agri-hypothecation-deed

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HYPOTHECATION DEED

This Hypothecation Deed (“Deed”) executed at the place and on the day, month and year set out in Schedule hereof by and
BETWEEN
(i) The Borrower named in Schedule which expression shall include his / her legal heirs, executors, administrators and assigns
of the One Part
AND
(ii) RBL Bank Limited, a banking company within the meaning of Section 5 (c) of the Banking Regulation Act, 1949; constituted
under the provisions of Indian Companies Act, 1913 and having its registered office at 1st Lane, Shahupuri Vyapari Peth,
Kolhapur – 416 001 and Corporate Office at One World Centre, Tower 2B, 6th Floor, 841, Senapati Bapat Marg, Lower
Parel, Mumbai – 400013, and amongst others, a branch/office at the place specified in Schedule hereof (“Bank”) of the
Other Part.
WHEREAS
a. The Borrower has submitted to the Bank an Application Form requesting the Bank to grant facility on such terms and
conditions as it may deem fit.
b. The Bank having considered the Borrower’s request has agreed to grant the facility/facilities repayable on terms and
conditions contained in the Sanction Letter more particularly described in Schedule, with interest, charges, outstanding
amounts and any other monies payable by Borrower (“Facility”).
c. The Borrower has agreed to avail of the facility on the terms and condition stipulated by the Bank and pursuant thereto
has agreed to hypothecate the Assets described in Schedule II as Security.
NOW THEREFORE THESE PRESENTS WITNESSETH THAT
1. The Borrower hereby agrees and undertakes as under:
(i) All Assets described as Security in the Schedule are hereby hypothecated as a charge to secure the repayment of
the Facility.
(ii) To keep the Assets in good and marketable condition and insured for the market value at all times for all risks with
the Bank endorsed as “Loss Payee”. Any claim received on the insurance policies will be utilised to repay the Facility.
(iii) To display the name of the Bank on the Assets as the entity in whose favour the Assets are charged.
(iv) On demand, notwithstanding any legal proceeding to give immediate possession of the Assets together with all
records / documents pertaining to the Assets to the Bank’s authorised personnel and to accept Bank’s account of
sale and realisations as sufficient proof of amounts realised upon sale of the Assets.
(v) Not to hold the Bank responsible for any loss, damage or depreciation in the value of the Assets while under the
possession / control of the Bank and /or its nominees.
(vi) Security created shall be in full force and effect till all monies due under the Facility are repaid and shall not be
affected or discharged by death, insolvency or winding up of the Borrower.
(vii) Upon demand by the Bank to furnish full particulars of the Assets where stored or located and to keep them free
from any charge or encumbrance other than in favour of the Bank.
(viii) Not to compound or release any of the book-debts due to the Borrower without the consent of the Bank.
(ix) To indemnify the Bank from and against all suits/proceedings, costs, charges, claims and demands by any third
party against the Bank for any lawful acts done by the Bank pursuant to this agreement
(x) To execute such further documents and deeds as may be required by the Bank to perfect, protect and /or enforce
the Security.
(xi) The Borrower/s shall, for so long as any portion of the Borrower/s’ Dues is outstanding/payable to the Bank, fully
insure, and keep the Asset(s) so insured, at its own costs. Where required by the Bank, the Asset(s) shall be insured
in the joint names of the Borrower/s and RBL Bank, with the name of the Bank recorded as ‘the Loss Payee’ in such
insurance policy/ies.
(xii) In the event of any failure by the Borrower/s to obtain such insurance policies and/or to furnish proof of the same to
the Bank, the Bank may (but shall not be bound to) insure the Asset(s) at the Borrower/s’ cost. If the Bank pays the
insurance premium, or any other monies, for/towards the insurance of the Asset(s), the Borrower/s shall reimburse
all such sums paid by the Bank.
(xiii) In the event of any loss or damage to the Asset(s) due to any accident, the first claim on any insurance proceeds shall
be that of the Bank, which proceeds shall be applied by the Bank towards the Borrower/s’ Dues towards charges and
costs, interest and then principal in that order.
(xiv) In the event of there being any surplus of the net proceeds on sale of Asset(s) after payment in full of the balance
due to the Bank, it shall be lawful for the Bank to retain and apply such proceeds together with any money or monies
belonging to the Borrower for the time being in the hands of the Bank under whatever account towards liquidation
of any monies that shall be or may become due from the Borrower or any of its group companies/associates/
guarantors/directors/promoters to the Bank or the Banks group companies. Similarly, the Borrower is solely liable
to pay the shortfall amount in the event of loss after sale of Asset(s).
2. The Borrower hereby authorizes
(i) The Bank and /or its officials without notice to the Borrower and at the Borrower’s risk and expenses to enter into
any place where the hypothecated Assets are stored and to inspect, value or take possession of the Assets.
(ii) Upon a default by the Borrower in repayment of the loan as agreed upon or in the event the charge on the Assets
becomes unenforceable for any reasons whatsoever the Bank and/or its officials at the risk and expense of the
Borrower may
(a) enter upon any premises of the Borrower and /or any other person to seize, recover, collect, withdraw, receive
the Assets without interruption or hindrance by the Borrower and /or any other person
(b) to remove and/or sell by public auction or by private contract, despatch or consign for realisation or otherwise
dispose of or deal with all or any part of the Assets and enforce, realise, settle, compromise and deal with any
rights or claims relating there to

