general Conditions of Sale these notes should be read carefully with reference to lots 201 to 219 for the glasgow auction on 24th october Scotland: general Conditions of Sale (third edition) registered in the books of Council and Session on the 9th March 2001. Special Conditions of Sale as applicable to particular lots will be available at the auction, and prior to the auction, at the auctioneers offices and will be available or issued by the auctioneers as a supplement to the auction Catalogue and shall be taken as forming part of the same.Whether or not inspecting the same, the purchaser shall be deemed to purchase with full notice of the said Conditions and other deeds and documents aforesaid. THESE GENERAL CONDITIONS APPLY TO THE SALE OF EACH OF THE LOTS IN THE AUCTION, SUBJECT TO ANY VARIATION OR ADDITION REFERRED TO IN THE SPECIAL CONDITIONS RELATING TO THE RELEVANT LOT. the general Conditions of Sale by Halifax plc registered in the Books of Council and Session on 26th october 2000 (“the said Conditions”) shall be deemed to be incorporated herein brevitatis causa subject only to the following amendments: a. “the Seller” is defined in the articles of Roup: B. added to the end of Condition 3.4 shall be the words “neither the auctioneers nor the Seller shall be liable for any claim or compensation arising from the sale or withdrawal of a property prior to auction”: C. added to the end of Condition 3.5 shall be the words “the auctioneer may sign the Minute of preference and enactment on behalf of the purchaser thus binding the purchaser to the sale”: D. Condition 5.1 shall be amended in that the deposit will be ten per centum (10%) of the agreed price or a deposit of £1,500.00 whichever the greater: e. Condition 22 of the said Conditions shall be deleted in its entirety: GENERAL CONDITIONS OF SALE BY HALIFAX PLC REGISTERED IN THE BOOKS OF COUNCIL AND SESSION ON 26TH OCTOBER 2000 THESE GENERAL CONDITIONS APPLY TO THE SALE OF EACH OF THE LOTS IN THE AUCTION WHICH HAVE BEEN ENTERED BY HALIFAX PLC, SUBJECT TO ANY VARIATION OR ADDITION REFERRED TO IN THE SPECIAL CONDITIONS RELATING TO THE RELEVENT LOT. 1. Interpretation: “the lot” is the property which is the subject of the sale and is described in the relevant partictulars and/or Special Conditions and in the articles of Roup or any part thereof which is being offered for sale. “the Seller” means Halifax plc of trinity Road, Halifax, West Yorkshire, HX1 2Rg as heritable creditor in possession of the lot. ”the offeror” is identified in the Minute of preference and enactment. “the purchaser” is identified in the Minute of preference and enactment. “the auction” is the Roup of Sale held in the Sale Room on the date of the sale. “the auctioneers” are identified in the articles of Roup and the term includes the individual auctioneer representing the auctioneers and who is responsible for the conduct of the auction. “the auctioneer” shall be the judge of Roup named in the Minute of preference and enactment and shall have the power to determine whatever questions and differences which may occur at the Roup. “the Sale Room” is the location of the auction. “the particulars” are the particulars relating to the lot and are contained in the Brochure relating to the auction at which it is proposed to offer the lot for sale, or in the case of a late entry, they are available (separate from the Brochure) in the Sale Room immediately before the auction. “the articles of Roup” are available (separate from the Brochure) in the Sale Room immediately before the auction. “the Minute of preference and enactment” is contained in the articles of Roup and will be completed following the auction of the lot. “the Special conditions” are the Special Conditions relating to the sale of the lot and are contained in (or their whereabouts are described in) the articles of Roup or are available at the Sale Room immediately before the auction. “the Conditions of Sale” are collectively these general Conditions of Sale and the Special Conditions. the singular is deemed to include the plural (and vice versa) and the masculine is deemed to include the feminine (and vice versa). Registers of Scotland all obligations, agreements or warranties given by or on behalf of the purchaser or/and the offeror pursuant to the particulars or Conditions of Sale shall, where such party consists of two or more persons, be deemed to be joint or several. the under mentioned headings do not form part of the Conditions of Sale and are only to assist ease of reference.the relevant subject matter may also be dealt with under headings apparently relating to different topics. 2. Relationship between the General and Special Conditions: 2.1 in the event of anything in these general Conditions conflicting with the Special Conditions, the Special Conditions shall prevail. 2.2 the Seller reserves the right to alter or add to the Conditions of Sale at any time prior to the sale taking place. 3. The Auction: 3.1 Unless otherwise stated, the lot shall be offered for sale at the auction, subject to an undisclosed reserve price. 3.2 the auctioneers have the right to regulate the bidding and to refuse to accept any bid or bids without assigning any reason therefore in their sole and absolute discretion. in the event of any dispute on bidding, the auctioneers decision shall be final. 