2 Lissan Lane, Tempo. The Vendor s Solicitor would draw prospective purchaser s attention to special condition 24 which reads,

Transcription

1 2 Lissan Lane, Tempo The Vendor s Solicitor would draw prospective purchaser s attention to special condition 24 which reads, The buyer agrees to purchase the property in the full and actual knowledge that there is no expressed right of way to the property. The buyer agrees that the vendor will not be rectifying this title issue and no further queries or requisitions will be made in this regard.

2 THIS IS A FORMAL DOCUMENT, DESIGNED TO CREATE LEGAL RIGHTS AND LEGAL OBLIGATIONS. TAKE ADVICE BEFORE USING IT. Property in Sale MEMORANDUM OF SALE The premises (hereinafter called the property ) situate at 2 Lissan Lane, Tempo, Enniskillen, County Fermanagh, BT74 4FQ being the lands comprised in Folios FE82660 and FE84651, both County Fermanagh. The title to the property shall commence with and consist of the Land Certificate relating to Folios FE82660 and FE84651, both County Fermanagh. The property is sold subject (a) to the burdens mentioned above to which the Purchaser will raise no objection or requisition; (b) to the within Conditions. Capacity in which the Vendor sells:. Mortgagee in Possession Advance Date expected Institution THE VENDOR AGREES TO SELL AND THE PURCHASER TO BUY THE PROPERTY IN SALE AT THE AGREED PRICE: Agreed Price (for the property) this price is exclusive of VAT PRICE DEPOSIT Price for furnishings, fittings or chattels BALANCE PURCHASE MONEY DATE FOR COMPLETION 14 days after formation of this contract Vendor Name The Mortgage Business Plc Address Bridge House, Queens Park Road, Chester, CH4 7AD Purchaser Name Address Signed by the Purchaser Witness Date Signed by the Vendor Witness Date

3 GENERAL CONDITIONS OF SALE APPLICABLE TO THE BANK OF SCOTLAND LOTS (NORTHERN IRELAND) Interpretation (The Common Auction Conditions do not apply) 1. In these Conditions of Sale and the Special Conditions of Sale:- 1.1 The following expressions shall (unless the context requires otherwise) have the meaning hereinafter assigned to them that is to say: the Standard Conditions of Sale means the Law Society of Northern Ireland General Conditions of Sale (Third Edition Second Revision) the Special Conditions means the Special Conditions of Sale hereinafter appearing relating to the Property including any terms and conditions relating to the property referred to in any addendum to these conditions made available for inspection by the Auctioneer (whether or not actually inspected by the Buyer) the Property means the Property described in the Special Conditions the Auctioneer means Mustbesold.com the Seller means the Vendor stipulated in the Memorandum of Sale "the Seller's Solicitors" means the Solicitor described in the Special Conditions of Sale as the Solicitor acting for the Seller "the Buyer's Solicitors" means the Solicitor described in the Special Conditions of Sale as the Solicitor acting for the Buyer Buyer shall include the person who signs the attached form of Memorandum on behalf of a company or firm and who shall be bound by these Conditions and Memorandum in his personal capacity in the event of failure by such company or firm to comply with this agreement 1.2 The Clause headings appearing herein are for convenience of reference only and shall not form part of nor affect construction or interpretation of these Conditions of Sale Conditions of Sale 2. These General Conditions of Sale incorporate the Standard Conditions of Sale so far as they are not varied hereby or inconsistent herewith. The Property is also sold subject to the Special Conditions. Where there is a conflict the Special Conditions shall prevail. 2.1 Standard Condition 20 shall not have effect. 2.2 The Standard Conditions of Sale shall have effect with the following amendments: The Contract rate shall be 10% above the base rate of Barclays Bank plc from time to time Standard Condition 15.5 shall not apply and the means of payment on completion shall be by direct credit to a bank account nominated by the Seller s Solicitors. The Auction 3.1 The sale is subject to a reserve price unless otherwise stated. 3.2 The Seller or the Auctioneer or some other person authorized by the Seller may bid both up to and over the reserve price. 3.3 The Auctioneer may at his absolute discretion refuse any bid and regulate the bidding in any

4 manner the Auctioneer wishes. 3.4 If there is a dispute about a bid the Auctioneer may resolve the dispute or re-start the auction at the last undisputed bid. The Auctioneer s decision in the event of a dispute is final For the avoidance of doubt this contract shall become binding when the Auctioneer knocks down the Property to the Buyer. The Buyer shall be required to pay a deposit and sign a Memorandum of Sale stating his name and address or the name and address of the person or company on whose behalf he is acting save that signature of such Memorandum of Sale or payment of a deposit shall not be a pre-condition of entering into a binding contract If the Buyer refuses to sign the Memorandum of Sale or pay a deposit the Auctioneer reserves the right to re-offer the Property for sale as if it had not been knocked down or at the Auctioneer s option sign the Memorandum of Sale on behalf of the Buyer. 3.6 The Auctioneer reserves the right to sell the Property in separate lots. Deposit 4.1 A deposit of ten per cent of the purchase price shall be paid to the Auctioneer as Agent for the Seller. A minimum deposit of 2000 shall be paid. The Buyer shall in addition pay to the Auctioneer a fee representing the cost that will be incurred by the Auctioneer for the telegraphic transfer of the deposit funds to the Seller's Solicitors. 4.2 In the event that any cheque given as the Deposit shall be dishonoured upon presentation or the Buyer fails to pay the Deposit on the date hereof then without notice the Seller shall if it so chooses have the right to deem the conduct of such Buyer as a repudiation of the agreement between the Buyer and the Seller and the Seller may resell without notice and/or take steps which may be available to it as a consequence of the Buyer s breach but without prejudice to any claims it may have against the Buyer for breach of the agreement between the parties or otherwise. Deducing Title 5.1 Where the Special Conditions state that title is registered at the Land Registry of Northern Ireland title shall be deduced (at the discretion of the Seller) either by the supply of a copy of the Charge Certificate or a certified copy of the registered folio and an uncertified copy of the folio map office copy entries and filed plan and additionally in the case of a leasehold property with a copy of the Lease. 5.2 Where the Special Conditions state the title to be unregistered title shall commence with those documents specified in the Special Conditions. Existing Incumbrances 6.1 Where the Special Conditions state the title to be registered the Property is sold subject to and with the benefit of (as appropriate) such of the entries in the folio number referred to in the Special Conditions as are not capable of being overreached by a sale by the Seller. A copy of the Charge Certificate or a certified copy of the registered folio and an uncertified copy of the folio map having been made available for inspection at the offices of the Seller s Solicitors and at the offices of the Auctioneer the Buyer shall be deemed to purchase with full knowledge of the contents thereof whether he has inspected the same or not and notwithstanding any incomplete or inaccurate statements thereof in the Special Conditions and shall raise no requisition or objection with regard thereto. 6.2 Where the Special Conditions state the title to be unregistered the Property is sold and will be conveyed subject to and with the benefit of (as appropriate) any rights easements exceptions reservations agreements declarations covenants conditions and other matters contained mentioned or referred to in the documents specified in the Special Conditions and of any matters revealed by entries made in the registers maintained by the Registry of Deeds or the Land Registry of Northern Ireland. A copy or memorial of such rights easements exceptions reservations agreements declarations covenants conditions and other matters having been made available for inspection at the offices of the Seller s Solicitors and at the offices of the Auctioneer the Buyer shall be deemed to

5 purchase with full knowledge of the contents thereof whether he has inspected the same or not and notwithstanding any incomplete or inaccurate statement thereof in the Special Conditions and shall raise no requisition or objection with regard thereto. Documents Referred To 7.1 Where any document is referred to in the Special Conditions copies or memorials thereof may be inspected at the office of the Seller s Solicitors and at the office of the Auctioneer (or may be supplied at the discretion of the Seller s Solicitors and on each and every occasion the same are so supplied only on payment of their copying charges) prior to the date of the sale and whether or not the Buyer has inspected the same the Buyer shall be deemed to purchase with full knowledge thereof and shall raise no objection or requisition with regard thereto. 7.2 A copy of the Standard Conditions of Sale having been made available for inspection at the office of the Seller s Solicitors and at the office of the Auctioneer the Buyer shall be deemed to purchase with full knowledge of the contents thereof (whether he has inspected the same or not). Capacity of Seller 8. Subject to the terms of these General Conditions of Sale the Standard Conditions of Sale and the Special Conditions of Sale the Seller is to transfer the Property as beneficial owner. Possession 9. Vacant possession of the Property shall be given to the Buyer on completion except where stated in the Special Conditions. Completion 10.1 The completion date ( the Completion Date ) shall be the date specified in the Auctioneers Memorandum of Sale signed by or on behalf of the Buyer or if none is specified, the Completion Date shall be 21 days from the date hereof or earlier by arrangement between the parties at or before 1.00pm and if completion shall take place after that time completion shall be deemed to have taken place on the next following working day. Completion shall not be deemed to have taken place until the funds are received by the Seller s Solicitors bank If completion would otherwise take place on a Public Holiday under the provisions of this clause completion shall take place on the working day immediately before such Public Holiday The Buyer shall not be entitled to delay completion on the grounds that the Seller s Solicitors do not have in their possession a Transfer or Conveyance or Assignment sealed by the Seller in escrow pending completion. In this event the Buyer shall complete and accept an undertaking from the Seller s Solicitors to provide the sealed Transfer or Conveyance or Assignment to the Buyer s Solicitors within 21 days after completion The Seller shall be entitled to decline to transfer the Property to any person other than the Buyer. Standard Conditions 11.4 shall be varied accordingly On the Completion Date the Buyer shall in addition to the balance of the purchase monies and any other sums due to the Seller together with interest thereon pay any fees disbursed by the Seller in respect of the property certificates and any other searches or documents which have been supplied to the Buyer. Planning Public Rights Statutory Charges etc 11.1 The Property is sold subject to all matters registered or registerable (whether registered or not) in the Statutory Charges Register and the requirements orders notices proposals demands and requests of any Public or Local Authority which affect or relate to the Property whether arising before or after the date hereof and all the financial and other restrictions liabilities and obligations arising therefrom All matters recorded in registers open to public inspection are to be considered within the knowledge of the Buyer.

