Certificate of Title The Receivable File related to such Receivable contains the original Certificate of Title (or a photocopy or image thereof) or evidence that an application for a Certificate of Title has been filed.
Special Warranty of Title Seller shall warrant and defend the title to the Properties conveyed to Buyer against every person whomsoever lawfully claiming the Properties or any part thereof by, through or under Seller or its Affiliate, but not otherwise.
Warranty of Title Seller warrants that at the time of signing this Agreement, Seller neither knows, nor has reason to know, of the existence of any outstanding title or claim of title hostile to the rights of Seller in the goods.
Notice of Title Defects (a) If Buyer discovers any Title Defect affecting any Asset, Buyer shall notify Seller as promptly as possible, but no later than the expiration of the Examination Period of such alleged Title Defect. To be effective, such notice must (i) be in writing, (ii) be received by Seller by 5:00 p.m. Central Standard Time on the expiration date of the Examination Period and (iii) describe the Title Defect in reasonable detail, to the extent then reasonably known by Buyer (including the estimated value of such Title Defect as determined by Buyer). Any matters that may otherwise constitute Title Defects, but of which Seller has not been notified by Buyer in accordance with the foregoing, shall be deemed to have been waived by Buyer for all purposes and shall constitute Permitted Encumbrances. (b) Upon the receipt of such effective notice from Buyer, Seller, at Seller’s option, shall (i) subject to Section 3.05(a), attempt to cure such Title Defect at any time prior to the Closing or (ii) exclude the affected Asset from the sale and reduce the Purchase Price by the Allocated Value of such affected Asset as set forth on Exhibit C. (c) The value attributable to each Title Defect (the “Title Defect Value”) that is asserted by Buyer in the Title Defect notices shall be determined based upon the criteria set forth below: (i) If the Title Defect is a lien upon any Asset, the Title Defect Value is the amount reasonably expected to be necessary to be paid to remove the lien from the affected Asset. (ii) If the Title Defect asserted is that the Net Revenue Interest attributable to any Well or unit or Well location is less than that stated in Exhibit C or the Working Interest attributable to any Well or unit or Well location is greater than that stated in Exhibit C, then the Title Defect Value shall take into account the relative change in the interest from Exhibit C and the appropriate Allocated Value attributed to such Asset. (iii) If the Title Defect represents an obligation, encumbrance, burden or charge upon the affected Asset (including any increase in Working Interest for which there is not a proportionate increase in Net Revenue Interest) for which the economic detriment to Buyer is unliquidated, the amount of the Title Defect Value shall be determined by taking into account the Allocated Value of the affected Asset, the portion of the Asset affected by the Title Defect, the legal effect of the Title Defect, the potential discounted economic effect of the Title Defect over the life of the affected Asset. (iv) If a Title Defect is not in effect or does not adversely affect an Asset throughout the entire productive life of such Asset, such fact shall be taken into account in determining the Title Defect Value. (v) The Title Defect Value shall be determined without duplication of any costs or losses included in another Title Defect Value hereunder. (vi) Notwithstanding anything herein to the contrary, in no event shall a Title Defect Value exceed the Allocated Value of the W▇▇▇▇, units or other Assets affected thereby. (vii) Such other factors as are reasonably necessary to make a proper evaluation.
PARTICULARS OF TITLE The strata title for the subject property has yet to be issued. DEVELOPER’S PARCEL NO: L10-071, Storey No. 10, Elements Mall @ Hatten City FLOOR AREA: (Unit) approximately 18 square metres (193.7 square feet) VENDOR (DEVELOPER): Fuyuu Resources Sdn. Bhd. TENURE: Leasehold for 99 years expiring on 19th day of June, 2110 The subject property is a retail shop lot bearing postal address of Unit No. L10-071, Elements Mall @ Hatten City, ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇. The subject property will be sold on an “as is where is basis” and subject to a reserve price of RM90,000.00 (RINGGIT MALAYSIA NINETY THOUSAND ONLY) and subject to the Conditions of Sale and by way of an Assignment from the above Assignee/Bank subject to the consent being obtained by the Purchaser from the Developer and other relevant authorities if any, including all terms, conditions, stipulations and covenants which were and may be imposed by the Developer and the relevant authorities. Any arrears of quit rent, assessments and service or maintenance charges which may be lawfully due to any relevant authority or the Developer up to the date of auction sale of the property shall be paid out of the purchase money upon receipt of full purchase price. All other fees, costs and charges relating to the transfer and assignment of the property shall be borne by the successful Purchaser. All intending bidders are required to deposit 10% of the fixed reserve price for the said property by Bank Draft or ▇▇▇▇▇▇▇’s Order in favour of UOBM for ▇▇▇ ▇▇▇▇ ▇▇▇ & ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ on the day of auction sale. The balance of the purchase money shall be paid by the Purchaser within one hundred and twenty (120) days from the date of auction sale to UNITED OVERSEAS BANK (MALAYSIA) BHD via Real Time Electronics Transfer of Funds and Securities (▇▇▇▇▇▇). Online bidders are further subject to the Terms and Conditions on ▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇.▇▇. FOR FURTHER PARTICULARS, please contact M/S Khaw & Partners, of ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, No. 69, Jalan Raja Chulan, 50200 Kuala Lumpur [Ref No. 390/229/30849/2024, Tel No. ▇▇-▇▇▇▇▇▇▇▇] the Assignee herein or the undermentioned Auctioneer UNITED OVERSEAS BANK (MALAYSIA) BHD [199301017069 (271809-K)] PIHAK PEMEGANG SERAHHAK/BANK ▇▇▇ Dalam menjalankan ▇▇▇ ▇▇▇ kuasa ▇▇▇▇ telah diberikan kepada Pihak Pemegang Serahhak/Bank dibawah Perjanjian Pinjaman Selaku Penyerahanhak ▇▇▇ Surat Kuasa Wakil kedua-duanya yang bertarikh 11 haribulan November, 2013 diantara Pihak Pemegang Serahhak/Bank ▇▇▇ Pihak Penyerahhak/Peminjam yang diperbuat dalam perkara diatas, adalah dengan ini diisytiharkan bahawa Pihak Pemegang Serahhak/Bank tersebut dengan bantuan Pelelong yang tersebut dibawah Secara alternatif, penawar yang berminat boleh mengemukakan bidaan untuk Hartanah atas talian (“online”) melalui ▇▇▇▇▇ web ▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇.▇▇ (Untuk bidaan atas talian, ▇▇▇▇ daftar sekurang-kurangnya satu (1) hari bekerja sebelum hari lelongan untuk tujuan pendaftaran & pengesahan) PENAWAR ATAS TALIAN ADALAH SELANJUTNYA TERTAKLUK KEPADA TERMA-TERMA ▇▇▇ SYARAT-SYARAT DI ▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇.▇▇