pursuance of thi s guarantee shal l be payabl e by me/us at your Branch Offi ce si tuated at ............................................................................................................................ . CJ=eg/ Yours faithfully. :tl / Place : n;tGh/ Signature (vqht l tb v yGhtb) (Full name in Block letters) r=l tkfU/ Date :tl / Place : n;tGh/ Signature (vqht l tb v yGhtb) (Full name in Block letters) r=l tkfU/ Date rxvKe&RmVUtbofuUrn=e vtX murfUme fUth fuUct= rJ J t= fuUWvt ntul ufUe r: r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> Note : In the event of any controversy arising out of Hindi version of this form, the original English text of it will be treated as authoritative. 476 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y.-107(Y)/ A-107(A) dthkxevt LETTER OF GUARANTEE r=l tkfU/ Dated........................ c"fU, gqfUtucfU The Manager, UCO Bank rg bntu=gDear Sir, Rm ct; fUtu gtl b hF;u nwY rfU ytvl u buhu/nbthu yl whtu" vh e/eb;e/ bummo ............................................................................................................................................. , rl Jtme ........................................................................................................ fUtu(rsmuRmbRmfu Uvat; IIW"thfU;toOOfUnt dgt ni) l fU=e }UK/}UK gt rfUme yg Ft;ub ................................................ h., ;fU fUt yrd{b =ul u fUe mnbr; =e ni, b/nb .................................................................. ........................................................ Y;=tht gn dthkxe =u;t nq/=u;un rfUW"thfU;toW; yrd{b mu mkcr"; mCe rl ck"l tytih N;tufUt rl vt=l YJkyl wvttl fUhudt ytih gn Ce dthkxe =u;t nq/=u;un rfUW"thfU;toytvfuUtht rfUY dY ytih/gt r=Y stl uJttuW; yrd{b ;:t Wmvh mbg-mbg vh Wvra; gts fUe, sc fUCe =ug ntu, awfUti;e fUhudt ;:t W; yrd{b mumkckr"; mCe ttd;, Cth YJk FatufUt Cwd;tl yttfUtufUhudt ytih gr= W"thfU;toW; htrN ytih/gt WmfUe ctc; =ug NuMhtrN fUt Cwd;tl l n fUh;t ni ;tub/nb Y;=tht fUhth fUh;t nq/fUh;un YJkJal =u;t nq/=u;un rfU ytvfuUtht btkdustl uvh W; yrd{b mumkckr"; =ug mCe bqt gt gts fUe htrN ytih W; Ft;u fuUmc" bytvfuUtht "trh; r;Cqr; fUe hGt fUhl uytih WmuttdqhFl ub;:t W; yrd{b fuU mc" brfUme fUth muytvfuUtht Cqd;tl rfUY dY, Wvd; gt WXtY dY mCe ttd;, Cth YJk FaofUt Cqd;tl rcl t ytvrt fuUfUdt/fUhdu> In consideration of your agreeing at my/our request to advance moneys to the extent of Rs. ............................................................. in Cash Credit/Loan or any other account to Mr./Mrs./Miss./M/s. ............................................................................................................. of..................................................... (....................................................................................... (hereinafter referred to as the borrower) I/We............................................................ 477 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 ........................................................ hereby guarantee the due performance and observance by the borrower of all the terms and conditions relating to the said advance and also guarantee the due repayment by the borrower of all moneys advanced and/or to be advanced by you to the said borrower as aforesaid and also the due payment of all interest accruing due thereon from time to time as and when the same shall become due and repayable and also all costs, charges and expenses due and payable by the borrower to you relating to the said advances and in the event of non-payment by the borrower of the said moneys and/or the ultimate balance due in respect thereof, I/we hereby agree and undertake to pay to you on demand without demur and money due or owing to you in respect of the said advances either on account of the principal or interest and all costs, charges and expenses that you may pay, incur or suffer or be put to in any manner whatsoever in any way concerning the said advances and for the protection and enforcement of securities held by you in the said account. b/nb Y;=Ttht ytdufUhth fUh;t nq/fUh;un rfUW"thfU;tofUe r=Y dY rfUme mbg gt W; yrd{b mumcr"; rl ck"l ytih N;tufuUr; rfUgudY yl wd{n fuUfUthK b/nb Rmbyk;rJo yvl e dthkxe mubw; l n ntuQkdt/ntdytih gn rfUQvh fUnudY yl wmth W"thfU;tofUtuRmfUth fUe Aqx =tl fUh;umbg gt Wl vh yl wd{n fUh;umbg gn ytJgfUl n ntudt rfUbwSu/nbmqra; rfUgt stY>b/nb Y;=Ttht yvl umCe r;CqJ yr"fUthtfUt vrhgtd fUh;t nq/fUh;un YJkWnygrvo; fUh;t nq/fUh;un stuRl tJ"tl tfuUl hnl uvh bwSu/nbY;=Ttht =e dRodthkxe fUtumbtt fUhl ufUt yr"fUth =u;t nq>gn dthkxe W"thfU;tofUe =ug;tytfuUmt: mbrJ;eKontudt> I/We hereby further agree that any time granted to the borrower or any indulgence shown in respect of the terms and conditions relating to the said advances shall not release me/us from my/our guarantee herein contained and that it shall not be necessary for while granting any such concession or indulgence as aforesaid to the borrower to give any notice to me/us. I/We hereby waive and surrender and my/our suretyship rights which but for these provisions could entitle me/us to the termination of this guarantee hereby given. This guarantee shall be co-extensive with the liabilities of the borrower. b/nb DtuMKt fUh;t nq/fUh;un rfU}UKtYJk=ug;tytmrn; mCe ytNgtYJkWugtfuUrtY W"thfU;toRmdthkxe fuU;n; buht/nbtht rJr"J;Ttr"f]U; Ysx btl t stYdt> I/We declare that the borrower shall be deemed to be my/our duly authorised agent for the purpose of this guarantee for all intents and purpose including acknowledgement of debts and liabilities. buhu/nbthurJh fUe dRorfUme fUthoJtRogt yg fUtgoJtne bytvfUtu;mbg =ug htrN fuUrl Kog fuUrtY ytvfuUck"fUgt Wmmbg W"thfU;tofuUWmFt;ufuUCthe yr"fUthe gt rfUme yg yr"fUthe tht n;tGrh; tuFufUe r; fUturl atgfUmtg btl t stYdt> 478 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 A copy of the account of the borrower in your books of accounts signed by your Manager or the Officer for the time being in charge of such accounts or by your any other officer shall be conclusive evidence against me/us of the account for the time due to you in any action of other proceeding brought against me/us. CJ=eg, Yours faithfully rxvKe&RmVUtbofuUrn=evtX murfUmefUth fuUJ t=-rJ J t=fuUWvt ntul ufUer: r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> Note : In the event of any controversy arising out of Hindi version of this form, the original English text of it will be treated as authoritative. 479 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Y/A.-109 gqfUtucfU UCO BANK mtJr" }UK mkck"efUhth Agreement relating to Term Loan yts r=l ktfU .................................................................... 20 fUtuYfUytuh e/eb;e/fwU./ bummo .................................................................................................................................... v;t ................................................................................................................................................. (rsmu RmbRmfuUvat;TIIW"thfU;toOOfUnt dgt ni ytih sc ;fURmyrCgr; fUtunxtgt l stY gt fUtuRo ct; mk=CofuUrJh ntu;c ;fURmfuUy;do; WmfuU/WmfUe Jtrhm, rl vt=fU, NtmfU, r;rl r", Wthtr"fUthe YJkmbl w=urN;e Ntrbt mbSustYkdu) ;:t =qmhe ytih gqfUtucfUfuUcea, stucfUfUthe fUvl e (Wvf{btfUt ysol ytih y;hK) yr"rl gb, 1970 fuUy"el drx; YfUrl drb; rl fUtg ni ytih rsmfUt "tl fUtgtotg, 10 rJ. ti b. mhKe, fUtutfUt;t bni ;:t rsmfUe YfUNtFt yg :tl tfuU yttJt ..................................... bCe ni (rsmuRmbRmfuUvat;TIIcfUOOfUnt dgt ni ytih sc ;fU RmyrCgr; fUtunxtgt l stY gt fUtuRoct; mk=CofuUrJh l ntu;c ;fURmfuUy;do; WmfuU Wthtr"fUthe YJkmbl w=urN;e Ntrbt mbSustYdu), rl vtr=; rfUY stl uJttufUhth fuUy;rl ogb cl tY st;un> ARTICLES OF AGREEMENT made this ........................... day of.................................... 20....... BETWEEN Mr./Mrs./Miss/M/s. ...................................................................................... of .......................................................................................................................................... (hereinafter referred to as the Borrower, which expression shall unless excluded by or repugnant to the context be deemed to include his/her/its heirs, executors, administrators, representatives, successors and assigns) of the One Part and UCO Bank, a Body Cor porate consti tuted under The Banki ng Compani es (Acqui si ti on & Transfer of undertakings) Act, 1970 having its Head Office at No. 10, B.T.M. Sarani, Kolkata and a branch office amongst other places at ........................................................................ (hereinafter referred to as the Bank, which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns) of the Other Part. aqrfUW"thfU;tol ur=l tkfU .................................... fuUyvl u}UK ;tJ fuU, (RmbRmfuUvat; II}UKfU;tofUt ;tJOOfUnt dgt ni) rsmfUe YfUr; RmfUhth fuUmt: mktl ni, fuUyt"th vh ytih WmbWvJrKo; gtusl tfuUrtY ........................... h. fuU}UK nu;wcfUfuUvtmytJu=l rfUgt ni> 480 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 WHEREAS the Borrower has applied to the Bank for a loan of Rs. ........................... upon the basi s of and for the purposes set forth i n the Borrowers proposal dated............................., a copy whereof is annexed to this Agreement (hereinafter called the Borrowers proposal). aqrfUW"thfU;tofuUyl whtu" vh cfURmrJtuF ytih RmfUe yl wmqae bmqaec yg =;tJust b(RmbRmfuUvat;TmtbqrnfUv muIIr;Cqr; =;tJusOOfUnt dgt ni) WvJrKoo; rl ck"l tfuU yl wmth .................................................. h. fUt yrd{b mtJr" }UK fuUv bW"thfU;tofUtu=ul ufuU rtY mnb; ntudgt ni> WHEREAS at the request of the Borrower the Bank has agreed to advance a sum of Rs. .............................................. by way of term loan to the Borrower upon the terms set forth in these presents and in other documents listed in the Schedule hereto (hereinafter collectively referred to as the Security documents). y;&yc vqJofUr:; ;gtfUur;VUtJv rl l tl wmth fUhth rfUgt st;t ni&_ NOW IT IS AGREED in consideration of the premises as follows : 1. W"thfU;tobu;tJ fUtuRmfUhth fUt ytih RmfuUy"el cfUtht r=Y stl uJttu}UK fUt yt"th btl t stYdt ytih W"thfU;toWmby;rJo gufUrJJhK ytih rJrNr fUe mg;t fUt RmfuUtht mb:ol fUh;t ni ;:t Wmbr=Y dY ;tJ fUtufUtgtorJ; fUhl ufuUrtY Jal =u;t ni> The Borrowers proposal shall be deemed to constitute the basis of this Agreement and of the loan to be advanced by the Bank hereunder and the Borrower hereby warrants the correctness of each and every one of the statements and particulars therein contained and undertakes to carry out the proposal therein set forth. 2. W"thfU;toRmfuUtht fUhth fUh;t ni rfURmrJtuF tht r;Cqr; =;tJustfUtuv v mugt ytJgfUrJJGt tht Wvtk;rh; fUhl ufuUrmJtg W; }UK Rmbytih RmfUe yl wmqae bmqaec r;Cqr; =;tJustby;rJo rl ck"l tfuUyl wmth rJrl grb; ntudt> The Borrower hereby agrees that the said loan shall be governed by the terms contained herein as well as those embodied in the Security documents listed in the Schedule hereto except in so far as the security documents may expressly or by necessary implication be modified by these presents. 3. W"thfU;tov v mufUhth fUh;t ni ytih Jal =u;t ni rfUJn W; }UK fUt Wvgtud }UKfU;to fuU;tJ bWvJrKo; gtusl tfuUrtY fUhudt, yg rfUme gtusl fuUrtY l n> The Borrower expressly agrees and undertake that the said loan shall be utilised exclusively for the purposes set forth in the Borrowers proposal and for no other purposes. 481 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 4. W"thfU;tofUhth fUh;t ni ytih Jal =u;t ni rfU}UKfU;tofuU;tJ bWvJrKo; rfUne rJrNrgt fUe mg;t fUtuCtrJ; fUhl uJtte rfUme Dxl t fuUDrx; ntul uvh W; Dxl t fuUDrx; ntul ufuUmt; r=l tfuUCe;h Jn rtrF; v bRmfUe mqal t cfUfUtu=udt> The Borrower agrees and under takes to noti fy the Bank i n wri ti ng of any circumstances affecting the correctness of any of the particulars set forth in the Borrowers proposal within seven days after occurrence of any circumstance. 5. W"thfU;tocfUfUtul eaurtFe ;theFtfUtuYJkrfU;tb}UK fUe awfUti;e fUhudt&_ The loan shall be repayable by the borrower to he Bank on the dates and by instalments mentioned hereunder : awfUti;eylwmqae/ Repayment Schedule 6. W"thfU;toRmcea gts fUt Cw d;tl gq fUtucfUfUebq t W"th =h stuRmmbg .............................. % r; JMoni mu ................................ % r;JMoyr"fUfUe =h vh stugql ;b .............................. % r;JMontudtu, ............................... yk;htt vh fUhudt>vhk;wcfUJrJJufUtl wmth gt Cth;eg rhsJo JfUtht mbg-mbg vh sthe rfUY stl uJttur=Ntrl =uoNtfuUyl wmth Wvgqo; gts-=h fUtumkNtur"; fUh mfU;t ni gt c\Zt mfU;t ni rsmfUe mqal t W"thfU;tofUtu=e stYde ytih W"thfU;toRmfuUtht gts- =h brfUY stl uJttumkNtu"l YJkJ]r fuUr; yvl e mnbr; =u;t ni ;:t Rmmnbr; fUt gn y:o tdtgt stYdt rfURmfUth mkNtur"; gt Jro; gts-=h fUt WtuF RmfUhth brfUgt dgt :t ytih W"thfU;toWmfUt Cwd;tl fUhl ufuUrtY mnb; :t ytih WmfuUtht gn hrG; ni> The Borrower shall in the mean time pay interest @................... % p.a. above the UCO Bank Prime Lending Rate which is at present................... % p.a. subject to minimum rate of interest of................% p.a. with.................. rests. Provided, however, that the above rate of interest may be revised or increased by the Bank either in this sole discretion of which notice shall be given to the Borrower or in accordance with the directives of Reserve Bank of India, issued from time to time and the Borrower hereby agrees to such revision and increase in the rate of interest and this Agreement shall be construed as if such revised or increased rate of interest were mentioned herein and agreed to be paid by the Borrower and are hereby secured. 7. gr=Qvh WrtrF; bqt"l gt gts fUe rfUme rfU; fuUCwd;tl bgr;f{b ntu;tucfU, Wm htrN vh rsmfuUmc" bgr;f{b nwyt ntu, gr;f{b fUe ;theF muCwd;tl gt Jmqte fUe ;theF ;fU rhsJocfUfUe =h mu ................... % yr"fUfUe =h vh stugql ;b ................................................. % r;JMontude gt yg Yume =htvh stumbg-mbg vh }UKfU;tofUtumqra; fUe stY, gts Ctrh; fUhl ufUt nfU=th ntudt> In case there is any default in the payment of any of the instalments either of the principal or interest mentioned above, the Bank shall be entitled to charge interest at the rate of................. % over the Reserve Bank rate subject to the minimum of................... % 482 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 per annum or at such other rates as may be notified to the Borrower from time to time on the amount of such default from the date of default till payment or realisation. 8. cfUtht =ug ;:t tg ytih cfUtht tt fUtuRoCe "l Rmv btdtgt stYdt simt rfU cfUmbg-mbg vh yvl uvqKorJJufUmuykr;b v murl "torh; fUhudt (rmJtg RmfuUrfUcfURmu rfUme Wak; Ft;ub;c ;fUYJkWmher; musbt fUhudt simt rfUJn mbg-mbg vh rl "torh; fUhudt)> Wvgqo; vh r;fqUt CtJ zttucdih tt "l fUt rJrl gtud rl l rtrF; her; murfUgt stYdt_ i) :b;&, vrhmbtt nstol tytih ct= fuUgts fuUrtY (yCtrh; gts mbu;) ii) r;eg, Ctrh; gts fuUrtY iii) ;];eg;&cfUtht rf Y dY Fatu, Ctht;:t ttd;tufuUrtY ytih iv) yk;;&cfUtgt bqt"l fuUrtY> Any money due and payable to the Bank and received by the Bank shall be applied in such order as the Bank in its absolute discretion may from time to time conclusively determine (save that the Bank may credit the same to a suspense account for so long and in such manner as the bank may from time to time determine). Without prejudice to the above, the monies received shall be appropriated in the following manner : i) Firstly, towards liquidated damages and further interest (including uncharged interest); ii) Secondly, towards interest charged; iii) Thirdly, towards costs, charges and expenses incurred by the Bank; and iv) Lastly, towards the principal amount due. 9. IIsc ;fUcfUfUtuW"thfU;totht mCe htrNgtfUt Cwd;tl l n ntust;t n, stuy;e;, J;obtl y:Jt CrJg fUe, Jt;rJfUy:Jt ytfUrbfUhtrN ntu, y:Jt rsl fuUrtY W"thfU;tobqt v mu y:Jt r;CqfuUv bRmfuUy"el y:Jt yg:t Wth=tge ntu, y:Jt ntu;t ntu, W"thfU;toRmct; vh mnb; ntu;t ni rfUcfUtht W"thfU;tofuUtuFufUe y:Jt WmfuUFt;ufUe htrN vh y:Jt WmfuU rfUme Ft;uvh rfUme Ce her; y:Jt gtusl murfUme Ce mbg "trh; mCe r;Cqr;gt;:t/htrN vh d{nKtr"fUth ;:t/y:Jt bqshufUt yr"fUth cfUfuUvtmntudt>W; r;Cqr;gt;:t/y:Jt "l bmu W"thfU;tofuU W; =trgJty:Jt =ug;tytfuUWbtual fuUrtY cfUJ;kt ntudt>;:t begt=e sbthtrNgtfuUbtbtub, atnuJuCwd;tl fuUrtY vrhvJ nwRontuy:Jt l n, W"thfU;tofUtul turxmr=Y rcl t (ct= =tgh fUhl uy:Jt fUtuRorJr"fUfUtgoJtne fUhl ufuUvqJoy:Jt vat;) stuCe her; Wm Wra; tdu, WmmuRl fUt rJrl gtusl y:Jt Jmqte fUe st mfuUde>cfUm=TCtJ mutfUrt; WmhtrN fUt bwsht fUh mfuUdt stuWmfuU=trgJ fUe htrN ntude>OO 483 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Until payment is made to the Bank of all the amounts, whether past present or future, actual or contingent, which may be payable by the borrower or for which the borrower may be or become liable hereunder or otherwise and whether as principal or surety, the borrower agrees that the Bank shall have a lien and/or right of set off on all securities and/or monies whatsoever held at any time by the Bank on account of or to the credit of the Borrower in or for any account or manner or purpose howsoever. The Bank shall be at liberty to discharge the said obligations or liabilities of the borrower out of the said securities and/or monies, and in case of term deposits, whether the same have matured for payment or not, and may appropriate or realize them in the manner though fit by it and without notice to the Borrower (and whether before or after filing suit or taking any legal proceedings). The Bank may set off an amount estimated by it in good faith to be amount of that obligation. 