Contract of Sale/Section 32

29
DATED 2009 LORNA DOROTTIY PERRY to COI{TRACT OF SALE OF REAL ESTATE Property: 29 Leonard Street, Burwood Russo & Russo Ptyl,td Solicitors 150 Sydney Road Bruns rvick 3056 Tel: 9387 8022 DX: 95615 Brunswick Fax: 9387 5604 Ref: PR:2009:150 perry2009l50\d\co tact doc - 05/06,2009

description

29 Leonard St Burwood

Transcript of Contract of Sale/Section 32

Page 1: Contract of Sale/Section 32

DATED 2009

LORNA DOROTTIY PERRY

to

COI{TRACT OF SALE OF REAL ESTATE

Property: 29 Leonard Street, Burwood

Russo & Russo Pty l,tdSolicitors

150 Sydney RoadBruns rvick 3056

Tel: 9387 8022DX: 95615 Brunswick

Fax: 9387 5604Ref: PR:2009:150

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Page 2: Contract of Sale/Section 32

CONTRACT OF SALE OF REAL ESTATEPARTICULARS OF SALE

Part I ofthe standard form ofcontracl prescribed by theEstate Agents (Contracts) Regulations 2fi)E

SIGNING OF THIS CONTRACT

SIGNED BY THE PURCIIASER

print name ofperson signingstate nature of authority if applicable

on............ /....,... 12009

(e.g. 'dircctor', "aitorney under power ofattomey',)

This offer will lapse unless accepted within [ ] clear business days (3 days ifnone specified)

SIGNED BY THE VENDOR

LORNA DOROTHY PERRY

on............ /........ /2009

The vendor sells and the purchaser buys the property, U"ing m@conditions set out in this contracl.

of t}ris contract. The parties should ensure that when they sign the contract they receive a copy of theVendor's Statement, the gengral conditions and any special conditions.

The terms of this contract are contained in the:* Particulars ofsale;* Special conditions, if any;* General conditions; and* Vendor's Statement

and in that order of priority.The Vendor's Statement required by section 32(1) of the Sale ofLand Act 1962 is attached to and forrns part

The authority ofa person signing:under power of attomey; oras director of a corporation; oras agent authorised in writing by one of the partiesmust be noted beneath the signature.

Any person whose signature is secured by an estate agent acknowledges being given by the agent at the timeofsigning a copy ofthis contract comprising:

*Form I (Contract of Sale ofReal Estate - particulars of Sale);*Special Conditions, if any;*Form 2 (Contract of Sale of Real Estate _ General Conditions);aVendor's Statement.

The DAY OF SALE is the date by which both parties have signed this contract.IMPORTANT NOTICE TO PURCHASERS

Cooling-off period Section 31 Sale ofLand Act 1962You may end this contract within 3 clear business days ofthe day that you sign the contract if none oftheexceptions listed below applies to you. You must either give the vendor or lhe vendols agent written noticethat you are ending the contract or leave the notice at the address ofthe vendor or the venlor's agent to endthis contract within this time in accordance with this cooling-offprovision. you are enlitled to ;fund of allthe money you paid EXCEPT for $100 or 0.2% ofthe purchase price (whichever is more) ifyou end thecontract in this way.EXCEPTIONS - The 3-day cooling-offperiod does not apply if-' you bought the property at or within 3 clear business days before or after a publicly advertised auction;' you received independent advice from a legal practitioner before signing the contrait;. the property is used mainly for industrial or commercial purposes;. the property is more than 20 hectares in size and is used mainly for farming;. you and the vendor previously signed a similar contract for the same property; or. you are an estate agent or a

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PARTICULARS OF SALEVendor's Estate Agent:PauI ()sbr;rncof SECRET AGENTI'el: 0402 l81 9.19

Vendor:

LORNA DOROTHY PBRRYof 29 l.eonarri Sti i:ct" i lur* ood i 1 25

Vendor's Legal Practitioner or Conveyancer:

RUSSO & R.TJSSO PTY I-TDof I 50 51r1ne-r Roari Biunsu icli -1056DX 9-,{615 Bl{L,l'ililir ii K. \/le fOItiA' l c i : 9 l t7 80l lEmail: lar.i ( i i l rLrsso-russo. coll .:1Li

Purchaser:

Purchaser's Legal Practitioner or Conveyrncer:

Property Address:

29 Leonard Street, Burwood

Land:The land is described -. in the attached copy title. and plan. as Volume 8l3l Fol io 281and includes all improvements and fixtures

Goods: (list or attach schedule):All fittings and fixtures as inspectedPayment Price $

Deposit $

Fa r :

I 'ax: 9 i87 5504

0.000.00 by (of which $

Ref: PR:l(X,)q: i 50

has been paid)

Balance $ 0.00 payable at settlement

GST (refer to general condition 13)The price includes GST (if any) unless the words 'plus GST' appear in this box:

Ifthis is a sale ofa 'farming business' or 'going concem' then add the words 'farming business' or 'goingconcern' in this box:

If the margin scheme will be used to calculate GST then add the words 'margin scheme' in this box:

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PARTICULARS OF SALE continued

Settlement

is due on

unless the land is a lot on an unregistered plan ofsubdivision, in which case settlement is due on the above

date or 14 days after the vendor lives noii.. to the purchaser of registration of the plan, whichever is the

later.At settlement the purchaser is entitled to vacant possession ofthe property unless the words 'subject to

lease' appear in this box:

in which case refer to general condition 1.1. If'subject to lerse' then particulars of the lease are :

If this contract is intended to be a terms contract within the meaning ofthe sale of Land Act 1962 then add

the words 'terms contract' in this box :

and refer to general condition 23 and add any further provisions by way ofspecial conditions

EncumbrancesThis sale is NOT subject to an existing mortgage rmless the words 'subject to existing mortgage' appear in

this box:

If the sale is 'subject to existing mortgage' then particulars of t}le mortgage are :

Special ConditionsTiris contract does not include any special conditions unless the words 'special conditions' appear in this

box

Loan (refer to general condition 14)The following-details apply if this contract is subject to a loan being approved'

Lender:Loan amountApproval date:

$0.00

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CONTRACT OF SALE OF REAL ESTATE-GENERAL CONDITIONS

Part 2 of the strndard forn of contract prescribed by theEstate Agents (Contracts) Regulations 200E

TITLE

l. Encumbrances1.1 The purchaser buys the property subject to:

(a) any encumbrance shown in the Vendor's Statement other than mortgages or caveats; and(b) any reservations in the crown grant; and(c) any lease referred to in the particulars of sale.

1.2 The purchaser indemnifies the vendor against all obligations under any lease that are to be perforrnedby the landlord after settl€ment.

I .3 if the particulars of sale provide that the purchaser is taking over an existing mortgage:(a) the purchaser assumes liability for the mortgage; and(b) the price is satisfied to the extent ofany motgage money owing at ssttlemont; and(c) the vendor must treat any payment made by the purchaser under the mortg€e as a payment

made to the vendor under this contract.

2. Vendor warranties2.1 The vendor warrants that these general conditions 1 to 28 are identical to the general conditions I to 28

in the standard form of contract of sale of real estate prescribed by the Estate Agents (Contracts)Regulations 2008 for the purposes of section 53A ofthe Estate Agents Act 1980.

2-2 The waranties in general conditions 2.3 and 2.4 rcplace the purchaser's right to make requisitions andinquiries.