6 Leasehold Property 12.1 If the Property is subject to the payment of rent, chief rent, ground rent, service charge, insurance premium or any other sums properly payable by the Seller whether under the lease of the Property ( the Lease ) or howsoever arising the Seller shall be responsible for any such sums which relate to a period prior to the Completion Date provided that demands for such sums are received by the Seller prior to the Completion Date BUT IT IS HEREBY AGREED (subject to paragraph 12.2 of this condition) that the Seller shall not be responsible for any sums for which demands are received after the Completion Date whether or not they relate to a period prior to the Completion Date Where interim service charge payments are paid on account under the terms of the Lease and final accounts are made up after the end of an accounting period and it is anticipated that there shall be a deficit or a surplus in the account giving rise to a liability for excess service charge or an entitlement to a credit on the account (as the case may be) then an apportionment shall be made according to the best estimate available as shall be made by or on behalf of the Seller Any apportionment made under paragraphs 12.1 and 12.2 of this condition shall be final and binding upon the parties (and if no apportionment is made it shall be deemed to be an apportionment for the purposes of this condition) and the Buyer shall indemnify the Seller in respect of all proceedings actions claims demands and other liability (whether arising before or after completion) for the sums referred to in this condition and all other obligations whatsoever arising in respect of or in connection with the Property and whether arising under the Lease or otherwise All apportionments are to be made with effect from the Completion Date Any sums paid in advance in respect of future work not commenced by the Completion Date or which are held in a general sinking fund shall be reimbursed to the Seller on completion and any sums to be paid after the Completion Date shall be the responsibility of the Buyer The Buyer of leasehold property shall within ten working days of the date of the sale contract of the Property supply to the Seller s Solicitors such references and details of referees as may be required to enable the Seller to apply for consent to assign where this is necessary The Buyer shall enter into any deed of covenant which may be required by any term of the Lease under which the Property is held to be entered into by any proposed Assignee or Transferee with any party to the Lease or as referred to therein and all costs of whatsoever nature in complying with such requirements shall be the responsibility of the Buyer If consent to assign is not in the possession of the Seller s Solicitors at the Completion Date then completion shall take place within ten working days after the Seller s Solicitors have notified the Buyer s Solicitors in writing that consent to assign is in their possession. If the Licence to Assign has not come into the possession of the Seller s Solicitors within two months of the Completion Date either party shall be entitled to rescind the Agreement by serving notice in writing on the other party or their Solicitors and the Seller shall (where consent to assign is not in the possession of the Seller s Solicitors for any reason other than due to the default of the Seller or the Seller s Solicitors or the party under the Lease entitled to grant consent to assign) be entitled to forfeit and keep the deposit and accrued interest The Buyer hereby acknowledges that the Seller has no power to sign a Stock Transfer Form in respect of any share in a Management Company No express or implied covenant is given by the Seller to the Buyer that there is no subsisting breach of any condition or tenants obligation contained within the Lease and the Transfer to the Buyer shall contain an acknowledgement on behalf of the Buyer to this effect The Buyer is required to execute a Transfer in the form of the draft supplied. Costs upon Service of Notice to Complete 13. In the event that due to the Buyer s failure to complete on the Completion Date the Seller s Solicitors serve a Notice to Complete under Standard Condition 19.2 the Buyer shall pay on completion (in addition to the balance of the purchase monies and any other sums due to the Seller

7 together with interest thereon) the sum of plus VAT towards the Seller s legal costs of and incidental to the preparation and service of the said Notice and recalculation of the amount payable on completion. Discharge of Contract 14. If the Seller shall become free to resell the Property whether by reason of the discharge or rescission of this contract or otherwise the Buyer shall forthwith on demand (if not before) effect the cancellation of any entry against the Property with regard to this contract which may have been made whether under the Conveyancing Act 1881 and/or in the Registers of Title referred to in the Special Conditions of Sale pursuant to the Land Registration (Northern Ireland) Act 1970 (as the case may be) and shall indemnify the Seller against all losses and expenses occasioned by a failure to effect such cancellation. Misrepresentation 15. It is hereby agreed between the parties hereto that this agreement constitutes the entire agreement between the parties hereto for the sale and purchase of the Property and that it may only be varied or modified in writing and that no representation warranty or statement whether written oral or implied hereto made by or on behalf of one party to the other shall be capable of being treated as forming part of this agreement or as an inducement by the Seller to the Buyer to enter into this agreement or as a collateral warranty in relation to the subject matter hereof or the grounds upon which the Buyer shall base any claim against the Seller but such agreement and acknowledgement shall not extend to the written replies of the Seller s Solicitors to any enquiries before contract raised by the Buyer s Solicitors. Sale by Private Treaty 16.1 The Seller reserves the right to withdraw the Property from sale at any time before the auction (whether on the scheduled date hereof or before) or before the same is actually sold in auction The Seller reserves the right to sell any part of the Property by private treaty before the auction The Seller reserves the right to alter or add to the particulars of sale relating to the Property and the Special Conditions at any time prior to the sale. Notices to Prospective Purchasers 17.1 The Buyer shall be deemed to have fully considered and to have full knowledge of and to have accepted the items set out at the front of this catalogue and described notices to prospective purchasers Any buyer must not be: a. an employee of HBOS plc who works for an appointed Asset Manager or is otherwise directly involved in the sale of a repossessed property, nor the relative of such a person, nor b. any other person directly involved in the sale of the property, nor the relative of such a person. For the purposes of the above, "relative" means the person's spouse, immediate family member, or life/business partner; "directly" means either personally involved with, or having the ability to influence the conduct/manner of the transaction 18.3 Delivery of a Memorandum of Sale for the Property signed for or on behalf of the Buyer together with a draft and/or cheque in respect of the deposit for the Property shall constitute a warranty and undertaking by the Buyer and the persons (if any) signing on behalf of the Buyer: That the persons (if any) so signing on behalf of the Buyer have the express authority so to sign and to bind the Buyer That the cheque and/or draft will be paid on first presentation and such payment will be made within not more than five days after presentation

8 That such delivery is unconditional. Fittings and Fixtures 18. The following are expressly excluded from the sale: 18.1 Chattels 18.2 Any fixtures and fittings subject to any lien or hire purchase loan or credit agreement The Seller does not own any chattels that may be at the Property. Any such chattels may be removed before completion, but not by the Buyer. If there are any such chattels in the Property at completion, the Seller does not purport to sell them and does not give any covenants for title in respect of them. The Seller, however, shall not be liable to remove them before completion Any security shuttering fixed to the exterior or interior of the Property is not the property of the Seller and is not included in the sale. VAT 20. Except where stated otherwise in the Special Conditions of Sale Value Added Tax will not be chargeable on the amount of the purchase price. Rights of the Auctioneer 21. The Auctioneer shall be under no financial liability in respect of any matter arising out of the auction or the Particulars of Sale or in the Conditions of Sale. No claims shall be made against the Auctioneer by the Buyer in respect of any loss damage or claims suffered by or made against the Buyer by reason of the Buyer entering into the contract to purchase or acquire any other interest in the Property.

9 GENERAL CONDITIONS OF SALE LAW SOCIETY OF NORTHERN IRELAND (3RD EDITION 2 ND REVISION) IMPORTANT NOTICE:- The contract shall comprise:- Memorandum of Sale and General Conditions of Sale Special Conditions (if any) These General Conditions should not be altered or amended in any way by interlineations, deletions, additions or otherwise. Any alterations or additions which may be necessary should be made the subject of Special Conditions inserted in the Special Conditions. DEFINITIONS AND NOTICES 1.1 These Conditions may be cited as the Law Society of Northern Ireland's Conditions of Sale (3rd Edition 2 nd Revision) and references to "the contract" shall mean any contract incorporating all or any of these Conditions and shall extend to the "Special Conditions" which expression shall include the particulars of sale and any sale plan used in connection with the contract. In case of any conflict between the terms of the Special and General Conditions, the Special Conditions shall prevail. Headings shall not affect the construction of these Conditions. 1.2 Any notice under the contract shall be effectively given if sent by facsimile transmission or delivered either to the intended recipient or to his solicitors and respectively at his or their last known address by the Royal Mail or the DX System. Where sent by the Royal Mail or the DX System, the notice shall be deemed to have been received on the second day after posting. The notice may be signed by the party giving same or his Solicitors. 1.3 In these conditions where the context admits:- (a) (b) (c) (d) (e) (f) expressions not otherwise defined have the same meanings as in the Conveyancing Acts 1881 to 1911, the Land Registration Act (Northern Ireland) 1970, and the Interpretation Act (Northern Ireland) 1954 and in the interpretation of the contract the latter Act shall apply in the same manner as in the interpretation of an enactment to which it is stated to apply. "assurance" includes any disposition of land and "mortgage" includes any charge on registered land. "Lease" and "Landlord" have the meanings assigned to them respectively by the Landlord and Tenant Act (Ireland) 1860 and "Lease" includes a perpetual interest as by the said Act defined and an underlease. "purchase money" includes the price to be paid under the contract for chattels, fixtures or fittings. "Bank" shall mean a branch situated in Northern Ireland of any financial institution recognised by the Bank of England as a Bank under the Banking Act "competent authority" shall include the Statutory Charges Registry, any Government Ministry, Department or Agency any District council, any other authority or any body authorised by virtue of any statutory provision to exercise or to procure the exercise of compulsory powers of purchase of land or powers restricting or modifying the manner of use of land or to maintain any register in relation to land or to matters affecting occupiers of land. (g) "Working days" shall exclude a Saturday, Sunday, Christmas Day,