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(c) to sell, assign or otherwise liquidate any or all of the Assets and to claim the proceeds of such sale or liquidation
and to retain all amounts received or receivable in respect of the Assets and use them in whole or part towards
repayment of all amounts due in respect of the Facility.
(d) direct the Borrower and /or other concerned person at their expense to deliver to the Bank the Assets on the
appointed date and time indicated by the Bank and to provide guards and maintenance services to protect the
same.
(e) To appoint a Receiver at the risk and expense of the Borrower to take the possession of the Assets and to sell
the same
(f) Act as the Borrower’s attorney and at the Borrower’s expenses / risk to recover any receivables present or
future due to the Borrower from any person or entity and to appropriate the same towards repayment of the
Facility.
(iii) The Bank and /or its group companies may provide information on various products marketed through any mode
including through post, courier, telephone calls, SMS, email etc.
3. The Borrower and the Bank agree that
(i) If any provision is unenforceable or prohibited it shall not invalidate the remaining provisions and this agreement will
be construed as if the unenforceable / prohibited provisions did not exist.
(ii) The Bank is entitled to stipulate such further terms and conditions as it may deem fit at any time including after
grant of the Facility which shall be binding on the Borrower.
(iii) This Deed shall be read in conjunction with the Sanction Letter and accordingly all provisions, including in relation to
applicable law and jurisdiction shall be applicable herein.

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SCHEDULE-I
[This Schedule shall form integral part of Hypothecation Deed executed by the Borrower]

A. DESCRIPTION OF BORROWER:
Name S/o D/o W/o Address / Email / PAN Age/
Mobile no. Number Constitution

B. DESCRIPTION OF CO-BORROWER(S)/GUARANTOR(S):
Name S/o D/o W/o Address / Email / PAN Age/
Mobile no. Number Constitution

C. FACILITY DETAILS

1. Date of Facility Agreement

2. Sanction No. and Date No. _____________________________________ Date: _________________________________

3. Place of Execution of DOH Branch : _________________________________________________________________________


Date of Execution of DOH
Place : __________________________________ Date : ________________________________

4. Legal constitution of the Borrower Individual HUF Partnership Limited Liability Partnership
Company Other __________________________________ (Please specify)

5. Details of Facility
Details Facility 1 Facility 2 Facility 3 Facility 4 Facility 5
Type of Facility Cash Credit/ Cash Credit/ Cash Credit/ Term Loan- 1 Term Loan- 2
Overdraft Overdraft Overdraft
Amount
Purpose