2.3 The vendor warrants that the vendor:(a) has, or by the due date for settlement will have, the dght to selt the land; andO) is under no legal disability; and(c) is in possession ofthe land, either penonally or through a tenant; and(d) has not previously sold or granted any option to purohase, agr€ed to lease or granted a pre-

emptive right which is current over the land and which gives another party rights which havepriority over the interest ofthe purchaser; and

(e) will at settlement be the holder ofan unencumbered estate in fee simple in the land; and(0 will at s€ttlement be the unencumbered owner of any improvements, fxtures, fittings and

goods sold with tlrc land.2.4 The vendor further warants that the vendor has no knowledge ofany ofthe following:

(a) public rights ofway over the land;(b) easements over the land;(c) lease or other possessory agreement affecting the land;(d) notice or order affecting the land which will not be dealt with at settlement, other than the

usual rate notices and any land tax notices;(e) legal proceedings which would render the sale ofthe land void or voidable or capable ofbeing

set aside.2.5 The warranties in general conditions 2.3 and 2.4 are subj€ct to any contrary provisions in this contract

and disclosures in the Vendor's Statement.2.6 Ifsections l37B and 137C ofthe Building Act 1993 apply to this contract, the vendor warrants that:

(a) all domestic building work carried out in relation to the construction by or on behalf of thevendor ofthe home was carried out in a proper and workmanlike manner; and

O) all materials used in that dom€stic building work were good and suitable for tlle purpose forwhich they were used and that, unless otherwise stated in the contmcl those materials werenew: and

(c) domestic building work was carried out in accordance with all laws and legal requirements,including, without limiting the generality of this warranty, the Building Act 1993 andregulations made under the Building Act 1993.

2.7 Words and phrases used in general condition 2.6 which are defined in the Building Act 1993 have th€same meaning in general condition 2.6.

3. Identity of the land3,1 An omission or mistake in the description, measurements or area of the land does not invalidate the

sale.3.2 The purchaser may not:

(a) make any objection or claim for compensation for any alleged misdescription ofthe propertyor any deficiency in its area or measurements; or

(b) require the vendor to amend title or pay any cost ofamending title.

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4. Services4.1 The vendor does not represent that the services are adequate for the purchaser's poposed use of the

property and the vendor advises the purchaser to make appropriafe inquiries. The condition of theservices may change between the day of sale and settlement and the vendor does not promise that theservices will be in the same condition at settlement as they were on the day ofsale.

4.2 The purchaser is responsible for the conn€ction ofall services to the property after settlement and thepayment ofany associated cost,

5. ConsentsThe vendor must obtain any necessary consent or licence required for the sale, The confact will be at an end andall money paid must be refunded ifany necessary consent or licence is not obtained by settlement.

6. TransferThe transfer of land document must be prepared by the purchaser and delivered to the vendor at least l0 daysbefore settlement. The delivery of the fansfer of land document is not acceptance of title. The vendor mustprepare any document required for assessment of duty on this transaction relating to matters that are or shouldbe within the knowledge ofthe vendor and, if requested by the puchaser, must provide a copy ofthat documentat least 3 days before settlement.

7. Relcase ofcompany chargeThe vendor must provide at settlement a release of the property from any r€gistered charge lodged under theCorporations Act 2001 (Cth) if requested in wdting to do so at least 21 days before settlement. Thisobligation does not apply if the chargee is the proprietor of a registered mortgage over the land, The vendormust pay the registration fee ifeither party requires registration ofthat release.

8. Builder warranty insuranceThe vendor must provide at settlement details of any current builder warranty insuance relating to the propertyifrequested in writing to do so at least 21 days before settlement.

9. General law land9.1 This condition only applies if any part of the land is not under the operation ofthe Transfer ofLand

Act 1958.9.2 The vendor is taken to be the holder of an unencumbered estate in fee simple in the land if there is an

unbroken chain of title starting at least 30 years before the day of sale proving on the face of thedocuments tlle ownership ofthe entire legal and equitable estate without the aid of other evidence.

9.3 The purchaser is entitled to inspect the vendo/s chain oftitle on request at such place in Victoria as thevendor nominates.

9.4 The purchaser is taken to have accepted the vendor's title if:(a) 21 days have elapsed since the day ofsale; and(b) the purchaser has not reasonably objected to the title or reasonably required the vendor to

remedy a dsfect in the title-9.5 The contract will be at an end if:

(a) the vendor gives tlrc purchaser a notice that the vendor is unable or unwilling to satisry thepurchaser's objection or requ;rement and that the contracl will end if the objection orrequirement is not withdrawn within l4 days ofthe giving ofthe notice; and

(b) the objection or requirement is not withdrawn in that time-9.6 If the contract ends in accordance with general condition 9.5, the deposit must be returned to the

purchaser and neither party has a claim against the other in damages.9.7 General condition 10.1 should be read, in respect of that part of the land which is not under the

operation ofthe Transfer ofland Act 195E, as ifthe reference to 'regist€red proprietor' is a ref€renceto'owner'.

MONN,Y

10. Settlement10.1 At settlement:

(a) the purchaser must pay the balance; and(b) the vendor must:

(i) do all things necessary to enable the purchaser to become tle registered proprietor ofthe land: and

(ii) give either vacant possession or receipt of rents and profits in accordance with theparticulars of sale.

10.2 The vendor's obligations under this general condition continue after settlement.10.3 Settlement must be conducted between the hours of 10.00 a.m. and 4.00 p.m. unless the parties agree

otherwise.

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l l. Paymetrt1l.i The purchaser must pay the deposit:

(a) to the vendor's licensed estate agent; or

iUi ifthere is no estate agent to the vendor's legal practitioner or conveyance4 or

(c) if the vendor direJtr,"into u,p".iof purposelaccount in an authorised deposit-taking institution

in Victoria specified by the vindor in the joint names ofthe purchaser and the vendor'

ll.2Ifthelandsoldisalotonanunregisteledplanofsubdivision,thedePosit:{a) must not exceed l07o ofthe price; and(b) must be Paid:

(i) to the vendor's licensed estate agent or legal practitioner or co r'€yancer and held by

ttre "state

a!e"t, legal practitionir or conveyancer on trust for the puchaser until the

registration ofthe plan ofsubdivision; or(ii)iftlrevendordirecis,intoaspecialpurpose-accountinanauthoriseddeposit.taking

inrtitution in victoria specified by ihe vendor in the contract in the joint names ofthe

purcnaserandthe.,oendorandheldinthataccountuntiltheregistrationoftheplanofsubdivision.

11.3 The purchaser must pay all money other than the deposit:(a) to the vendor, or the vendor's legal practitio,ner or conveyan9:tt o'

, ,fti in aocordance with a written direction of the vendor or the vendor's legal pracl[roner oI

conveyancer.11.4 At settlement, payments may be made or tendered:

(a) in cash; or

ibt by draft or cheque rlrawn on an authorised deposit-taking intliyti:i'":t- -. ^,^^-^,r a.-,1

(ct iithe parties agree, by electronically transferring the Payment il th: t9rm ol clear€c runos'

I 1.5 'ror ttre purpose ofttris lenei condition .authorised deposit-taking institution' means a body corporate

in relation to which un uutnoiity *O"t tuUsection 9(3)oithe Banking Act 1959 (Cth) is in force'

1 i.6 The purchas€r must pay bank iees on up to ten bank cheques at settlement, but the vendor must pay the

bank fees on any addftional bank cheques requested by the vendor'

Stakeholding12.1 The diposit must be released to the vendor if:

(a) ' the vendor provides proof, to the reasonable satisfaction of the purchaser' that either-

(i) there are no debts secured against the property; or.(ii) ifthere are any clebts, the toll amouni ofthose debts do not exceed 807o ofthe sale

Price; and(b) at least 2it days have elapsed since the day,ofsale; and

i"i all conditions ofthe Sali ofLand Act 1962 have been satisfied'

12,2 The stakeholder mu"t p.y ae Jeporit and any interest to the party entitled when the deposit is released,

tlrc contract is settled, or the contract is ended'

l2.3ThestakeholdelmaypaythedePositandanyinterestintocourtifitisreasonabletodoso.

