Common use of Security and Charge Clause in Contracts

Security and Charge. 17.1 Despite anything to the contrary contained herein or any other rights which the Seller may have howsoever, where the Buyer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Buyer and/or the Guarantor agree to mortgage and/or charge all of their join and/or several interest in the said land, realty or any other asset to the Seller or the Seller’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Buyer and/or the Guarantor acknowledge and agree that the Seller (or the Seller’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met. 17.2 Should the seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Buyer and/or Guarantor shall indemnify the Seller from and against all the Seller’s costs and disbursements including legal cost on a solicitor and own client basis. 17.3 The Buyer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Seller or the Seller’s nominee as the Buyer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 17.

Security and Charge. 17.1 18.1. Despite anything to the contrary contained herein or any other rights which the Seller may have howsoever, : (a) where the Buyer Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Buyer Client and/or the Guarantor agree to mortgage and/or charge all of their join joint and/or several interest in the said land, realty or any other asset to the Seller or the Seller’s Seller‟s nominee to secure all amounts and other monetary obligations payable under these the terms and conditions. The Buyer Client and/or the Guarantor acknowledge and agree that the Seller (or the Seller’s Seller‟s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn released once all payments and other monetary obligations payable hereunder have been met. 17.2 Should (b) should the seller Seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Buyer Client and/or Guarantor shall indemnify the Seller from and against all the Seller’s Seller‟s costs and disbursements including legal cost costs on a solicitor and own client basis. 17.3 The Buyer (c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Seller or the Seller’s Seller‟s nominee as the Buyer’s Client‟s and/or Guarantor’s Guarantor‟s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 1716.1.

Security and Charge. 17.1 16.1 Despite anything to the contrary contained herein or any other rights which the Seller seller may have howsoever, where : a) Where the Buyer buyer and/or the Guarantor guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Buyer buyer and/or the Guarantor guarantor agree to mortgage and/or charge all of their join joint and/or several interest in the said land, realty or any other asset to the Seller seller or the Seller’s sellers nominee to secure all amounts and and/or other monetary obligations payable under these the terms and conditions. The Buyer buyer and/or the Guarantor guarantor acknowledge and agree that the Seller seller (or the Sellerseller’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn released once all payments and other monetary obligations payable hereunder have been met. 17.2 b) Should the seller elect to proceed in any manner in accordance with this this clause and/or its sub-clauses, the Buyer buyer and/or Guarantor guarantor shall indemnify the Seller seller from and against all the Sellerseller’s costs and disbursements including legal cost costs on a solicitor and own client basis. 17.3 c) The Buyer buyer and/or the Guarantor guarantor (if any) agree to irrevocably nominate constitute and appoint the Seller seller or the Sellerseller’s nominee as the Buyer’s buyer and/or Guarantorguarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 1716.1.

Security and Charge. 17.1 16.1 Despite anything to the contrary contained herein or any other rights which the Seller may have howsoever, : a) where the Buyer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Buyer and/or the Guarantor agree to mortgage and/or charge all of their join joint and/or several interest in the said land, realty or any other asset to the Seller or the Seller’s 's nominee to secure all amounts and other monetary obligations payable under these the terms and conditions. The Buyer and/or the Guarantor acknowledge and agree that the Seller (or the Seller’s 's nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn released once all payments and other monetary obligations payable hereunder have been met. 17.2 Should b) should the seller Seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Buyer and/or Guarantor shall indemnify the Seller from and against all the Seller’s 's costs and disbursements including legal cost costs on a solicitor and own client basis. 17.3 The c) the Buyer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Seller or the Seller’s 's nominee as the Buyer’s 's and/or Guarantor’s 's true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 1716.1.

Security and Charge. 17.1 Despite anything to the contrary contained herein or any other rights which the Seller may have howsoever, where the Buyer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Buyer and/or the Guarantor agree to mortgage and/or charge all of their join and/or several interest in the said land, realty or any other asset to the Seller or the Seller’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Buyer and/or the Guarantor acknowledge and agree that the Seller (or the Seller’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met. 17.2 Should the seller Seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Buyer and/or Guarantor shall indemnify the Seller from and against all the Seller’s costs and disbursements including legal cost on a solicitor and own client basis. 17.3 The Buyer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Seller or the Seller’s nominee as the Buyer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 17.