3.3 the auctioneers shall have the right to divide and sell the lot in separate lots if the whole is un-sold, or to amalgamate individual lots and sell them in one lot. 3.4 the Seller reserves the right to withdraw the lot from the auction and the Seller reserves the right to sell the whole or any part of the lot before the auction without, in either event, declaring the reserve price. 3.5 Subject to the foregoing provisions, the highest offeror for the lot at the auction shall be the purchaser. on the lot being knocked down, the successful offeror must forthwith complete and sign the Minute of preference and enactment, the date of which shall be the date of the auction and the offeror shall become bound and obliged for the sum offered by him. if the successful offeror acted as an agent, he must give the auctioneers’ Clerk the details of the principal at the time of completing and signing the Minute of preference and enactment. in default, the auctioneers shall be entirely at liberty to re-submit the lot for sale at any time without consulting or giving notice to the earlier successful bidder or his principal. 4. Corporate Purchaser: in the event of the purchaser being an incorporated Company, it is agreed that this contract is entered into at the request of an agent (“the guarantor”) whose bid the auctioneers shall have accepted. in consideration of this contract being entered into at the request of the guarantor, the guarantor warrants to the Seller and the auctioneers that the purchaser is a properly constituted incorporated Company empowered to purchase, take on, lease or otherwise acquire any land and building or interest in any heritable rights connected with any such land or buildings and that the guarantor has absolute authority to bind the Company to this contract as its agent and he guarantees to the Seller (as witnessed by his signature to the Minute of preference and enactment which he shall be deemed to have signed, both as agent for and on behalf of the Company and in his capacity as guarantor) as follows: 4.1 that the purchaser will observe and perform all its obligations under this Contract and in accordance with the Conditions of Sale, and will pay and make good to the Seller all losses, costs, damages and expenses occasioned to the Seller by non-performance (in whole or part) of the terms and conditions of the Contract or any of them including (but without prejudice to the generality of the foregoing) the non-payment of the deposit or the whole or any part of the purchase price or any other monies which may become due on completion, and it is agreed that any neglect of forbearance on the part of the Seller in enforcing or giving time to the purchaser for the performance of the terms and conditions under this contract or any of them, shall not in any way release the guarantor in respect of his personal liability under this condition. 4.2 that if the purchaser shall enter into liquidation and the liquidator shall disclaim this contract, the guarantor shall, if the Seller within 21 days after receiving such disclaimer so requires by giving 14 days notice in writing to the guarantor, agree that the original contract be rescinded, and will personally enter into a fresh contract with the Seller on the original terms and conditions. in the event of the Seller serving such notice, the Date of entry (for which time shall be of the essence) shall be on or before the expiration of such a notice and the Conditions of Sale shall apply and the guarantor shall pay to the Seller such sum or sums as the purchaser would have been liable to pay (including interest) had the liquidator not disclaimed the contract including (but without prejudice to the generality of the foregoing) the amount of the deposit payable on the signing of the Memorandum of Sale (if such deposit has not previously been paid) and the whole or whatever part of the purchase price and other monies may become due on the Date of entry. 4.3 that the guarantor shall within 5 working days of any request therefore, provide to the Seller’s solicitors such evidence as they may reasonably require to verify any warranties given by the guarantor under this condition. 5. Deposit: 5.1 a deposit of fifteen per centum (15%) of the agreed purchase price or a deposit of £1,500.00, whichever shall be the greater, shall be paid by either the offeror or the purchaser to the auctioneers (not personally to the individual auctioneer) immediately after the auction, which deposit shall be held by the auctioneers as agents for the Seller, unless otherwise specified in the Special Conditions of Sale. 5.2 the auctioneers reserve the right to hold the Minute of preference and enactment, signed by the auctioneers on behalf of the Seller, until the cheque tendered by the www.countrywidepropertyauctions.co.uk guide prices may be amended at any time leading up to the auction. Don’t forget your proof of identity on the day – see page 7 purchaser in respect of the deposit has been cleared and/or until the full deposit has been received by the auctioneers. 5.3 the contract for the sale of the lot shall be created upon the auctioneers accepting a bid from a purchaser, unless otherwise stated in the Special Conditions, and the payment of a deposit shall not be a precondition of the contract. 