10 Good Friday or a bank holiday under the Banking and Financial Dealings Act (h) reference to any legislation shall include any legislation by which it is amended, modified or replaced. SEARCHES, STATUTORY CHARGES AND ENQUIRIES 2.1 It shall be the duty of the Vendor to disclose to the Purchaser prior to completion (a) (b) all matters of which he has or ought to have knowledge which are registered with any competent authority pursuant to any statutory provision. all matters of which he has or ought to have knowledge which might reasonably be expected to be disclosed as a result of searches or enquiries made by or on behalf of a purchaser or which a prudent purchaser ought to make of any such competent authority and which have arisen or come into being at any time prior to the contract being formed and subject to which the property is being sold. Provided that the duty of the Vendor hereunder shall be satisfied by the disclosure to the Purchaser of the searches or certificates referred to in Condition 2.3 and by clear replies to any enquiries raised by or on behalf of the Purchaser prior to the formation of the contract. 2.2 (a) Failure on the part of the Vendor to comply with the provisions of Condition 2.1 shall be a ground for rescission of the contract by the Purchaser in addition to any other remedy which may be available to the Purchaser. (b) In the event of any pre-existing prejudicial fact or act being disclosed by the Vendor or appearing on the searches or enquiries hereinbefore referred to subsequent to the formation of the contract (as defined in Condition 5 hereof) but prior to completion the Purchaser shall be entitled to rescind the contract unless such fact or act shall be of such a nature as not materially to affect either the value of the property or the enjoyment thereof by the Purchaser. 2.3 The Vendor shall produce to the Purchaser prior and by way of condition precedent to completion the following searches or certificates namely (a) (b) (c) (d) a full and complete Property Certificate in the form prescribed and used from time to time by the Department of the Environment for Northern Ireland (or any successor thereto) a local authority search in the form prescribed and used by the Local Authority for the area in which the property is situate a statutory charges search against the property in sale a hand search on the index of names in the Registry of Deeds against the Vendor from the date of the Vendor's acquisition of the property to the time of supplying the search or a folio search in relation to any relevant Land Registry Folio or Folios in which the property in sale may be comprised. Where the Vendor is selling otherwise than as beneficial owner a hand search shall be furnished against the last party to have acquired the property for value as well as against the Vendor. (e) Enforcement of Judgment Office search and bankruptcy search or, in the case of a company, a Companies Office search against the Vendor. Where the Vendor is selling otherwise than as beneficial owner the required searches shall be furnished against the last party to have acquired the property for value. 2.4 In so far as the information required to be disclosed by Condition 2.1. shall be contained or shall purport to be contained in any of the certificates or searches mentioned in Condition 2.3 the Purchaser shall rely on the information contained in such certificate or search and the Vendor shall be exonerated from liability in respect of any statement or representation made by him either before or after the date of the contract or in the contract itself in respect of the matters covered by any of the said certificates or searches notwithstanding that any such statement or representation shall be incomplete or inaccurate provided

11 always that such statement or representation shall have been honestly made. 2.5 Without prejudice to the provisions of Condition 2.2 the Purchaser shall at his own expense comply with any requirement, notice or order made by any competent authority (whether made before or after the formation of the contract) and indemnify the 2.6 In order to comply with Condition 2.2, 2.3 and 2.4 the certificate or search referred to in Condition 2.3 (a), (b) or (c) shall bear date not more than 6 calendar months prior to the date of completion fixed in the contract. VACANT POSSESSION AND TENANCIES 3.1 Unless the Special Conditions otherwise provide the property is sold with vacant possession on completion. 3.2 Where the property is sold subject to any lease or tenancy the Vendor shall furnish to the Purchaser or his solicitors a copy of any lease or agreement in writing, or where not in writing such evidence of the nature and terms of the tenancy as the Vendor may be able to supply, together with copies of any notices in the Vendor's possession served by or upon the lessee or tenant. 3.3 Save as aforesaid the Vendor shall state the amount of the legally recoverable rent and other terms of the tenancy and the Purchaser shall be entitled, in the absence of knowledge or notice to the contrary, to rely on the accuracy of such statement. EASEMENTS, RESERVATIONS, RIGHTS, LIABILITIES AND COVENANTS 4.1 Save for the matters subject to which the property is sold by virtue of Condition 2 or the Special Conditions, the Vendor shall disclose, before the formation of the contract, the existence of all easements, rights, privileges and liabilities (without prejudice to the generality of the foregoing including all rights of way and rights of drainage) other than those apparent on inspection of the property which are known by the Vendor to affect the property or which the Vendor has reason to suppose are likely to affect it. 4.2 Without prejudice to the foregoing:- Vendor in respect of any liability thereunder, and if on any default of the Purchaser in compliance therewith the Vendor shall incur any expenditure in respect thereof the Purchaser shall repay the same to the Vendor on or before completion of the sale with interest at the rate applicable under Condition 16 from the date of expenditure until repayment. (b) (c) (d) property and shall take it as it stands, save where it is to be constructed or converted by the Vendor; the property is sold, and will if the Vendor so requires be conveyed, subject to all rights of way, water, light, drainage and other easements, rights, privileges and liabilities affecting it, and where all or any part of the property adjoins or is near to any other land of the Vendor the Purchaser shall not acquire any rights or easement thereover which would restrict the free use of the Vendor's other land for building or any other purpose whatsoever and the assurance shall so provide and, if disclosed prior to the making of the contract or apparent on inspection, the assurance shall also contain reservations and provisions reserving to the Vendor easements and rights equivalent to any existing quasi-easements and quasi-rights over the property sold; where the property is subject to any matter contained in any deed or document, a copy or abstract of which has been submitted to the Purchaser prior to the date of contract, which matter would but for this provision be void against a Purchaser for value in the absence of registration, the Purchaser shall indemnify the Vendor against all claims, demands and liability howsoever arising in respect thereof. 4.3 Notwithstanding anything hereinbefore contained if the property is sold subject to restrictive covenants the Purchaser shall be deemed to have purchased with full knowledge thereof. FORMATION OF CONTRACT AND DEPOSIT (a) the Purchaser shall buy with full notice of the actual state and condition of the 5.1 The contract (other than in a sale by auction) shall be formed upon receipt by the

12 Purchaser or his solicitor of a copy of the Purchaser's offer as accepted by the Vendor (or on his behalf). The Purchaser or his solicitor shall be deemed to have received such copy at the latest (a) (b) (c) by the close of business on the second working day after dispatch of the same by the Vendor's Solicitor through the Royal Mail or through the DX System; on completion of an effective facsimile transmission; or upon delivery if the same is delivered by hand. 5.2 Upon the formation of the contract the Purchaser shall within 5 working days pay such deposit as may have been agreed to the solicitor for the Vendor who shall hold the same as agent for the Vendor. 5.3 In the event of the deposit not being paid as provided for in Condition 5.2 the Vendor shall be entitled either to rescind the contract upon giving 5 working days notice in writing to the Purchaser's solicitor unless payment shall be made within that time, time to be of the essence, or to claim interest at the rate provided for in Condition 16.1 (a) hereof on the deposit of such part thereof as may be outstanding from the date of non-payment until the date of payment or, if it be later, the date of the actual completion. The Vendor s right to recover interest under this condition shall exist even though the contract may be subject to a condition which remains unsatisfied. Such interest shall form part of the purchase monies due on completion and Condition 16 shall apply and be interpreted accordingly. RISK 6.1. The Vendor shall, on completion, transfer the property in the same physical state as it was at the date of the contract (fair wear and tear excepted) and shall retain the risk until completion. 6.2 If the property suffers any damage between the time of formation of the contract and actual completion which makes the property unusable for its purpose as at the formation of the contract (a) the Purchaser may rescind the contract, in which event the provisions of Condition 18.2 shall apply, or (b) alternatively, the Purchaser may affirm the contract, in which case the Purchaser's right to compensation shall be confined to the cost of making good the damage to the property; or the Vendor may rescind the contract where the property has become unusable for its purpose as at the date of the contract as a result of damage for which the Vendor could not reasonably have insured or for which compensation is not available from the Crown or any competent authority or where the Vendor is prohibited by a legal duty or restriction from making good the said damage. 6.3 The Vendor is under no obligation to the Purchaser to insure the property. 6.4 Where a breach of Condition 6.1 has occurred which is not sufficient to entitle the Purchaser to rescind, the Purchaser shall be entitled to compensation from the Vendor in the amount required to remedy the damage. 6.5 Where the Purchaser is entitled to compensation from the Vendor in accordance with this clause he shall notify the Vendor of the circumstances of the claim within 10 working days of the actual completion. DELIVERY OF TITLE 7.1 Within 5 working days of the formation of the contract there shall be delivered to the Purchaser or his solicitors the title to the property sold or copies thereof, if this has not already been done and as soon as practicable, the Searches and Certificates referred to in Condition If a document of title refers to any plan material to the description of the property, or to any covenants contained in a document earlier in date than the document with which the title commences, and such plan or earlier document or a copy thereof is in the possession of the Vendor or his trustees or mortgagee, the Vendor shall supply a copy thereof with the title, provided always that nothing herein or done on foot hereof shall operate as a waiver of the benefit of any stipulation as to the root of title. 7.3 The Vendor shall not be required to procure the production of any document not in his

