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  1. @extends('master')
  2. @section('title', 'Contract')
  3. @section('description')
  4. @section('keywords', '')
  5. @section('content')
  6. <div class="container">
  7. <div class="row">
  8. <div class="col-md-12">
  9. <h1 class="my-4">[company_secretary] Share Transfer Input Of Contract</h1>
  10. <p>CONTRACT OF SALE OF SHARES</p>
  11. <p>[Entity name] [registration_number]</p>
  12. </div>
  13. </div>
  14. <div class="row">
  15. <div class="col-mod-12">
  16. <p>Introduction</p>
  17. <p>A share block consists of a block of shares in a Company conferring on the Shareholder a right to or an interest in the use of the immovable
  18. property which is either owned or leased by the Company. The Shareholder's rights of occupancy are governed by the Company's
  19. Memorandum of Incorporation and the Use Agreement.
  20. </p>
  21. <p>You will be purchasing a block of shares in the Company that is the registered owner of the property known as [property_known_as]
  22. situated on [property_description]
  23. </p>
  24. <p>
  25. The Use Agreement linked to your share block confers on you the right of exclusive use of your time module and imposes on you an obligation to make levy contributions so as to enable the Company to meet its obligations.
  26. </p>
  27. <p>
  28. Structure of Agreement<br><br>
  29. This agreement is divided into six main sections:<br><br>
  30. (a) Contract of Sale<br><br>
  31. (b) Conditions of Sale and Statutory Schedule<br><br>
  32. (i) Schedule of Shares and Loan Obligation<br><br>
  33. (c) Use Agreement <br><br>
  34. (i) Management Regulations<br><br>
  35. (d) Deed of Pledge and Cession<br><br>
  36. (e) Financial Statements <br><br>
  37. (f) Resort Occupation Calendar<br><br>
  38. </p>
  39. <p>
  40. Contract of Sale
  41. </p>
  42. <p>Entered into by and between:</p>
  43. <p>Full name(s) of Seller(s) : []</p>
  44. <p>Surname(s) : []</p>
  45. <p>Identity numbers(s) or Company Registration no: </p>
  46. <p>Address : </p>
  47. <p>Email Address : </p>
  48. <p>Telephone number(s) : </p>
  49. <p>Income Tax Number(s) / VAT Number if shares are an enterprise asset for VAT :</p>
  50. <p>Price originally required for :</p>
  51. <p>Marriage Regime :</p>
  52. <p>Full name(s) of Seller(s) :</p>
  53. <p>Surname(s) :</p>
  54. <p>Identity numbers(s) or Company Registration no:</p>
  55. <p>Address :</p>
  56. <p>Email Address: </p>
  57. <p>Telephone number(s) :</p>
  58. <p>Income Tax Number(s) / VAT Number if shares are an enterprise asset for VAT :</p>
  59. <p>Price originally required for :</p>
  60. <p>Marriage Regime :</p>
  61. <p>Full name(s) of Purchaser(s) :</p>
  62. <p>Identity numbers(s) or Company Registration no: </p>
  63. <p>Address :</p>
  64. <p>Email Address :</p>
  65. <p>Telephone number(s) :</p>
  66. <p>Marriage Regime :</p>
  67. <p>Domicilum for purposes of receiving notices in terms of this agreement :</p>
  68. <p>
  69. ("the Purchaser") <br><br>
  70. and <br><br>
  71. [Entity_name] <br><br>
  72. Registration Number: [registrationNum] <br><br>
  73. <br><br>
  74. with registered address <br><br>
  75. <br><br>
  76. [physical_address] <br><br>
  77. <br><br>
  78. ("the Company") <br><br>
  79. </p>
  80. <p>
  81. IT IS HEREBY AGREED THAT: <br><br>
  82. 1. The Seller sells the share block(s) set out below subject to the terms and conditions in this agreement <br><br>
  83. 1.1. shares in [entity_name] with Registration Number [registrationNum] linked to share block number
  84. "GET FROM SITE" which gives the right to nights of occupation recurrent annually, during the time period
  85. as specified in the calendar attached hereto marked Annexure"E" and thereafter in accordance with the calendar that is published
  86. annually (after the school holidays for the following year have been Gazetted). <br><br>
  87. 1.2. The unit linked to the above share block has bedrooms and sleeps a maximum of adults and
  88. children under the age of twelve years old. <br><br>
  89. 1.3. Shareholders can utilize the common property and - facilities situated on [property_description] <br><br>
  90. 1.4. The first year's occupation date shall be <br><br>