GST13.1 The purchaser does not have to pay the v€ndor any GST payable by the vendor in respect of a taxable

,uppiy *uO" under this "ort

u"f iri addition to the price uniess tle particulars of.sale speci! t.hat the

price L 'plus CSf' . However the purchaser must-pay to the vendor any GST payable by the vendor:

(a) "olely

as a resutt oi-y u"tion ttL"n ot intended to be taken by the purchaser after the day of

sale. inctuding a change of use; or(b) ifthe parficutars olsie specifi rhat the_ supply made under this contract is a farming business

and the supply does not satisffthe requtem€nts of section 38-480 ofthe GST Act; or

G)i f thepart icuiarsofsalesp€cirythat. t l resupplymadeunderthiscontract isagoingconcernand thi supply does not saiisry the requirem€nts ofsection 38-325 ofthe GST Acl

13 .2 The purchaser must puy io tt "

u"nooi -y

GST payable by the vendor in respect of a taxable supply

made under this contract in addition to the price if the particulars of sale specis that the price is 'plus

GST'.l3.3lftlepurchaserisliabletoPayGsT,thepwchaselisnotrequiredtomakepaymentuntilprovidedwith

a tax invoice, unless the margin scheme applies'

13.4 irte particuiars of .ul" ,p""ig tt ut th" suipty made Inderrhis contract is a 'farming business':

(a) the vendor warJnts tiut ttt" ptop"tty it land -on

which a farming business has been carried on

for the period of5 years preceding the date of suplly: and -

(b) the purchaser ,,"u-riunO ,i.,ut the p-urchaser itrtendi ihat a farming business will be carried on

afJer settlement on the Property'13.5 lfthe particulars ofsate speciry tnaittre supply made under this contract is a 'going concern':

(a) the parties agree'that ittis contract ii ior the supply ofa going concem; and

{b) the purchaser wa;ts that the purchaser is, oi-prior to settlement will be, registered for GST:

and(c) the vendor warrants that the vendor will carry on the going concem until the dat€ of supply'

12.

13.

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13.6 If the particulars of sale speciry that the supply made under this contract is a 'margin scheme' supply,the parties €re€ that the margin scheme applies to this contract'

13.7 This general condition will not merge on either settlement or registration.13.8 In this general condition:

(a) 'GST Act' means A New Tax System (Goods and Service Trx) Act 1999 (Ctb); and(b) 'GST' includes penalties and intercst.

14. Loan14.1 If the particulars of sale specifr that this contract is subjec{ to a loan being approved, this contract is

subj€ct to the lender approving the loan on the security ofthe property by the approval date or any laterdate allowed by the vendor.

14.2 The purchaser may end the contlact if the loan is not approved by the approval dat€, but only if th€purchaser:(a) immediately applied for the loan; and(b) did everything reasonably required to obtain approval ofthe loan; and(c) serves written notice ending the contract on the vendor within 2 clear business days after the

approval date or any tater date allowed by the vendor; and(d) is not in default under any oth€r condition ofthis contract when the notice is given.

14.3 All money must be immediately refunded to the purchaser ifthe contract is endod.

15. Adjustments15.1 All periodic outgoings payable by the vendor, and any rent and other income received in respect ofthe

property must be apportioned between the parties on the settlement date and any adjusfirent paid andreceived as appropriale.

152 The periodic outgoings and rent and other income must be apportioned on the following basis:(a) the vendor is liable for the periodic outgoings and entitled to the rent and other income up to

and including the day of settlement; and(b) th€ land is treated as the only land ofwhich the vendor is owner (as defined in the Land Tax

Act 2005); and(c) the vendor is taken to own the land as a resident Australian beneficial owner; and(d) any personal statutory benefit available to each party is disegarded in calculating

apportionment.

TRANSACTIONAL

16. Time16.1 Time is ofthe essence ofthis contract.16.2 Time is extended until the next business day if the time for performing any action falls on a Saturday,

Sunday or bank holiday.

17. Service17.l Any document sent by post is taken to have been served on the next business day after posting, unless

proYed otherwise.17.2 Any demand, notice, or document required to be served by or on any party may be sewed by or on the

legal practitioner or conveyancer for that party. It is sufficiently served if served on the party or on thelegal pmctitioner or conveyancer:(a) personally; or(b) by pre-paid posq or(c) in any manner authorised by law or the Supreme Court for s€rvice ofdocuments.

18. NomineeThe purchaser may nominate a substitute or additional purchaser, but the narn€d puchaser remains personallyliable for the due performance ofall the purchaser's obligations under this conract.

19. Liabilify of signatoryAny signatory for a proprietary limit€d company purchaser is personally liatrle for the due performance of thepurchaser's obligations as ifthe signatory were the purchaser.

20, GuaranteeThe vendor may require one or more directors ofthe purchaser to guarantee the purchaser's performance ofthiscontract ifthe purchaser is a proprietary limited company.

21. NoticesThe purchaser is responsible for any notice, order, demand or levy imposing liability on the property that isissued or made on or after the day of sale that does not relate to periodic outgoings. The purchaser may enterthe property to comply with tlat responsibility where action is required before settlement.

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72. lnspectionThe purchaser and/or another person authorised by the purchaser may inspeet th€ property at any reasonable

time iuring rhe 7 days preceding and including the settlement day'

23. Terms contract23.1 Ifthis is a'terms conract' as defined in the Sale ofLand Act 1962:

(a) any mor;;;;;ff;ing the land sold must be discharged as to that land before the purchaser

u""o*".-"nii11go io po-ssession or to the receipt of rents and profits unless the vendor satisfies

section 6(l) and 6(2i ofthe Sale ofLand Act 1962; and

O) tn" o"po.'iJ*O "filttt"t

ton"y payable under the contract (other than any money payable in

""""", of',tr" *ount requirid to so discharge the mortgage)_must be paid to a legal

practitioner oi corveyancer or a licensed €state ;gent to be applied in or towards discharging

the mortgage.23.2 While any moneyremains owing each of the following applies:

(a) the purchaser must *uLt in full dulnuge and= distruction insurance ofthe property 8nd public

r iskinsurancenot ingal lpart ieshavinganinsurableinterestwi thaninsurerapprovedinwdting bY the vendor;

(b) tt" pu."tiu.".nru.i cleliver oopies of the signecl insurance application forms, the policies and

tt , " in.u,unc" ' """ ip. ' . t l revendornot l isst l ranl0daysbeforetakingpossessionoftheproperry or becoming entitled to rec€ipt ofthe rents and profits;

(c) it "

p*"t *". *urt ieliver copies of any arnendments to the policies and the insurance receipts

on each amendment or renewal as evidenc€ ofthe status ofthe policies from time to time;

(d) tt" ,"nooinluy puy any renewal premiums or take out the insurance ifthe puchaser fails to

meet these obligations;(e) lnsurance'costs:paid by the vendor under pfiagaph (d) must be refunded by the purchaser on

demand withouiaffecting the vendor's other rights under this co

(0 the purchaser must malntain and operate thi property in good repair (fair.wear and tear

**p."il -il

t""p tlre property safe, lawful' structually sound' weatherproof and free from

contaminations and dangelous substances;(g) the property must not bi altered t qI *uy without the written consent ofthe vendor which

musr not be unreasonably refused or delayed;(h) tne pu.ciaseimost observe all obligations that afiect owners or occupiers ofland;

(D tie vendor and/or other person authorised by the vendor- may enter tlre property at any

,"*onublu ,ir* ,o inspect it on giving 7 days written notice, but not more than twice in a year.

