AGREEMENT OF SALE relating to a property in PHASE II
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1 AGREEMENT OF SALE relating to a property in PHASE II a Retirement Village located in the Klipfontein Estate, Malmesbury entered into by and between: KMS LOGS CONSULTING PROPRIETARY LIMITED 2014/153235/07 and THE PURCHASER as indicated in Schedule A SCHEDULES (Deed of Sale) A. Schedule of Particulars B. Terms and Conditions C. Definitions and Legislation D. Layout- and General Plans of Phase II E. Retirement Schemes Act F. Estimated Expenditures and Levies G. Guarantees by Building Contractor H. Building Plan of Residence I. Building Specifications DOCUMENTS (available at Seller s office, during business hours) A. Constitution of Die Klipfontein Owners Association B. Constitution of Fonteine Village Management Association C. Consumer Protection D. Documents required in Regulation 5 of the Retirement Schemes Act E. Illustration of Sub-phases and phases F. Regulation 29 of the Alien and Invasive Species Regulations, 2014, promulgated by virtue of section 97(1) of the Biodiversity Act, Act 10 of 2004 G. Undertaking by ACVV Aandskemering Home for the Elderly
2 2 1. SELLER KMS LOGS CONSULTING PROPRIETARY LIMITED 2014/153235/07 SCHEDULE A SCHEDULE OF PARTICULARS (if no information is provided, the corresponding provision in the Terms and Conditions, Schedule B, will not apply) herein represented Jacobus Albertus Le Roux ( ) and/or Gert Johannes van Wyk ( ) duly authorised thereto in terms of the attached resolution Registered address 11 Du Toit Street, Paarl, 7620 Physical address 8 Truter Street, Malmesbury, 7300 Postal address P.O. Box 38, Malmesbury, 7299 Telephone 022 * Fax 022 * Income tax number VAT registration number PURCHASER full names: id/reg no: tel: (home) tel: (work) cell: fax: _ postal: domicile: income tax number: marital status: married / unmarried in / out of community of property (delete if not applicable) full names: id /reg no: tel: (home) tel: (work) cell: fax: postal: domicile: income tax number: marital status: married / unmarried in / out of community of property full names of agent / trustee / director / member: id no: domicile address: date of power of attorney /resolution:
3 3 3. PROPERTY [own title] Erf number Unit Number General Plan S.G. 777/2016 Town Malmesbury Municipality Swartland Division Malmesbury Province Western Cape Size of Erf square metres 4. PLAN OF RESIDENCE Schedule H 5. BUILDING SPECIFICATIONS Schedule I 6. PURCHASE PRICE [erf and residence] 6.1 Purchase price [VAT included] R [subject to clause 14.2 of Terms and Conditions, Schedule B] 6.2 Deposit payable on request [clause of Terms and Conditions, Schedule B] 6.3 Balance of purchase price payable on conveyance [clause of Terms and Conditions, Schedule B] 7. SUSPENSIVE CONDITIONS Loan amount [clause 20.1 of Terms and Conditions, Schedule B] Preferred Financial Institution [clause 20.3 of Terms and Conditions, Schedule B] Property that is to be sold [clause 20.6 of Terms and Conditions, Schedule B] R R R Address: (if applicable) Date before which the Purchaser s property has to be sold [clause 20.6 of Terms and Conditions, Schedule B] 8. OCCUPATION RENT Per month in advance from the completion date (or pro rata) [clause 7.1 of Terms and Conditions, Schedule B] 9. ESTIMATED MONTHLY LEVY Schedule F R (the first three months) R (from the fourth month) 10. DIRECT MARKETING The Purchaser puts it on record that he was introduced to the Property in the following way: *recommendation by a person other than the Seller or his representative; or *by the Seller or his representative. [*delete whichever is not applicable]
4 4 11. ESTATE AGENT agency: agent:_ address: tel: [clause 28 of Terms and Conditions, Schedule B] 12. SUMMARY OF TIME SCHEDULES Offer valid Suspensive condition Deposit Guarantee Occupation 13. PURPOSE The purpose for which the property will be utilized: [delete whichever is not applicable] 21 days from signature 45 days from acceptance 7 days from request 21 days from request 30 days from notice *Primary residence / Investment 14. SPECIAL CONDITIONS We confirm that we have read and perused the contents hereof, the Schedules hereto and, more We confirm that we are familiar with the terminology herein, the Schedules hereto and, more We confirm that we were granted an opportunity to ask questions. We confirm that the conclusion of this agreement is voluntary. We confirm that, with the affixing of our signatures to these documents, a binding agreement has been entered into between us, subject to the terms and conditions as per the Schedules and, more The Seller hereby declares that the residence on the property will on the date of completion be turnkey, as defined in Schedule C.
5 5 Seller Purchaser 1 Purchaser 2
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