  91. 2. The total purchase price for the time-module is GET AMOUNT FROM WEBSITE which shall be payable as follows: <br><br>
  92. 2.1. A deposit of GET AMOUNT FROM WEBSITE payable within Get hours from website hours of signature hereof and the balance of GET FROM WEBSITE payable on demand prior to registration of transfer. <br><br>
  93. or <br><br>
  94. The full amount of GET AMOUNT FROM WEBSITE shall be payable on demand. <br><br>
  95. 2.2. The purchase price shall be paid into the following account and shall be held in trust for the benefit of the Seller until
  96. such time as the transfer is finalised: <br><br>
  97. The purchase price shall be paid in cash / once off EFT into the following bank account: <br><br>
  98. </p>
  99. <br><br>
  100. [Banking Details]
  101. <p>
  102. 3. The current year's annual statutory levy in respect of the share block being purchased is
  103. Levies are payable in accordance with the provisions of the Use Agreement.<br><br>
  104. 4. The parties agree that "GET FROM WEBSITE" (agent name) of
  105. "GET FROM WEBSITE" (estate agency) was the effective cause of the transaction and that
  106. the Seller / Purchaser is responsible for the sales commission of "WEBSITE" calculated on the purchase price plus VAT, if applicable.
  107. Commission shall be due and payable on fulfillment of all conditions and subsequent transfer of the share(s) into the name of the
  108. Purchaser. <br><br>
  109. or <br><br>
  110. The contract was concluded between the Seller and the Purchaser and no sales commission is payable. The Purchaser warrants that no one introduced the Purchaser to the Seller in circumstances which could give rise to a claim for the payment of an introductory fee or selling commission. <br><br>
  111. 5. The transaction is subject to transfer duty, but may be exempt due to value (exemption currently below R900 000 (nine hundred thousand). The Seller and Purchaser agrees to sign and return the transfer duty declarations to the transfer secretary upon request. <br><br>
  112. 6. A transfer fee of [transfer_fee] (transfer_fee_words) shall be payable by the Seller / Purchaser to the transfer secratery on demand and transfer or registration is subject to payment of the fees. <br><br>
  113. 7. This contract shall be subject to and in accordance with the conditions of sale which are annexed hereto and which for all purposes form an integral part of this contract. <br><br>
  114. </p>
  115. <p>
  116. 8. The Purchaser's payment of a contribution to the levy fund established by the Company in the amount specified is subject to the provisions of the Use Agreement. <br><br>
  117. 9. By its signature hereto the Company accepts all rights which endure for its benefit in terms of this Contract. <br><br>
  118. </p>
  119. <p>
  120. Conditions of Sale <br><br>
  121. Definitions <br><br>
  122. For the purposes of the contract of sale and these conditions, unless the context indicates to the contrary: <br><br>
  123. ""Building""means the Company's building known as CONTRACT OF SALE OF SHARES <br><br>
  124. "Contract" means the contract of sale to which these conditions are attached; <br><br>
  125. "Unit" means the Unit specified in the Contract unless the context indicates the contrary; <br><br>
  126. "Purchaser" means the Purchaser in terms of the Contract or its successors in title; <br><br>
  127. "Seller" means the Seller in terms of the Contract or its successors in title; <br><br>
  128. "Share Block" means the share block or blocks sold in terms of the Contract entitling the Purchaser to the sole and exclusive right of use and occupation of the Unit; <br><br>
  129. "the Act" means the Share Blocks Control Act 59 of 1980, as amended or re-enacted and in force for the time being; <br><br>
  130. "Use Agreement" means the agreement between the Company and the Purchaser, which is Annexure "B" to the Contract. <br><br>
  131. Words or expressions defined in the Act shall have the meanings therein defined. <br><br>
  132. </p>
  133. <p>
  134. 1. Payment <br><br>