24. Loss or damage before settlementi+J The veidor oarries the risk ofloss or damage to the property until settlement'

24.2 The vendor must d€iiver the property to G purchaser at settlement in the same condition it was in on

the day ofsale, except for fair wear and tear'

24.3 The purchaser *u.i not o"ruy settlement because one or more of the goods is not in the condition

requirecl by genJ.ondition 2+'2, b"t tav claim compcnsattjli"T f: Y-"19"I after,settlemenl

24,4 The purchaser may nominate an amount not "*"""ding

$5'000 to-be- held by a. stakeholder to be

appointed uy t "'p'",ti",

iiir,e property is not in the conclition required by general condition 24.2 at

settlement.'24.5Thenominatedamountmaybededucte<l f romtheamountduetothevendoratsett lementandpaidto

the stakeholder, but onv if the purchaser also pays an amount €qual to th€ nominated amount to the

25. BreachA party who breaches this contract must pay to the other party.on demand:

lu;' '

"o*p"n.ution r- unv .e*onuuly ioreseeable loss.to-the other party resulting from the breach; and

ibt any interest due under this contract as a result ofthe breach'

DEFAULT

26. InterestIntefest at i ftrte of z./o per annum plus the rate for the time being fixed by section 2 of the^Petralty Interest

R|tes Act 1gg3 is payaoie on uny nron"y owing under the contract during the period of default, without

affecting any other rights ofthe offended party'

stakeholder.24.6 The stakeholder must PaY the

determination of the disPute'disPute.

amounts referred to in general condition 24'5 in accordance with the

including any order for payment of the costs of the resolution of the

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1'1 Default troticeZ7.l A party is not entitled to exercise any rights arising from the other parly's default, other tlnn rhe right

to ieciive inter€st and the right to sue for money owing, until the other party is served and fails to

comply with a written default notice.2'1.2 The default notice must:

(a) speci! the particulars ofthe default; and(b) state that it is the offended pafiy's intention to exercise the rights arising from the default

unless, within 14 days of service of the notice-(i) the default is remedied; and(ii) the teasonable costs incurred as a result ofthe default and any interest payable are

paid.

Default not remediedZg.1 All unpaid money under tlle conmct becomes immediately payable to the vendor if the default has

been made by the purchaser and is not remedied and the costs and interest are not paid'

28.2 The contract immediately ends if:(a) the default notice also states that unless the default is remedied and tle reasonable costs and

interest are paid, the contract will be ended in accordance with this general condition; and(b) the default is not remedied and th€ reasonable costs and interest are not paid by the end ofthe

period ofthe default notice.28.3 lfthe contmct ends by a default notice given by the purchaser:

(a) tlre purchaser must be repaid any money paid under the contract and be paid any intercst andreasonable costs payable und€r the contract; and

(b) all those amounts are a charge on the land until payment; and(c) the purchaser may also recover any loss otherwise recovemble.

28.4 lfthe contract ends by a default notice given by the vendor:(a) the deposit up to l0olo ofthe price is forfeited to the vendor as the vendor's absolute property,

whether the deposit has been paid or not; and(b) the vendor is entitled to possession ofthe property; and

Gi in addition to any other remedy, the vendor may within one year ofthe contact ending either:(i) retain the Property and sue for damages for breach ofcontract; or(ii) resell the property in any manner and recover any deficiency in the price on the

resale and any resulting expenses by way of liquidated damages; and(d) the vendor may retain any part of the price paid until the vendor's damages have been

determined and may apply that money towards those damages; and(e) any detemination ofthe vendor's damages must take into account the amount forfeited to the

vendor,28.5 The ending of the contract does not affect the rights of the offended party as a consequence of the

default.

28.

SPECIAL CONDITIONS

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2009DATED

LORNA DOROTITY PERRY

VENDOR'S STATEMENT

Property: 29 Leonard Street, Burwood

Russo & Russo Pty LtdSolicitors

150 Sydney RoadBrunswick 3056

Tel: 9387 8022DX: 95615 Bruns*'ick

Fax: 9387 5604Ref: PR:2009:150

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SALE OF LAND ACT (the AcO - SECTION 32

VENDOR'S STATEMENT TO TIIE PURCIIASER OF REAL ESTATE

VENDOR: LORNA DOROTHY PEItllY

PROPERTY: 29 LFIONARI) S'I'REE]', BURWOOD 3125

IMPORTAI\{T NOTICE TO PTJRCHASERS

The use to which you propose to put the prop€rty may be prohibited by planning orbuilding controls applying to the locality or may require the consent or p€rmit of themunicipal council or other responsible authority. It is in your interest to undertake aproper investigation of permitted land use before you comnit yourself to buy. Youshould check with the appropriate authorities as to the availability (and cosl) ofproviding any essential services not connected to the properfy.The property may be located in an area where comnercial agricultural productionactivity may affect your enjoyment of the property. It is therefore in your interest toundertake an investigation of the possible amenity and other impacts fron nearbyproperties and the agricultural practices and processes conducted there.The Purchaser acknowl€dges thrt:(D If the Purchsser defaults in paymena of sny money due under this Contract, then int€r€st at the rate

of twenty per centlm Q$o/o) pet rnn[m shall be prid on demand by the Purchrser to the Vendorupon the money overdue. Tbe s|id inter€st shall be comput€d from tbe due date herein provided forthe payment ofthe said money until such monies are paid.

(iD ff the Purchaser fails to complete the purchase of the property on the due date under this Cont{ct,the Vendor will or may sufTer additional losses and expenses; and

(iii) The losses and expenses described in paragraph (b) sr€ agr€ed to be reasonably forca$sble lnd shrllbe deemed to be trreasonable expenses" for th€ purpos€s ofgenenrl condition 7(a) ofthis Contract;

The Purchaser in addition to the interest chargeable under this Contnct shall pry or rcimbune the V€ndoron demand for:-

(i) Interest charges and other expenses pay|ble by the Vendor as Mortgrgor under any existingmortgrg€, cherge or any other like encumbrance over the property calculated from the du€ date forsettlemotrt;

(ii) Legel costs and €xpens€s as b€tween solicitor and clienq(iiD Loss of rcnt th€ V€ndor may sustain as a result of the delayed settlement from tbe Contract

settl€ment date to tbe sctual settlement date caus€d by th€ Vcndor having given the Tenant notice toyrcate the property in anticipation ofsettlement occurring on tho Contnct settlement date;

(iv) Fees paid for removalist expensB as r result ofdolryed settlement;(v) Penalty inter€st incurred by the Vendor as a result of the Vendor's delayed settlem€nt of I prop€rty

that the Vendor hss purchased thst wNs:(a) Du€ to have s€ttlement on the same date as the Vendor's sale pmp€lty and/or;(b) Was to have utilised tbe pruce€ds ofthe ssle property,

1. RESTRICTIONS - Details of any registered or unregistered easement, covenant, caveator other similar restriction affecting the properly are set out in the attached copies ofTitle documents.

To the best of the Vendor's knowledge there is no existing failure to comply with thetenns ofany easement, covenart, caveat or similax resEiction.

