SALES AGREEMENT Protea Pines

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SALES AGREEMENT Property Name Scottsdene File Number Erf Number Size of plot m² Property Details * As depicted on the annexed site location diagram, Annexure A and sketch plan Annexure B.

1 SALES AGREEMENT Property Name Scottsdene File Number Erf Number Size of plot m² Property Details * As depicted on the annexed site location diagram, Annexure A and sketch plan Annexure B. First Name Last Name SA ID No Foreign Passport No Company Reg No Country (If Foreign Passport) Tel (Home) Tel (Work) Tel (Fax) Seller 1 Details Code Marital Status Single Married Divorced Widowed Marriage Type Community of Property Out of Community of Property Sales_Agreement.docSales_Agreement.doc Page 1 of 8

2 First Name Last Name SA ID No Foreign Passport No Company Reg No Country (If Foreign Passport) Tel (Home) Tel (Work) Tel (Fax) Seller 2 Details * Only necessary if Seller is married in community of property or is joint owner Code First Name Last Name SA ID No Foreign Passport No Company Reg No Country (If Foreign Passport) Tel (Home) Tel (Work) Tel (Fax) Purchaser 1 Details Code Marital Status Single Married Divorced Widowed Marriage Type Community of Property Out of Community of Property Sales_Agreement.docSales_Agreement.doc Page 2 of 8

3 Purchaser 2 Details * Only necessary if purchaser is married in community of property or if purchaser 2 is to be joint owner of this property First Name Last Name SA ID No Foreign Passport No Company Reg No Country (If Foreign Passport) Tel (Home) Tel (Work) Tel (Fax) Code Sales Agent Details Agency JH Property Sales cc Agent Tel (Work) (021) Tel (Fax) (021) P.O.Box 789 A7 Edgemead N1 City Mews Manus Gerber Goodwood Code Sales_Agreement.docSales_Agreement.doc Page 3 of 8

4 Conveyancer Details Conveyancer Name Van Dyk Potgieter Contact Person Margaret Virgin Tel (Work) Tel (Fax) Sunbird Office Park Pasita Avenue Bellville Code PURCHASE PRICE The PROPERTY is hereby sold and bought on the following terms and conditions: Purchase Price Plot (In words) (VAT included) Payable as follows: 1.1. A deposit of R into the account of JHProperties Sales appointed attorneys/conveyances within 7 days after final bond approval to be held in an interest bearing trust account, which interest shall accrue in favour of the Purchaser The balance of the purchase price will be paid over to the Seller s attorneys on registration of transfer as scheduled; In cash (See 1.3) R Through bond R Total payment R 1.3. The Purchaser will as security for a cash payment, within 10 (ten) days of written request thereto by the attorneys deliver to them: An acceptable bank or financial institution guarantee; or a bank cheque; or a bank guaranteed cheque provided that the attorneys will not require the performance in terms of this clause before the suspensive conditions contained in this agreement and the Building Contract, have been met and in particular clauses 11 and BUILDING CONTRACT This sale is subject to the Purchaser, simultaneously with the signing of this agreement, entering into a Building Contract with JHProperties123cc as attached. One is conditional upon the other. 3. OCCUPATION AND POSSESSION Occupation and possession shall be given and taken on transfer or as provided for in clause 10 of the Building Contract. Sales_Agreement.docSales_Agreement.doc Page 4 of 8