  135. 1.1. All amounts paid on account of the purchase price made prior to the effective date shall be deposited with _____________________________________________________________ who shall keep the money in trust with a registered bank, building society or other financial institution and any interest accruing thereon between the date of payment and the effective date shall, subject to the Purchaser discharging his obligations in terms of the Contract, accrue to the Purchaser.<br><br>
  136. 2. Loan obligation <br><br>
  137. 2.1. The loan obligation of the Company is stated in the statutory schedule and Annexure "B" to the Memorandum of Incorporation <br><br>
  138. 2.2. The Purchaser shall assume liability to the Company as prescribed in the Act for that portion of the loan obligation allocated to the Unit. <br><br>
  139. 3. Transfer of Shares and the Use Agreement <br><br>
  140. 3.1. Against compliance by the Purchaser with all its obligations hereunder and on instruction of the Seller that they’ve received the full purchase price or that they are satisfied with an undertaking to pay from an estate agent or attorney, the transfer secretary shall cause the shares which constitute the share block to be duly transferred into the name of the Purchaser. <br><br>
  141. 3.2. Simultaneously with the transfer of the shares into the name of the Purchaser, the Seller shall cede and assign to the Purchaser its rights and obligations under the Use Agreement.<br><br>
  142. 3.3. Simultaneously with such transfer, cession and assignment, the Purchaser will be deemed to have pledged such shares and the Use Agreement to the Company as security for the due and punctual payment by the Purchaser of the levy due in terms of its shareholding.<br><br>
  143. 4. Occupation and use <br><br>
  144. 4.1. From the effective date, the Purchaser shall be entitled to: <br><br>
  145. 4.1.1. the possesion, occupancy and use of the Unit; and <br><br>
  146. 4.1.2. the use of the common property, subject to the rights of the Shareholders. <br><br>
  147. 5. Purchaser's Acknowledgments <br><br>
  148. 5.1. The Purchaser acknowledges that:<br><br>
  149. 5.1.1. the share block is sold and purchased and the Use Agreement ceded and assigned voetstoots (as is) without any warranties or representations (other than those set out herein), either express or implied, and with all defects, if any, latent or patent, that may exist both in respect of the Company and the Company's assets;<br><br>
  150. 5.1.2. the Purchaser has inspected and is acquainted with the Company’s property and the standard of the buildings and the interior and knows where the specific unit is situated in relation to the facilities and other units and accepts the use thereof in terms of the Use Agreement voetstoots (as is);<br><br>
  151. </p>
  152. <p>
  153. 5.1.3. the Purchaser has seen, understood, accepted and agreed to be bound by and will duly observe the contents and provisions of:<br><br>
  154. 5.1.3.1. the Memorandum of Incorporation of the Company; and <br><br>
  155. 5.1.3.2. the Use Agreement; <br><br>
  156. 5.1.4. the Developer or the Managing Agent shall be entitled at all reasonable times to carry out such work on the property as it deems necessary, whether in respect of renovations, alterations, refurbishments, change of use or otherwise; <br><br>
  157. 5.1.5. the Purchaser shall not be entitled to sell or otherwise dispose of his share block save in accordance with the Memorandum of Incorporation and / or Use Agreement;<br><br>
  158. 5.1.6. as long as the Purchaser retains the right to occupy the Unit in accordance with the provisions of the Contract read together with the Use Agreement, the Purchaser shall have no right to claim repayment of any amount standing to his credit in any loan account in the books of the Company and he shall not be entitled to cede any such loan account or any portion thereof or any other such claim to any person other than a person to whom, in terms hereof, he may sell or otherwise dispose of the share block; <br><br>
  159. 5.1.7. no transfer shall be effected if the current occupation year’s levies are not paid in full. <br><br>
  160. </p>
  161. <p>
  162. 6. Seller's warranties <br><br>
  163. 6.1. The Seller warrants that: <br><br>
