AGREEMENT OF SALE

Between

1. CHARLES THOMAS RUMBOLL

Identity Number 900808 5203 08 5

Unmarried

One sixth ownership share in the Property

2. LEIGH ANNE ELIZABETH RUMBOLL

Identity Number 920214 0284 08 7

Unmarried

One sixth ownership share in the Property

3. JUANA ELIZABETH DALE

Identity Number 570921 0049 08 7

Married out of community of property

One third ownership share in the Property

4. MARIE LYNETTE HUBINGER

Identity Number 660112 0103 08 9

Married out of community of property

One third ownership share in the Property

(hereinafter referred to as the “Sellers”)

And

TBI-Y2C TRUST

Registration Number: IT1426/2021 (C)

(hereinafter referred to as "the Purchaser")

This is a suggested standard form agreement. STBB accepts no responsibility for errors or omissions therein.
Agreement of Sale – Conventional (Seller)
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The Seller agrees to sell to the Purchaser who agrees to purchase the following property (hereinafter
called "the Property") upon the terms and conditions set out hereunder.

1. PROPERTY

ERF 2812 HERMANUS

IN THE OVERSTRAND MUNICIPALITY
DIVISION CALEDON
WESTERN CAPE PROVINCE

IN EXTENT: 991 (NINE HUNDRED AND NINETY ONE) SQUARE METRES

2. PURCHASE PRICE
The purchase price payable by the Purchaser to the Seller is:

R26 500 000.00 (TWENTY-SIX MILLION FIVE HUNDRED THOUSAND RAND) which amount
excludes / includes any VAT, if applicable, and shall be paid as follows:

2.1 R2 650 000.00 (TWO MILLION SIX HUNDRED AND FIFTY THOUSAND RAND) which
has already been paid to the Seller's Conveyancers within the stipulated time, which
amount shall be invested by the Seller's Conveyancers in terms of section 86(4) of the
Legal Practice Act No 28 of 2014 in an interest bearing account until registration of
transfer of the property into the name of the Purchaser (“registration”), any interest earned
thereon to accrue to the Purchaser.

2.2 The balance of the purchase price shall be paid in cash into the above-mentioned
interest-bearing trust account of the Seller’s Conveyancers within 10 (ten) days of the
date of signature of this agreement and paid over to the Seller upon registration.

3. COSTS
The Purchaser shall pay all transfer costs incurred to enable registration, including but not
limited to transfer duty or VAT, as the case may be, costs of this Agreement, deeds office fees
and costs of diagrams, which amounts shall be paid upon request of the Seller's Conveyancers.

4. TRANSFER
Transfer of the Property shall be passed by the Seller's Conveyancers and shall be given and
taken on as soon as reasonably possible. The Purchaser shall sign all transfer documents on
request by the Seller's Conveyancers.

This is a suggested standard form agreement. STBB accepts no responsibility for errors or omissions therein.
Agreement of Sale – Conventional (Seller)
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5. POSSESSION & VACANT OCCUPATION
5.1 Possession of the Property shall be given and taken on registration, from which date all
benefits and obligations of ownership shall pass to the Purchaser and from which date all
risk in the Property shall pass to the Purchaser.

5.2 The Seller shall, up to the date of registration, keep the Property in the same condition
that it is in on the date of signature to this Agreement, subject to reasonable wear and
tear.

5.3 Vacant occupation of the Property shall be given and taken on TRANSFER (“the
Occupation Date”).

6. RATES AND CHARGES

The Purchaser shall be liable for the payment of any Local Authority Rates and other charges in
respect of the Property beyond the date of possession and shall refund to the Seller any such
monies which may have been paid in advance beyond such date. The Seller agrees to insure
the building/s for replacement value up to date of registration, from which date it shall be the
responsibility of the Purchaser.

7. AGENT’S COMMISSION
The Purchaser warrants that no estate agent introduced them to the Property and that no
estate agent was the effective cause of this sale and indemnifies the Seller against any claim
for estate agents commission.

8. BEETLE FREE CERTIFICATE OF COMPLIANCE

The Property shall be inspected, prior to registration and at the Seller's expense, by a
contractor approved by the Government Department of Entomology, for any infestation by
timber destroying beetles. If no infestation by such beetles is found, the Entomologist shall
furnish a certificate confirming that there is no infestation. If infestation by such beetles is found,
the infested timber shall be replaced at the Seller's expense, but apart from such replacement
there shall be no further responsibility on the part of the Seller in connection with any infestation
by beetles.