2. PLANNING AND ROAD ACCESS - Details of any planning instruments affecting theland are :rs iollou s:

NAME Whitehorse Planning SchemeRESPONSIBLEAUTI{ORITY C'in ol Whitehoisc'ZONINGIRESERVATION Residential 1

There is access to the property by road.

perry2009r 50\dbec32.doc - 05 /06 l2-(n9

Page 13: Contract of Sale/Section 32

3, OUTGOINGS AND STATUTORY CHARGES - Details concerning any rates' taxes or

ottrer similm outgoings (including any owners corporation charges) and any interest

payable on anY Part of them are

AUTHORITY AMOTINT INTEREST

City of Whitehone 08/09 $1'114'10

Yana ValleY Water 08/09 $1 17'54

Amountsforwhichthepurchasermaybecomeliableinconsequenceofthesale:Nil

Total outgoings do not exceed $2,500.00

Amountowingtmderanyotherregistercdorumegisteredstatutorychargethatsecuresan amount due under any other legislation: Nil

4. SERVICES Avail. Connected Authority

4.1 Electricity Yes Yes AGL or similar

4.2 Gas Yes Yes AGL or similar

4.3 Water Yes Yes Yarra Valley Water

4.4 Sewerage Yes Yes Yarra Valley Water

4.5 Telephone Yes Yes Telstra'/Optus

5 . 1 BUILDING APPROVALS - No buitding permit has been granted during the past seven

years under the Building Control Act I 98 I c Building Act I 993 '

5.2 GUARANTEE - Details of an owner-builder under the House Contracts Guarantee Act

1987 in the Preceding seven Years.

Nil.

5.3 INSURANCE - Details in the preceding six years in the case of a residence to which

s1378 ofthe Building Act 1993 applies'

Nil.

6.N0TICES-Particularsofanynotice,order,declaration,reportorrecommendationofapublic authority or government depatnent or approved proposal affectinq t{9 rowrtrof *hict ttt" Vlttdoi might be reasonably expected to have knowledge' including:

6.1 if there is a Owners Corporation, affecting it and its contingen! proposed or

other liabilities, including those relating to repairs;

6.2 or stock order imposed under the Agricultural and Veterinary

ihemicals (control of use) Aci 1992 (whether or not the quarantine or order is

still in force) -

6'3noticepur$xmttoSection6oftheLandAcquisit ionandCompensationAct1986;

None to the Vendor's knowledge

perry2009l50v\sec32.doc - 05/062009

Page 14: Contract of Sale/Section 32

BUT No'IE: ].he Ven<jor has no mcans of knowing o|all <lecisions o| Pub|ic Authorities and

Govemment Deparhnents affecting the propertv unless communioated to the

Vendor.

7. owNERS CORPORATION - lf the land is alfected by an ownefs corporation within

the meaning ofthe Owners Corporations Act 2006

(a) a copy ol'1he currenl owners corporation certificate issued in respect of the

land under the Owners Corporation Act 2006; and

(b) a copy ofthe documents required to accompany the owners corporation

certificate under section l5l(4)(b) ofthe Owners Corporations Act 2006'

Ni t . .

8. TITLE - Copies ofrelevant 'fitle documents are attached'

DATE OF STATEMENT:

Vendor's Signature:

Tlrc Purchascr acknowledges being given a copy of this statement signed by thc Vendor

before the Purchaser signed any Contract.

DATE OF ACKNOWLDDGMIINT:

Purchascr's Signaturc:

PLEASENOTEthatwheretheproperty istobesoldontermspursuanttoSect ion:Z(jXD of tfre Act and/or sold subjeci to a mortgage that is not to be discharged by the

ori"'ui pn*r".*ion (or receipt of the rents and profits) of the property pursuant to Section

iitZXui of the Aci - then ihe Vendor must provide an additional slatemcnt containing the

particulars specified in Schedules 'l and 2 of the Act'

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Page 15: Contract of Sale/Section 32

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-Inwtcrlo|ll

YourRef: 4503817;94305€9Enquiries: BuildingServicesPhone: 92626421

2 June 2009

Russo & RussoVia AnstatDX 332MELBOURNE VIC

Dear Sir/Madam,

Rs: 29 Loonatd Str"et, Burwood Vic 3125

We refur to your request for buildinq permil parliculars regarding the above propeny and

advise of detiils of iny permit or certiiicate of final inspection issued in the preceding tenyears.

Council hag no record of any Building Permits being issued on this property in the past 10 years'

There are no ouEbnding notices or orders pursuant to Building Act 1993 regarding this propeny'

Yours faithfully,

(assic'I4h$frt

BUILDlNG SERVICESFor and on behalt of City of whitehors€

lmportent Infulfiadonitt! o"taifs fi"r.o on this certrficate are consistenl with the property addless as stated on the application

$;r-E G '.

;;,i/'trlstolcatty be known as a ditrerent address then such inturmation may not be

induded in this cettifcate.

DesDite whether a Building Permit is required of not the€ is still an obligation for all building lvo'ks !o be

Jtiiiu.rii "*"J ""d

co;pv with the siting regutations consequently there may be buiHing rrcrk on the

properly thal Council has no record or knou/ledge of.

SAFE YoFExBrl c Slrr N6 PoolsA||existingswimmingpoo|sandspasarerequiredtoGomp|ywiththeminimumstandardso'theBuildingRegulations 2006, Regulation 703, by 1 July 1997.

Anv Derson who lakes possession ot a prop€rty without safety barriers for a spa or swmming pool is

immediately responsible for compliance with the law and liabl€ to prosecution

SmoxE AL RrsOrn"o ol' prr"ft"""rs of residential propenies sre to ensute thal smoke alarms exisl or are required to

install Emoke alarms.

Whlt ho a Clty Councll

I

379-397 whitehorso Road

t{un.u.(|i.|9Ter.phon€ (03) 9?62 63:13

Facsimir€ (03) 9262 6490

All Cortaapondanca

Lod(ed B.C 2

Nun wadrn! Dglivary C€nlrcVic 3llOAllslralia

DXl3209 MITCIIAM

ABN 39 549 564 822

I

S.fvlca Cfil at

8ox Hill

Foresl liilr

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Page 16: Contract of Sale/Section 32

Delivered by LANDATA@. Land Victoria timeslamp 01/06/2009 11:40 Page 1 of 3€| State of Victona. This publication is copyright. No part may be aqproduced by any process except in accordance wlth the provisions of the CoPyright Ac1 or pu6uant to awdtten agre€mer*. The iniormation is only valid at the tim€ and in th€ form obtained trom th€ LANDATA@ Syst€m. Th€ gtate of Victoda acc€pts no r€sponsibility ior anysubsequer{ release, publication or reprcduclion of the information.

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Page 17: Contract of Sale/Section 32

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Delivered by LANDATA@. Land Vicloria timestamp 01/06/2009 11:zO Fage 3 cf 3

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lll$IRI ICopyright State of victoria' This Publication. is coPyright:-

--.,*tto'iar€ may be reproduced by any process excePt in accordance wrtn

ii"' itJ"fJi""s of'the copyright- alt or pursuant to a written

;;"a;;i:-il" inrott"tiSi'- i3- ""iv

vatih at. the time and in the forn;i;;il;e-ir;-t[e-r.eupatJ nseo iu'svstem' rhe state of victoriaaccepts no responsibili$ i;;-;t sitrteqoettt rerease' publication orreor6duction of the information '

*"nrSru* SaARcIt STATEMENT (Titte Search) Transfer of Land Act 1958

Your order numbor is 45Oa]817 - thls Landata s€arch resuli will be avaitable for-viewing und€r this ordet lor 120 days

Your €ferenc€ lor ihis orderi PR:2009:1 50

Begister Search Statement - Volume 8 1 31 Follo 281- olmnoog 1 l:40:36

vo],uME 08131 FOr,rO 281

I,AND DESCRIPTION

secur i ty no : 1240299189387Produced OL/06/2009 11:38 am

Lot 35 on Plan of Subdiv is ion 033379'FNsNt trrLr volume 08131 Fol-io 252ii..l"a

-y

ittstto*"ttt A085834 l5/L2/L955

REGISTERED PROPRIETOR

COVENANT 26597 09

Anv encutnbrances created by section 98 Transfer of Land Act 1958 or section

i,i, si[airir"i""-l"t is88-""'d any other encunbrances sho\,m or entered on the

;i";-;;-fi;;;a rotio set out u-nder DTAGnAM r'ocArroN belortr'

DIAGRAM I,OCATION

astate !.ee simP1eSole Proprietor-- -IONT.Ii'

DOROTHY PERRY Of 29 I'EONARD ST BI'RWOOD 3125

x438350R 27 / 04 / 200t

ENCU!,{BRANCES, CAVEATS AND NOTICES

SEE I,P033379 TOR !'URTEER DETAII'S AND BOUNDARIES

ACTTVITY IN THE I,AST 125 DAYS

END OF REGISTER SEARCH STATEMENT----

AdditioRal information: (not part of the Register Search statement)

Street Address 3 29 LEONARD STREET BURWOOD vIC 3125

DOCUMENT END

NII,

Page 20: Contract of Sale/Section 32

ce ncate lD: 58169947

1.

