Professional Documents
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WHEREAS:
(A) By a Sale and Purchase Agreement in writing (hereinafter referred to as “the Principal
Sale Agreement”) made on the 10th August 1995 between Safuan Plaza Sdn Bhd (Co.
No. 61915-M) (In Liquidation) a company incorporated in Malaysia and having its office
at C/o Messrs Wong Weng Foo & Co, 41, Damai Complex, Jalan Dato Haji Eusoff,
50400 Kuala Lumpur (hereinafter referred to as “the Developer”) of the one part AND
Razali Bin Bujang (NRIC No. 570606-71-5137), Aminah Binti Koming (NRIC No.
570121-01-5028) and Mohamad Bazir Bin Kamarudin (NRIC No. 570117-10-5039)
(hereinafter referred to as “the Purchaser”) of the other part the Developer agreed to sell
to the Purchaser and the Purchaser agreed to purchase from the Developer a unit of
shoplot with vacant possession distinguished as Unit No. 3-10A, 3rd Floor, Safuan Plaza,
Jalan Raja Alang, 50300 Kuala Lumpur - now bearing postal address Unit No. 3-10A, 3rd
Floor, Safuan Plaza, Jalan Raja Alang, Kg. Bahru, 50300 Kuala Lumpur measuring
approximately 395 square feet in area more particularly described in the Principal Sale
Agreement (hereinafter referred to as “the said Property”) which erected on the land held
under Master Title Geran No. 10022, Lot No. 2257, Seksyen 41, Town of Kuala Lumpur,
District and State of Wilayah Persekutuan Kuala Lumpur (hereinafter referred to as “the
said Land”) upon terms and conditions therein contained in the Principal Sale
Agreement.
(B) The Purchaser and Razali Bin Bujang (NRIC No. 570606-71-5137) & Mohamad Bazir
Bin Kamarudin (NRIC No. 570117-10-5039) (hereinafter referred to as “the Borrower”)
has by a Loan Agreement and Deed of Assignment in writing (hereinafter referred to as
“the Security Documents”) both made on the 29th day of November 1995 assigned
absolutely all his rights title and interest in and to the said Property and under the
Principal Sale Agreement and the full benefits granted thereby to the Assignor to secure
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a housing loan granted to the Borrower for Ringgit Malaysia One Hundred Seventy Nine
Thousand and Eight Hundred (RM179,800.00) (hereinafter referred to as “the Loan”).
(C) The Purchaser having defaulted in the repayment of the Loan at the time and in the
manner stated in the Security Documents, the Assignor had in the exercise of the
Assignor’s rights under the Security Documents and pursuant thereto, the Property was
sold at public auction held on the 30th day of May 2014 to the Assignee on the terms
and conditions stated in the Proclamation of Sale of Public Auction for the purchase
price of Ringgit Malaysia Forty Six Thousand Nine Hundred Eleven and cent Forty Four
(RM46,911.44).
(D) The individual strata title to the said Property has yet to be issued by the relevant
authority as at the date of this Deed.
(E) The Assignor is now desirous of assigning all its rights title and interest in and to the said
Property under the Principal Sale Agreement save except the right of the Assignor to be
indemnified by the Purchaser against all actions proceedings damages penalties cost
claims and demands which may be brought against the Assignor by reasons of non-
observance of all or any of the stipulations on part of the Purchaser contained in the
Principal Sale Agreement for the entire period of time from the making of the Security
Documents to the date of this Deed to the Assignee.
1. In consideration of the sum of the said Purchase Price paid to the Assignor for the
purchase of the said Property in accordance with the provisions of the Proclamation of
Sale dated 30th day of May 2014 and the Conditions of Sale contained therein and in
further consideration of the Assignee assuming the entire responsibility for and
undertaking to carry out and discharge observe and perform ALL whatsoever
agreements conditions covenants obligations stipulations and terms to be performed and
contained in the Principal Sale Agreement and this Deed, the Assignor hereby assign
unto the Assignee ALL the Assignor’s rights, title, interests and benefits in and to the
said Property under the Principal Sale Agreement and TO HOLD the same unto the
Assignee absolutely.