  164. 6.1.1. as at the effective date no person other than the Purchaser has any rights in respect of the share block whether by way of option or lien (security interest granted over an item of property to secure the payment of a debt or performance of some other obligation); <br><br>
  165. 6.1.2. he is not aware of litigation nor are there any arbitration proceedings pending against the Company that can have a material effect on the rights of the Purchaser; <br><br>
  166. 6.1.3. all contributions to the levy fund due and payable by the Seller (if any) to the Company for periods expiring on or before the effective date will have been duly paid; <br><br>
  167. 6.1.4. the principal liabilities of the Company as at the effective date will be the amounts disclosed in the statement as to material changes annexed hereto marked Annexure "D" subject to any liabilities incurred by the Company in the ordinary course of the conduct of its business since the date of such statement.<br><br>
  168. </p>
  169. <p>
  170. 7. Signature of documents <br><br>
  171. 7.1. The Purchaser undertakes within 10 (ten) days of being called upon to do so by the Seller or its agent: <br><br>
  172. 7.1.1. to sign and deliver to the Seller or its agent any document necessary to give effect to this agreement; <br><br>
  173. 7.1.2. to do all things necessary to give effect to this agreement;<br><br>
  174. 7.1.3. to pay and discharge any costs, including secretarial fees and / or taxes arising from and attributable to the transfer of shares and cession of the Use Agreement to the Purchaser;<br><br>
  175. 7.1.4 In the event that the share was pledged and the transfer is executed subject to default, the Purchaser irrevocably and in rem suam authorises the Company to sign and submit any documentation necessary to effect the transfer and the transfer secretary to transfer the shares. The Purchaser indemnifies the Company and / or transfer secretary or its agents against any claim which may be made or brought against it in respect of anything done pursuant to the a foregoing provision.<br><br>
  176. </p>
  177. <p>
  178. 8. General <br><br>
  179. 8.1. This document constitutes the sole record of the agreement between the parties<br><br>
  180. 8.2. No party shall be bound by any representation, warranty, promise or the like not recorded herein. <br><br>
  181. 8.3. No addition to, variation, or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.<br><br>
  182. 8.4. No indulgence which the Seller, Purchaser, Company or transfer secretary may grant any of the other parties shall constitute a waiver of any of the rights of the grantor who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.<br><br>
  183. </p>
  184. <p>
  185. 9. Breach and cancellation <br><br>
  186. 9.1. Should the Purchaser fail to pay any amount due and payable by him on due date or commit any other breach of the terms of the Contract or these conditions of sale, and remain in default 14 (fourteen) days after notifying him via email, sms or post calling upon him to pay or otherwise remedy such breach, the Seller shall be entitled to cancel this agreement, in which event all moneys paid by the Purchaser in terms of the Contract shall be forfeited to the Seller as agreed liquidated damages in respect of the Purchaser's breach of contract. This clause shall not prejudice any other right or action which the Seller may have against the Purchaser. <br><br>
  187. </p>
  188. <p>
  189. 9.2. If the Contract is cancelled in terms of clause 9.1:<br><br>
  190. 9.2.1. the Seller shall be entitled to institute proceedings for payment of any amount due in respect of the purchase consideration in terms of the Contract or otherwise to enforce the terms; <br><br>
  191. 9.2.2. the Purchaser shall be liable for the occupational consideration and levies payable in terms of the Contract up to the date upon which the Seller exercises its rights of cancellation; and <br><br>
  192. 9.2.3. the Purchaser shall not be entitled to occupation or possession of the Unit while he is in default of any of his obligations under the Contract, or as from the date of cancellation. <br><br>
  193. 9.3. All legal costs (including attorney/client costs) incurred by the Seller arising as a result of action or proceedings instituted in terms of this Contract shall be paid by the Purchaser. <br><br>