9. ELECTRICAL INSTALLATION CERTIFICATE OF COMPLIANCE

The Seller shall, prior to registration and at the Seller’s expense, deliver to the Purchaser a
certificate of compliance in regard to the electrical installation on the Property in terms of the
Electrical Installations Regulation Mo. R242 of March 2009 which certificate is to be issued by
an electrical contractor. Should there be any defects regarding the electrical installation prior to

This is a suggested standard form agreement. STBB accepts no responsibility for errors or omissions therein.
Agreement of Sale – Conventional (Seller)
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 issuing of the certificate, the Seller shall cause for such defects to be fixed at the Seller’s
expense. The Seller undertakes not to alter the electrical installation after the issue of the said
certificate.

10. GAS INSTALLATION – CERTIFICATE OF CONFORMITY

In the event of there being a gas installation in the Property, the Seller shall, prior to registration
and at the Seller’s expense, be obliged to obtain a Certificate of Conformity in respect of such
an installation as is required by Section 17(3) of Government Notice R734 of 15 July 2009,
Government Gazette 32395. Should there be any defects regarding the gas installation prior to
issuing of the certificate, the Seller shall cause for such defects to be fixed at the Seller’s
expense. The Seller undertakes not to alter or remove the gas installation after issue of the said
certificate.

11. ELECTRIC FENCE CERTIFICATE OF COMPLIANCE

In the event of there being an electrical fence on the Property over which the Seller has
absolute control, the Seller shall, prior to registration and at the Seller’s expense, furnish the
Purchaser with a certificate of compliance issued by an electrical contractor in terms of the
Electrical Installations Regulation Mo. R242 of March 2009. Should there be any defects
regarding the electric fence prior to issuing of the certificate, the Seller shall cause for such
defects to be fixed at the Seller’s expense. The Seller undertakes not to alter remove the
electric fence after issue of the said certificate.

12. GENERAL CLAUSES

12.1 The Property is sold, as regards its extent, as set out in the title deed(s), diagrams and
plans thereof and the Seller shall not be liable in respect of any shortfall which might be
discovered prior to or after registration and the Purchaser shall have no claim in respect
of any excess which may be found on re-survey of the Property.

12.2 The Purchaser acknowledges that the Purchaser has satisfied himself by personal
inspection, or by means of independent sources of information, concerning any burdens
or servitudes to which the Property may be subject, and also concerning all advantages
and disadvantages attaching to the Property; and hereby agree to such servitudes and
other conditions attached to the Property.

12.3 The Purchaser acknowledges that he has been given the opportunity to properly inspect
the Property, either personally or by his appointment of a suitably qualified person to
inspect on the Purchaser’s behalf and acknowledges further that he accepts the Property
in the condition in which it was on the date of such inspection.

This is a suggested standard form agreement. STBB accepts no responsibility for errors or omissions therein.
Agreement of Sale – Conventional (Seller)
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 12.4 The Seller gives no express or implied warranty whatsoever with respect to the Property
or any aspect thereof and warrants that all elements material to the condition of the
Property and within the Seller’s knowledge have been duly disclosed to the Purchaser.
Moreover the Property is sold voetstoots, as it stands at the date of signature hereof,
together with all buildings and all fixtures and fittings which will include all visible and non-
visible defects applicable to such Property.

12.5 The Purchaser acknowledges that the Purchaser has not been influenced into entering
into this Agreement by any express or implied information, statement or representation
given or made by or on behalf of the Seller. The Purchaser hereby waives in favour of the
Seller any rights whatsoever which the Purchaser otherwise may have obtained against
the Seller as result of any such information, statement or representation given or made by
or on behalf of the Seller and that he has made all necessary enquiries and negotiated
the inclusion of whichever condition in respect of the Property prior to signature of this
Agreement, with specific reference to the condition of the Property, the legality of the
Property and any other material aspect of the Property.

12.6 This Agreement constitutes the entire agreement between the parties and no other
conditions, stipulations, warranties or representatives whatsoever have been made by
either party or agent other than such as are contained herein. No modification, variation
or alteration hereto shall be valid unless in writing and signed by all parties or their
respective agents.