10. Rmbgt r;Cqr; =;tJus brfUme ct; fuUntu;unwY Ce mvqKoyrd{b ;fUtt W"thfU;totht cfUfUtu=ug ntudt YJkcfUrl l rtrF; Dxl tytbmurfUme YfUfuUDrx; ntul uvh r;Cqr; Jr;o; fUhtl ufUt nfU=th ntudt, g:t&_ Notwithstanding anything herein or in the security documents contained the whole advance shall become forthwith due and payable by the borrower to the Bank and the Bank will be entitled to enforce its security upon the happening of any of the following events, namely : (fU) y=tgde fUe ;theF fUtubqt"l fUe rfUme rfU; fuUy; hnl uvh WmfuUCwd;tl fuUrtY< (a) Any instalment of the principal moneys being unpaid on the due date for payment thereof: (F) atnuytivatrhfUgt Ji" v mubtkd fUe dRontugt l n, rfUme gts fuU=ug ntustl u fuUvat; ;el bnel u;fUy=t gt cfUtgt hnl uvh< (b) any interest remaining unpaid and in arrears for a period of three months, after the same shall have become due whether formally or legality demanded or not: (d) Rl rctuFtytih/gt W"thfU;tofUe :tvl t ytih/gt r;Cqr; =;tJus by;rJo rl ck"l ytih N;tuy"Jt yrd{b mumkckr"; yg rfUme rl ck"l gt N;tufuUvttl gt yl wvttl bW"thfU;totht rfUme fUth bu, Ckd gt gr;f{b rf Y stl uvh< (c) the Borrowers committing any breach or default in the performance or observance of the terms and conditions contained in these presents and/or the Borrowers proposal and/or the security documents or an, other terms or conditions relating to the advance: 484 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 (D) W"thfU;totht yvl u}UK=t;tytbfUtuRoXnhtJ gt Nbl fUhl uvh gt r=Jtrtgtvl fUt fUtuRofUtgofUhl uvh< (d) the Borrowers entering into any arrangement or composition with its creditors or committing any act of insolvency: (E) W"thfU;tofUe vqhe mvrt gt WmfuUrfUme Ctd vh fwUfUeogt fUh:bTfuUyt=uN sthe ntul u vh< (e) execution or distress being enforced or levied against the whole or any part of the Borrowers property; (a) W"thfU;to(gr= Jn fUtuRofUvl e ntu) mbtvl fUe r:r; bntu(mbtbutl gt vwl rl obtoK fuU gtusl t:ofuUrmJtg)< (f) the Borrowers (if a Company) going into liquidation (except for the purpose of amalgamation or reconstruction); (A) W"thfU;tofUt (gr= Jn fUtuRoVUbontu) fUtuRoCtde=th r=Jtrtgt gtgrl Keo; nwyt ne gt r=Jtrtgt }UKe fuUyl w;tuMfuUrtY rfUme rJr" fUt ttC WXt hnt ntu< (g) any of the partners of the Borrower (if a firm) being adjudicated insolvent or taking advantage of any law for the relief of insolvent debtors; (s) W"thfU;tofUe vqhe mvrt gt WmfuUrfUme Ctd fUe ctc; rhmeJh rl gw; ntul uvh< (h) a Receiver being appointed in respect of the whole or any part of the property of the Borrower; (S) W"thfU;tofUthtucth Atu\z hnt ntugt WmfuUfUthtucth Atu\zl ufUe ytNkfUt ntu< (i) the Borrower ceasing or threatening to cease, to carry on business; (@) Yume vrhr:r;gtkWvt ntul uvh stucfUfUtu=e dRor;Cqr; vh r;fqUt CtJ zttl u Jtte ntgt Wmul wfUmtl vnwat;e ntgt mkfUx bztt;e ntgt WmfuUbqg fUtufUb fUh;e nt<ytih (j) the occurrence of any circumstance which is prejudicial to or impairs or imperils or depreciates the security given to the Bank; and (x) Yume Dxl t Drx; ntul ugt vrhr:r; fuUWvt ntul uvh stuW"thfU;tofuU}UK awfUtl ufUe Gv;t vh rfUme fUth fUt r;fqUt gt rJhtu"e CtJ ztt;e ntugt zttl ufUe ytNkfUt ntu> (k) the occurrence of any every of circumstance which would or is likely to prejudicially or adversely affect in any manner the capacity of the Borrower to repay the loan. 485 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Wvgwo; bmufUtuRoDxl t Drx; nwRoni gt l n, Rmmkck" bcfUfUt rl Kog ykr;b ytih W"thfU;tovh ctgfUthe ntudt> On the question whether any of the above events has happened, the decision of the Bank shall be conclusive and binding on the Borrower. 11. W"thfU;to, cfUfUe rtrF; mvr; fuUrcl t Yumuyrd{b fUe ctc; cfUfUe =e dRor;Cqr; vh rfUme fUth fuUCth, "thKtr"fUth gt yg rJtkdbtfUtum]sl l n fUhudt gt Yume r;Cqr; vh yg rfUme vGfUth gt gr; fuUvG brfUme rn; fUt m]sl l n fUhudt> The Borrower shall not, without the written consent of the Bank, create in any manner any charge, lien or other encumbrance on the security given to the Bank in respect of such advance or create any interest on such security in favour of any other party or person. 12. W"thfU;tocfUtht Wmur=Y dY }UK-yrd{btfUe vqJoN;ofuUv bY;=Ttht gn mnbr; =u;t ni rfUgr=Jn rl g; ;theF/;theFtfUtu}UK/yrd{btfUe awfUti;e y:Jt WmfuUgts fUe awfUti;e y:Jt }UK fUe rfUme Ce mnb; rfU; fUtuawfUtl ubaqfUfUh;t ni ;tucfU;:t/y:Jt Cth;eg rhsJocfU fuUvtmgn yrJNurM; yr"fUth ntudt rfUJuaqfUfU;tofuUv bWmfUt l tb y:Jt fkUvl e/VUbo/RfUtRo ;:t RmfuUrl =uNfUt/Ctde=tht/JJCtrhgtfuUl tb Wmher; muytih btgb mufUx fUhy:Jt fUtrN; fUh, rsmucfUy:Jt Cth;eg rhsJocfUyvl uvqKorJJufUmuWra; mbS> The borrower hereby agrees as a pre-condition of the loan advances given to him by the bank that in case he commits default to the repayment of the cash advances or in the repayment of interest thereon or any of the agreed instalment of the loan on due dates, the bank and/or the Reserve Bank of India will have an unqualified right to disclose or publish his name or the name of the company firm/unit and its directors/partners/proprietors as defaulter in such manner and through such medium as the bank or Reserve Bank of India in their absolute discretion may think fit. 13. (i) W"thfU;tofUtur=Y stl uJttu}UK/yrd{b/yg dih_rl r" yt"trh; }UK mwrJ"tytfuUrtY YfU vqJoN;ofuUv cfUfUtuW"thfU;tomuRmct; fUe mnbr; tt fUhl t she ni rfUJn W"thfU;totht tt fUe dRo/tt fUe stl uJtte }UK mwrJ"tytmumkckr"; mqal t ytih ytkfU\zu<W"thfU;totht "trh;/"trh; fUe stl uJtte ;mkck"e =ug;tytytih WmfuUvttl b W"thfU;totht fUe dRoaqfU(gr= fUeRontu) fUtufUx fUh mfU;t ni> (ii) ;=l wmth W"thfU;toY;=Ttht Jef]Ur; ytih mnbr; =u;t ni rfUcfUgr=Wra; ytih ytJgfU mbSu;tu}UK mqal t gwhtu(Cth;) rt. ytih RmfuUrtY Cth;eg rhsJocfUtht tr"f]U; rfUme yg Ysme fUturl l rtrF; mCe gt RmfUth fUe fUtuRoCe stl fUthe =umfU;t ni& fU) W"thfU;tofuUcthubmqal t ytih ytkfU\zu< F) W"thfU;totht tt fUe dRo/tt fUe stl uJtte }UK mwrJ"tytmumkJkr"; mqal t gt ytkfU\zu, ytih 486 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 d) Wl =trgJtfuUvttl bW"thfU;totht fUe stl uJtte aqfU, gr= fUtuRontu> (ii) W"thfU;togn DtuMKt fUh;t ni rfUWmfuUtht cfUfUe =e dRomqal t ytih ytkfU\zumg ytih mne n> (iv) W"thfU;togn Jal =u;t ni rfU& fU) }UK mqal t gqhtu(Cth;) rt. ytih Rm;hn mutr"f]U; fUeRoYsme cfUtht fUx fUe dRoW; mqal t ytih ytkfU\zt fUt Wvgtud ;:t mkmt"l fUh mfU;t ni<;:t F) }UK mqal t gqhtu(Cth;) rt. ytih Rm;hn mutr"f]U; fUtuRoYsme mkmtr"; mqal t ytih ytkfU\zt gt yvl utht rl rbo; WmfuUWvt=tfUtuCth;eg rhsJocfUtht RmfuU rtY rl r=o cfUt/rJteg mk:tytfUturJatht:o;w; fUh mfU;t ni> 13. (i) As a pre-condition, relating to grant of the loans/advances/other non-fund based credit facilities to the borrower, bank requires borrowers consent for the disclosure by the bank of, information and data relating to the credit facility availed of/to be availed by borrower, obligations assumed/to be assumed by borrower, in relation thereto and default, if any, committed by borrower in discharge thereof. (ii) Accordingly, the borrower hereby agree and give consent for the disclosure by the Bank of all or any such; (a) information and data relating to borrower; (b) the information or data relating any credit facility availed of/to be availed by borrower; and (c) default, if any, committed by borrower in discharge of borrower such obligation, as the Bank may deem appropriate and necessary, to disclose and furnish to Credit Information Bureau (India) Ltd., and any other agency authorised in this behalf by RBI. (iii) The Borrower declares that the information and data furnished by borrower to the Bank are true and correct. (iv) Borrower undertakes that : a) the Credit Information Bureau (India) Ltd., and any other agency so authorised may use, process the said information and data disclosed by the Bank; and b) the Credit Information Bureau (India) Ltd., and any other agency so authorised may furnish for consideration, the processed information and data or products thereof prepared by them, to banks/financial institutions and other credit guarantees, as may be specified by the Reserve Bank of India in this behalf. 487 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 14. c fUfu Unh yl w htu " vh W"thfU;toc fUyti h Wmfu UyrCfU;to , yr"fUthe, fUbo athe, mu JfUgt l tbrl =u o rN;e fUtugn mwrl ra; fUhl ufuUrtY rfUW"thfU;tol uyrd{b fUe N;tufUt mgfUv muyl wvttl rfUgt ni gt l n, yvl uvrhmh, dtu=tb, fUthFtl t ytih yvl e tuFt-vw;fUtfuUrl heGK fUe yl wbr; =udt> The Borrower shall, upon every request of the Bank, allow the Bank and its agent, officers, employees, servants or nominees to inspect the Borrowers premises, godown, factory and Borrowers books of account for ensuring that the Borrower has duly complied with the terms of the advance. 