FORM B |
Memorandum of Charge |
BEFORE .................................... Notary Royal practising in Saint Lucia residing in the town of ............................. Saint Lucia. |
MEMORANDUM OF CHARGE made this ...................... day of ................. 20 and ............................. by ............................. of ............................. in Saint Lucia (hereinafter called “the Borrower”) in favour of the Saint Lucia Housing Authority incorporated by the Housing Act, 1966 (hereinafter called “the Authority”): |
WHEREAS by deed of lease dated the ....................... day of ...................... 20............ registered in the Registry of Deeds and Mortgages on the .......................... day of ...................... 20........... in Volume .............. No .......................... and made between .............................................. (hereinafter called “the Landlord”) of the One part and ............................. of the Other part (hereinafter referred to as “the said Lease”) the Landlord demised to .......................................... immovable property described in the Schedule hereto (hereinafter referred to as “the said demised property”) for the term of ................... years from the ........................... day of ............................. 20............; at the yearly rent of ............................. subject to the covenants and conditions therein appearing. |
AND WHEREAS the Borrower is now possessed of the said demised property for all the unexpired residue of the term of ........................ years created by the said Lease. |
AND WHEREAS the Landlord as intervener consents to the assignment of the said demised property to the Authority. |
AND WHEREAS the Borrower has applied to the Authority for a loan of the sum of ............................. under the provisions of section 18 of the said Act to be applied in or towards the purposes following, that is to say— .................................................................................................................................................................. which loan the Authority has agreed to make upon the terms and conditions and in manner hereinafter appearing:— |
WITNESSETH as follows— |
1. In pursuance of the agreement and in consideration of the sum of ......................... *now lent by the Authority to the Borrower (the receipt of which sum the Borrower hereby acknowledges) [or* lent by the Authority to the Borrower on completion of the work to be undertaken] the Borrower hereby covenants with the Authority to pay to the Authority the said loan with interest thereon at the rate of $............................. % per annum by monthly instalments of principal and interest combined at the rate of ................................... in respect of every $1,000: Provided that if default is made by the Borrower in payment of any instalment of principal or interest or if the Borrower shall commit a breach of any covenant or obligation herein contained or if any event shall arise whereby the Authority may exercise its power of sale the whole of the principal money then outstanding shall become immediately due and payable with interest thereon at the rate aforesaid. |
2. For the consideration aforesaid the Borrower acting herein with the consent of the Landlord as appears by the Landlord's intervention herein hereby mortgages and hypothecates UNTO the Authority thereof accepting all and singular the Borrower's rights, title, interest and estate in and to the said demised property comprised in and demised by the said Lease together with the buildings created or hereafter to be erected thereon and all the appurtenances and dependencies thereof. |
3. The said loan of .............................. above-mentioned shall be made on the certificate of the Chief Engineer or of an officer of his or her department authorised by him or her in that behalf or an Inspector appointed by the Authority as to the completion of the work to be undertaken: Provided that if at any time prior to the payment of the said sum of .................................. any event shall arise whereby the Authority may exercise its power of sale the Authority may decline to pay the same and may exercise any or all of the powers available to mortgages for enforcing payment of their securities. |
4. However, on payment by the Borrower to the Authority of all sums due by the Borrower under this Memorandum of Charge this Charge shall at the request of the Borrower be vacated by .............................. Memorandum of Discharge in the prescribed form or otherwise as the Borrower shall direct. |
5. THE BORROWER HEREBY COVENANTS WITH THE AUTHORITY DURING THE CONTINUANCE OF THIS SECURITY as follows— |
(1) | To keep all the buildings erected on the said demised property in good and substantial repair to the satisfaction of the Authority. And if the Borrower shall fail or neglect to do so after due notice thereof to him or her the Authority may thereupon enter upon the premises and execute such repairs as may be necessary to comply with the obligations. And the Borrower will on demand repay to the Authority all the expenses incurred by the Authority and will pay interest at the rate of $ .......................... % per annum from the date of the demand until repayment and all such expenses and interest until repayment shall be charged on the said demised property. |
(2) | To keep all the said buildings and out offices insured in the name of the Authority against loss or damage caused by fire, earthquake [and hurricane] in the sum of ............................. with some Insurance Company approved by the Authority and will make all payments required for the purpose as and when the same shall become due and will when required by the Authority deliver up for safe keeping by the Authority the policy or policies of such insurance and the receipt for each such payment. And if the Borrower shall fail to perform any of his or her obligations under this paragraph and if the Authority shall thereupon insure the said buildings or any of them in any amount not exceeding ............................. the Borrower will on demand repay to the Authority all payments made for that purpose and will pay interest at the rate of $............................. % per annum from the date of the demand until repayment and all moneys not repaid on demand as aforesaid and all such moneys and interest shall be charged on the said demised property. |
(3) | To pay and discharge all rates, taxes, duties, charges and assessments impositions and outgoings whatsoever which shall be assessed charge for imposed upon or payable in respect of the said demised property or any part thereof by the Borrower and if the Borrower shall at any time refuse or neglect to make such payments or to deliver the receipt therefor to the Authority on demand the Authority may pay the same and the Borrower will on demand, repay to the Authority all payments made for that purpose and will pay interest at the rate of $............................. % per annum from the date of demand until repayment and all moneys not repaid on demand as aforesaid and all such moneys and interest shall be charged on the said demised property. |
(4) | Not to exercise any power of leasing or letting the said demised property or mortgaging or hypothecating or selling or otherwise disposing of the same or any part thereof except with the consent in writing of the Authority for that purpose first had and obtained. |
(5) | To use the said demised property as a residence for .......................... and ........................... immediate family and for no other purpose unless the provision of the Authority in writing is first had and obtained. |
6. PROVIDED ALWAYS and it is hereby agreed as follows— |
(1) | The Borrower may pay off all or any number of instalments of the principal money for the time being owing: Provided that upon such payment the interest on the whole principal money for the time being owing be fully paid and that any such partial payment by anticipation shall not interfere with the payment in regular course of the instalments of principal and interest subsequently payable but shall only have the effect of accelerating the ultimate payment of the moneys remaining owing on this Charge. |
(2) | The Authority may in its absolute discretion exercise its powers of sale in any of the following events— |
| (a) | if default is made in payment of any instalment of principal and interest for the time being owing on this Charge for one month after notice requiring payment thereof shall have been served on the Borrower; |
| (b) | if the Borrower fails to observe any of his or her obligations hereunder other than in regard to the payment of principal and interest; |
| (c) | if the Borrower commits any act of bankruptcy or make any assignment for the benefit of his or her creditors; |
| (d) | if the Borrower dies. |
AND AT THE MAKING OF THESE PRESENTS there came and intervened the Landlord WHO having taken communication herein and being satisfied with these presents as they affect him or her hereby consents to the mortgaging or hypothecating of the said demised property. |
WHEREOF RECORD |
IN WITNESS WHEREOF these presents after due reading thereof have been signed at Castries in Saint Lucia on the day month and year first hereinbefore written by the parties with and in the presence of the said Notary. |
SCHEDULE |
(Description of the said demised property) |
Signed by the within-named .................... ................. the Borrower in the presence of ...................... | |
Signed by the within-named ...................... ................................... the Landlord and Intervener in the presence of ...... | |
The Seal of the Saint Lucia Housing Authority was hereunto affixed under a resolution of the Authority in the presence of ........................ its Chairperson ............................ another member of the Authority and ..................... Secretary. | Chairperson. |
Member. |
Secretary. |
Notary Royal. |