5 4. TRANSFER Transfer shall be passed by the attorneys/conveyancers appointed by JH PROPERTY SALES cc as soon as possible after fulfilment of the suspensive conditions contained in this agreement and the Building Contract. 5. COST OF TRANSFER 5.1. All costs of transfer of the property and all bond registration costs, will be paid by: JH PROPERTIES 123 CC (Builder in terms of the building agreement) on the following terms and conditions: The Purchaser must be a private person. In the case of the Purchaser being a company or a Trust or any other legal entity who by law is subject to transfer duty which is payable to SARS, such costs will not be covered by JH PROPERTIES 123 CC and will be for the Purchaser s account The bond application will be directed through our bond originators, OOBA, and the instructions for the bond are to be directed to our attorney's the transferring attorney for land and bond will be appointed by JHProperty Sales. If the above conditions (5.1.1) and (5.1.2) are not met and: The Purchaser does not obtain a bond through our in-house Bond Originator from ABSA Bank, NEDCOR Bank, STANDARD Bank or FIRST NATIONAL Bank or any other Bank agreed to by the Seller; and : The bond instructions are not directed to our attorneys, the Purchaser will pay an additional R5, (Five Thousand Rand) to JhPropertySales for additional administration needed to control the simultaneous transfer of units in the development. Furthermore all bond registration cost will be for the Purchaser s account and are not covered by JH PROPERTIES 123CC. 6. RISK The property shall remain at the risk of the Seller until date of possession, from which date the property shall be at the sole risk of the Purchaser, who shall be obliged to insure the property pending registration of transfer, should the Seller so require. 7. RATES A pro rata share of rates and taxes and other charges levied against the property shall be payable by the purchaser as from the date of possession/registration whichever is the soonest. 8. INTERIM INTEREST The Builder agrees to pay the interim interest on the plot for two calendar months from date of transfer. Thereafter the Client shall be responsible for ALL interim interest charged by the Bond granting financial institution. 9. DOMICILIUM The parties hereto choose domicilium citandi et executandi at their addresses as set out above, or such other address as they may by registered notice in writing advise. Sales_Agreement.docSales_Agreement.doc Page 5 of 8

6 10. DEFAULT Should the Purchaser fail to fulfill any of his obligations on due date and remain in default 7 (SEVEN) days after posting to him by registered post a notice from the Seller calling upon him to remedy such default, the Seller shall be entitled to: Hold the Purchaser to this agreement; or Cancel the agreement and : Retain all amounts paid on account as liquidated damages; or Claim all damages suffered by the Seller by reason of the breach, and retain all amounts paid pending settlement of each claim Hold the Purchaser to the Building Contract for the damages provided therein. Should the Purchaser fail to fulfill any of his obligations timeously, any concession granted by the Seller shall in no way effect the rights of the Seller. 11. MORTGAGE BOND This sale is subject to and conditional upon the Purchaser obtaining a building loan for the purchase of the property and the erection of the building in terms of the Building Contract from a bank, or financial institution on its normal terms and conditions for R. against security of a first mortgage bond over the property within 30 (Thirty) days of the date of signature of this agreement (the INITIAL PERIOD) or on or before such further date as the Seller in its discretion may with notice to the Purchaser decide (the EXTENDED PERIOD). The obtaining of such Mortgage Bond is subject to the conditions in clause 5 of this Agreement In the event of the Purchaser being unsuccessful in obtaining the aforesaid loan within the INITIAL PERIOD then the following provisions shall apply: The period may in the discretion of the Seller be extended for a further 30 days The Seller shall, in addition, have the right to apply in the Purchaser s name, place and stead, for the loan to any Bank, Building Society or Financial Institution at a market related interest rate and on normal terms and conditions This sale shall lapse and this agreement shall be of no force and effect should the loan not be obtained within the EXTENDED PERIOD, in the event of the Seller exercising such right, but being unsuccessful in obtaining the loan within the EXTENDED PERIOD The Purchaser undertakes to sign all documents and do all things necessary to ensure the successful granting of the loan referred to herein. Without derogating from the generality of the aforegoing, the Purchaser shall, until the expiry of the INITIAL PERIOD or EXTENDED PERIOD as the case may be, nevertheless continue to use his best endeavours and do all things that may be necessary in order to obtain the loan elsewhere. 12. COMPANY OR CLOSE CORPORATION If a signatory is acting for on behalf of a Company or Close Corporation or purports to be so acting, he shall be personally bound and liable as the Purchaser in terms hereof and if the Company or Close Corporation does not duly adopt and ratify this Agreement of Sale in accordance with the aforegoing, then such person by his signature hereunder shall be deemed to bind himself to the Sellers as surety for and co principal debtor in solidum with such entity for the due performance by it as the Purchaser of all terms and conditions of the Agreement of Sale under renunciation of the benefits of division and excussion. Sales_Agreement.docSales_Agreement.doc Page 6 of 8