13 possession or not in the possession of his mortgagee or trustees and of which the Vendor cannot reasonably obtain production nor to trace or state who has the possession of the same. 7.4 The Vendor shall produce to the purchaser an uncertified copy Land Registry Map in respect of titles registered in the Land Registry or, in the case of unregistered lands, an ACE map or a map otherwise based on Ordnance Survey standards suitable for an application to the Land Registry for first compulsory registration. TITLE AND TENURE 8.1 Subject to the proviso to Condition 8.2 no title to the property prior to the date of the document specified in the Special Conditions as the commencement of the title to the property, or if there are no Special Conditions in that behalf, prior to the date implied for the commencement of such title, shall be called for or required and no objection, requisition, or enquiry will be entertained or allowed in respect of any title prior to the said date no matter how the information suggesting the same shall have come to the notice of the Purchaser and the deed or document mentioned in the Special Conditions as the root of title shall be conclusively admitted as a good root of title to the property for the purposes of the present sale. 8.2 Where the property is held under a Fee Farm Grant or Lease the right and title of the Grantor or Lessor to make same shall be admitted and no investigation of any prior or superior title shall be permitted, nor shall any objection be made by reason of the said Fee Farm Grant or Lease being a Sub-Fee Farm Grant or Sub-Lease, or by reason of the property being held with other property subject to any other or greater head rent than that reserved by the said Fee Farm Grant or Lease; provided always that, save where registered with a good Fee Farm Grant title or a good leasehold title, whether the property is held under a Fee Farm Grant or Lease for a perpetual interest or a term of more than 21 years said Grant or Lease shall have been made or executed within 12 years prior to the present sale, the Vendor shall deduce title to the Landlord's estate or interest for the space of 12 years prior to the date of said Grant or Lease. 8.3 Where the property is held under a Fee Farm Grant, a transfer or conveyance held subject to the observance of covenants, a Lease the following provision of this Condition shall apply:- (a) (b) (c) (d) The Fee Farm Grant Lease transfer or conveyance or copies thereof having been made available, the Purchaser (whether he has inspected the same or not) shall be deemed to have bought with full notice of the contents thereof and the property is sold subject to the rent reserved by the Fee Farm Grant or Lease and to the covenants, conditions and agreements in the said Fee Farm Grant, lease transfer or conveyance and in all superior assurances (if any) so far as same relate to the property; the production of the receipt for rent last accrued due prior to the completion date or of a statutory declaration by the Vendor that the rent reserved by the Lease or Fee Farm Grant has not been collected by the person entitled thereto for a period of not less than 6 years nor has that person demanded such rent for such period shall be conclusive evidence that all the covenants, conditions and agreements contained in said Fee Farm Grant or Lease and in every superior Grant or Lease (if any) have been complied with or that any breaches thereof (including breaches of a continuing nature) have been effectively waived up to the date of actual completion; where there is only a nominal ground rent or nominal fee farm rent or in the ease of the sale of freehold land held subject to covenants, the Purchaser shall be entitled to have a certificate by the Vendor confirming that any covenants to which the property may be subject have been duly observed and performed. on production of a receipt for the last payment due for rent under the Fee Farm Grant or Lease the Purchaser shall assume without proof that the person giving the receipt though not the original Grantor or Lessor is the Landlord or his duly authorised agent. the sale is subject to any necessary consent to convey assign or let or sub-let assign being obtained. The

14 costs of obtaining such consent shall be paid by the Vendor, but if the consent is not obtained prior to the date for completion either party may by notice in writing to the other rescind the contract and thereupon the provisions on Condition 18.2 shall apply. 8.4 Where the property is held subject to any perpetual or terminable rent charge or rent, but such rent charge or rent is wholly or partially charged on other lands and the property being sold has been indemnified against such rent charge or rent or part thereof, then:- (a) (b) (c) no objection shall be made on account of the existence of the said rent charge or rent, or of any covenants, conditions or agreements in the instrument creating the same or for enforcing the same; no further indemnity shall be required by the Purchaser beyond the assignment of the benefit of any indemnity to which the Vendor may be entitled; the Purchaser shall assume that such rent or rent charge has been duly paid, and all covenants, conditions and agreements created by the instrument creating the same have been performed and observed, or any breaches thereof waived. 8.5 Where any property is to be assigned, or sub-demised, subject to an apportioned rent mentioned in the contract, the Purchaser shall accept the assignment or underlease at or subject to the apportioned rent and in case of an assignment shall not require the consent of the Landlord to be obtained, or the rent to be otherwise legally apportioned Where the title to the property is registered in the Land Registry, the property is sold subject to each and every burden which by virtue of Schedule 5 of the Land Registration Act (Northern Ireland) 1970 affect the land and to such Schedule 6 burdens of the kinds mentioned at paragraphs 2, 6, 11, 12, 15 and 16 of Part 1 of that Schedule as may be registered as affecting the land, and also subject to all the exceptions, reservations, burdens, qualifications, notes and restrictions in the relevant Folio appearing The evidence of the Registered Title shall consist of the following: (i) the relevant Land Certificate(s) (ii) where appropriate, the original counterpart or an office copy of the Registered Fee Farm Grant or Lease or transfer (iii) Where appropriate an affidavit (or certificate) (a) to reclassify the title as absolute (b) to confirm that the Vendor or his predecessor in title has complied with all matters set out in the Certificate pursuant to which he has become registered as owner (iv) Such further evidence as may be required to establish the Vendor's title to dispose of the property by virtue of Section 33 of the 1970 Act. (v) Such affidavits or certificates as to execution of documents as may be required by the Registrar pursuant to rules made pursuant to the 1970 Act. (vi) An official uncertified copy of the Land Registry map of the lands comprised in the Folio(s) on which the property is registered. (vii) Where part only of a folio is being sold a map suitable for registration purposes Save in so far as provided by the Special Conditions the Purchaser shall not be at liberty to call for the removal from or cancellation on the Register of any of the burdens, qualifications, notes or restrictions referred to in Condition Unless the certificate is deposited at the Registry the Vendor shall deliver the land certificate and/or the charge certificate as the case may require to the Purchaser on completion of the purchase, or, if only a part of the land comprised in the certificate is dealt with, or only a derivative estate is created, he shall, at his own expense, produce or procure the production of the certificate in accordance with the statutory provisions for the completion of the Purchaser's registration. Where the certificate has been lost or destroyed the Vendor shall pay the costs of the proceedings required to enable the Registrar to proceed to such completion

15 without it. 8.7 Any statutory covenant to be implied in an assurance by the Vendor conveying as beneficial owner shall be so limited as not to affect him with liability for a subsisting breach of any covenant or condition concerning the state or condition whereof the Purchaser is by Condition 4.2 deemed to have full notice. MORTGAGES 9.1 Except to the extent that the Purchaser elects to redeem the Vendor s mortgage pursuant to Clause 15.6, the Vendor shall be obliged to ensure that any mortgages or charges subsisting at completion are vacated and discharged. 9.2 Where the title includes a mortgage in favour of a Bank, Building or Friendly Society or a society registered under the Industrial and Provident Societies Acts, or any trustees or other persons on behalf of such a society, no evidence shall be required in relation to the rules, constitution or incorporation of the society and the Purchaser shall assume that any receipt given on the discharge of every such mortgage and purporting to be executed in the manner required by the statutory provisions relating to the society was duly executed by all proper persons and is valid and effectual. REQUISITIONS 10.1 No later than 10 working days before completion or within 10 working days after the date of the contract if later, the Purchaser shall send to the Vendor s solicitors a statement in writing of all objections and requisitions, if any, to or on - (a) (b) (c) the title or evidence of title, the said documents, and the contract, as regards matters not thereby specifically provided for Replies to all such objections or requisitions shall be made within 5 working days of receipt thereof and subject thereto, the title shall be deemed to be accepted All objections and requisitions not included in any statement sent within the time aforesaid and not going to the root of the title shall be deemed to have been waived The said documents, though not in fact imperfect or incomplete, shall be deemed to be perfect and complete, except for the purpose of any objections or requisitions which could not have been taken or made on the information therein contained. For the purposes of the foregoing stipulation where a document, or a copy thereof, refers whether by recital or otherwise to a missing or imperfect document, or copy, then it shall be deemed to contain the information on which an objection or requisition could have been taken or made concerning such missing or imperfect document or copy Any challenge to the replies to any objections or requisitions shall be in writing and made within 5 working days after the day of delivery thereof. PREPARATION OF ASSURANCE Save where the sale is by way of grant of Lease, conveyance or transfer a draft, of which is attached to the Contract, the draft assurance prepared by or on behalf of the Purchaser shall be delivered at the office of the Vendor's solicitors at least 10 working days before the date fixed for completion and the engrossment (first executed by the Purchaser, where requisite) delivered within 5 working days after return of the approved draft and delivery of the draft or engrossment shall not prejudice any outstanding requisition Where the sale is by way of Lease, the Lease and a counterpart thereof (and where registration in the Land Registry is required, two counterparts thereof) shall be in accordance (as nearly as the circumstances admit) with the form of draft Lease (if any) and map annexed to the contract or otherwise sufficiently identified by the signatures of the parties or their Solicitors, and the engrossments thereof shall be prepared by the Vendor's solicitors and on completion shall be stamped and registered by and at the expenses of the Purchaser The Purchaser shall in the assurance covenant to indemnify the Vendor and his estate (and any estate of which he is personal representative or trustee) against all actions, claims and liability for breach of any covenant, stipulation or provision subject to which the property is expressed to be sold where the Vendor or any such estate would remain liable after assurance Where a document is retained in the