Should there be more than one Purchaser to this Agreement, their liability in terms of this
Agreement shall be joint and several.

12.7 This Agreement is subject to the demolition permit being transferred to the Purchaser.
The costs to transfer the permit, if any, will be paid by the Sellers. This suspensive
condition may be waived by the Purchaser at their own discretion.

13. BREACH
Should any party fail to fulfill any of the terms and conditions of this Agreement (“the defaulting
party”) on the due date and remain in default for a period of 7 (seven) days after the other party
(“the aggrieved party”) has delivered a written notice to the defaulting party specifying the
breach and demanding that it be rectified, the aggrieved party may without further notice and
without prejudice to his/her rights:

13.1 claim specific performance by the defaulting party of all his/her obligations under this
Agreement; or

This is a suggested standard form agreement. STBB accepts no responsibility for errors or omissions therein.
Agreement of Sale – Conventional (Seller)
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 13.2 cancel this Agreement and claim damages from the defaulting party that may have been
suffered as a result of the breach.

Any latitude which may have been allowed by the aggrieved party in respect of any breach by
the defaulting party in terms hereof, shall not under any circumstances be deemed to be a
waiver of the aggrieved party’s rights under this Agreement nor a novation hereof, nor shall it
prevent the aggrieved party from exercising any right nor absolve the defaulting party from any
obligation under this Agreement.

14. NOTICES AND DOMICILIA

14.1 The parties to this Agreement choose the following addresses as their respective
domicilia citandi et executandi for all purposes arising hereunder and as their respective
addresses for the service of any notices required to be served upon them:

14.1.1 the Seller at: 51 BERGZICHT STREET

MALMESBURY
7299

Email Address:izak@rumboll.co.za ; juanadale@telkomsa.net ; lynettehubinger67@gmail.com

14.1.2 the Purchaser at: 28 KAREE STREET

KRAAIFONTEIN INDUSTRIA
7570

Email Address: sakkie@liebengroup.co.za ; wynand@liebencapital.com

14.2 Any notice or communication required or permitted in terms of this Agreement shall be
valid and effective only if in writing but it shall be competent to give such notice by email.

14.3 Either party may by notice to the other change the physical address chosen as
domicilium, or may advise a email address or change the email address; provided that
such change(s) shall only become effective on the sixth business day after the date of
receipt, or deemed date of receipt, of such notice by the addressee.

14.4 Any notice to a party shall –

14.4.1 If sent by pre-paid registered post, be deemed to have been received on the
sixth business day after posting unless the contrary is proved.

This is a suggested standard form agreement. STBB accepts no responsibility for errors or omissions therein.
Agreement of Sale – Conventional (Seller)
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 14.4.2 If delivered by hand, shall be deemed to have been received on the day of
delivery or on the next business day if the day of delivery is not a business day.

14.4.3 If sent by email, shall be deemed to have been received on the date of dispatch
or on the next business day if the time of dispatch is not on a business day
unless the contrary shall otherwise be proved.

14.4.4 Notwithstanding anything to the contrary herein contained, a written notice or

communication actually received by a party to this Agreement shall be an
adequate written notice or communication to it/him/her notwithstanding that it
was not sent to or delivered at the chosen domicilium citandi et executandi or
transmitted to such party's email address as stipulated herein.

15. COSTS OF ENFORCEMENT OF SELLER’S RIGHTS

If, for any reason whatsoever, the Seller instructs its attorneys to take action against the
Purchaser in terms hereof, and notwithstanding that such action may not involve litigation or the
issue of process from any court of law, then the Purchaser shall be liable for, and the Seller
shall be entitled to recover on demand, all such legal fees incurred by the Seller including in
particular wasted costs of transfer, collection costs and all costs on an attorney/client scale,
notwithstanding that, in the absence of this paragraph, the Seller would not be entitled to
recover any costs from the Purchaser, or costs other than on a party and party scale.

16. TAX AFFAIRS

16.1 The Seller and Purchaser declare that their tax affairs are in order.

16.2 Should the failure or refusal of the South African Revenue Service (“SARS”) to issue a
transfer duty receipt be due to the tax affairs of the Seller or the Purchaser not being in
order, the party whose tax affairs are not in order shall be in breach of this Agreement
and the other party shall be entitled to the relief referred to in clause 18.3 and 18.4 below.

