32
CAP. 219]
Conveyancing and Property
[1988 Ed.
assigned or any person deriving title under such person execute and do all such lawful acts, assurances and things for further or more perfectly assuring the land and every part thereof to the person to whom the land is expressed to be assigned and to those deriving title under him (subject to the manner in which the assignment is expressed to be made) as by him or any such person may be reasonably required.
PART IV
COVENANT FOR TITLE IMPLIED IN AN ASSIGNMENT BY A PERSON WHO
IS EXPRESSED TO ASSIGN AS TRUSTEE, CONFIRMOR, MORTGAGEE, LEGAL CHARGEE, PERSONAL REPRESENTATIVE OR UNDER AN ORDER OF COURT
That the person so assigning has not executed or done, or knowingly suffered, or been party or privy to, any deed or thing, whereby or by means whereof the land or any part thereof, is or may be impeached, charged, affected or incumbered in title, estate or otherwise or whereby or by means whereof the person who so conveys is in any way hindered from assigning the land or any part thereof in the manner in which it is expressed to be assigned.
PART V
COVENANTS FOR TITLE IMPLIED IN A LEGAL CHARGE BY
A PERSON WHO IS EXPRESSED TO CHARGE AS
BENEFICIAL OWNER (“THE BORROWER”)
1.
That the Crown lease is good, valid and subsisting.
2.
That, so far as the same relate to the land mortgaged-
3.
4.
5.
(a) the premium or other money (if any) and the Crown rent payable under and reserved by
the Crown lease have been paid; and
(b) the covenants, terms and conditions contained in the Crown lease and any Deed of Mutual
Covenant have been observed and performed,
up to the date of the legal charge and will continue to be paid, observed and performed during the subsistence of the legal charge.
(Replaced, 31 of 1988, s. 26)
That the borrower now has good right and title to charge the land free from incumbrances save as specified in the legal charge and subject to the manner in which the charge is expressed to be made.
That, upon the lender being entitled so to do under the terms of the legal charge, the land may be quietly entered into and during the residue of the term created by the Crown lease (and any renewal thereof) held and enjoyed by the lender without any lawful interruption or disturbance by the borrower, any person charging by his direction or any person rightfully claiming through, under or in trust for the borrower (other than in respect of an estate or interest subject to which the legal charge is expressly made).
That the borrower and any person charging the land by his direction and any person deriving title under them and any other person having or rightfully claiming any estate or interest in the land or any part thereof (other than an estate or interest subject whereto the legal charge is expressly made) shall from time to time and at all times at the request of the lender or any person deriving title under him at the cost, until sale of the land in accordance with the legal charge, of the borrower and, after such sale, at the cost of the person making the request execute and do all such lawful acts assurances and things for further or more perfectly assuring the land and every part thereof to the lender and to those deriving title under him (subject to the manner in which the legal charge is expressed to be made) as by the lender or any such person may be reasonably required.
SECOND SCHEDULE
s. 36]
COVENANTS AND CONDITIONS WHICH MAY BE INCORPORATED BY REFERENCE
PART A
(In an Agreement for Sale of a Residential, Commercial, Industrial or Other Unit in a Completed Building)
1. RENTS, OUTGOINGS AND APPORTIONMENTS
The rents and profits shall be received and all outgoings shall be discharged by the vendor up to and inclusive of the actual day of completion, and as from but exclusive of that day all outgoings shall be