7 13. WARRANTIES The property is sold as described in the attached site location diagram, Annexure A and sketchplan Annexure B and subject to conditions and servitudes attaching to the property or mentioned or referred to in the existing title deed; the purchaser agreeing to accept title as held by the Seller (who shall not be liable for any minor deficiency in the extent of the property which may be revealed on any re-survey and who does not desire to benefit by an excess) The property is sold Voetstoots, i.e. as it stands. The Seller shall not be responsible for any patent defects in the property and the purchaser does not rely on any representations regarding the Property made to him by the Seller This document together with the Building Contract constitutes the entire agreement between the parties and no change to the agreement shall have legal validity unless reduced to writing and signed by both parties. 14. ACKNOWLEDGEMENTS BY THE PURCHASER The Seller and the Purchaser acknowledges that the sale is subject to the following terms and conditions; all governing authorities granting approval in writing for the subdivision of the property; the Surveyor General registering the approved diagram relating to the property to be transferred to the Purchaser and the governing authorities issuing the clearance certificate required to register transfer; The Seller shall diligently pursue the application for the approval of the rezoning and development plan with the relevant authorities Should any of the conditions set out in 14.1 not be complied with for any reason whatsoever within 9 months of the date of signature of this agreement (or within such extended period as the seller in its sole discretion may allow), this offer shall be of no further force or effect. In such event, the Seller shall repay all monies paid by the Purchaser on account of the purchase price together with interest thereon whereupon it is reciprocally agreed that neither party shall have any claim of whatsoever nature against the other party. The Seller undertakes to inform the Purchaser of progress regarding paragraph 14.1 if requested to. 15. PROPERTY OWNERS ASSOCIATION As it is a condition of the Local Authority that an Office Owners Association in terms of Section 29 of Ordinance 15 of 1985 be established before subdivision is approved. Now the parties agree as follows: A Property Owners Association is to be established for the Township in which the property is situated (to be known as Owners Association) and the he/she shall be an obligatory member of such Association for as long as he is the registered owner of the property and shall abide by and adhere to all the regulations applicable to members of the said Association, and the proposed Constitution of the Association and that he has satisfied himself as to the provisions thereof When alienating the property, the Purchaser undertakes to disclose the existence of the Property Owners Association and the Constitution thereof to the proposed alienee and to bind the alienee thereto The Purchaser agrees to the insertion of the following condition in the title deed of the Property in such form as the Registrar of Deeds may require: The owners/s and his/her/their successor/s in the title will be members of the Owners Association established in terms of Section 29 of Ordinance 15/85 and shall at all times be subject to the Constitution thereof and the property will not be transferred to another Purchaser without the written consent of the said Owners Association. Sales_Agreement.docSales_Agreement.doc Page 7 of 8

8 16. VALIDITY OF OFFER The first signature to this agreement shall constitute an offer and as such remains irrevocable until accepted/ rejected by the Seller. 17. RIGHT TO REVOKE Only if the value of the property is less than R250, (Two Hundred and Fifty Thousand Rand) the Purchaser has the right, in terms of Section 29A of the Alienation of Land Act 1981 as amended, to revoke this offer or terminate this contract by delivering written notice thereof to the Seller (or the Seller s agent) within five days of signature hereof by him (the Purchaser). 18. JOINT LIABILITY If the Purchaser is more than one person, each is jointly and severally liable in terms of this agreement. 19. JURISDICTION The parties agree that the Seller may at his choice institute action in respect of any matters arising from this agreement in the Magistrate s Court, notwithstanding the fact that the amount involved otherwise falls outside the jurisdiction of that court. 20. SPECIAL CONDITIONS Special Conditions The Seller hereby agrees to pay JHPropertySalescc commission of fifty thousand rand (R ). SIGNED AT on the day of 20 SELLER/S AS WITNESSES: SIGNED AT on the day of 20 PURCHASER/S AS WITNESSES: Sales_Agreement.docSales_Agreement.doc Page 8 of 8

Residential Agreement of Sale for Mauritzbaai Erf 299 Subdivision of Jacobsbaai

Residential Agreement of Sale for Mauritzbaai Erf 299 Subdivision of Jacobsbaai Entered Into By And Between Corhandi Cc Registration No. 1994/040203/23 Herein Represented By Johannes Dawid Van Wyk (Hereinafter