  194. </p>
  195. <p>
  196. 10. Domicilium and notices <br><br>
  197. 10.1. The parties choose domicilium citandi et executandi ("domicilium") as set out in the contract of sale. <br><br>
  198. 10.2. Each of the parties shall be entitled from time to time, by written notice to the other, to vary its domicilium. Any notice given and any payment made by either party to the other ("the addressee") which:<br><br>
  199. 10.2.1. is delivered by hand during normal business hours shall be presumed delivered at the time of delivery;<br><br>
  200. 10.2.2. is delivered by data message or fax, shall be presumed delivered the following business day;<br><br>
  201. 10.2.3. is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the tenth day after the date of posting. <br><br>
  202. </p>
  203. <p>
  204. Statutory Schedule <br><br>
  205. The following information relating to the Company is furnished pursuant to section 17 of the Share Blocks Control Act 59 of 1980.<br><br>
  206. 1. Name and address and incorporation <br><br>
  207. The Company's registered office is at [physical_address] and its postal address is [postal_address]. It was incorporated on [date_of_incorporation] <br><br>
  208. Finacial records are kept at this address<br><br>
  209. </p>
  210. <p>
  211. 2. Directors and management
  212. [director table]
  213. </p>
  214. <p>[rotation_of_directors_clause]</p>
  215. <p>
  216. Borrowing Powers <br><br>
  217. [borrowing_powers_clause]
  218. </p>
  219. <p>
  220. 3. Auditor <br><br>
  221. 3.1. "[auditors] of [auditors_address] <br><br>
  222. 4. Managing Agent and Secretarial function <br><br>
  223. The Share Block is managed by the Directors with operational functions and Company secretarial work sourced out to Vacation Recreational Services (Pty) Ltd (Registration Number: 2001/020162/07) (“[company_secretary]”). VRS has 17 years’ experience in resort management and secretarial work and manages 22 share blocks and 6 timesharing clubs.<br><br>
  224. Registered Address: Mooikloof Office Park East, Cnr. Atterbury and Jollify Main Road, Mooikloof, Pretoria, 0059. <br><br>
  225. Telephone Number: (012) 492 1232 Fax: (012) 996 0556 Email: propertyadmin@oaks.co.za <br><br>
  226. </p>
  227. <p>
  228. 5. Property
  229. "Portion 68 of the farm Ten Bosch No. 162-JU;<br><br>
  230. Registration Division: JU;<br><br>
  231. Measuring 3, 6323 hectares;<br><br>
  232. Held in terms of title deed T151398/2006<br><br>
  233. S.G. No. A459/1990;<br><br>
  234. Portion 78 of the farm Ten Bosch No. 162-JU;<br><br>
  235. Registration Division: JU;<br><br>
  236. Measuring 2, 0992 hectares;<br><br>
  237. Held in terms of title deed T151398/2006<br><br>
  238. S.G. No. A954/1994;<br><br>
  239. Portion 79 of the farm Ten Bosch No. 162-JU;<br><br>
  240. Registration Division: JU;<br><br>
  241. Measuring 2, 4805 hectares;<br><br>
  242. Held in terms of title deed T151398/2006<br><br>
  243. S.G. No. A955/1994;<br><br>
  244. Portion 80 of the farm Ten Bosch No. 162-JU;<br><br>
  245. Registration Division: JU;<br><br>
  246. Measuring 5, 0954 hectares;<br><br>
  247. Held in terms of title deed T151398/2006<br><br>
  248. S.G. No. A956/1994;
  249. <br><br>
  250. Portion 82 of the farm Ten Bosch No. 162-JU;<br><br>
  251. Registration Division: JU;<br><br>
  252. Measuring 3, 5432 hectares;<br><br>
  253. Held in terms of title deed T151398/2006<br><br>
  254. S.G. No. A958/1994;<br><br>
  255. "
  256. </p>
  257. <p>
  258. 5.1. The Company is the registered owner of the immovable property. <br><br>
  259. 5.2. The Property/ies are not encumbered by a bond. <br><br>
  260. 6. Loan Obligation <br><br>
  261. 6.1. The total amount of the Company's loan obligation, as reflected in its financial statements at the end of the accounting period contemplated in section 15(5)(b) and ended not more than nine months before the date of the contract.
  262. 6.2. The amount and terms of redemption of any loan comprised in the Company's loan obligation which, at the date contemplated in clause 6.1, may be redeemed otherwise than in accordance with a resolution contemplated in section 14(1) or upon the liquidation of the Company.