15. W"thfU;to}UK fUe N;tufuUmgfUyl wvttl fuUmkJk" bcfUtht yvurG; mCe stl fUthe m;tuMsl fUv bWmfuUmbG ;w; fUhudt ytih sc Ce fUCe cfUW; }UK fuUmne Wvgtud fuU cthubv;t tdtl ufuUrtY fUtuRoCe ytJr"fUrhvtuxogt mqal t rsmrfUme Ce v bytih rsmrfUme Ce rJJhK mrn; btkduJn cfUfuUmbG ;w; fUhudt> The Borrower will furnish the Bank with all such information as the Bank may require for the Banks satisfaction as to due compliance of the terms of the loan and all such periodical reports and information at such times, in such forms and containing such particulars as the Bank may call for, for the purpose of ascertaining the result of the utilisation of the said loan. ylwmqae/ SCHEDULE (cfUtht W"thfU;tomutt mCe r;Cqr; =;tJustfUe rJrNrgtfUtumkrG; v mugntkrtFu) (here give brief particulars of all security documents obtained by the Bank from the borrower) RmfUemtGefuUv bW"thfU;tol uRmfUhth fUtuWvrhrtrF; r=l , bnel uYJkJMobrl vtr=; rfUgt> IN WITNESS WHEREOF the Borrower has executed this Agreement the day, month and year above written. (W"thfU;tofuUn;tGh) (Signature of Borrower) rxvKe&RmVUtbofuUrn=e vtX murfUme fUth fuUJt=-rJJt=fuUWvt ntul ufUe r:r; bRmfUt bqt ykd{use vtX ne tr"f]U; btl t stYdt> Note : In the event of any controversy arising out of Hindi version of this form, the original English text of it will be treated as authoritative. 488 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 FR. 2 (Revised) UCO BANK .................................................. BRANCH Irrevocable Documentary Credit Issuing Banks Credit No. Applicant Beneficiary Advising Bank Amount not exceeding : In Figures : In Words : Expiry Date : For Shipment : .................................... For Negotiation : ................................. at the counters of Advising Bank To The Manager, .......................................... Bank .......................................... Branch Please open by Mail/ Airmail Cable at urgent Ordinary rate / an Irrevocable Documentary Credit available at the aggregate sum not exceeding .............................................................................. by negotiation/acceptance/payment of beneficiarys right/.............................................. days usance drafts drawn on ....................................................................... and accompanied by (name & address) 489 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 1. Signed Commercial Invoices for a value not exceeding the draft amount quoting i mpor t l i cence No. ............................. and cer ti fyi ng goods are per order/ i ndent...................................... Coveri ng consi gnment of............................................................................... . The gross FOB/CIF/C&F value of the goods before deduction of Agents Commission, if any, must not exceed the credit amount. 2. Certificate of (Name of Counter) origin issued by a Chamber of Commerce. 3. Full set, signed, Clean, On Board, Ocean Bills of Lading of a Conference Line Vessel made out to order and blank endorsed marked Freight prepaid/freight payable at destination and notify Bank-full address) and (importer full address) L/C. No., and date evidencing current shipment of merchandise stated above. Short from Bill of Lading and Third Party Bill of Lading or document produced by reprographic process/computerised system/carbon copies marked original are not acceptable. 3.a) Airway Bills/Air consignment notes addressed to (bank) for account openers indicating letter of credit number and marked Freight Prepaid/Payable at destination. Airway Bills/Air consignment notes must indicate flight number and date. 4. Lloyds Certificate that carrying steamer is seaworthy and not more than 15 years old. 5. Marine Insurance Policies/Certificate dated not later than the date of Bill of Lading unto order and blank endorsed for 10% over invoices value covering Institute Cargo Clause (A). Institute War Clause (Cargo) and Institute Strikes Clause (Cargo), Warehouse to Warehouse Clauses with claims payable in India irrespective of percentage. Transhipment risks must be covered if goods are subject to transhipment. 6. Test Certi fi cate/Inspecti on Cer ti fi cate dated........................ and i ssued by........................ specifying date content wording etc. 7. Packing List with the same details as in No. 6 above. 8. Certificate by........................, certifying that the goods have been loaded On Board the vessel. Shipment/Despatch should be effected from................... to (specify port). Bill of Lading must be dated not later than................. nor prior to the date of this credit. Bills of exchange must be dated and negotiated not later than.............................. days after the date of Shipment/Despatch, in any case not later than the expiry date of the credit. 490 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 Transhipment is permitted/prohibited. Part-shipment is permitted/prohibited. Additional Conditions : 1. All bank charges outside India are for beneficiary/Openers account. 2. A transport document which is produced : (a) by reprographic system or (b) by or as a result of automated or computerised systems or (c) as carbon copy will not be accepted as an original document even if it is marked as original or appears to have been authenticated. 3. The transport document : (a) must contain all the conditions of carriage on the original document (b) must not indicate the place of final destination as being different from the port of discharge (c) must not contain the indication intended or similar qualification is relation to the vessel or other means of transport or port of leading or port of discharge (d) must be issued by the carrier or his agent and not by any freight forwarder (e) must not contain a provision the goods may be carried on deck. 4. LASH transport documents are not acceptable. 5. Transport documents bearing reference by stamp or otherwise to costs additional to the freight charges are not acceptable. 6. Short from or blank-back transport documents are not acceptable. 7. A transport document bearing a date of issuance prior to that of the credit is not acceptable. IN CONSIDERATION of your opening the above credit. I/We hereby agree and undertake as follows : 1. I/We hereby agree and undertake to accept and pay all bills of exchange drawn or purported to be drawn pursuant to the terms of the credit and take up and pay for 491 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 all the documents negotiated thereunder in accordance with the terms thereof, as also for any disbursement made or liability incurred by you for my/our account under the Credit, together with interest, costs, charges and expenses due you in respect thereof as hereinafter mentioned. 2.i) I/We further agree to pay to you interest on the amount(s) payable in respect of my/ our liability under the Credit, at the rate of................... per cent per annum over the Reserve Bank of India rate subject to a minimum of....................... per sent per annum or at such other rate as may be prescribed by Reserve Bank of India from time to time for advances to non-priority sectors. ii) The aforesaid rate of interest shall however be applicable only during the period from the date of negotiation of the bill/documents under the Credit up to and inclusive of the date immediately preceding the date of payment by me/us or the date of crystallisation of my/our liability on the foreign currency bill pursuant to Clause 5(i) below, whichever is earlier, after which interest shall be payable at the rate stipulated in the said Clause 5(i). 3. I/We further agree to pay to you on demand (i) the charges that may be levied as per the Foreign Exchange Dealers Association of India Rules in force from time to time for any early/late delivery of the relevant foreign exchange/currency under the Forward Exchange Contract, if any, booked by me/us and (ii) the commission or handling charges at the rate of 0.15% on the amount of the bill(s) drawn under the Credit. 