16 possession of a mortgage trustee or personal representative, the Purchaser shall accept an acknowledgement of his right of production and delivery of copies from the person in possession thereof, without any undertaking for safe custody from him or any other person, save that if a mortgagor who is not in a fiduciary position concurs in a conveyance he shall, if so required, covenant that if and when he receives the document he will, at the cost of a person requiring it, give an undertaking for safe custody The Vendor shall demise or convey the property to the Purchaser named in the contract or such other person as the Purchaser may nominate but shall not be required to demise or convey the property in more than one lot, nor at a price other than the contractual price nor at a price divided between different parts of the property The execution of any assurance by the Vendor or other necessary party shall be witnessed either by a solicitor or two other independent persons. In case of a body corporate the application of its seal shall be witnessed by two office holders or persons lawfully authorised The Vendor warrants that on completion by himself and all other necessary parties the purchaser shall receive the assurance to the Purchaser duly executed. IDENTITY AND BOUNDARIES 12.1 The Vendor shall identify and describe the property with sufficient accuracy as to measurements and quantities to inform the Purchaser of what the Vendor is proposing to sell. Such identification or description may, at the option of the Vendor, be evidenced by the documents of title or by a map or plan Where the Vendor chooses to furnish the said identification or description by way of a map or plan it shall be prepared and provided at the Vendor's expense. The map or plan shall be of such a nature and of such a scale as to be acceptable, where applicable, to the Land Registry and in any event to enable the boundaries, measurements, area and precise location of the property to be accurately discerned. The map or plan shall show so far as possible the approximate position of all easements appurtenant to or affecting the property or such as are to become appurtenant to or affect the property If the Purchaser shall require a statutory declaration whether by the Vendor or otherwise that the property as identified by the Vendor in accordance with Conditions 12.1 and 12.2 has been held and enjoyed for at least 12 years in accordance with the title shown that declaration shall be prepared by the Vendor, approved by the Purchaser and provided at the expense of the Vendor. MISDESCRIPTION AND COMPENSATION 13.1 Measurements and quantities, if substantially correct, shall not be the subject of compensation, nor shall any compensation be payable in respect of any mistake in a sale plan furnished for the purpose of identity; but where an incorrect statement, error or omission, whether as to measurements, quantities or otherwise, materially affects the description of the property, nothing in this paragraph shall prevent the payment or allowance of compensation under the next paragraph Subject as aforesaid, any such error, omission or mis-statement in the contract or in replies to any enquiry oral or written made with respect to the property in the course of the negotiations leading to the contract (whether or not it materially affects the description of the property) shall not annul the sale, not entitle the Purchaser to be discharged from his purchase but shall entitle the Purchaser or the Vendor as the case may require, to compensation; provided that the Purchaser shall not be entitled to such compensation in respect of any matter of which he is deemed to have notice under Condition 3.3 or 4.2 where applicable If any dispute arises between the parties as to the amount of such compensation, it shall, in default of any successful mediation under Condition 23, be settled by an independent expert agreed by the parties or, in default of such agreement, nominated by the President of the Law Society of Northern Ireland. The decision of such independent expert shall be final and binding on the parties and the fees of such expert shall be borne equally by the parties unless the expert otherwise directs Nothing in these Conditions shall - (a) entitle the Vendor to compel the

17 Purchaser to accept or the Purchaser to compel the Vendor to assure (with or without compensation) property which differs substantially from the property agreed to be sold and purchased, whether in quantity, quality, tenure or otherwise, if the Purchaser or the Vendor respectively would be prejudiced by reason of such difference, or (b) affect the right of the Purchaser to rescind or repudiate the contract where compensation for a claim attributable to a material error, omission or mis-statement cannot be assessed. POSSESSION BEFORE COMPLETION 14.1 If the Purchaser (not already being in occupation as lessee or tenant at a rent) is let into occupation of the property before the completion date then, as from the date of his going into occupation and until actual completion, or until rescission of the contract he ceases to occupy the property, the Purchaser shall:- (a) be the licensee/caretaker and not the tenant of the Vendor; 14.4 Where the Purchaser is allowed access to the property for the purpose only of carrying out work or installations, the Purchaser shall not be treated as being let into occupation within the meaning of this Condition. COMPLETION AND APPORTIONMENT 15.1 The date for completion shall be stated in the Memorandum of Sale but if not so stated shall be the first working day after the expiration of four weeks from the date of the contract, and completion shall, in default of prior agreement take place at the office of the Vendor's Solicitors, or, ir required by the Vendor, at the office of the solicitors for the Vendor's mortgagee Ground rent will be paid by the Vendor to the gale day immediately preceding the date for completion except where such date is a gale day when ground rent as opposed to rack rent will be paid by the Vendor to such date and no apportionment of ground rent shall be made The Vendor will discharge the rates due up to the date for completion Apportionment of income and outgoings (other than ground rent) of the property shall (b) pay interest on the balance purchase money at the rate prescribed by Condition 16.1; (c) keep the property in as good repair and condition as it was in when he went into occupation; (d) pay, or otherwise indemnify the Vendor against, all outgoings and expenses (including the cost of insurance) in respect of the property, the Purchaser at the same time taking or being credited with the income of the property (if any); and (e) not carry out any development within the meaning of the Planning (Northern Ireland) Orders Upon rescission of the contract, or upon the expiration of not less than 5 working days notice given by the Vendor to the Purchaser, the Purchaser shall forthwith give up the property in such repair or condition as aforesaid A Purchaser going into occupation before the completion date shall be deemed thereby to have accepted the Vendor's title. be made as follows: (a) Where the property is sold with entire vacant possession but with the benefit of sub-rents or where the Purchaser is in possession of the entire property under a tenancy at a rent, apportionment shall be made of the rental income as at the date of actual completion (that day itself to be apportioned to the Vendor). (b) In any case not expressly provided for in this Condition or in Conditions 14 or 16 apportionment shall be made as at the date fixed for completion Completion shall be by a cheque drawn on the Purchaser s Solicitors client account for the amount required Where the Vendor has to discharge a mortgage or other charge and if the Purchaser has so required in writing prior to 5 working days before the date for completion the Vendor shall produce a completion statement in which he shall state the amount due to redeem it and the Purchaser shall be entitled to make payment of such part of the balance purchase money payable directly to the mortgagee by cheque or telegraphic transfer or as in Condition

18 Where the Purchaser s Solicitor requires any undertaking relating to completion from the Vendor s Solicitor - (a) any such undertaking (other than the undertakings contained in the completion letter recommended under the Home Charter Scheme) shall be void unless same has been received by the Vendor s Solicitor not less than three working days prior to the date for completion. (b) where condition 15.7 is not adhered to, any provision in the completion letter to the effect that encashment of the purchase monies is deemed acceptance of the undertakings contained in that letter is also void, save so far as the undertakings contained in the completion letter recommended under the Home Charter Scheme are concerned. (c) the Purchaser s Solicitor acknowledges that the Vendor s Solicitor has the benefit of this Clause. (d) notwithstanding the generality of the foregoing the Vendor s Solicitor and Purchaser s Solicitor may waive the terms of this Clause by express agreement Where Value Added Tax is due to be paid on the consideration. (a) the Vendor shall supply on completion a VAT Invoice showing the Vendor's VAT Registration Number and any other details required from time to time by law. (b) the Purchaser shall upon receipt of the VAT Invoice or on the date of completion, whichever is the later, pay to the Vendor or his solicitor the appropriate amount of VAT; (c) the Vendor shall provide to the Purchaser a VAT receipt for the amount so paid; (d) interest at the rate provided for in Condition 16.1(a) shall run on any Value Added Tax outstanding from the date of completion to the date of supply of delivery of the VAT Invoice (whichever shall be later) Any sum agreed to be paid for the purchase of furnishings fittings or other chattels shall, in the absence of specific agreement to the contrary, be deemed to form part of the balance purchase money, to be payable on completion and to be subject to these conditions in the same manner as the remainder of the balance purchase money including, but without prejudice to the generality of the foregoing, the conditions relating to the payment of interest. INTEREST ON PURCHASE MONEY 16.1 If the sale shall not have been completed on or before the date fixed for completion then - (a) if the sale is with entire vacant possession the Purchaser shall pay interest at the rate specified in the Special Conditions or if none interest at the rate of 6% above the UK clearing bank base lending rate as fixed from time to time by the Bank of England and in force at the date of the contract on the amount of the purchase money (less any deposit paid) from and including the date fixed for completion until the day of actual completion of the sale but excluding that day and interest under Condition 14 shall not be payable for any period in respect of which interest is paid under this condition. (b) if the sale is subject to any tenancy or tenancies of the whole or any part of the property, the Purchaser shall pay interest at the same rate and for the same period as specified in the last preceding subclause, save that the Vendor shall have the right notwithstanding Condition 15.4(b) to take the rents and profits less the outgoings of the whole property for the same period instead of the said interest The Purchaser shall not be liable to interest under Condition 16.1 if and so long as delay in completion is attributable to the Vendor's default If delay in completion shall arise otherwise than by reason of the Purchaser's default and the Purchaser shall at his risk place the purchase money, less any deposit paid under the contract, on a deposit account in a Bank or Building Society and forthwith give notice thereof to the Vendor, then from the date of such deposit in a Bank or Building Society the Vendor shall not be entitled to exercise the alternative right to rents and profits conferred by Condition 16.1(b) and shall for such period as the Purchaser is not in default accept such interest as is actually produced from such Bank or Building