16.3 In the event of the Seller's tax affairs not being in order, the Purchaser may:
16.3.1 hold the Seller bound to this Agreement and enforce performance of the
obligations of the Seller under this Agreement;
OR
16.3.2 cancel this Agreement forthwith;
AND
16.3.3 claim damages from the Seller.

16.4 In the event of the Purchaser's tax affairs not being in order, then the Seller may:

This is a suggested standard form agreement. STBB accepts no responsibility for errors or omissions therein.
Agreement of Sale – Conventional (Seller)
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 16.4.1 hold the Purchaser bound to this Agreement, enforce performance of the
obligations of the Purchaser hereunder and claim immediate payment of all
amounts payable by the Purchaser under this Agreement, including payment of
the full balance of the purchase price outstanding together with any interest
accruing thereon, costs and other charges;
OR
16.4.2 cancel this Agreement forthwith;
AND
16.4.3 retain all amounts paid by the Purchaser as liquidated damages and claim any
additional damages.

17. EXPIRY
The first signature to this Agreement shall constitute an irrevocable offer, which may not be
withdrawn prior to presentation to the Seller and which thereafter shall remain available for
acceptance until ___________________________, whereafter it shall lapse and be of no
further force and effect.

This is a suggested standard form agreement. STBB accepts no responsibility for errors or omissions therein.
Agreement of Sale – Conventional (Seller)
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SIGNED at _________________________ on this ___ day of _________________ 2021

AS WITNESSES:

1.
CHARLES THOMAS RUMBOLL

2.
LEIGH ANNE ELIZABETH RUMBOLL

JUANA ELIZABETH DALE

MARIE LYNETTE HUBINGER

SIGNED at _________________________ on this ___ day of _________________ 2021

AS WITNESSES:

1.

------------------------------------------------------
-
(Duly authorised hereto by virtue of a
resolution of the trustees of TBI-Y2C
TRUST)

2.

This is a suggested standard form agreement. STBB accepts no responsibility for errors or omissions therein.
Agreement of Sale – Conventional (Seller)
Page 9 Of 12
THE FOLLOWING INFORMATION TO BE COMPLETED IN FULL BY THE SELLER:
SELLER

1. CHARLES THOMAS RUMBOLL

Identity Number 900808 5203 08 5

Unmarried

2. LEIGH ANNE ELIZABETH RUMBOLL

Identity Number 920214 0284 08 7

Unmarried

3. JUANA ELIZABETH DALE

Identity Number 570921 0049 08 7

Married out of community of property

4. MARIE LYNETTE HUBINGER

Identity Number 660112 0103 08 9

Married out of community of property

PRESENT ADDRESS: 51 BERGZICHT STREET

MALMESBURY

7299

FUTURE ADDRESS: ____________________________________________________________

TELEPHONE NUMBER:

[Business ______________________

[Home] ______________________

[Cell] ______________________

E-MAIL: izak@rumboll.co.za ; juanadale@telkomsa.net ; lynettehubinger67@gmail.com

EXISTING BOND INFO:________________________________________________________ [Bank]

________________________________________________ [Branch]

___________________________________ [Bond Account Number]

This is a suggested standard form agreement. STBB accepts no responsibility for errors or omissions therein.
Agreement of Sale – Conventional (Seller)
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 _____________________________ [EST amount of Bond

remaining]

This is a suggested standard form agreement. STBB accepts no responsibility for errors or omissions therein.
Agreement of Sale – Conventional (Seller)
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THE FOLLOWING INFORMATION TO BE COMPLETED IN FULL BY THE PURCHASER:
PURCHASER

TBI-Y2C TRUST

Registration Number: IT1426/2021 (C)

PRESENT ADDRESS: 28 KAREE STREET

KRAAIFONTEIN INDUSTRIA

7570

FUTURE ADDRESS: ____________________________________________________________

TELEPHONE NUMBER:

[Business ______________________

[Home] ______________________

[Cell] ______________________

E-MAIL: sakkie@liebengroup.co.za ; wynand@liebencapital.com

PURPOSE FOR WHICH YOU INTEND TO USE THE PROPERTY (PRIMARY RESIDENCE /

INVESTMENT / ETC):

__________________________________

This is a suggested standard form agreement. STBB accepts no responsibility for errors or omissions therein.
Agreement of Sale – Conventional (Seller)
Page 12 Of 12