4. I/We also agree to pay to you on demand, all costs (legal) costs on full indemnity basis) customs duty, penalty, demurrage, storages charges, clearing and forwarding charges and all other charges and expenses which you may be put to or suffer or incur in connection with the goods and or the documents of title to goods covered by the Credit including for re-shipment thereof for any reason whatsoever, or in the exercise or enforcement of any right or power hereby conferred or otherwise howsoever, and further agree and undertake to hold you safe and harmless and keep you indemnified against any claim, action or proceeding made or brought against you, your correspondents or agents, as also against any liability or loss incurred or suffered by you, your correspondents or agents by reason of your having established the Credit pursuant to my/our application or otherwise howsoever in the premises. 5. i) If I/We fail to make due payment to you of a sight bill on its presentation or a usance bill on the date of its maturity, which is drawn or purported to be drawn under the Credit and expressed to be payable in a foreign currency, then you shall be at liberty without prejudice to your rights hereunder to crystallise my/our liability on the foreign 492 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 currency bill Indian Rupees on the 10th day after the date of receipt of documents by you under the Credit in the case of sight bill remaining unpaid till then, or on the date of maturity in the case of a usance bill, whereupon I/We shall be liable to pay to you the Indian Rupees equivalent of such foreign currency amount as calculated at the rate of exchange mentioned below, together with interest thenceforth at the rate of................... per cent per annum with quarterly rests, or at such other rate and/ or with such other rests as may be notified by you from time to time, until payment or realisation, and all costs, charges and expenses payable by me/us hereunder. ii) The rate of exchange applicable to such conversion of the foreign currency amount into Indian Rupees shall be a) your applicable bill selling rate prevailing on the date failing on the 10th day after the date of receipt of documents by you under the Credit in the case of a sight bill or on the date of maturity in the case of a usance bill Provided However that if the relevant rate of exchange is not quoted or available for any reason on such 10th day in the case of sight bill or on the date of maturity in the case of a usance bill, then the rate prevailing on the immediately next working day when such rate shall be quoted or be available, shall be the applicable rate of exchange, or b) the forward exchange contract rate in case a forward exchange contract has been booked by me/us with you. iii) The date of receipt of documents by you under the Credit as registered in your record shall be conclusive and binding on me/us. iv) I/We confirm that crystalisation of my/our liability on the foreign currency bill by you and the charging/payment of interest at a higher rate as aforesaid shall not be deemed to create any right in me/us to keep any bill unpaid when due. 6. I/We further agree that you shall a pledge upon all goods and documents of title to goods and other documents covered under the Credit which may have been already delivered or shall be hereafter delivered into your possession or into the possession of your agents by me/us or by any person, firm or company on my/our behalf as a result of your opening the Credit or in connection with the transaction thereunder. The said goods and the documents shall be deemed to be so delivered in pursuance of my/our this agreement to pledge them to you as security for all payments which may be made by you or your correspondents or agents under the Credit for my/our account as also for any liability whatsoever incurred or which may be hereafter incurred by you or your correspondents or agents as a result of the opening of this Credit, together with interest, costs, charges and expenses as hereinabove mentioned. 493 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 7. In the event of my/our committing a default in making due payment of any bill drawn or purported to be drawn under the Credit or in making reimbursement on demand of any payment made by you for my/our account in respect of any liability that may be suffered or incurred by you or your correspondents or agents under or in connection with the Credit, then you shall be entitled without prejudice to any of your rights and without notice to me/us (which I/We hereby expressly waive), to sell the goods covered under the credit (the said goods) whether before or after their arrival, either by public auction or tender or by private contract and subject to such conditions as you may deem fit to impose, or otherwise dispose of or deal with the said goods or any part thereof and or with the relative documents of title to goods in any manner whatsoever, without being bound to exercise any of these powers or liable for any loss in the exercise or non-exercise thereof. The net proceeds realised from sale of the said goods or transfer of any document of title, remaining after deducting there- from the costs and expenses of and incidental to such sale or transfer shall be applied in or towards payment or satisfaction of the amount(s) due to you in respect of any payment or disbursement made by you under the Credit for My/our account, and interests thereon and all costs, charges and expenses as hereinabove mentioned. I/We agree to accept Banks account of sale or realisation as conclusive evidence both in and out of court as to the amounts realised and expenses incurred, and to pay forthwith any shortfall or deficiency remaining after such application. I/We further agree that you shall not be liable to me/us for any loss which may occur pending sale or disposal of the goods and/or documents of title to goods, whether by reason of theft, damages, deterioration or decay of the goods or depreciation in the value thereof or otherwise whatsoever be the cause. 8. I/We agree to keep the said goods further insured from the time of expiry of insurance cover under the initial policy or policies of insurance, against all risks which are normally covered for goods of the nature purchased under the Credit as also against such other risk(s) as may be required by you, and in the event of my/our failing to do so, you shall be at liberty so insure the said goods at my/our cost and expense without prejudice to your rights hereunder. Until all your dues in respect of the credit are paid in full, I/We agree to pay you forthwith all moneys if received by me/us under any policy or policies of insurance and until payment to you of such insurance moneys. I/We undertake to hold the same in trust for you. 9. I/We further agree and undertake to sign, execute and deliver to you from time to time on demand made by you, such further or other deeds, documents and writings and do all such acts, matters and things as may be required by you for better perfecting your title to the said goods and the documents covered under the Credit 494 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 and/or to render the same readily saleable or transferable by you to any purchaser(s) at all times. 10. It is understood that the transmission of all instructions and communications under the above Credit and the shipping of documents and goods thereunder is entirely at my/our risk. You and your correspondents or agents shall not be responsible for any error or delay in such transmission or loss or delay in delivery of the documents or the goods nor shall you or your correspondents or agents be liable in any respect beyond ensuring that the bill(s) drawn under the Credit and relative documents covered thereunder purport to comply with the terms and conditions of the Credit. 11. I/We have made adequate arrangement for retiring the bills under the Credits and do not contemplate to seek any financial assistance from you for the purpose. 12. I/We agree to the negotiation of the drafts drawn under the Credit being confined to your branches or agencies or to any bank acceptable to you. 13. I/We confirm that the goods described above are covered under my/our below mentioned Import Licence. 14. I/We enclose for your perusal : i) Order together with the order confirmation of overseas supplier or ii) Proforma Invoice of overseas supplier duly countersigned by us or iii) Indent/Offer from overseas supplier or his authorised agent together with the exchange control copy of the relative import licence. I/We undertake to submit to you the exchange control copy of the relative Customs Bill of Entry after clearance of the said goods. 15. This application shall be deemed to have been accepted and the Credit deemed to have been established when written advise there has been sent to the beneficiary. 