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IN THE MATTER OF THE FACILITY AGREEMENT DATED THE 29TH DAY OF AUGUST 2008, ASSIGNMENT (FIRST
PARTY) AND POWER OF ATTORNEY BOTH DATED THE 23RD DAY OF OCTOBER, 2008
BETWEEN
CITIBANK BERHAD (297089-M) ASSIGNEE/BANK
AND
1) AMINUDIN BIN SHARIF (NRIC NO. 750111-01-5129)
2) VIABILITY BINTI HAMZAH (NRIC NO. 760704-01-7014) ASSIGNOR(S)/BORROWER(S)
In exercise of the rights and powers conferred upon the Assignee/Bank under the Facility Agreement dated the 29th day of August 2008,
Assignment (First Party) and Power of Attorney both dated the 23rd day of October, 2008 entered between the Assignor(s)/Borrower(s) and
the said Assignee/Bank (“the Facility Agreement, Assignment (First Party) and Power of Attorney”), it is hereby proclaimed that the said
Assignee/Bank with the assistance of the under mentioned Auctioneer will sell the property described below by:-
PUBLIC AUCTION
ON MONDAY THE 25TH DAY OF MARCH 2019
AT 10.30 A.M. IN THE MORNING
IN THE AUCTION HALL AT SUITE C-20-3, LEVEL 20
BLOCK C, MEGAN AVENUE II
NO. 12, JALAN YAP KWAN SENG
50450 KUALA LUMPUR
NOTE: Prospective bidders are advised to:- (1) inspect the subject property (2) seek legal advice on the Conditions of Sale herein (3) conduct an
official title search on the Parent Title at the relevant Land Office and/or other relevant authorities and, (4) make the necessary enquiries
with the Developer and/or other relevant authorities on the terms of consent to the sale herein prior to the auction sale.
PARTICULARS OF TITLE
Individual Title of the property has been issued by the relevant authority.
INDIVIDUAL TITLE/LOT NO : HSD 305376, PT 52715
MUKIM / DISTRICT / STATE : Petaling / Petaling / Selangor Darul Ehsan
DEVELOPER’S LOT NO. : 1B131, Double Storey Link House (Type Villa Megania), Saujana Puchong
TENURE : Leasehold for 99 years and expiring on 15.03.2114
LAND AREA : Approximately 108.69 sq metres / 1,170 square feet
CATEGORY OF LAND USE : Building
EXPRESS CONDITION : Residential Building
RESTRICTION IN INTEREST : Property can be transferred, leased or charged after obtaining the consent from the State Authority
DEVELOPER : Expand Factor Sdn. Bhd. (In Liquidation)
PROPRIETOR : Perbadanan Kemajuan Pertanian Selangor
BENEFICIAL OWNER(S) : AMINUDIN BIN SHARIF & VIABILITY BINTI HAMZAH
ENCUMBRANCE : Assigned to Citibank Berhad
ACCOMMODATION : (Presumably) – Ground Floor – Living/Dining, One (1) Bedroom, Bath/Wc, Kitchen, Terrace and Car Porch
First Floor - Family Area, Master Bedroom with attached Bath/Wc, One (1) Bedroom with an attached
Bath/Wc and One (1) Bedroom
RESERVE PRICE:
The subject property will be sold on an "as is where is basis" subject to a reserve price of RM410,000.00 (RINGGIT MALAYSIA: FOUR
HUNDRED TEN THOUSAND ONLY) (subject to any others taxes implemented, whenever applicable) and to the Conditions of Sale by way of
an Assignment from the above Assignee/Bank and subject to the consent being obtained from the relevant authorities, if any and all expenses
incurred in obtaining the said consent shall be borne by the successful Purchaser.
All intending bidders are required to deposit with the Assignee/Bank’s Solicitor a sum equivalent to 5% of the fixed reserve price BY BANK DRAFT
in favour of CITIBANK BERHAD (AMINUDIN BIN SHARIF & VIABILITY BINTI HAMZAH) prior to the commencement of the auction sale. The
balance of the purchase money to be settled within ninety (90) days from the date of sale to MESSRS T.J. GOH & CO., Solicitors for the
Assignee/Bank.
