PARTICULARS OF SUBJECT PROPERTY TITLE : The strata title for the subject property has not been issued. PARENT TITLE / LOT NO : Geran 336, Lot No.266 TOWN/DISTRICT/STATE : Ceras / Hulu Langat / Selangor Darul Ehsan TENURE : Freehold (Interest in perpetuity) FLOOR AREA : 88.4 square metres (952 square feet) DEVELOPER/VENDOR : KEB Netiizen Sdn Bhd (1026339-K) PROPRIETOR : ▇▇▇▇ ▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇ Her & ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ASSIGNOR : ▇▇▇ ▇▇▇▇ ▇▇▇ ENCUMBRANCES : Assigned to RHB Bank Berhad [196501000373 (6171-M)] The subject property is located within Netizen Residensi, Lebuh Utama ▇▇▇ ▇▇▇▇▇▇▇ Onn, Cheras, Selangor Darul Ehsan. The subject property is a small office home office (SOHO) with two car parking bays identified as Parcel/Unit No.A-36-18, Type A4-L, Storey No.Level 36, Building No.Block A, together with an Accessory Parcel No. Car park bay Nos.4-97 & 4-98 both within Level 4, and bearing postal address at ▇▇▇▇ ▇▇.▇-▇▇-▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ Onn, 43200 Cheras, Selangor Darul Ehsan. The subject property will be sold “as is where is basis” and subject to a reserve price of RM 405,000.00 ( RINGGIT MALAYSIA: FOUR HUNDRED AND FIVE THOUSAND ONLY) subject to the Conditions of Sale and by way of an Assignment from the above Assignee subject to consent being obtained by the successful bidder(“the Purchaser”) from the relevant authorities, if any, including all terms, conditions, stipulation and covenants which were and may be imposed by the relevant authority. All other fees, costs and charges relating to the transfer and assignment of the property shall be borne solely by the successful bidder (“the Purchaser”). Online bidders are further subject to the Terms & Conditions on ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ All intending bidders are required to deposit 10% of the fixed reserve price by bank draft/ cashier’s order only in favour of RHB Bank Berhad prior to the auction sale with the under mentioned Auctioneer and the balance of the purcLhase price is to be settled within ninety (90) days from the date of auction to RHB Bank Berhad via ▇▇▇▇▇▇. Details of payment via ▇▇▇▇▇▇, please liaise with Messrs ▇▇▇▇▇▇▇ ▇▇▇ & ▇▇▇▇. For further particulars, please contact MESSRS ▇▇▇▇▇▇▇ ▇▇▇ & ▇▇▇▇, Solicitors for Assignee herein whose address is at ▇-▇▇-▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇.▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇, 50450 Kuala Lumpur. Tel: ▇▇-▇▇▇▇ ▇▇▇▇ / Fax: ▇▇-▇▇▇▇ ▇▇▇▇ (Ref: 37929/RHB) or under mentioned Auctioneer. Dalam menjalankan ▇▇▇ ▇▇▇ kuasa ▇▇▇▇ diberi kepada Pihak Pemegang Serah ▇▇▇ ▇▇▇ di bawah Perjanjian Kemudahan, Surat Ikatan Penyerahan Hak (Penyerahan Hak Pihak Pertama) ▇▇▇ Surat Kuasa Wakil (Pihak Pertama) kesemunya bertarikh 17hb April 2019di antara Pihak Pemegang Serah ▇▇▇ ▇▇▇ Pihak Penyerah ▇▇▇ ▇▇▇ dalam Perjanjian Jual Beli antara Pihak Penyerah Hak ▇▇▇ ▇▇▇ Netiizen Sdn Bhd bertarikh 01hb April 2019, adalah dengan ini diisytiharkan bahawa Pihak Pemegang ▇▇▇▇▇ ▇▇▇ dengan dibantu oleh ▇▇▇▇▇▇▇▇ yang tersebut di bawah.