19 Society deposit in lieu of interest under Condition If the sale of property sold with entire vacant possession shall be completed after the date for completion and delay in completion is attributable to the default of the Vendor and he retains or withholds physical possession, the Purchaser may, in lieu of his rights at law or in equity, require the Vendor to pay or allow to him on actual completion the equivalent of fair rent (at a rate calculated as an annual sum equal to the rateable valuation of the property at the date of the contract) for such period as delay in completion shall have been due to the default of the Vendor. SALE OF PART OF UNREGISTERED LAND 17 Where part only of the lands on a title is being sold the Purchaser will supply free to the Vendor a counterpart or certified photocopy of the registered assurance. RESCISSION 18.1 If the Purchaser takes or makes any objection or requisition as to title, assurance or otherwise which the Vendor is unable or, on the ground of unreasonable expense or other reasonable ground, unwilling to remove or comply with and does not withdraw the same within 10 working days after being required in writing so to do, the Vendor may rescind the contract by notice in writing served on the Purchaser, notwithstanding any intermediate negotiation or litigation If the contract is rescinded under Conditions 2.2, 6.2, 8.3(d), or 18.1 or 21.2(b) the Vendor shall repay to the Purchaser the deposit and any money paid on account of the purchase price but without interest and the Purchaser shall return all papers in his possession belonging to the Vendor and at the expense of the Vendor procure the cancellation of any entry relating to the contract in any register but shall otherwise have no claim against the Vendor. NOTICES TO COMPLETE AND REMEDIES ON DEFAULT 19.1 This Condition shall apply in every case except where the Special Conditions provide that time is to be of the essence of the contract in respect of the date for completion If the sale shall not be completed on the day for completion either party may on that date or any time thereafter (unless the contract shall first have been rescinded or become void) give to the other party notice in writing to complete the transaction in accordance with this Condition but such notice shall only be effective if the party giving the same at the time the notice is sent is either ready, able and willing to complete or is not so ready, able and willing by reason of the default or omission of the other party to the contract Upon service of an effective notice pursuant to the preceding clause it shall be an express term of the contract that the party to whom the notice is given shall complete the transaction within 5 working days after the day of service of the notice (excluding the day of service) and in respect of such period time shall be of the essence of the contract but without prejudice to any intermediate right of rescission by either party If the Purchaser does not comply with the terms of an effective notice served by the Vendor under this Condition then (iii) without disclosing a reserved price, to withdraw from the sale any property or lot at any time before it has been sold, whether or not the sale has commenced. (d) unless otherwise provided in the contract the sale is subject to a reserved price for the property and, when the property is sold in lots, for each lot. (e) if any dispute arises as to any bid, the auctioneer shall forthwith (at his option) either determine the dispute or again put up the property or lot in dispute at the last undisputed bid, (f) the Purchaser shall forthwith sign the contract and immediately pay to the Vendor or to the Vendor's agent a deposit of 10 per centum of the purchase monies and if the Purchaser shall fail to pay such deposit the contract shall not be formed The Vendor shall at the time of the auction provide for inspection the searches and certificates set out in Condition These Conditions may be inspected prior to the auction at the place of sale and at the time of the sale, but they will not then be read, and the Purchaser shall be deemed to have knowledge of the Conditions and of all

20 the terms thereof and shall be deemed to bid on such terms, whether he shall have (a) the Purchaser shall forthwith on the expiry of that notice, or within such further period as the Vendor may allow, return all papers in his possession belonging to the Vendor and at his own expense procure the cancellation of any entry relating to the contract in any register, and (b) without prejudice to any other rights or remedies available to him at law or in equity, the Vendor may - (i) forfeit and retain for his own benefit the deposit paid by the Purchaser, and (ii) resell the property whether by auction or by private treaty without previously tendering an assurance to the Purchaser. (iii) recover by action at law any deposit contracted to be paid by the Purchaser but not paid at the time of service of the notice. (c) If on any such re-sale contracted within one year from the date for completion the Vendor incurs a loss, the Purchaser shall pay to the Vendor as liquidated damages the amount of such loss, which shall include all costs and expenses reasonably incurred in any such re-sale or any attempted re-sale, subject to the Vendor giving credit for any deposit and any money paid on account of the purchase price, but any surplus money shall be retained by the Vendor If the Vendor does not comply with the terms of an effective notice served by the Purchaser under this Condition, then the Purchaser may elect either - (a) to enforce against the Vendor without any further or other notice under the contract such rights and remedies as may be available to the Purchaser at law or in equity, or (b) without prejudice to any right of the Purchaser to damages, to give notice in writing to the Vendor forthwith to repay to the purchaser any deposit and any money paid on account of the purchase price, but on compliance with that notice the Purchaser shall no longer be entitled to any right to specific performance of the contract and shall return forthwith all papers in possession belonging to the inspected the Conditions or not. Vendor, and at the expense of the Vendor procure the cancellation of any entry relating to the contract in any register The party serving a notice under this Condition may at the request or with the consent of the other party extend the term of the notice for one or more specifically stated periods of time and thereupon the term of the notice shall be deemed to expire on the last day of such extended period or periods, and the notice shall operate as though this Condition stipulated such extended period of notice in lieu of 5 working days, and time shall be of the essence of the contract accordingly. CONDITIONS APPLICABLE TO AUCTIONS 20.1 In a sale by auction:- (a) (b) (c) LOANS the auctioneer may refuse to accept a bid, the highest accepted bidder shall be the Purchaser, the Vendor reserves the following rights:- (i) to divide the property into lots and sub-divide, rearrange or consolidate any lots, (ii) to bid up to any reserved price, by himself or his agent, 21.1 Where the Purchaser requires an advance from any financial institution to assist him with the purchase he shall state in that part of the memorandum designated for the purpose or otherwise in the body of the contract (a) (b) (c) the amount of the advance required the identity of the financial institution to which application for such advance has been made and the date by which an offer of advance is expected The following conditions still apply namely: (a) The Purchaser shall be deemed to warrant that he has already applied for

21 (b) (c) CHATTELS an advance of the required sum and that he has furnished or will furnish to the financial institution any information which it may require to enable it to deal with the application, provided however that if no specific sum is stated he shall be deemed not to require an advance and provided further that he shall inform the Vendor forthwith upon an offer of the required terms being made If by the stated date upon which an offer of advance is expected an offer of the required sum has not been made at the normal rate of interest and without abnormal conditions then the Purchaser shall forthwith inform the Vendor and thereupon the contract shall be deemed to be rescinded and Condition 18.2 shall apply, provided however that if no such date is stated then a date 10 working days prior to the date for completion shall be deemed to apply. For the purpose of Condition 21.2(b) the following conditions shall be deemed not to be abnormal conditions. (0i) A condition relating to the state of repair of the property which does not require a retention of at least 2.5% of the purchase money against repairs or 24 Where chattels, fittings or other separate items are included in the sale (whether by auction or private treaty) the same are warranted to be the Vendor's unencumbered property and free of any bill of sale, lien, hiring, hire-purchase, or third party claim, save as specified in the Special Conditions. (d) improvements. (ii) A condition requiring the redemption of any existing mortgage. If the Purchaser does not inform the Vendor within 5 working days after the stated date that an offer of the required sum has not been made in accordance with Condition 21.2(b) it shall be deemed that the Purchaser does not require an advance. CONTINUING CONTRACTUAL OBLIGATIONS 22 Notwithstanding the completion by the Purchaser, any part of the contract to which effect is not given by the assurance, and which is capable of taking effect after completion, shall remain in full force and effect. MEDIATION 23 In the event of any dispute or difference arising between the parties which is not resolved by negotiation, either party may refer the matter to the Law Society of Northern Ireland Dispute Resolution Service ("the service") and if the matter has not been resolved within 10 working days of referral to the service or such longer period as both parties shall agree, then the mediation by the service shall be deemed to be at an end and each party shall be free to pursue his own remedies. or services as being in accordance with the contract. Solicitors: ARTHUR COX NORTHERN IRELAND DEFECTS 25 Without prejudice to the parties rights or remedies at common law, any complaint about any chattels which are included in the sale or services to or on the premises not being in working order in accordance with any representations made by the Vendor shall be made to the Vendor s solicitor within fifteen working days of completion and time shall be of the essence in this respect and if no complaint shall be made within such a period, the Purchaser shall be deemed to have accepted all such chattels

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23 Special Conditions 1. This agreement incorporates the Law Society of Northern Ireland General Conditions of Sale (Third Edition Second Revision) ("the standard conditions"). Where there is conflict between the standard conditions and the special conditions, the special conditions prevail. 2. Terms used or defined in this agreement have the same meaning when used in the standard conditions. 3. The Property is sold subject to the encumbrances on the Property and the Buyer will raise no requisition on them. 4. The Property is sold with vacant possession. 5. The Property is sold subject to all matters registered or capable of being registered in any statutory charges register (whether registered or not) and the requirements, orders, notices, proposals, demands and requests of any public or local authority which affect or relate to the Property whether arising before or after the date of this agreement and all the financial and other liabilities and obligations arising from these. 6.1 The Seller's Solicitors will hold the deposit as agents for the Seller and completion cannot occur until the deposit cheque has cleared. Standard Conditions 5.2, 5.3, 12.3, 14, 20 and 24 shall not apply to this agreement The completion date shall be 14 days from the date hereof or earlier by arrangement between the parties. Completion shall take place at or before 1.00 pm and, if completion shall take place after that time, completion shall be deemed to have taken place on the next working day. Completion shall not be deemed to have taken place until the funds are received by the Seller's Solicitors' bank. Standard condition 15 shall be varied accordingly. 7. The following are expressly excluded from the sale: 7.1 chattels; 7.2 any fixtures and fittings subject to any lien or hire purchase loan or credit agreement. 7.3 The Seller does not own any chattels that may be at the Property. Any such chattels may be removed before completion, but not by the Buyer. If there are any chattels in the Property at completion, the Seller does not purport to sell them and does not give any covenants for title in respect of them. The Seller, however, shall not be liable to remove them before completion. 8. The Buyer must not be: An employee of HBOS plc who works directly with the Asset Manager or has otherwise been directly involved in the sale of a repossessed Property, nor the relative of such a person, nor Any other person who has been directly involved with the sale of the Property, nor the relative of such a person. For the purposes of the above, "relative" means the person's spouse, immediate family member, or life/business partner, "directly" means either personally involved with, or having the ability to influence the conduct/manner of the