For further particulars, please apply to MESSRS T.J. GOH & CO. Solicitors for the Assignee/Bank whose address for service is at Suite 1705, 17th
Floor, Block A, Entrance 2, Damansara Intan, 1, Jalan SS20/27 47400 Petaling Jaya, Selangor Darul Ehsan (Ref: GEN/LIT/CITI/12941/15,
Tel : 03-7726 4225, Fax : 03-7727 6526) or the under mentioned Auctioneer :-
LELONGAN AWAM
PADA HARI ISNIN BERSAMAAN 25HB MAC 2019
PADA JAM 10.30 PAGI
DI DEWAN LELONG PADA SUITE C-20-3, ARAS 20
BLOK C, MEGAN AVENUE II
NO. 12, JALAN YAP KWAN SENG
50450 KUALA LUMPUR
NOTA : Bakal-bakal penawar adalah dinasihatkan agar (1) memeriksa hartanah tersebut (2) meminta nasihat daripada Pihak Guaman mengenai
Syarat-Syarat Jualan, (3) membuat carian Hakmilik Induk secara rasmi di Pejabat Tanah dan/atau lain-lain Pihak-pihak Berkuasa yang
berkenaan, dan (4) membuat pertanyaan dengan Pihak Pemaju dan/atau pihak-pihak lain yang berkenaan mengenai persetujuan untuk
jualan ini sebelum jualan lelong.
BUTIR-BUTIR HAKMILIK
Hakmilik Individu telah dikeluarkan oleh Pihak Berkuasa yang berkenaan.
NO. HAKMILIK INDIVIDU/LOT : HSD 305376, PT 52715
MUKIM / DAERAH / NEGERI : Petaling / Petaling / Selangor Darul Ehsan
NO. LOT PEMAJU : 1B131, Rumah Teres Dua Tingkat (Jenis Villa Megania), Saujana Puchong
PEGANGAN : Pajakan selama 99 tahun dan tamat tempoh pada 15.03.2114
KELUASAN TANAH : Lebih kurang 108.69 meter persegi / 1,170 kaki persegi
KATEGORI KEGUNAAN TANAH : Bangunan
SYARAT-SYARAT NYATA : Bangunan Kediaman
SEKATAN KEPENTINGAN : Hartanah ini boleh dipindahmilik, dipajak atau digadai setelah mendapat kebenaran Pihak Berkuasa Negeri
PENJUAL / PEMAJU : Expand Factor Sdn. Bhd (Dalam Likuidasi)
PEMILIK TANAH : Perbadanan Kemajuan Pertanian Selangor
PEMILIK BENEFISIAL : AMINUDIN BIN SHARIF & VIABILITY BINTI HAMZAH
BEBANAN : Diserahhak kepada Citibank Berhad
2) BIDDING DEPOSIT
2.1 Subject to paragraph 5.1 below, all intending bidders shall deposit with the Auctioneer, prior to the auction sale, a bank draft drawn in
favour of CITIBANK BERHAD (AMINUDIN BIN SHARIF & VIABILITY BINTI HAMZAH) for a sum (Bidding Deposit) equivalent to five per
cent (5%) of the Reserve Price.
3) AUTHORITY TO ACT/BID
3.1 Any agent acting on behalf of another person, body corporate or firm is required to deposit with the Auctioneer, prior to the auction sale, a
letter of authority from such person, body corporate or firm stating that he is acting on behalf of the person, body corporate or firm, as the
case may be.
3.2 If the sale is restricted to individuals and not to incorporated bodies or companies as specified by the Developer/Landowner and/or other
relevant authorities, it shall be sold to individual persons only.
3.3 If the sale is restricted to Bumiputra only, the intending bidder(s) shall be Bumiputra or Bumiputra company only.
3.4 All intending bidders shall be required to verify their identities by showing the Auctioneer their identity cards prior to the commencement of
the auction, failing which they shall not be entitled to bid.
6.2 In the event that the total purchase price ("TPP") is higher than the Reserve Price, the Purchaser declared by the Auctioneer shall
immediately pay to the Auctioneer a sum ("Differential Sum") equivalent to the difference between five per centum (5%) of the TPP
(“Purchase Deposit") and the Bidding Deposit either in cash or bank draft or cashier's order drawn in favour of CITIBANK BERHAD
(AMINUDIN BIN SHARIF & VIABILITY BINTI HAMZAH) as payment of deposit and towards part payment of TPP.
6.3 In the event that the Purchaser fails to pay the Differential Sum or fails to sign the said Memorandum, the Bidding Deposit shall be forfeited
by the Assignee/Bank and the Property may be put up for sale again at a date and time to be fixed by the Assignee/Bank. The costs and
expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained all the resale comparing
to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer by the
Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as
correct and conclusive.
6.4 In the event that the Purchaser stops payment or countermands on the bank draft for the Bidding Deposit and/or the Purchase Deposit the
Property may be put up for sale at a date and time to be fixed by the Assignee/Bank . The costs and expenses of, in connection with and
resulting from such resale together with any deficiency in the price obtained at the resale comparing to the price obtained in the aforesaid
sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and expenses of, in
connection with and resulting from such resale shall be accepted by the Purchaser as correct and conclusive.