Ground Lease (a) Each Ground Lease contains the entire agreement of the Borrower or the applicable Subsidiary Guarantor and the applicable owner of the fee interest in such Unencumbered Property (the “Fee Owner”), pertaining to the Unencumbered Property covered thereby. With respect to Unencumbered Property subject to a Ground Lease, the Borrower and the applicable Subsidiary Guarantors have no estate, right, title or interest in or to the Unencumbered Property except under and pursuant to the Ground Lease or except as may be otherwise approved in writing by Agent. The Borrower has delivered a true and correct copy of the Ground Lease to the Agent and the Ground Lease has not been modified, amended or assigned, with the exception of written instruments that have been recorded in the applicable real estate records for such Unencumbered Property. (b) The applicable Fee Owner is the exclusive fee simple owner of the Unencumbered Property, subject only to the Ground Lease and all Liens and other matters disclosed in the applicable title policy for such Unencumbered Property subject to the Ground Lease, and the applicable Fee Owner is the sole owner of the lessor’s interest in the Ground Lease. (c) There are no rights to terminate the Ground Lease other than the applicable Fee Owner’s right to terminate by reason of default, casualty, condemnation or other reasons, in each case as expressly set forth in the Ground Lease. (d) Each Ground Lease is in full force and effect and, to Borrower’s knowledge, no breach or default or event that with the giving of notice or passage of time would constitute a breach or default under any Ground Lease (a “Ground Lease Default”) exists or has occurred on the part of a Borrower or a Subsidiary Guarantor or on the part of a Fee Owner under any Ground Lease. All base rent and additional rent, if any, due and payable under each Ground Lease has been paid through the date hereof and neither Borrower nor any Subsidiary Guarantor is required to pay any deferred or accrued rent after the date hereof under any Ground Lease. Neither Borrower nor a Subsidiary Guarantor has received any written notice that a Ground Lease Default has occurred or exists, or that any Fee Owner or any third party alleges the same to have occurred or exist. (e) The Borrower or applicable Subsidiary Guarantor is the exclusive owner of the ground lessee’s interest under and pursuant to each Ground Lease and has not assigned, transferred or encumbered its interest in, to, or under the Ground Lease, except to Agent under the Loan Documents.
Triple Net Lease Landlord and Tenant acknowledge that, to the extent provided in this Lease, it is their intent and agreement that this Lease be a “TRIPLE NET” lease and that as such, the provisions contained in this Lease are intended to pass on to Tenant or reimburse Landlord for the costs and expenses reasonably associated with this Lease, the Building and the Project, and Tenant’s operation therefrom to the extent provided in this Lease. To the extent such costs and expenses payable by Tenant cannot be charged directly to, and paid by, Tenant, such costs and expenses shall be paid by Landlord but reimbursed by Tenant as Additional Rent.
Leasehold Interests Each lease or agreement to which the Company is a party under which it is a lessee of any property, real or personal, is a valid and subsisting agreement without any default of the Company thereunder and, to the best of the Company's knowledge, without any default thereunder of any other party thereto. No event has occurred and is continuing which, with due notice or lapse of time or both, would constitute a default or event of default by the Company under any such lease or agreement or, to the best of the Company's knowledge, by any other party thereto. The Company's possession of such property has not been disturbed and, to the best of the Company's knowledge, no claim has been asserted against the Company adverse to its rights in such leasehold interests.
Operating Lease (i) Each Borrower shall (a) promptly perform and observe all of the covenants required to be performed and observed by it under the Operating Leases and do all things necessary to preserve and to keep unimpaired its material rights thereunder; (b) promptly notify Lender of any material default under any Operating Lease of which it is aware; (c) promptly deliver to Lender a copy of any notice of default or other material notice under any Operating Lease delivered to any Operating Lessee by Borrower; (d) promptly give notice to Lender of any notice or information that Borrower receives which indicates that an Operating Lessee is terminating its Operating Lease or that any Operating Lessee is otherwise discontinuing its operation of the applicable Individual Property; and (e) promptly enforce the performance and observance of all of the material covenants required to be performed and observed by the Operating Lessee under the applicable Operating Lease. (ii) If at any time, (A) an Operating Lessee shall become insolvent or a debtor in a bankruptcy proceeding or (B) Lender or its designee has taken title to an Individual Property by foreclosure or deed in lieu of foreclosure, has become a mortgagee-in-possession, has appointed a receiver with respect to the applicable Individual Property or has otherwise taken title to such Individual Property, Lender shall have the absolute right to (and Borrower and Operating Lessee shall reasonably cooperate and not in any way hinder, delay or otherwise interfere with Lender’s right to), immediately terminate the applicable Operating Lease under and in accordance with the terms of the applicable Subordination, Attornment and Security Agreement. (iii) Borrower shall not, without the prior written consent of Lender, which consent shall not be unreasonably withheld: (a) surrender, terminate or cancel any Operating Lease or otherwise replace any Operating Lessee or enter into any other operating lease with respect to any Individual Property, provided, however, at the end of the term of each Operating Lease, the applicable Borrower may renew such Operating Lease or enter into a replacement Operating Lease with Operating Lessee on substantially the same terms as the expiring Operating Lease except that Lender shall have the right to approve any material change thereto; (b) reduce or consent to the reduction of the term of any Operating Lease; or (c) enter into, renew, amend, modify, waive any provisions of, reduce Rents under, or shorten the term of any Operating Lease.