NOTES TO CERTIFICATES UNDER SECTION '05

OF THE IAND TAX ACT 2OO5

Undersgction96oflheLandTaxAct2oo5(s|eAc{),|andtaxisafirstchargeonlh€|andbwhichitre|absandshou|dtheven<lor defautt, payment will be obained fom tre pur"h.ser. The purchaser should take inb account the possibility lhat the

vendor may debuitwhere land tax has besn assessed but notpaid'

|f landtaxisduebutnotpaidonaproperly,fieLandTaxc|earancacerlif icatgwi||c€rtirylheamountof|andtaxdueandunoaid on that land. Thid amountwitt oe uinoing on te commissioner of sbb RevenuE (dl€ commissioner) for purpos€s of

""&- g6

"i-tt" na*heth€ror not it is paid b the State Revenue Oftce (SRO)on' or shor{y after' sssement-

The amount ofland tax on lhis cerlificate retates to the amouniofland tax due and payable as at lhe date of the applicalion

only and not io anytuture liabilityor$e tax status oflie land.

A"Ni|,LandTaxc|earancecertif icabdoesnotmsanlhatlhe|andonth€cartif icateis€xomplftom|andtax.

tf land tax will be payable on a pmperty but payment is not due at the lime th€ applicalion.is pJocessed, fi€ certificare will

;;fv ltr;;il";i;;i srrourO Oi riai'ieo oi tie purctraser at sefrement and re;1bd tro the SRO. The Commissioner will

consid€r hims€lt bound by nis amount ai igaindtne purcnaser only if ihe amount is remiltEd b thE SRO w1hin 28 days after

setlement.

rthe amount In 3. (above) is understabd, he commissioner has the right to s€ek tecovery of the corect amount or the

balance, as the cas€ may be, froma. the vendot, ori. ii! ii*f.,"ir, if the vendor defautb and the cenified amount has not been remilted to the SRO wifiin 28 days after

settement

|fanamountiscertif iedinrespectofapropos€dsa|ewhichisnotcomp|ebd,s|ecommissionerwi||notbeboundbylhesame amounf in respectofa later salebttire subiec't land - another certificaie must be applied for in €sp€ctof g''al

tsansaction.

lf an antount certified is excessively high (br example, because a princjpat residence concession has not b€en deducted in

Lr*r"tno r," jn.orn0 tte comn;ission;iwifi issue an amenoed.certilicate, without an additionalfee being chatg€d on

receiot of;ufici€nt evidence b that effec't fiom the vendor.

|fno|andtaxisstatedasbeingpayab|einresp€ctofthgproperty,hecommissionerwi||considerhimse|fboundbyiiaic"*n"arion, in r"spect of ire purchaser, if rre land is subsequenty itund lo be taxable and the vendor defaulb'

7.

10. lfthe vendor refuses to be bound by an amount stabd by h€ Commissioner and does not agree to the amount being

withhe|dandr€mittedalseflement,thepurchasercannotre|yonsuchrsfusa|asadef€ncebanac{ionbytieCommissionerlo recover lhe oubtanding amountfrom the purchas€r under Seclions 96 or98 ofthe Act

1 1. The informalion on a cartifcab cannot predude lhe commissioner ftom taking astion against a wndor b recover oubtanding

land tax.

(For Intotmation OnlY)

SINGLEOIA'NERSHIPCALCULANONBASEDONANUNIPROVEDVALUEOF$525'OOOLand Tax= $825.00Calculated as $275 plus ( $525,000 - $250,000) muliiplied bv 0 200 cents)'

Payments

Cheoues, etc. must be made Payablo b'Commissioner of State Revenue'ln P€Fon Lovel2

Enquiries

Telephom 13 21 61Feca|mtb (03) 9628 6853 or (03) 9628 0038

CounGr Level2121 Exhibition SteetMelboume 3000

Corrcspondsnce GPO Box 1641NMelboume 3001By Post

121 Exhibilion Sb€etMelboume 3000GPO Box296'l DDMelboume 3001

.au ANd ACCEss I-AND TAX CLEARANCE CERTIFICATES.

Page 21: Contract of Sale/Section 32

STATE REVENTIE OTTTCELand Tax Act 2005

Land Tax Glearance Certificate

RUSSO & RUSSO VIA ANSTAT224 NORMANBY ROADSOUTHBANK VIC 3006

sRO . tso 9901 Qtoliv Cettiftd

Your RefeGnce: 450381 7:9430567CertffcateNo.: 58169947Dab lssued: 01 JUN 2009Enouides: ESYSPROD

Lrnd Addr€ss Detall'E29 LEONARD STREET BURWOOD VIC 3125

Volume Follo8131 281

Vendor LORNA PERRY

PuTchase' FOR INFORMATION PURPOSES

THF CERTIFICATE F SUBJECT TO THE NOIES THAT APPEAR ON THE BACK OF THE APPLICATION AND THATTHE APPLICAI{T SHOULD READ THESE OTES CAREFULLY.

PAUL BRODERICK - Commissioner of Shte Revenue

Current Tax Fot 2009

MRS LORNA DOROTHY PERRY

Proportlonal Tax Penalty/htorest

s0.00 s0.00

Total

$0.00

Arrgar3 of Tax Years ProportlonalTex Add.Taxnntersst Total

Commsnts Progerty is exEmpt LTX Principal Place ofResidenc€.

Unimproved Valu6 $525,0001 Amour Payabb s0.00

PLEASE REIURN $lltl PORTION WHEN lulAKlNG PAY ENT = SEE O\TERLEAF FOR FURTHER INFORIIIATION

I.AND TAX CLEARANCE CERNFrcATE - REMITTANCE ADVICE

9c!@e!9.!cq!e!58169947

land lD

12960763

PLEASE DO NOT iiARK BELOW THIS UNE

Amouni Pavable

$0.00

<0000000000<0000000000>058 l 69947000<0581 69947000>424<424>

Page 22: Contract of Sale/Section 32

#erusrAT@f r ' i i : r i a: l r l i r r :

CERTIFICATE No: ,1503817 DATE: 01/06/2009

PLANNING CERTIFICATE ffiCllent: Fusso & Russo

DX:95615 BrunswickMatter Ref : PR:2009:150

Vefldor: LORNA DOROTHY PERRYPurchaser:

Sublect Property: 29 LEONARD STREET BURWOOD VIC 3125

Tltle Pafticulars: Vol 8131 Fol 281

lluniclpality: WHITEHORSE

Plannlng Sche re: WHITEHORSE PLANNING SCHEME

Responsibte Authority fol administerlng and entorcing the scheme: wHITEHORSE Clry COUNCIL

zone: RESIDENTIAL 1 ZONE

Abuttat to a Road Zone or a Public Acquisltlon Overlay tor I Prcposed Road or Road Widening: Not Applicable