16. I/We agree and confirm that this Credit may be amended and/or modified by you in your absolute discretion, including for an increased limit, on our giving you written instructions for the same and in such an event, such amendment/modification will be deemed to form part of this Credit application and will be governed by the terms hereof and I/We agree, covenant, record and confirm that I/We shall be bound by the same as if such amendment/Modification including the increased limit had originally constituted the term of this Credit. 17. This Agreement shall be binding upon me/us, my/our heirs, executors and 495 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 administrators/successors and shall enure to the been of and be enforceable by you, your successors, transferees and assigns. EXPORT AS OTHERWISE EXPRESSLY STATED TO THIS CREDIT IS TO OPENED SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1983 REVISION) AS CONTAINED IN THE INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 400 AS AMENDED FROM TIME TO TIME. License No. Dated for Rs. valid upto : Date Yours faithfully, Signature 496 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 FR-126 PACKING CREDIT FORM UCO BANK ..................................... Branch Dear Sirs, This is to put on record that you have, at my/our request agreed at your discretion to advance me/us sums upto the limit of Rs. ......................... and in consideration thereof we hereby undertake and agree as follows : 1. That I/we shall utilise the above advances in the purchase of goods specified in schedule below and for no other purpose. 2. That the said goods will either be shipped by me/us to foreign buyers under approved letter of Credit or subject to banks consent in writing without letters of credit or be sold in India. Until the goods are shipped or sold and delivered as aforesaid, I/We shall store them at such places and in such manner as you may from time to time approve. 3. In the case of goods intended to be shipped abroad. a) I/We shall as soon as they are shipped hand over to you duly endorsed and/or negotiated in your favour drafts, bills of landing, invoices and other documents required for negotiation of foreign bills and/or those called for under letters of Credit if any in respect of the said goods to be held by you as security for your advances with full power and authority to you to realise either yourselves or through your agent the proceeds thereof and to appropriate the same towards the above advances or any other sum or sums that may for the time being remain due by me/us to the Bank on any account whatsoever. b) Until I/We make over to you the Bills of Lading etc. as mentioned in the preceding paragraph. I/We shall hold the moneys and/or the goods purchased therefrom and/or the shipping and other documents in respect thereof on your behalf and as trustees for you and you will have the first lien over the same for your dues and be entitled at any time at your 497 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 discretion to call upon me/us to make over the same to you and to take possession thereof notwithstanding anything to the contrary herein contained. 4. In the case of goods intended to be sold in India, they shall as from the time they are delivered to me/us or the property therein passes to me/us be and remain hypothecated and/or pledged with you until they are redeemed by me/us. 5. The Bank will be entitled at any time at its discretion to call upon me/us to refund the above advances and in default of payment thereof with interest and other charges the Bank will be entitled at its discretion to sell the said securities at such time and in such manner and whether by public auction or by private treaty and with or without any notice to me/us as it may think it. 6. I/We shall keep the goods purchased as aforesaid insured against fire and all riot risk to them to value and to hand over to the Bank on receipt all moneys received from the insurance under the policy effected by me/us such policy being in the meantime held by me/us as trustee for the Bank and to be transferred to the Bank at any time on demand. 7. I/we further declare that I/we shall not create any lien or charge against the said goods or otherwise encumber the same. 8. That the rights, powers and authorities given to the Bank under these presents shall be in addition to all the rights and powers the Bank will have against me/us in respect of the said advances and also in addition to all other rights and powers the Bank will have as the mortgagee and/or pledgee of the above goods. SCHEDULE Yours faithfully 498 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 ztfUbtrK; Ym-14 gqfUtucfU ................................... NtFt r=l tkfU .......................... 20 muJt b .............................................................................. ......................................................................... .................................................................. rg bntu=g/bntu=gdK, ytvfu U}UK/l fU=e}UK/ ytu Jhz[ tx Ft;ufUt, rsmfu UrtY ytv yfu Utugt e/mk ck "e .................................. .................................. fuUmt: mkgw ytihv]:fUv mu=tgen, mk;wtl 30 rm;ch/31 btao, 20 fUtu rfUgt gt yti hWmr=l Rmb rm;ch/btao , 20 ;fUfu Ugts mbu ; h0 ................................................... (hvgu .............................................................................................................. btt) fUt l tbu/sbt NuM :t> Wmr=l ytvfuUFt;ubcfUfuUvtmrl l rtrF; r;Cqr;gtk:e> f]Uvgt W; NuMytihr;Cqr;gtfUemg;t fUevwr fuUbtKJv RmVUtbofUtumgfUv mun;tGrh; fUh ttixt => CJ=eg, r;Cqr;gtfUt rJJhK ck"fU b/nb RmfuUtht Wvgw; r;Cqr;gtfUemg;t fUevwr fUh;t nwi/fUh;uni ;:t gn yJefUthfUh;t nq/fUhu; ni rfUWvgwo; h0 ....................................... buhu/nbthutht =ug n bwSu/nb=ug n xtv r=l tkfU .......................... 20 ............. n;tGh ltux&1. W; NuMfUtumgfUv mubtrK; fUhRmvqhuVUtbofUtuJtvmfUhr=gt stY>RmfUe=qmher; ytv yvl e VUtRt fuUrtY hF mfU;un> 2. gr=YfUbtn fuUCe;hnbytvfUt Wthtt l nntu;t ni, ;tugn btl rtgt stYdt rfUytvl uRmrJJhK fUemg;t fUevwr fUh=en> "tl fUtgtotg& 10, rJ. ti. b. mhKe (c{uctul ohtuz) fUtfUttt-700 001 499 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 UNDER CERTIFICATE OF POSTING S-14 UCO BANK ............................... BRANCH Date.....................20 To ........................................................................ ...................................................................... ............................................................... Dear Sir/s Your Loan/Cash Credit/Overdraft account on which you are liable singly/jointly and severally with Mr./Messrs...................................................................... was balanced on 30th September / 31st March, 20....... and i t showed a debi t/credi t Bal ance of Rs. .................................. (Rupees................................................................. only) on that day inclusive of interest upto............... September/March, 19................ The securities listed at foot were held by the bank on your account on that day. Please confirm correctness of the balance and the security by returning this form duly signed. Yours faithfully. Manager Details of Securities I/We do hereby confirm the correctness of the securities mentioned above and acknowledge that the sum of Rs. ................................................. is due by me us to me us / / as stated. Stamp Dated...................... 