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Legal Notice No. 44061, 08 January 2021, Vol 667 B, Page 45

20210108 - Legal Notice No 44061 of 08-January-2021, Volume 667 B, page 45

Page	45 of 156
Gazette	Legal Notices, No 44061, from 08 January, 2021

STAATSKOERANT, 8 JANUARIE 2021                       No. 44061    45

and Safety Act, 1993. The purchaser agrees that this undertaking relieves the Sheriff and the Plaintiff from any duty that may
          be imposed upon either or both of them in terms of Section 10 of the Occupational Health and Safety Act, 1993. The purchaser
          accordingly agrees that there is no obligation on the Sheriff or Plaintiff to furnish the said electrical installations certificate of
          compliance and test report. 
              5.2. The purchaser agrees that there is no obligation on the Sheriff or the Plaintiff to furnish an Entomologist’s certificate.
              5.3. If applicable, the purchaser shall  at his/her/its  own  cost obtain a valid gas installation and plumbing certificate of
          compliance and test report.
              5.4.  If applicable, the purchaser shall at his/her/its own cost obtain a valid electrical fence certificate from a credited third
          party.
              6. RISK AND OCCUPATION
              6.1.  (a) The property may be taken possession of after signature of the conditions of sale, payment of the deposit and upon
          the balance of the purchase price being secured in accordance with condition 4.1(b).
              (b) Should the purchaser or any person claiming possession through the purchaser, receive possession of the property prior
          to registration of transfer, the purchaser shall be liable for occupational rental at the rate of 1% of the purchase price per month
          from the date of possession thereof to date of transfer, payable to the bond account of the exection debtor, until transfer has been
          given to the Purchaser.
              Bond Account Details: Bank Name:  NEDBANK LIMITED
              Account number: 8002661701801
              Reference: UNKNOWN
              (c) Upon the purchaser taking possession, the property shall be at the risk and profit of the purchaser.
              (d) The execution creditor and the sheriff give no warranty that the purchaser shall be able to obtain personal and/or vacant
          occupation of the property or that the property is not occupied and any proceedings to evict the occupier(s) shall be undertaken
          by the Purchaser at the purchaser’s own cost and expense.
              6.2. (a) The Sheriff may demand that any improvements to the property sold shall be immediately insured by the purchaser
          for their full value, proof of the insurance given to the sheriff and such insurance policy kept in force until transfer is registered.
              (b)   Should the purchaser fail to comply with the obligations in paragraph 6.2(a), the sheriff may effect the necessary
          insurance, the costs of which insurance shall be for the purchaser’s account.
              (c) Should the purchaser effect any improvements to the property before transfer, neither the sheriff nor the exection creditor
          can be held liable for the costs of such improvements
              6.3. (a) The property is sold as represented by the Title Deeds and diagram or Sectional Plan, subject to all servitudes and
          conditions of establishment, whichever applies to the property. Notwithstanding anything to the contrary hereinbefore contained,
          the property is sold free from any title conditions pertaining to the reservation of personal servitudes in favour of third parties and
          in respect of which servitudes preference has been waived by the holder thereof in favour of the execution creditor.
              (b) The sheriff and the execution creditor shall not be liable for any deficiency that may be found to exist in the property.
              (c) The sheriff and the execution creditor shall not be obliged to point out any boundaries, beacons or pegs in respect of the
          property hereby sold.
              7. SALE SUBJECT TO EXISTING RIGHTS
              Where the property is subject to a lease agreement the following conditions apply:
              7.1. Insofar as the property is let to tenants and the sheriff is aware of the existence of such tenancy then:
              (a)  then the property shall be sold subject to such tenancy if that lease was concluded before the Execution Creditor’s
          mortgage bond was registered; or
              (b)  if the lease was concluded after the Execution Creditor’s mortgage bond was registered, the property shall be offered first
          subject to the lease and if the selling price does not cover the amount owing to the execution creditor as reflected on the warrant
          of execution plus interest as per the Writ, then the property shall be offered immediately thereafter free of the lease.
              7.2. Notwithstanding any of these provisions, the purchaser shall be solely responsible for evicting any person or other
          occupier claiming occupation of the property, including a tenant, at the purchaser’s cost. No obligation to do so shall vest in the
          sheriff and/or the execution creditor.
              7.3. The property is furthermore sold subject to any lien or liens in respect thereof.
              8. BREACH OF AGREEMENT
              8.1.
              (a) If the purchaser fails to carry out any obligation due by the purchaser under the conditions of sale, the sale may be
          cancelled by a Judge summarily on the report of the sheriff after due notice to the purchaser, and the property may again be put
          up for sale.
              (b) In the event of the circumstances in paragraph 8.1(a) occurring, the purchaser shall be responsible for any loss sustained
          by reason of such default, which loss may, on the application of any aggrieved creditor whose name appears on the sheriff’s
          distribution account, be recovered from the purchaser under judgment of a Judge pronounced on a written report by the sheriff,

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