Letter - Agreement to Hypothecate Goods to Secure Fixed Loan

AGREEMENT TO HYPOTHECATE GOODS TO SECURE FIXED LOAN

The Manager,

____________ Bank,

____________

____________

Sir,

In consideration of your Bank advancing to me/us on loan the sum of Rs. ____________, I/We hereby agree to hypothecate and hold under lien to the Bank, as security for the repayment as per the Schedule hereto of the principal amount of the loan, and payment of interest on demand at the rate of ______% per annum, subject to a maximum of ______% per annum above the Bank Rate.

The goods so to be held by me/us under lien to the Bank, I/We declare to be my/our absolute property, and to be stored in my/our godowns at ____________.

I/We hereby agree to furnish you, at the close of business on the last day of each English calendar month, so long as any money remains due in respect of the said loan, with a full and correct statement of particulars of all goods so held under lien to the Bank, with the market value thereof respectively on that day. All goods from time to time held by me/us under lien to the Bank in terms of this agreement shall be kept separate and apart from all other goods in my/our possession; and no moneys shall be borrowed by me/us from any company, firm or person on the security of such goods stored in the same godown, in a way that such other goods may be mixed with the goods held under lien to the Bank; nor shall I/We do any other act by means of which the Bank's lien on the goods so held shall be in any way impaired or affected. It is understood that I/We are at liberty, from time to time in the ordinary course of business, to sell all or any of the goods from time to time held under lien to the Bank under this agreement, provided that no such sale shall reduce the value of the goods held under lien below the amount of my/our said debt to the Bank plus the margin of ______ per cent.

In case of any sale of goods held under lien to the Bank reducing the value of the goods held under this lien to less than the amount of my/our said debt to the Bank plus such margin, the proceeds of such sale, as soon as the same are received, shall be paid into the Bank in part satisfaction of the said loan, and shall in the meantime be held as specifically appropriated to payment of the amount due by me/us on the security.

I/We empower you, or any one from time to time authorised by you on behalf of the Bank, to enter the godowns in which the goods held under lien to the Bank under this agreement shall be from time to time stored, for the purpose of inspecting and taking an account of the said goods. I/We further empower you, or anyone authorised by you as aforesaid, so long as any money advanced by the Bank under this agreement remains unpaid, to take possession of any goods from time to time held by me/us under lien to the Bank under this agreement, and/or any promissory notes or bazaar chits held by me/us in respect of any of the goods which may have been sold, in such manner as you may think fit; and on so taking possession, to exercise on behalf of the Bank all the rights of a pawnee under the Indian Contract Act, 1872; and, failing payment of the amount under this loan on ____________, to sell and realise the said goods and promissory notes or bazaar chits. No notice to me/us of such sale shall be necessary, and I/We hereby agree to waive any such notice. I/We agree to accept the Bank's account of such sale, signed by the Manager, Accountant or other duly authorised officer of the Bank, as sufficient proof of the correctness of the amount realised by the Bank and the charges and expenses incurred in connection with such realisation; and I/We hereby further agree to sign all documents, furnish all information, and do all acts and things necessary for the purpose of enabling the Bank to sell any goods or realise any promissory notes or bazaar chits of which you shall so take possession.

I/We undertake to keep all goods held under lien to the Bank under this agreement insured against fire to their full value, and to produce and deposit the policies with the Bank at any time on demand, and to hold all moneys which may become payable under any such policies in trust for the Bank so long as any money shall remain due in respect of my/our said loan. It shall be optional for, but not obligatory on, the Bank to insure the said goods in the Bank's name, or to appropriate floating policies for the time being effected by the Bank towards insurance of the said goods, and in either case to debit the said loan with the relative premiums.

It is understood that the Bank's lien on the goods so held under this agreement shall extend to any other sum or sums of money for which I/We, or any one of us, either separately or jointly with any other person or persons, may be or become indebted or liable to the Bank on any account.

Schedule of securities referred to in the agreement: ____________

Schedule of instalments for the repayment of the loan amount: ____________

Yours faithfully,

For ABC Ltd.

(____________________)

Managing Director

____________