20 ..... Signature Note :1. This form should be returned infact with the balance duly certified. The duplicate may be retained for your file. 2. If no reply is received in a months time the statement shall be treated as if it has been confirmed by you as correct. Head Office 10, B.T.M. Sarani (Brabourne Road) Kolkata 700 001 500 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 JAL-70 (Revised) UCO BANK 10, B.T.M. SARANI, KOLKATA - 700 001 Kolkata Main Branch Dear Sirs, In consideration of you agreeing at our request to advance from time to time during the season Subject as hereinafter mentioned, such sums of money within a limit of Rs. (Rupee ) in the aggregate as may be necessary for the cultivation, manufacture and despatch of Tea at opr from our Tea Garden known as Tea Estate, situated at District We having our registered office at HEREBY HYPOTHECATE to you by way of first charge the whole of the crop or crops of tea and other produce now growing and all the tea manufactured or in process of manufacture (including green tea leaves after plucking, tea nurseries, tea waste and tea seeds) and which shall from time to time hereafter during the continuance of this security be growing in or upon the said garden as well as all the stocks of tea manufactured or in process of manufacture (including green tea leaves after plucking, tea nurseries, tea waste and tea seeds) of the said garden (hereinafter collectively referred to as The said Tea)whether stored in or about the said garden or our factory or wherever else the same may be (including any stock in transit) both present and future from year to year together with all permits, permissions and licences, export quota rights, export licences special export licenses over the said (hereinafter referred to as the said quota Rights) from time to time granted by any Authority and held by us together with the sale proceeds of the said Tea and the said quota Rights respectively. AND ALSO hypothecate to you by way of floating charge the plant, machinery, implements, applicances tools, stocks stores, furniture, fixtures and all other property and assests for the time being both present and future including book debts etc. of the said Tea Estate and the business appertaining to the said Tea Estate and the goodwill thereof as security for such advances aforesaid and any other advances you may make to us together with interest thereon at the rate below mentioned, and charges, commission and expenses of realisation or otherwise and also for all our 501 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 other preseent and future indebtendness and liabilities (if any) to you of any kind we undertake as follows : 1. That the said Tea and said Quota Rights and the sale proceeds thereof respectively shall stand hypothecated and charged by way of first charge and the said plant, machinery, implements, tools, stocks stores, furniture and all other property and assets belonging to us and including book debts shall also stand hypothecated and charged by way of floating charge with the repayment to you first of all such advances, interest, charges, commission, expenses was aforesaid and secondly of all other indebtness and liabilities, if any, as aforesaid and all the said sale proceeds shall be applied by us accordingly and on receipt shall forthwith be paid to you for that purpose and in the event of such sale proceeds being insufficient for such repayment we will pay to you a sum equal to such insufficiency on the same becoming payable hereunder. 2. That all moneys received by us from you shall be applied solely for the purpose of clutivation and manufacture of Tea at the said Tea Garden during the said season and not in repayment of any existing debts or for new extension of land or building or for any purpose not directly connected with such cultivation and manufacture as aforesaid. 3. That our account with you in respect of all such advances, charges, costs, commissioin and expenses as aforesaid (and although the relation of financier and customer may have ceased) shall be made up with interest at ........... percent per annum quarterly rests and the amount of such account with interest as aforesaid for the time being paybale to you shall be held and treated as principal amount and repaid on demand in writing at any time. Provided however that the above rate of interest and the manner of charging it may be revised or increased by you either in your sole discretion of which notice shall be given to us or in accordance with the directives of Reserve Bank of India issued from time to time and we hereby agree to such revision and increase in the rate of interest and this Agreement shall be construed as if such revised of increased rate of interest were mentioned herein and agreed to be paid by us and are hereby secured. 4. That we will keep the said Tea and also the growing Tea on the said Tea Garden and the said plant, machinery, implements, appliances tools, stocks, stores and all other property hereby hypothecated insured against such risks and for such amount and in such a form as you may require from the date hereof to sale as shipment and will hold the policies of insurance in trust for you on the understanding that they will be duly assigned and handed to you whenever required by you and that we will on receipt of any moneys thereunder pay the same to you to be credited to the said account. 5. That we will duly pay all rents taxes and or outgoing in respect of the said garden and all coolie and other wages and expenses in connection with the said cultivation 502 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 manufacture and despatch of tea as the same become due and if required produce all receipts for such payments to you. 6. That unless instructed by you to the contrary we are at liberty (subject to the provisions of this security) to sell in the ordinary course of business all or any of the said Tea provided always that upon every sale thereof in India we will forthwith pay or cause to be paid to you the net proceeds of sale to be credited to the said account and that upon every shipment of the said Tea (whether for sale out of India or for delivery after sale in India where at the time of shipment we shall not have paid the sale price thereof to you) will pay to you the invoice value of the Tea shipped to be credited to the said account, such payment to be made either in cash or from the proceeds of our drafts for the invoice value to be negotiated by you and secured by all the relative shipping documents duly endorsed in your favour including Bills of Lading and Insurance Policies and that except as aforesaid we will not sell encumber or part with the said Tea except in accordance with your written instructions. 7. That in the event of the said Tea being shipped out of India we will insure the same to the full value thereof in an office and in manner approved by you and endorse and deliver the insurance policies to you. 8. That unless instructed by you to the contrary we are at liberty (subject to the provisions of the security) to sell in the ordinary course of business all or any part of the said Quota Rights to which we are or may hereafter be entitled in respect of the said Estate Tea Garden for the said Tea provided that upon every sale thereof we will forthwith pay or cause to be paid to you the net proceeds of sale to be credited to the Account and expect as aforesaid we will not sell encumber or part with the said Quota Rights or any part thereof except in accordance with your written instructions as provided always that if you shall become entitled to seize and sell the said Tea and / or the said quota Rights or any part thereof respectively at any time under the provisions of Clause 9 hereof we will forthwith at your request execute and do all such deeds and things as shall be necessary to transfer to and vest in you or your nominee the said Quota Rights or the balance thereof respectively than outstanding and all the respective rights appertaining thereto the benefits and sale proceeds whereof you shall be entitled to use and apply towards satisfaction of any moneys for the time being owing to you by us. 9. That you and your Agent or any receiver appointed by you shall be permitted from time to time to enter upon the said Tea Garden and seize, take possession or remove sell and transfer in your absolute discretion and on such terms (either with or without a reserve price) and in such manner as you may think fit all or any part of the said Tea and in like manner to sell and cause to be transferred the said Quota Rights or any part or parts thereof and in like manner to take possession on remove, sell and transfer in your 503 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 absolute discretion and on such terms and in such manner as you may think fit all or any of plant, machinery, implements, tools, stocks, stores, articles and other assets hereby hypothecated without being liable for any loss or damage sustained thereby and also to demand, receive, seize and recover the net proceeds of the sale of the said Tea and of the said Quota Rights in the hands of any person and to apply the net proceeds of the sale towards payment of the amount for the time being owing on the said account and all costs charges and expenses incurred by you in taking possession of keeping insuring, shipping, selling or attempting to sell the said Tea and / or the Quota Right in any of the events following, that is to say a) If we shall make any default in payment of the moneys intended to be hereby secured in accordance with the terms hereby or in the performance of any undertaking contained in this security and on our part to be observed performed. b) If we shall become insolvent (or being a company shall go into liquidation voluntarily) or otherwise or if any attachment execution appointment of a Receiver or other process shall be levied against or made over the said Tea or the said Quota Rights or the Tea Garden or any part there of respectively or any other of our assets for rent of other outgoings in connection with the provisions in which said Tea or any part thereof is or may be or under or on account of any order or decree obtained against us. c) If we shall remove or suffer the said Tea or any part thereof to be removed from the said Tea Garden or elsewhere except fo the purpose of sale in due course of business or without making Provisions to your satisfaction for the payment of all the moneys intended to be secured thereby. d) If in your opinion the security hereby created is in jeopardy. Upon the happening of any of these events you shall be entitled to appoint a Receiver (and from time to time vary such appointment) of the said Tea and said Quota Rights and / or the sale proceeds thereof respectively and such Receiver shall be deemed to be our Agent. 