De6ign and Development Overlay: Not Applicable

Development Contrlbutions Plan Overlay: Not Applicable

Development Plan Overlay: Nol Applicabls

Environmental Audit Ovorlay: Not Applicable

Environmental Signlticance Overlay: Not Applicable

Heritage Ove ay: Not APPlicable

Public Acqulsition Oveday: Not Applicable

Slgnificant Landscape Overlay: Not Applicable

Special Building Overlay: Not Applicabls

Vegetation Proteciion Overlay: Not ApPlicable

ploposed Planning scheme Amendmenk: WHITEHOBSE C87 PROPOSES TO INTRODUCE A STUDENTibiorrtrrOoniiOfi pOr-rcv nr iLnUSiie.ro, rO pnOvlDE DIREcTION FoR CoUNclL, rHE coMMUNlw ANDiie oiriiLoprraEnr rr\roustRy rr.r cor.rsroeArNe nppltcATtoNs FoB STUDENT AccoMMoDATION;

Other Overlays: Not APPlicable

wH-n-inonse cgg pnoposes ro maer.to rHe puBLrc oPEN sPAcE coNTRlBUTloN PRovlsloNs FoR ALLDEVELOPMENT PROPOSALS

Addltional Notes: Not ApPlicable

The tnfotmation @urca lot eacn entry on ms cerdficate has ben ctllct<ed and il dtol'tn as Not Apdicatne does not apply .to the subiecl pwrly' l1';;1;i6;'t;;;;r;i;"tur"'2"* i'ra oreiriy iiorrii", iicaa* nan 't,g

sar*res anortsio an sate eanang Pottcv Famewotk' tt'e Localpt"r;;;;-p;i,"yF;;;t;*, Fiat*tat p*"iffis;^i Cek;i Prc;^torB. SiaWiw,

'r,/taei ana Povisirns detaitd in these sections of tE Ptannins

*har,,e nay Affd ttle u* aN developmant ot lad.

Andar Pty Lkt tradlng 9E Andgl Ploparty lotormatlon AcN 115133152 48N151151331s2Di::ai N-6*""w C"Ea] soufrbank 3006 Po Box 447, south M€lbolme 3m5 Dx:332 Molboume Tel:9278 1166 Fax 9278 1167

Page 1 of 2

Page 23: Contract of Sale/Section 32

WeNsrAr@' , ' ; i .1, : : i - : i r , i a: i : ' i l :

CERTIFICATE No: 450381 7 DATE:0106/2009

PLANNING CERTIFICATE

PUSLIC PANK A}IO RECFEAIION

RESIOENTIAI l ZOIIE

t . i

-i

;

Slale

Thismapext.aclissourcedtromdalamainlainedbytheStateo'vicloria.andisprovidedicrinfoT+glqu'pos:nry.,No*pi"ifrt"r',i" i" ."0"

"" to rfre a""rrEiv of ti coitent, and Anstal Pty Ltd does not accept any liability lo any person for me

inlormation Provided

N6ed mo|e detall? Anstatb planning scheme Extract product can supply you with.the text of Planning scheme provisions

ioi iny zone snown on the map extrict above order online at www anstat com au/api'

AnrtFt P1v Lrd tradlnq a3 Anstat ProP€fty lnigrmalion AcN11513(i152 ABN15115133152zi&'ii"iiir:rii;iirlsi,iiia'$(soo6'po 6di iji,'6ii,r, u.ilor-" s2c6 D* sl2 Motboune r€i:s2781166 Fa*e2781167

Page 2 ot 2

Page 24: Contract of Sale/Section 32

*eruSTAr@r'!...r ai lli:si:],. tniii i:ii

CERTIFICATE No: 4503817 DATE: 01/062009

ROADS CERTIFICATE ffiClieflt: Russo & Russo

DX: 95615 BrunswickMatte? R€l: PR:2009:150

Vendor: LORNA DOROTHY PERRYPurchaser:

Subiect Property:29 LEONARD STREET BURWOOD VIC 3125

Tttle Partlculars: Vol 8131 Fol 281

Municipality: WHITEHORSE

Adviceo'anycu]rent|yapProvedvicRoadspfoposals:V|CROADSHASNoAPPBoVEDPBoPoSALREQU|R|NGANy pARr oF rHe pnopenrv oedc'nieEDin-V-ou-n Af{t'-".1f'9!*J.9q$E^lPIlsF^?J"9 glt^9ll;?^l'I^t9,"lt331[6ii't]f,ilil,i,6t8H'dri|fe riidnnbrG rnno Use zortxe or rne pRoPERTY AND suRRouNDrNG AREA'

ffi ilr. Pt" l^s c"rllfr";te tot detaits ot land resetwd in the Ptannitg sc/rene tu nod P'o@sds',

An.lat Ftv Lld tEding .8 Anstai Prcp€rty Intormsdon AcN 1r5 133 152 ABN1511513i|rs2Di--ii

'r]{,ii-"tii.iirl s.i oa* soo6 po 6di a;?,'so|jr' ueuou"'e gzos Dx:332 Mdboun€ r6h e2?81166 Fa*sna1167

Pagp 1 of 1

Page 25: Contract of Sale/Section 32

Y6ftf". vcltc7 Yt&. | . f.!+ .tFdsd'

Anstal Pty Ltd ACN 115 133 [email protected]

Yana Valley Water LtdABN 93 066 S2 501Lucknow SteetMilcham Victoria 3132Privale Bag 1Milcham Victoria 3132DX 13204Emajl: glglirytrfu44.qoEiUTdephone: (03) 131 721

RATES GERTIFIGATE

Dab of l$ue: 1106/2009

Account l{o: a253666

Rab Certfrcate o: 10649668Your Ret 4503817:9430568

with reference to your request for delails regarding property at 29 LEONARD ST BURIVOOD VIC 3125 ref no:15479552

This property incurs the follouring service charges:

Please note lhe calculated annual charge for Seclion 32 purposes is: $117.54

i-7 &*^,GENERAT MANAGERBILLING AND CONTACT SERVICES

Note:I Yam Vallry W.tcrprcvid.s infornation in thls ltatrm.nt nlating to ratcrraF and drainagc puBuant to Scctiofl 158 ot thc Watar

Act i389, as ar ag€nt tor clboume Whter.2Inlonmtionisahosuppli.dunderthetollotrinq:DrainageandPa*schaq.s.S75WaterlndustryAct1994.3 Gr pllsenting yourclients nih hc Sove inlormation, please ensuE hatyou idom hem ol theiroHigation to coitactYalra

Valley Wahr (131 72t) 2 working days pdorto sedem.nt lt b tle vendo.tpuEhasc/s rcspomibility to book a final reding in orderlo determlne th. corcct apportionlnE ot wat.rard s€u€r usage ardbr seivlcc charg€s llable to. each party.

il PuFuant to S75 {3) (c} Wahr hdustry Act 1991 - The tollovring Rahs apply Jor proplrties lih vrat.r supply ard seucragesarYicaS:ltt&r t sage - From 0lO7r2(,0E watGr h chargcd at 101.92 Cents perlilofitretorthe first $ kilolitlcs; 119.57 Cenb p€rkilolittt lor 40 - m |liblillts ard 176.66 C.nts p.r kilolftre tur nore than S0lilolitr€s.sqEge ,iiposal - Ftom 01O7n0'08 your s€sage volume b chaEcd at 131.81 cenh per kilolitre.t46ter servico - From 0lrl0n008 the filed chaE€ lor eveiy household is llE.E8 p.r quailerS€*€r.ge S€rvG! - Fron 01fi0n00t thc fixcd chargc tor Gycry hous.hold ir i/6.13 pcrquart r.