24 transaction. 9. In the event that due to the Buyer's failure to complete on the completion date and the Seller's Solicitors serving a notice to complete under standard condition 19.2 the Buyer shall pay on completion (in addition to the balance of the purchase price and any other sums due to the Seller including interest) the sum of 100 plus VAT towards the Seller's legal costs in connection with the preparation and service of the notice to complete and recalculation of the amount payable on completion. 10. The Buyer is required to execute a transfer in the form supplied by the Seller's Solicitors to the Buyer's Solicitors. The Buyer acknowledges that the Seller may execute such Transfer pursuant to Power of Attorney provided by the Seller and the Buyer will not raise any objection or requisition in relation to the power and its use 11. The Seller shall be entitled to decline to transfer the Property to any person other than the Buyer If the Property is subject to the payment of rent, chief rent, ground rent, service charge, insurance premium or any other sums payable by the Seller whether under a Lease of the Property (the Lease ) or the Fee Farm Grant of the Property ("the Grant") or otherwise, the Seller shall be responsible for any such sums which relate to a period before the completion date provided that demands for such sums are received by the Seller before the completion date. The Seller shall not however be responsible for any sums for which demands are received after the completion date whether or not they relate to a period before the completion date Where interim service charge payments are paid on account under the Lease, Grant or otherwise and final accounts are made up after the end of an accounting period and it is anticipated that there will be a deficit or a surplus in the account giving rise to a liability for excess service charge or an entitlement to a credit on the account (as the case may be) then an appointment shall be made by or on behalf of the Seller Any apportionment made under special conditions 12.1 and 12.2 shall be final and binding upon the parties. If no apportionment is made it shall be deemed to be apportionment for the purposes of this condition The Buyer shall indemnify the Seller in respect of all proceedings, actions, claims, costs, demands and other liabilities (whether arising before or after completion) for the sums referred to in this condition 12 and all other obligations in respect of or in connection with the Property All apportionments are to be made with effect from the completion date. 13. Any sums paid in advance in respect of future work not begun on or before the completion date or which are held in a general sinking fund shall be reimbursed to the Seller on completion and any sums to be paid after the completion date shall be the responsibility of the Buyer. 14. If the Lease or Grant (or any other document referred to in the registers of title) requires anyone buying the Property to enter into a deed of covenant or any other document on or before the completion date, the Buyer will pay the costs of complying with such requirements.

25 15. The Buyer acknowledges that the Seller has no power to sign a stock transfer form in respect of any share in a management company connected with the Property. 16. No express or implied covenant is given to the Buyer that there is no subsisting breach of any condition to tenant's obligation contained in the Lease or Grant or otherwise. 17. The Vendor sells as Mortgagee in Possession pursuant to a Charge Deed dated 10 October 2008 and made between Gary Alan Drew the one part and The Mortgage Business Plc of the other part. 18. The Seller will furnish all documents of title in its possession on closing, and where these are copies only, the Purchaser will not call for the originals or raise any enquiry or requisition to their non-production. 19. The Property is sold subject to all rights of way and other easements affecting the same and to all liabilities (if any) to make and maintain roads, footpaths, passages and sewers and all Purchasers shall take the premises subject to such liabilities (if any) and to compliance by the Purchaser with requirements of any notices of orders made by any Authority whether before or after the date of sale and to any liability for payment of any sum by reason or failure to comply with any such notice or order served or made. 20. On Completion the balance of the Purchase Price shall be payment only to The Bank of Scotland by BACS credit or by CHAPS to:- Bank: Branch: BANK OF IRELAND CITY BRANCH, 4 HIGH STREET, BELFAST Sort Code: Account Number: Account Name: ARTHUR COX CLIENTS ACCOUNT 21. Without prejudice to the Purchaser s rights under this contract, the Vendor s solicitors shall not be required or presumed to give any undertaking on completion of the sale other than that of which requests are properly made in writing not later than three clear working dates prior to the date fixed for Completion and to which request they shall in writing accede. 22 For the purposes of General Condition 16.1(a) the rate of interest shall be 4% above the base rate of Barclays Bank plc. 23. On Completion, the Seller s Solicitors will undertake to discharge only those encumbrances having priority over the Seller s mortgage; no such undertaking will be given in respect of encumbrances which are inferior to the Seller s mortgage. 24. The buyer agrees to purchase the property in the full and actual knowledge that there is no expressed right of way to the property. The buyer agrees that the vendor will not be rectifying this title issue and no further queries or requisitions will be made in this regard.

26 Sellers Solicitor : Arthur Cox Northern Ireland, Capital House, 3 Upper Queen Street, Belfast, BT1 6PU Buyer's Solicitor :

27 PROPERTY INFORMATION DETAILS PROPERTY ADDRESS: 2 LISSAN LANE, TEMPO, ENNISKILLEN, BT74 4FQ This document replaces replies to preliminary enquiries and requisitions on title. The information is supplied by The Mortgage Businesses solicitors but, as The Mortgage Businesses knowledge of the property is limited, The Mortgage Business will not answer any additional enquiries and requisitions (save as to title). The buyer must make his/her own inspection of the property, enquiries and searches. The information contained here does not incorporate any warranties or representations made by or on behalf of The Mortgage Business plc. THE PROPERTY 1. BOUNDARIES The Mortgage Business has no information as to the boundaries other than that contained in the copy documents supplied by its solicitors with this form. 2. GUARANTEES Copies of any guarantees that are with the title deeds are attached to this form. The Mortgage Business has no further information. The buyer must rely on his own inspection and enquiries about the existence and enforceability of any guarantees. 3. SERVICES The Mortgage Business has no information as to the routes of the services except that [if any] contained in the copy documents supplied with this form. The buyer must rely upon his own inspection and enquiries, both as to the routes of services and the availability of supply. 4. ADVERSE RIGHTS AND DISPUTE The Mortgage Business is not aware of any adverse rights or disputes, other than those [if any] contained in the copy documents supplied with this form, but the property is sold subject to any which there may be. The Mortgage Business has no information as to matters which may have affected any owners of the property. 5. CONDITION OF THE PROPERTY, CHATTELS AND FIXTURES

28 The property is sold as it stands unless otherwise notified. Chattels and fittings are not included. The Mortgage Business has no title to chattels and fittings and can give no warranties in respect of these. 6. OUTGOINGS The Mortgage Business has no information as to outgoings from the property. Enquiries should be made, where appropriate, with the relevant local authority. 7. TITLE TO THE PROPERTY 7.1 The Mortgage Business has supplied copies of the relevant documents in its possession. The Mortgage Business is not able to supply any further information other than that which may be contained in the title deeds. The originals of all certified documents will be handed over on completion, unless otherwise stated in the contract. For the avoidance of doubt the original power of attorney under which the transfer is executed will not be handed over on completion. 7.2 The Mortgage Business will not be providing the usual searches on this transaction, other than the DOE and Local Authority searches. It will, therefore, be necessary for you to carryout your own searches. 7.3 It is not The Mortgage Businesses policy to supply a copy of the mortgage deed where the title is registered nor the mortgage conditions. A buyer is not concerned to enquire whether a case has arisen to authorise the sale. However, The Mortgage Business confirms that the mortgage money has become immediately repayable. The power of sale has arisen and The Mortgage Business is now exercising its power of sale. 8. PLANNING The Mortgage Business will supply copies of planning permissions which may be with the title deeds. 9. SALE PRICE The Mortgage Business is obliged to obtain the best price it reasonably can for the property. It may be necessary, therefore, before exchange of contracts, for The Mortgage Business to obtain confirmation that the purchase price is the best price reasonably obtainable at that time. 10. LEASEHOLD PROPERTIES 10.1 The Mortgage Business will not disclose any reversionary, leasehold or freehold title unless supplied with this form.

29 10.2 A copy of the lease from the title deeds/land Registry produced copy of the registered lease is supplied with this form if the original is unavailable Any information available as to the identity of the landlord or the receivers of the rent or as to service charges and insurance is supplied with this form. 11. DEPOSIT A 10% deposit will be required on exchange of contracts unless The Mortgage Business has agreed otherwise. 12. COMPLETION 12.1 Completion will be effected at the offices of The Mortgage Businesses solicitors Completion will be effected at the risk of the buyer, by post On completion, the balance of the purchase price and any other sum payable to The Mortgage Business must be paid by BACS credit or by CHAPS to: - Bank: Branch: BANK OF IRELAND CITY BRANCH, 4 HIGH STREET, BELFAST Sort Code: Account Number: Account Name: ARTHUR COX CLIENTS ACCOUNT 12.4 The Mortgage Business plc and The Mortgage Businesses solicitors do not maintain a TSB account If, before completion, The Mortgage Business plc or its solicitors learn that any of the information in this form is incorrect or has changed, The Mortgage Businesses solicitors will notify you 13. KEYS The keys will be released by the selling agent once The Mortgage Businesses solicitors are in receipt of the purchase price and any other sums payable to The Mortgage Business plc.

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41 TRANSFER OF WHOLE AND/OR PART Not imposing new easements or other burdens requiring registration LAND REGISTRY FORM 10 Use Form 9 for transfers of whole by registered full owners only. Use form 11 for transfers which impose new easements or other burdens requiring registration. POSTAL ADDRESS FOR STAMP DUTY PURPOSES: 2 LISSAN LANE TEMPO ENNISKILLEN BT74 4FQ FOR OFFICIAL USE ONLY DOCUMENT NUMBER Complete panel in accordance with the instructions on page 5 and 6 A COUNTY FERMANAGH DATE: (Note 1) FOLIO(S) AFFECTED:- REGISTERED OWNER(S):- GARY ALAN DREW FE82660 & FE84651 B (Notes 2,3,4) THE TRANSFEROR : THE MORTGAGE BUSINESS PLC THE REGISTERED OWNER OF A CHARGE REGISTERED IN THE ABOVE MENTIONED FOLIOS ON 11 DECEMBER C (Note 5) (Note 6) THE TRANSFEROR AS MORTGAGEE IN CONSIDERATION OF.00 (RECEIPT ACKNOWLEDGED) AND IN EXERCISE OF THE POWER IN THAT BEHALF CONFERRED AND BY VIRTUE OF THE LAND REGISTRATION ACT (NI) 1970 TRANSFERS THE LAND DESCRIBED IN PANEL D TO THE TRANSFEREE NAMED IN PANEL E DISCHARGED FROM THE SAME CHARGE. transfers the land described in Panel D to the transferee named in Panel E.