  263. 7. Insurance<br><br>
  264. 7.1. The property is insured by [insurers] in respect of the following risks: <br><br>
  265. Buildings: [insured_value] <br><br>
  266. Perils & SASRIA: [sasria_cover] <br><br>
  267. Public Liability: [public_liability] <br><br>
  268. 8. Documents accompanying the contract <br><br>
  269. 8.1. The schedule of Shares and Loan Obligation depicting shareholding by developer (Annexure "A" to the Contract).<br><br>
  270. 8.2. The Use Agreement (Annexure "B" to the Contract). <br><br>
  271. 8.3. The Management Regulations (Annexure "B.1" to the Contract).<br><br>
  272. 8.4. Deed of Pledge and Cession (Annexure “C” to the Contract)<br><br>
  273. 8.5. A copy of the latest Financial Statements of the Company (Annexure "D" to the Contract).<br><br>
  274. 8.6. Resort Occupation Calendar (Annexure “E” to the Contract).<br><br>
  275. </p>
  276. <p>Annexure "A"</p>
  277. <p>
  278. SCHEDULE OF SHARES AND LOAN OBLIGATION DEPICTING SHAREHOLDING BY DEVELOPER <br><br>
  279. Pursuant to item 7 © of Schedule 2 to the Act <br><br>
  280. 1. Shares held by the developer <br><br>
  281. All the shares comprising the share blocks set out in Annexure "B" to the Memorandum of Incorporation save those set out in clause 2 hereof.<br><br>
  282. 2. Shares linked to timesharing interests <br><br>
  283. The shares comprising the following share blocks: <br><br>
  284. [timeshare_interest]
  285. 3. Loan Obligation <br><br>
  286. Total Loan Obligation is: [loan_obligation] <br><br>
  287. </p>
  288. <p>
  289. Annexure "B"
  290. </p>
  291. <p>
  292. Annexure "B.1" <br><br>
  293. MANAGEMENT REGULATIONS <br><br>
  294. 1. Use of Company's property <br><br>
  295. 1.1. All holders shall ensure that their respective activities are and the uses of the property of the Company or any part thereof for all its services, facilities and amenities shall at all times be conducted and carried out with reasonable and diligent care and with due and proper consideration for the other holders of the Company. <br><br>
  296. 1.2. All holders shall ensure that their behaviour is such that they do not constitute a nuisance either in their own unit or elsewhere upon the premises which is likely to interfere with the quiet enjoyment of the other holders' use of their own units. <br><br>
  297. 2. Relating to Units
  298. 2.1. No holder and no occupant of any Unit shall, save with the prior written consent of the directors of the Company: <br><br>
  299. 2.1.1 erect any blinds or awnings: provided that in giving consent to the erection of blinds or awnings the directors shall be empowered to impose such conditions as they deem necessary in regard to the type and colour of any blind or awning to be erected with their permission; <br><br>
  300. 2.1.2. hold or permit any auction sale to be held on any portion of the premises; <br><br>
  301. 2.1.3. display any advertisement on or outside the building or any portion thereof;
  302. 2.1.4. park any vehicle in the grounds other than in an area demarcated as an area for the parking of vehicles; <br><br>
  303. 2.1.5. erect any tent or other structure on the Company's property or damage or remove any shrub, tree, plant in the garden or elsewhere in the property; <br><br>
  304. 2.1.6. permit any pet, or any other animal, bird, reptile or fish to remain in any portion of the premises which he is entitled to occupy, or elsewhere on the property of the Company;<br><br>
  305. 2.1.7. permit any of his possessions or the possessions of any member of his household or of any of his visitors or invitees, or any refuse or rubbish for the disposal of which he is responsible, to remain in any entrance or passage, staircase or other part of the property to which occupiers of the property have common access. <br><br>
  306. 2.2. No holder and no occupant of any Unit shall: <br><br>
  307. 2.2.1. expose from or otherwise make visible from any Unit or elsewhere any washing or articles being aired or cleaned or any garbage, refuse or refuse bin in a manner which the directors deem unsightly; <br><br>
  308. 2.2.2. deny the Company through its servants or nominees access to any Unit, parking bay or other part of the premises which the holder is entitled to occupy, for the purposes of inspection; <br><br>
  309. 2.2.3. neglect to make good any damage caused to the premises by him, his family, tenant, invitee or guest or any other person over whom he has control; <br><br>
  310. 2.2.4. neglect to repair within 3 (THREE) days any window pane in his Unit which is broken from whatsoever the cause (other than the wilful act of a servant of the Company); <br><br>
  311. 2.2.5. allow any part of the premises over which he has rights of occupation to become insanitary or accumulated with refuse, a danger to health or otherwise dirty or untidy; <br><br>
  312. 2.2.6. keep in the premises any materials of a dangerous or explosive nature, the keeping of which contravenes any statute or local regulation or by-law or constitutes a nuisance to occupants of other portions of the building, or renders or is likely to render void any insurance effected by the Company or would result in an increase in the rate of such insurance; <br><br>