6. Details of Security

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SCHEDULE-II
(Description of Asset)
1. “Crops” mean the whole of the Borrower’s crop now standing or hereinafter to be raised on the said lands or cut or stocked
or stored or in the course of transit or delivery and includes any seeds, harvested crops or any sale proceeds thereof together
with any equipment / machinery or other movable properties connected with the growing, harvesting, storing or transporting
of the crops.
2. “Cattle & Animal Husbandry” means the whole of the Borrower’s livestock including all milch/non milch animals and
machinery connected with production of milk and allied activities” means the whole of the Borrower’s livestock including all
milch animals and machinery connected with production of milk
3. “Poultry” includes all the Borrower’s birds reared for farming together with all machinery and equipment connected with the
rearing , storing or transportation of the birds and allied activities..
4. “Machinery and Equipment” means all vehicles, tractors, harvesters, equipment & machines including spares , tools and
accessories, irrigation equipment installed or not whether in the possession or control of the Borrower and stored in or about
the Borrower’s premises or held by any other party or in the course of transit.
5. “Receivables” means all amounts owing to, and received and/or receivable by, the Borrower and/or any person on its behalf,
all cash flows and receivables and proceeds arising from / in connection with his activity/agriculture and all rights, title,
interest, benefits, claims and demands whatsoever of the Borrower in, to or in respect of all the aforesaid assets, including
but not limited to the Borrower’s cash-in-hand, both present and future which expression shall, as the context may permit
or require, mean any or each of such Receivables.
6. “Commodity” means such of Borrower’s Crops and other produce cut and stocked by the Borrower and stored with such
corporates/facility agents against which the Facility is being given.
7. “Fisheries” means such of Borrower’s ponds, tanks, open water bodies, raceways, hatcheries, rearing units, boats, nets and
such other fishing gear as the case may in respective of fish farming and fishing related activities and allied activities.

WITNESS DELCARATION IF ANY BORROWER / CO-BORROWER IS PUTTING THUMB IMPRESSION


I/We have understood the terms and condition (including without limitation to the Schedules). The terms and conditions have
been explained to me/us in the language understood by me/us and I/we have understood the contents. I/We shall be bound
by all the said terms and conditions.

Name Borrower / Co-Borrowers:


Signature / Thumb impression

DECLARATION OF THE WITNESS


The contents of this Agreements have been read out, explained and interpreted in the language as desired by the Borrower(s)
and the same is understood by the Borrower(s).
I/We hereby confirm that the contents of this Agreement have read out, explained and interpreted to Mr./Ms.
(“Borrower(s)”) in the language as desired and understood
by the Borrower(s) in my presence.

Place:
Date:

Name & Address of the Witness Signature of the Witness

Note: Witness should not be our Bank Official.

IN WITNESS WHEREOF the Parties have executed this Agreement on the day and the year first hereinabove written.

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SIGNED AND DELIVERED BY Signatures

Individual:
Mr./Ms.
Mr./Ms.
Mr./Ms.
Mr./Ms.
Mr./Ms.
Mr./Ms.

Mr./Ms.
the Borrower within-named
Sole Proprietorship Firm:
Mr./Ms.
Sole Proprietor / Proprietress of M/s. the
Borrower within-named both in their individual capacity and as partners of the firm
Partnership Firm:
Mr./Ms.
Mr./Ms.
Mr./Ms.
All partners of M/s. the
Borrower within-named both in their individual capacity and as partners of the
firm.
Company:
The common Seal of Pvt. Ltd.
the Borrower within named has been affixed hereunto in the presence of:
Mr./Ms.

Mr./Ms.

Directors/ of the Borrower in pursuance of the


Board Resolution dated and they have signed below the Seal
to confirm that the Seal was affixed in their presence.
Limited Liability Partnership:
Mr./Ms.
Mr./Ms.
Mr./Ms.
All partners of M/s.
the Borrower within-named both in their individual capacity and as partners of
the firm.
Association of Persons:
Mr./Ms.
Mr./Ms.
All members of the AOP namely
the Borrower within-named

SIGNED AND DELIVERED BY


RBL BANK LIMITED
Shri / Smt ______________________________________________ Shri / Smt _______________________________________________

(Authorized Signatories)

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