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2. The Assignee hereby covenants with the Assignor that the Assignee will perform, fulfill
and observe all and every stipulations, provisos and conditions, restrictions, agreements
and covenants respectively that are covenanted to be performed and observed by the
Assignor mentioned or contained therein the Principal Sale Agreement and will at all
times keep the Assignor indemnified against all actions, claims, demands, charges,
damages, penalties, proceedings and costs in respect of or arising out of the Principal
Sale Agreement.
3. Upon signing of this Deed by the respective parties hereto the Assignee shall be
governed by all the terms, conditions, stipulations, agreements, covenants contained in
the Principal Sale Agreement as if she was the Purchaser herself mutatis mutandis.
4. The Assignor hereby confirm that henceforth they shall have no rights, title or interest
whatsoever in respect of the said Property or any part thereof and shall make no claims
whatsoever in respect thereof save except the right of the Assignor to be indemnified by
the Purchaser against all action proceedings damages penalties cost claims and
demands which may be brought against the Assignor by reasons of non-observance of
all or any of the stipulations on part of the Purchaser contained in the Principal Sale
Agreement for the entire period of time from the making of the Security Documents to
the date of this Deed and the Assignor hereby further expressly acknowledges from the
date of this Deed the Assignee is the person entitled to the legal and equitable rights title
and interests in and to the said Property.
5. All quit rent, assessments, taxes, insurance, service charges, maintenance fees and
other lawful outgoings in respect of the said Property shall henceforth be paid by the
Assignee.
6. This Deed shall be binding upon the heirs, personal representatives and assigns, as the
case may be, of the parties hereto.
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7. The stamp duty and disbursement in connection with the preparation and completion of
this Deed including any solicitors’ cost shall be borne and paid by the Assignee
absolutely.
8. In this Deed where the context so admits, the following expressions shall have and bear
the respective meaning assigned to them hereunder:-
(a) words importing the feminine gender shall include the male and neuter gender and
vice versa.
(b) words importing the singular number shall include the plural number and vice versa.
(c) where there are two or more persons, included in the term “the Assignor” and/or
“the Assignee” their respective liabilities under this Deed shall be joint and
several.
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IN WITNESS WHEREOF the parties hereto have hereunto set their hands and/or seal the day
and year first above written.
This is the execution page of the Deed of Assignment dated the day of
2015 executed by CIMB Bank Berhad (13491-P) as the Attorney for Razali Bin Bujang (NRIC
No. 570606-71-5137), Aminah Binti Koming (NRIC No. 570121-01-5028) and Mohamad Bazir
Bin Kamarudin (NRIC No. 570117-10-5039) in favour of Carpostech Sdn Bhd (Co. No. 965485-
A) in respect of the Property known as Unit No. 3-10A, 3rd Floor, Safuan Plaza, Jalan Raja
Alang, 50300 Kuala Lumpur now bearing postal address Unit No. 3-10A, 3rd Floor, Safuan
Plaza, Jalan Raja Alang, Kg. Bahru, 50300 Kuala Lumpur and held under the Master Title
Geran No. 10022, Lot No. 2257, Seksyen 41, Town of Kuala Lumpur, District and State of
Wilayah Persekutuan Kuala Lumpur.
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ENDORSEMENT OF THE LIQUIDATOR’S CONSENT
Property: Unit No. 3-10A, 3rd Floor, Safuan Plaza, Jalan Raja Alang, 50300 Kuala Lumpur
I, Wong Weng Foo the Liquidator for Safuan Plaza Sdn Bhd (Co. No. 61915-M) (In Liquidation)
in Malaysia and having its office at C/o Messrs Wong Weng Foo & Co, 41, Damai Complex,
Jalan Dato Haji Eusoff, 50400 Kuala Lumpur (hereinafter referred to as “the Developer”) do
hereby acknowledged that the within written Deed of Assignment was duly intimated to us by
the delivery of true copy thereof. We hereby undertake to execute and deliver to the Assignee a
valid Memorandum of transfer in favour of the Assignee together with the strata title upon
issuance there of free from all encumbrance.