10. That you shall be under no liabliity to continue to make advances to us hereunder if any moneys hereby secured shall have become payable under any of the provisions hereof or if you have made or become entitled to make any entry or seizure or sale referred to in Clause 9 hereof or if any of our obligations hereunder have been broken. Provided however you will not be under any obligation to make advances to us hereunder otherwise than at your absolute discretion and to the extent and manner though 504 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 fit by you and that it may be reduced or discontined at any time by you for any reason whatsoever without any reference or notice to us or the same may be increased at our request upon terms and conditions as you think proper and you shall be entitled at any time to terminate the agreement to finance us and to close our account and to demand payment of all moneys owing to you but without prejudice to your right from time to time after demand to make further advances to us or on our behalf for the purpose of maintaining the said garden and the tea crops thereof and of supplementing and enforcing the security hereby given such further advances being secured by the hypothecation hereby intended to be created and such further advances shall not release any such demand as aforesaid not the right of the Bank to enforce the same by suit or otherwise. 11. That the security hereby created shall be a continuing security unaffected by any fluctuations of account or the said account at any time coming to credit or the repayment of any particular account or any partial payments or fluctuations of accounts until either you or us shall have terminated the agreement and we shall have satisfied and discharged all our indebtendness and liabilities to you including all further advances made by you for the purpose of maintaining the said garden and the said Tea and of supplementing and enforcing the security as referred to in clause 10 hereof. 12. That you shall have a lien on all the said Tea and on the said Quota Rights and the said plants, machinery implements, appliances, tools stocks, stores, furniture fixtures and all other property and assets hereby hypothecated of which you shall take possession or seize and on the sale proceeds thereof respectively in your hands for all moneys for the time being owing by us to you on any other account and whether owing severally or jointly with any other person or corporation. 13. We undertake to pay to you all moneys due and payable hereunder by the 31st Day of March Two Thousand or earlier on demand. 14. We undertake to make all payments at your branch or at your option at your office at 10, Brabourne Road, in the town of Calcutta. 15. (a) That we will carry on the business of the tea garden properly, efficiently and will from time to time furnish and verify all statements, reports, accounts, documents and information in such manner may be required by you and will arrange with our Brokers from time to time to furnish you to such statements, reports etc. in such manner as may be required by you and will also execute all documents and do all acts and things which you may require to give effect hereto and we authorise you and each of your Agent and Nominesse as Attorney for and in our name to do whatever you may be required to do hereunder. In particular we shall furnish to you forthwith 505 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 or demand made by you with the following information, reports, accounts returns and documents :- i) Such periodical reports as you may ask for showing the state and condition of the growing tea bushes planted on the said garden and the benefits derived by us therefrom. ii) Such returns and reports relating to our business, accounts, working etc. as may from time to time be called for by you. iii) Quarterly reports setting out the progress of planting replanting and replacement of tea bushes for extension of tea cultivation in the said Garden and improvements in operation accruing therefrom with such details as you require. iv) Copies of our balance sheets and profit and loss account as and when they are circulated to our shareholders or as and when they are signed by our Auditors. b) We will afford full facilites to your representatives to enter upon and inspect the state and condition of the said Garden from time to time. You may charge us with all expenses of such inspection and you shall be entitled to give such directions and instructions to us as you shall think fit whether as a result of any such inspection or otherwise and we shall forthwith comply with such directions and instructions. 16. We further take that we shall not remove the said plant, machinery implements, tools, stocks, stores etc. from the Tea Estate without your previous consent in writing and shall repair and replace the same or any part thereof as and when damaged or destroyed. 17. That nothing herein shall operate to prejudice your rights or remedies in respect of any of our present or future security, guarantee obligation or decree or for any of our indebtendness or liability. 18. We hereby declare that there was no encumbrances at present subsisting on all or any part of Tea of the said Garden manufactured and to be manufactured therefrom or of the said Quota Rights other than the security hereby given. We hereby also declare that there are no encumbrances at present subsisting on all or any part of the said plants, machinery, tools implements, stocks, stores etc. hereby hypothecated by way of floating charge. We will nor so long as any money remaining due from us to you create or permit to be created any such encumbrances thereon or on the crops and rights during the next subsequent season without your written consent. 506 UCO BANK DOCUMENTATION MANUAL CHAPTER-10 19. That if we fail for seven days to repay to you all moneys hereby secured after the same shall have become payable hereunder we will at your request but at our cost execute and register a full and complete mortgage to you in English form as approved by you of the whole of the Block and Crop and produce and other assets present and future and said Tea Garden for further securing all moneys payable to you with interest at .......... percent per annum. 20. We hereby appoint you and all and any of your principal officers jointly and severally to be the attorney or attorneys of us to give any notice or to do any act or thing in your opinion requisite for the maintenance and enforcement of the security intended to be hereby created. 21. Any notice by way of request, demand or otherwise hereunder may be given by you to us personally or may be left at our the then at last known place of business or residence int he Dominion of India addressed to us at such address or may be sent by post to us as aforesaid and if sent by post it shall be deemed to have been given at the time when it would be delivered in due course of post and in proving such notice when given by post it shall be sufficient to prove that the envelope containing the notice was posted and a Certificate signed by you local Agent that the envelope was so posted shall be conclusive. If by reason of absence from the Dominion of India or otherwise we or any of us cannot be given any such notice the same inserted once as an advertisement in a newspaper circulating in the District where the last known addressee is situated by deemed to have been effectually given and received on the day on which such advertisement appears. Date this......................day of......................Two thousand...................... For & on behalf of Directors Secretary by