**LOAN AND FINANCE AGREEMENT - MORTGAGE DEED** THIS AGREEMENT is made this __ day of __, 20__, BETWEEN: [PARTY A] a company incorporated under the laws of India, having its registered office at _________________ (hereinafter referred to as the "Lender", which expression shall, unless it be repugnant to the context or meaning thereof, include its successors and assigns) of the ONE PART; AND [PARTY B], an individual residing at _________________ (hereinafter referred to as the "Borrower", which expression shall, unless it be repugnant to the context or meaning thereof, include its heirs, executors, and assigns) of the OTHER PART. WHEREAS: 1. **DEFINITIONS & INTERPRETATIONS:** - Terms defined in the Agreement have the same meaning in this Deed unless otherwise specified. 2. **LOAN AMOUNT:** - The Lender has agreed to lend the Borrower, and the Borrower has agreed to borrow, the sum of _________ (the "Loan"). 3. **MORTGAGE:** - The Borrower shall mortgage the property more fully described in Schedule I attached hereto (the "Mortgaged Property") as security for the repayment of the Loan. 4. **INTEREST:** - The Borrower shall pay to the Lender interest on the Loan at the rate of __% per annum. 5. **TERM:** - The term of the Loan shall be __ years from the date of this Agreement, unless earlier terminated as provided herein. 6. **REPAYMENT:** - The Borrower shall repay the Loan in equal monthly installments of principal and interest over the term of the Loan. 7. **PREPAYMENT:** - The Borrower may prepay the Loan in whole or in part, subject to payment of any prepayment charges as may be stipulated by the Lender. 8. **EVENTS OF DEFAULT:** - Any default by the Borrower in the payment of any installment of the Loan or interest thereon when due, or any breach by the Borrower of any of the terms and conditions of this Agreement, shall constitute an event of default. 9. **REMEDIES ON DEFAULT:** - Upon occurrence of an event of default, the Lender may declare the entire outstanding balance of the Loan and all accrued and unpaid interest thereon immediately due and payable, and may enforce the mortgage and realize the Mortgaged Property in accordance with the provisions of the Transfer of Property Act, 1882. 10. **INSURANCE:** - The Borrower shall insure the Mortgaged Property against all risks as may be required by the Lender. 11. **MAINTENANCE OF PROPERTY:** - The Borrower shall maintain the Mortgaged Property in good repair and condition. 12. **REPRESENTATIONS AND WARRANTIES:** - The Borrower represents and warrants to the Lender that the Borrower has good and marketable title to the Mortgaged Property, free and clear of all encumbrances. 13. **COVENANTS:** - The Borrower covenants with the Lender that the Borrower will not create any further encumbrance on the Mortgaged Property without the prior written consent of the Lender. 14. **NOTICES:** - All notices and other communications under this Agreement shall be in writing and shall be deemed given when delivered personally or sent by registered mail or email to the addresses specified in this Agreement. 15. **GOVERNING LAW AND JURISDICTION:** - This Agreement shall be governed by and construed in accordance with the laws of India and the parties submit to the exclusive jurisdiction of the courts in [City, State]. 16. **AMENDMENTS:** - No amendment of this Agreement shall be effective unless it is in writing and signed by both parties. 17. **WAIVER:** - No waiver by any party of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision. 18. **SEVERABILITY:** - If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. 19. **BINDING EFFECT:** - This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 20. **COUNTERPARTS:** - This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. ____________________ ____________________ (PARTY A - Lender) (PARTY B - Borrower) Witness: 1. ____________________ 2. ____________________ **SCHEDULE I** [Description of the Mortgaged Property] Note: This template is provided for informational purposes only and should not be considered legal advice. It is always recommended to get legal advice from a professional before creating a legal document such as a Loan and Finance Agreement - Mortgage Deed.