42 D (Notes 7,8,9 & 10) THE LAND : ALL THE LANDS COMPRISED IN FOLIOS FE82660 & FE84651 COUNTY FERMANAGH. E (Notes 11,12 & 13) THE TRANSFEREE : OF F (Only for covenants not requiring registration) (Note 14) G (Use only where an additional party is required to join in the deed. Execution by such party should be in panel I.) (Note 15)

43 H (Note 16) I (Notes 17 & 18) SIGNED, SEALED AND DELIVERED/SEALED BY ATTORNEY DULY AUTHORISED AND EMPOWERED FOR AND ON BEHALF OF THE MORTGAGE BUSINESS PLC IN THE PRESENCE OF:- SIGNED, SEALED AND DELIVERED/SEALED BY THE SAID IN THE PRESENCE OF:-

44 REFER TO APPROPRIATE PANEL FOR USE ONLY WHERE THERE IS INSUFFICIENT SPACE IN PANELS. EACH CONTINUED ENTRY MUST BE CROSS- REFERENCED TO THE APPROPRIATE PANEL.

45 INSTRUCTION FOR COMPLETION To facilitate completion this sheet may be detached so that the instructions may be placed alongside the relevant panel. Failure to comply with these instructions may lead to delays in completion of registration. Unless it is contains an appropriate certificate of exemption from Stamp Duty, this transfer should be presented to the Stamp Office before lodgement in the Land Registry. (See Panel H) Typewriting and handwriting should be clear, legible and in permanent black ink. Page 4 may be used to continue any entry. Continuation sheet(s) of the same size and having the same margins as this form may be attached. Each continuation sheet must be headed with the appropriate Folio Number and County and referenced to the Panel to which it relates. A cross-reference notes should also be included in the Panel (e.g. Continued on the attached sheet ). Panel A 1 Complete boxes as appropriate Panel B If the transfer is made by all the registered owners named in Panel A insert the words the above named registered owner(s). If the transfer is not made by all of the registered owners named in Panel A state the full name and capacity of each transferor. If any transferor is not a registered owner (e.g. the Personal Representative of a Deceased Registered Owner, or an Owner of a Registered Charge in exercise of the power of sale conferred by the charge), state capacity and produce appropriate proofs in accordance with current Land Registration Rules. The interests of all the deceased joint tenants must be accounted for and proofs in accordance with current Land Registration Rules. Where the transferor acts by a liquidator or controller, that fact together with the name and address of the liquidator or controller must be included and evidence of appointment lodged. Panel C 5 Consideration and Transfer 6 Panel D 7 Description of land Words attracting implied covenants may be inserted (e.g. as beneficial owner ). Complete the panel by inserting details of the consideration (if any) and any other material matters. Describe the land in transfer clarifying whether it is :- (i) All the land in a particular folio or folios; or (ii) Part of the land in a particular folio or folios; or (iii) A combination of (i) and (ii). The description should refer to the relevant folio numbers and if appropriate to coloured markings on an attached map. The map must be based on the latest available ordnance survey plan drawn to the largest published scale e.g. 1/1250. In cases of a very small plot or for an area of complex Ordnance Survey detail the location map must be supplemented by a larger scale plan. This is particularly necessary where the transfer relates only to part of a building. All maps/plans must be bound or fastened securely to the transfer.

46 Panel E 11 Transferee Panel F 14 Covenant(s) (Not requiring registration) Panel G 15 Other Parties / Interests Panel H 16 State the full name and postal address in the UK for service of notices of each transferee for entry in the register. If a transferee is an existing registered owner of the land, or a minor, or a remainderman or life tenant under a settlement relating to the land, that fact must be stated. Where trustees (for the purposes of the Settled Land Acts or otherwise) are appointed in the transfer insert full details in Panel G. If the transfer is to two or more transferees as tenants in common, that fact must be stated and the precise fractional shares in the land passing to each transferee must also be stated (e.g. if the transfer is of an undivided half share in the land to two tenants in common who take equally the appropriate entry in the shares column for each of the two persons should be one quarter, not one half or equal ). If no words of severance or shares are included in Panel E the transferees will be taken to be joint tenants inter se. This panel is only for covenants not requiring registration (e.g. usual indemnifying covenant re leasehold obligations). Form 11 should be used for transfers which include covenants or other burdens requiring registrations. Using appropriate wording, this panel may be used to enable an additional party to join in the deed, (e.g. to release the land in transfer from a charge, to acknowledge receipt of capital money or consent to or confirm the transfer). Complete or delete as required. Stamp Duty Certificate Panel I 17 Execution 18 Unless witnessed by a solicitor, the deed must be witnessed by two people neither of whom is a party to the deed. Witnesses must subscribe their names, addresses and occupations or descriptions. Executions by an attorney or by a blind or illiterate person or by a person by his mark requires additional verification in accordance with current land registration rules.

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54 CO / IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION BEFORE MASTER BELL on WEDNESDAY THE 27TH DAY OF JUNE 2012 Between THE MORTGAGE BUSINESS PLC and GARY ALAN DREW Plaintiff Defendant UPON THE APPLICATION of the Plaintiff by originating summons filed 9 March 2012, AND UPON READING the documents recorded on the Court file as having been read, AND UPON HEARING the Solicitor for the Plaintiff, the Defendant not appearing and not being represented, IT IS ORDERED that the Defendant does within 28 days after personal service upon him of this Order deliver to the Plaintiff possession of the property situate at and known as 2 Lissan Lane, Enniskillen, County Fermanagh, BT94 3AT being the lands comprised in Folios FE84651 & FE82660 County Fermanagh. N.B. Upon an application by Summons for sufficient reason the Court may vary or discharge this Order. The Court may stay or suspend this Order if it shall appear likely that the Defendant will be able to pay the arrears of instalments or the entire mortgage debt within a reasonable time. Liberty to apply. Graham Dixon Proper Officer Time Occupied: 27 June mins Filed Date 28 June 2012 CHAPOS

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69 Building Control Department Townhall, Enniskillen, Co. Fermanagh, Northern Ireland, BT74 7BA. Telephone: or Textphone: Fax: Website: Ref: PC/2013/00237 Date: 08/05/2013 Your Ref: ast/mp/h299/7995 Arthur Cox Capital House 3 Upper Queen Street Belfast BT1 6PU Dear Sir/Madam Vendor Name : HBOS LAND / PROPERTY ADDRESS: 14 LISSAN LANE, LISSAN, TEMPO Please find enclosed property certificate in respect of the above application. Yours faithfully Desmond Reid Director of Regulatory Services Encs

70 PROPERTY CERTIFICATE IMPORTANT NOTE : The following information given by the Council shall be read and construed in accordance with the qualifications set out in the 'Information For Applicants' associated with the application for this Property Certificate. SECTION ONE: Building Regulations Matters. 1.1 Confirm if the Council has received any application(s) for Full Plans, Building Notice, and/or Regularisation Certificate in relation to the Property within the Certificate period. Yes App Num Type Decision Decision Date Works Works Started Completed Description F/2006/0467/3 F Approved 21/08/ /07/2006 Erection of dwellings (2 No) Erection of garages (2 No) F/2006/0467/4 F Approved 21/08/ /08/2006 Erection of dwellings (2 No) Erection of garages (2 No) 1.2 Do the Council's records for the Certificate Period disclose any outstanding breach of Building Regulations? No 1.3 Is the Council currently contemplating any legal proceedings in respect of the Property, or have any such proceedings been instigated? No 1.4 Confirm if any relaxation or dispensation has been granted in relation to the Property within the Certificate Period; and if so what extent? No

71 SECTION TWO: Building Licensing Matters. 2.1 Have any Licences been granted in relation to the Property as indicated in the following table? LICENCE TYPE LEGISLATION Public Entertainments Licence Local Government (Miscellaneous Provisions) (NI) Order 1985 No Amusement Permit Betting, Gaming, Lotteries and Amusements (NI) Order 1985 No Petroleum Spirit Licence Petroleum (Consolidation) Act (NI) 1929 No Cinematographic Licence Cinemas (NI) Order 1991 No Dog Kennels Dogs (NI) Order 1983 No Caravans Caravans Act (NI) 1963 No

72 SECTION THREE: Dangerous and Ruinous Structures, Environmental Health & Other Matters. 3.1 Does the Council have a record of the issue and/or non-compliance with any dangerous structure or ruinous building order(s)/notice(s) in relation to the Property, issued under the legislation indicated in the following table? LEGISLATION Towns Improvement (Clauses) Act 1847 Public Health Acts Amendment Act 1907 Pollution Control and Local Government (NI) Order 1978 Sections 116 & 117 Belfast Improvement Act 1878 Towns Improvement (Ireland) Act 1854 No No No N/A No 3.2 Is the Council, in relation to the Property, currently contemplating or has it instigated legal proceedings pursuant to any of its statutory functions as indicated in the following table? LEGISLATION Access to the Countryside (NI) Order 1983 Food Safety (NI) Order 1991 Health and Safety at Work (NI) Order 1978 Industrial Pollution Control (NI) Order 1997 Pollution Control and Local Government (NI) Order 1978 Public Health (Ireland) Act 1878 N/A No No No No No 3.3 Is the Council currently contemplating the compulsory acquisition of the Property in connection with the exercise of any of its statutory functions? N/A 3.4 Does a Smoke Control Order affect the property? Smoke control order does not apply. 3.5 Confirm the postal number and address of the property. See first page for official address.this includes the Townland which we would request is used in all addresses. Signed on behalf of Fermanagh District Council Printed Date: 08/05/2013 Issued Date: 08/05/2013

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