5.4 if a cheque given for payment of the deposit is dishonoured or is not met when first presented or if the purchaser fails to pay the required deposit immediately after the auction, the Seller shall be entitled to treat such dishonour or failure as a repudiation of the contract and rescind the contract without prejudice to the Seller’s right to claim the damages for repudiation of the contract. 6. Settlement: 6.1 on the date of entry and in exchange for payment of the whole purchase price and interest thereon, if any, the Seller shall deliver to the purchaser (a) a duly executed Disposition or where appropriate assignation of the lot in favour of the purchaser and under the reservations, burdens, conditions and others referred to in the title deeds of the lot or otherwise affecting the same, (b) any occupancy, tenancy or lease documentation relating to the lot, and (c) the title deeds as detailed in the inventory of Writs annexed to the articles of Roup. 6.2 any current lets, servitudes, rights of possession and other rights however constituted shall be excluded from the warrandice to be granted in said Disposition or assignment. 7. Property at Risk of Purchaser: the risk of damage or destruction of the lot will pass to the purchaser as from midnight on the date of the auction.the purchaser shall insure the lot with effect from the date of the auction and the Seller will be under no liability as from the said date for the destruction or partial destruction of the lot from whatever cause. the purchaser shall be bound to proceed with the purchase of the lot in terms of the articles of Roup notwithstanding damage to or destruction total or partial of the lot from whatever cause. 8. Particulars: 8.1 it is the purchaser’s responsibility to satisfy himself as to the accuracy of each aspect of the particulars before making a bid for the lot. 8.2 the Seller reserves the right to alter or add to the particulars at any time prior to the sale taking place. 9. Tenure and Interest: 9.1 the tenure of the lot or interest sold are as stated in the particulars and /or Special Conditions. 9.2 if the title is not registered at the land Register of Scotland or in the Registers of Sasine, it will be deducted in accordance with the Special Conditions. 9.3 the title will be taken as it stands and the purchaser will be taken bound to have satisfied himself as to the validity and sufficiency of the title and the burdens and conditions affecting same and of the Seller’s right to the lot and its power to sell same. 9.4 the lot is sold under burden of any servitudes and right of wayleave for laying and maintaining sewers, drains, pipes, cables, telegraph and telephone poles, wires and stays that may be held in, through or across the lot. 9.5 the purchaser shall free and relieve the Seller of all obligations incumbent upon the Seller to uphold and maintain any items of common property and any fences, drains, ditches, water supplies or other works within or connected with the lot. 9.6 Minerals will be conveyed only in so far as the Seller has right hereto and no coal mining or other minerals report will be exhibited or delivered. 9.7 the purchaser shall be deemed to have made all necessary enquiries in connection with the planning position, the status of roads, footpaths and main drains, and generally all such other matters as are normally covered by local authority Searches and property enquiry Certificates and the Seller will not require to produce any such Certificates or Searches. 9.8 no warranty is given as to the compliance by any occupants of the lot with legislation whether delegated or otherwise or as to the fitness of the lot for any use or purpose.all bidders shall be held to have satisfied themselves before bidding as to whether the lot or any property in the vicinity of the lot constitutes contaminated land as defined in Section 78a(2) of the environmental protection act 1990 or as subsequently amended or any regulations made therunder. 9.9 no Searches in the property Register or land Registration Form Reports, Searches in the personal or the Charges Register or Company Files of the Seller or any predecessors in title will be exhibited or delivered, nor will any letters of non-crystallisation of floating charges granted by the Seller or any predecessors in title, and no letter of obligation shall be granted by the Seller’s solicitors. 9.10 the Seller will be responsible for the discharge of any Standard Securities recorded or registered in respect of the lot. Where any lot is being sold by the Seller as heritable creditor in possession, the Seller will not be under any obligation to deliver (a) a discharge of the Standard Security in favour of the Seller, (b) a discharge of any pari passu or postponed Standard Securities or charges, or (c) a discharge of any inhibitions registered against the granter of the said Standard Security in favour of the Seller as heritable creditor and dated after the date of recording or registration of said Standard Security. 9.11 any plan which the purchaser may wish to incorporate in his title to the lot or annex to the Disposition in his favour or 53