6.5 The balance of the TPP (Balance Purchase Price) (subject to any others taxes implemented, whenever applicable) shall be paid by the
Purchaser within NINETY (90) days from the date of the sale to the Assignee/Bank by bank draft drawn in favour of CITIBANK BERHAD
(AMINUDIN BIN SHARIF & VIABILITY BINTI HAMZAH). However, the period of 90 days may be extended by the Assignee/Bank at its
absolute discretion upon written request by the Purchaser before the expiry date provided that if any extension is granted, the Purchaser
shall pay the Assignee/Bank interest at the rate to be determined by the Assignee/Bank at its absolute discretion on the Balance Purchase
Price calculated on a daily basis until full payment of such amount.
6.6 In the event that the Purchaser fails to pay the Balance Purchase Price within the time or extended time, as the case may be and in the
manner as stipulated in paragraph 6.5 above, the Purchase Deposit together with the interest (if any) paid under Clause 6.2 above shall be
forfeited by the Assignee/Bank and the property may again be put up for sale at a date and time to be fixed by the Assignee/Bank. The
costs and expenses of, in connection with and resulting from such resale together with any deficiency in the price obtained in the resale
comparing to the price obtained in the aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the
Assignee/Bank as to the costs and expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as
correct and conclusive.
6.7 Subject to Clause 6.1, 6.2, 6.3, 6.4, 6.5 and 6.6 hereof, the Property in which there is / are outstanding progressive payment(s) due to the
Developer, the purchaser shall :-
a) In the event that he/she shall require a loan to enable him/her to complete the purchase herein, the Purchaser shall within time
stipulated in Clause 6.5 hereof, cause his/her financier to issue a letter of undertaking to pay the balance progressive payment
according to the schedule of the Principle Sale and Purchase Agreement made in favour of the Developer from his/her financier and
to release the Assignee/Bank from its original undertaking;
b) In the event that he/she shall not require a loan to enable him/her to purchase herein, the Purchaser shall within time stipulated in
Clause 6.5 hereof, procure a bank guarantee to pay the balance progressive payment according to the schedule of the Principle Sale
and Purchase Agreement made in favour of the Developer and to release the Assignee/Bank from its original undertaking;
c) Any payment due and payable to the Developer after the date of sale, including the balance progressive payment according to the
schedule of the Principle Sale and Purchase Agreement, charges, interest and penalty as a result of the delay by the Purchaser in
giving of any undertaking/bank guarantee stated in Clause 6.7(a) & (b) hereof, shall be borne by the Purchaser absolutely; and
d) In the event that the Purchaser shall fail, neglect and/or refuse to procure a letter of undertaking/ bank guarantee mentioned in the
manner and at the times reserved in Clause 6.7(a) & (b) hereof, the Assignee shall be entitled to terminate the Sale by a notice in
writing to the Purchaser whereon 5% Deposit referred in Clause 6.2 shall be forfeited by the Assignee/Bank and the property may
again be put up for sale at a date and time to be fixed by the Assignee/Bank . The costs and expenses of, in connection with and
resulting from such resale together with any deficiency in the price obtained in the resale comparing to the price obtained in the
aforesaid sale shall be recoverable from the defaulting Purchaser. A certificate by an officer of the Assignee/Bank as to the costs and
expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as correct and conclusive.
8) CONDITION OF PROPERTY
All bidders shall be deemed to have carried out all investigations and examinations of the Property and the title particulars at their own costs
and expenses and upon being successful, accept the Property in the state and condition in which the Property is at the date of the auction sale
9) TENANCIES AND RESTRICTIVE COVENANTS
The Property is believed to be and shall be taken to be correctly described and is sold subject to all express conditions, restrictions- in-interests,
caveats, leases, tenancies, easements, liabilities, encumbrances and rights, if any, subsisting thereon or thereover without the obligation to
define the same respectively and the Purchaser is deemed to have full knowledge thereof.
13) CONSENT
It shall be the responsibility of the Purchaser to apply for consent from the relevant authorities if any in respect of the sale and all fees, charges
and expenses including administrative fees in connection with or incidental to the application shall be borne by the Purchaser.
17) TRANSLATION
In the event of any discrepancy, misstatement, omission or error appearing in the various translations on the particulars and conditions herein,
the English version shall prevail.
19) ENCROACHMENT/ACQUISITION
The Assignee/Bank has no notice or knowledge of any encroachment or that the Government or any other authority has any immediate
intention of acquiring the whole or any part of the Property for roads or any improvement schemes and if such encroachment shall be found to
exist or if the Government or any local authority has any such intention, the same shall not annul the sale or shall any abatement or
compensation be allowed in respect thereof.