Pedod Chargeg OubhndingQuarbdv Charoos: Waterways/Drainage 01/04/09 to 30i0d09 $ 15.52 $ 0.00Annual Chameg: Parks 0110208 to 30,06/09 $ 55.46 $ 000Arrears $ 0.00

Tohl Amount Due 30.00

Page 26: Contract of Sale/Section 32

YJ'rd Ird{Ly g4trt' I r ti.++ ifF.'*{}

YARRA VALLEY WATER LIIIITED{ABN 93 {S0 9{t2 501}STATEMENT UNDER SECTIONS 75,WATER INDUSTRY ACT I SS4 RELATING TO EITICUMBRINCESWATER ACT 1 089 . STATEIEMI UNO€R SECION 1 58

AUTHORISED OFFICER: '1 /) ,{1

/A^

Yana Valley Water LtdABN 93 066 902 501Lucknovv SteetMitcham Victorh 3132Private Bag 1Mitcham Victoria 3132DX 132MEmail: glgujry@S4[ eq$3uTdephone: (m) 131 721

GENERAL MANAGERBILLING AND CONTACT SERVICES

Anstat Pty Ltd ACN 1 1 5 '1 33 1 [email protected]

Dab ofbsue: 1O6/2009lnfomalion Sbbment o: 10649668Conrreyancing Account llo: 9000598

Your Ref: 4503817:9430568

Property: 29 LEONARD ST BURWOOD VIC 3125

ADIXTIOI{AL ll{FORtllATlOt{ RELATES TO SECnOilS 25 & 158{il)iffidthispropeItyisnotsubjecttoflooding|romMe|bourneWateis arainage systeT, based on a flood level thal has a probability of occunence ol 1% in any one year.

Pl..sr fisor. .ll iifom.lion p.o$d.d to Y.m Vafity lt tor fo' th' ]'qu*t of z Propstydor St|tindn is comct 'nd

rtrifid pdor lo

sutrnfing. All incor.ct r.qu€ct. rill be rlquitod to bt '€'trbmilt6d 'nd

rill D' ch'ro'd tccon||lgry'

yam valloy wat r provides ir ormalion in this st tdnont ruldhg to uat l*ays and dtrin.g! puEuant b soction 158 of th6 wat'{ Act 1089 4s an ag6nl for

PLEASE NOTE: tlr{5ss ptiot con6€It has b.!n obtainod bo& tht Water Att and lht,WATER hOUSTRY Acb PRoHBIT:

1. th! slocton and/or elacqn€nt of anv building, rarl, oidg!, rt*t, *"1**"ttt' nti"g' tatdial' machirurv o' o0Er sbu'tur! owr or lndll arv soffr o' dlain

2. 0|s conn.cton of any drain or sow.r to, or int lf6ron 6 sih any s'*er, drain or rd{cou6'Page: 1

THEFOLLO@It S"*, t"i." *" i.*-islence they will be siown on the attached plan

Page 27: Contract of Sale/Section 32

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$% eg-g-oeg

29 LEONARD ST. BURWO@

ffi&s,M0649668

01106t2009

\o.-9,",,,.Disclaimer: lhis information is supplied on the basis Yarra Valley Water Ltd. i. Does not warrant the accuracy or completeness ol lhe information supplied,

including, without limitation, the location of Water and Sewer Assets.. Does not accept any liability for loss or damage of any nature, sutfsred or incurred

by the recipisnt or any olher persons relying on this information;. Rocommends recipients and other persons using this informalion make their own

site investigations and accommodate lheir works accordingly.

seiver Frpe Fow @l *,o,nn t'0" Nl

FEI popoo611*l=--l

s.rti€ct Ftopsty lG-l *rn*rt E

Ac.€ss Point M F;l

Page 28: Contract of Sale/Section 32

CITY OF

n-tt|flllo|lr

T

lvhlLhoB. Clty Council

I

:, /9 :i9;' Whrte[or9ri Rea(

NunavraCing

Telephone (03) 9262 6331

tacs|n1rle (03) 9262 6490

All Cotr.lPondenc.Locl€d 8ag 2

Nu€wadhg D€lavery C€nre

Vic 3110 Auslfsrra

ox 1 3209 MITCHAM

AAN 39 549 568 822

I

Sawlce Cantru38or Hil

Whit€hotse

Fo(esl Hill

I

LAND INFORMATION CERTIFICATESECTION 229 LOCAL GOVERNMENT ACT 1989

Russo & RussoVia AnstatDX 332MELBOURNE VIC

Th|s Centficale provides |nlormaton regardr^g valushon lales charges olher-mon6y9 owng and 'ny

order8 ano

nr,t,ces made uncter th€ Local Governt"^ili idii-Lo""r co"ernm;nt Act 1989 or under '

Local Law or by law ol

ii". 61"i.ii-o .p""t'* llood level bv tne Counc (d anv)

This Certificate B nat requred lo tnqluoe nfotmaton resadiF ?la!1i19:-b-u-'ld]]!', health land fill land slip other

floodrno ntormalion or servE€ etssmenrs iiiii"iiti'"; reiaro;n! itresc niatters may be 'va'lobl€

l'om the councrl or

iiii.rJ,ritii ",j,n"r'tv

A lee rnev be charled for such Inlot-alion

Council uses Capital lmproved Value lor tating purposes The level of values date is I January

20OB and the date ol operat'on ol rie vatuatioi ior inis properly rs 1 Juiy 2008

Certificate Number:Date of lssue:Applicani's Reference:

366202-Jun-2009

4503817:9430566

30.oo

Site Value:Capital lmptoved Value:Net Annual V.lu6:

9525,000$635,000$31,750

RArEs & cHARGESTLEvTED ltl"tJii^i":i'r"."rli:'#oortt - * June 200e

LOT 35 LP 33379 54C

'1 14. ', l0

rbreL cunneNr'lEYlEg-

OTHER CHARGES

TOTAL A'IIOUNT OUTSTAilDING

Page 29: Contract of Sale/Section 32

NOTE:175(1) This section ofthe Local Government Act 1989 states that a pefson who becomes the

owner of rateable land must pay any rate or charge on the land which is current: andany arrears of rates and charges (including interest on lhose rates or charges) on theland which are due and Payable.

175(1AA) lf a Council has obtained an award for legal costs in relation to any rate or charge'

owing by the previous owner of the raleable land, sub-seclion (1) applies to the amounlof legal iosts remaining unpaid as if the legal costs were arrears of rates and charges.

175(1A) lf the previous owner of the rateable land had been paying any rate or charge byinstalments at the time lhe owneFhip of the land changed, the person who becomesthe owner of the land may continue the payment ol that rate or charge by instalments.

175(18) The person who becomes the owner of rateable land may also pay a rale or.charge by'

instaiments if the previous owner could have paid it by inslalments and the person

becomes the owner ot the land before the date the first instalment falls due.

175 (1C) In all other cases, the person who becomes the ovtner of rateable land must pay

anyamountdueundersect ionlT5(1)bythedatei twasduetohavebeenpaidbytheprevious owner of the land: or if that date has already passed, immediately afler the

oerson becomes lhe owner of the land.

A flood level has not been determined by council pursuant to Regulation 802 of the Building(lnterim) Regulations (2005).

I hereby certify that, as at the issue date of this certificate lhe information supplied is true and

correcl for the property described in lhis Certificate.

This Certificate is valid for 120 days from the date of issue. Council may be prepared lo provide

uo io Aate verbal informalion to th'e applicant aboul matters disclosed in this Certificate. Council

accepts no responsibility for the accuracy of any verbal information given'

COMMENTS:

Cerlificate Number:Date of lssue:Applicant's Reference:

Receigt Number:Receipt Date:Receipt Amount:

366202-Jun-2009

4503817:9430566

999999901-Jun-2009

$20.00

..... AUTHORISED OFFICER