  313. 2.2.7. permit anything to be done in such Unit or upon any other portion of the premises or property which constitutes a nuisance or an unreasonable invasion of the privacy of the other occupiers of the Company's premises, or permit or make any disturbance or allow his children, guests, tenants or any other person for whom he is responsible to make any disturbance or noise which in the opinion of the board of directors in their sole and absolute discretion would constitute an invasion of the right or privacy of the other occupiers of the Units. For the purposes of this regulation the directors shall be entitled to stipulate in writing the time or times at which any of the facilities on the Company's property may not be used, or may be used only by a certain class of occupants and any breach of such written stipulation shall constitute a breach of these regulations. <br><br>
  314. 2.3. Every holder and any occupant of any Unit shall:<br><br>
  315. 2.3.1. ensure that any drain pipes in or from such Unit shall be maintained, cleaned and unobstructed from time to time and shall forthwith in the event of their becoming obstructed, have same cleaned at his expense; <br><br>
  316. 2.3.2. ensure that all debris, refuse and litter is contained in a proper receptacle and is conveniently and readily available for removal by the appropriate authorities; <br><br>
  317. 2.3.3. at his own expense forthwith make good all damage done, whether accidentally or otherwise, to any part of the Company's property by him or any member of his household or any of his servants, invitees or guests. <br><br>
  318. </p>
  319. <p>
  320. 2.4. If a holder or any occupier commits any breach of any of the provisions of these management regulations and fails to repair or restore any part of the building in accordance with these regulations and persists in such failure notwithstanding 14 (FOURTEEN) days' written notice to him to remedy such default, his said breach or failure shall be deemed to constitute a breach of the use agreement and the Company shall be entitled to proceed in accordance therewith. For the purposes of these regulations, the term: <br><br>
  321. 2.4.1. "unit" means the Unit in respect of which a holder has the right of occupation and, unless the context indicates to the contrary; <br><br>
  322. 2.4.2. "holder" means, in relation to each Unit the person entitled to the use and occupation thereof in terms of the use agreement entered into with the Company and in terms of the Company's articles of association and shall also include any person to whom occupation of such Unit has been granted by the holder, as above defined, in terms of the holder's occupation agreement; and <br><br>
  323. 2.4.3. "building" means the residential building situated on the Company's property as defined in the use agreement. <br><br>
  324. 2.5. In the event of any conflict between the provisions of these regulations and the provisions of the use agreement, the latter shall prevail. <br><br>
  325. </p>
  326. <p>
  327. Annexure "C" <br><br>
  328. DEED OF PLEDGE AND CESSION <br><br>
  329. (a) the shares in Ngwenya 3 Share Block (Pty) Ltd (the Company) which are held by me and which comprise share block number add in the share block number; <br><br>
  330. (b) all claims which I have now or may at any time hereafter have against the Company as collateral security for my obligations in terms of the levies as arises from time to time and with which I may be in default and to pay to the Company any such amount in the event that I am in default and my shares are repossessed in terms of the Memorandum of Incorporation. In order more fully to implement and perfect the pledge I hereby cede, assign, transfer and make over to and in favour of the Company the said share block and all my said claims against the Company. <br><br>
  331. I appoint the Chairman of the Company or his / her nominee with power of substitution irrevocably and in rem suam (in his own interest) to be my true and lawful attorney and upon default by me in respect of my obligations to the Seller in my name, place and stead to sell, realise or otherwise deal with the said shares and my claims against the Company, and to sign all the necessary documents for the purposes of transferring the said shares and ceding the said claims so sold to the person purchasing or otherwise acquiring them. And generally for effecting the purposes aforesaid I authorise the Chair or his / her representative, on my behalf to do whatever shall be requisite in all respects as validly and effectually as if done by me personally and I hereby undertake and agree to ratify, confirm and approve whatever my agent may lawfully do by virtue of the powers afforded in terms hereof.<br><br>
  332. This pledge and cession shall endure for as long as any part of my indebtedness referred to above is owing by me to the Company <br><br>
  333. </p>
  334. <p>
  335. [signature image]
  336. </p>
  337. <p>
  338. Annexure "D"
  339. FINANCIAL STATEMENTS
  340. </p>
  341. <p>
  342. Annexure "D"
  343. RESORT OCCUPATION CALENDAR
  344. </p>
  345. <p>
  346. </p>
  347. </div>
  348. </div>
  349. </div>
  350. @stop