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2009 DATED LORNA DOROTIIY PERRY to CONTRACT OF SALE OF REAL ESTATE Property: 29 Leonard Street, Burwood Russo & Russo PtY Ltd Solicitors 150 Sydney Road Brunswick 3056 Tel:. 93878A22 DX: 95615 Brunswick Fax: 9387 5604 Ref: PR:2009:150 perry2009l50\d\contract.doc - 05/0612009

Contract of Sale

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Page 1: Contract of Sale

2009DATED

LORNA DOROTIIY PERRY

to

CONTRACT OF SALE OF REAL ESTATE

Property: 29 Leonard Street, Burwood

Russo & Russo PtY LtdSolicitors

150 Sydney RoadBrunswick 3056

Tel:. 9387 8A22DX: 95615 Brunswick

Fax: 9387 5604Ref: PR:2009:150

perry2009l50\d\contract.doc - 05/0612009

Page 2: Contract of Sale

CONTRACT OF SALE OF REAL ESTATEPARTICULARS OF SALE

Part I ofthe standard form ofcontract prescribed by theEstate Agents (Contracts) Regulations 200E

SIGNING OF THIS CONTRACT

Thevendorsellsandthepurchaserbuystheproperty,ueineinconditions set out in this contract.The terms of this contract are contained in the:

* Particulars of sale;* Special conditions, if any ;* General conditions; and* Vendor's Statement

and in that order of priority.The Vendor's Statement required by section 32(l) of the Sale of Lan il Act 1962 is attached to and forms partof this contract. The parties should ensure that when they sign the contract they receive a copy of thevendor's Statement, the general conditions and any special conditions.

The authority of a person signing:under power of attorney; oras director ofa corporation; oras agent authorised in writing by one of the partiesmust be noted beneath the signature.

A1Y Person whose signature is secured by an estate agent acknowledges being given by the agent atof signing a copy of this contract comprising:

*Form I (Contract of Sale of Real Estate - particulars of Sale);*Special Conditions, if any;*Form 2 (Contract of Sale of Real Estate - General Conditions);*Vendor's Statement.

the time

SIGNED BY THE PURCHASER

print namo of person signingstate nature of authority if applicable

on.... . . . . . . . . / . . . . . . . . /20A9

(e.g.'director', "attorney

This offer will lapse unless accepted within t I clear business days (3 days if none specified)

SIGNED BY THE VENDOR

LORNA DOROTHY PERRY

on.... . . . . . . . . / . . . . . . . . /2009

The DAY oF SALE is the date by which both parties have signed this contract.IMPORTANT NOTICE TO PURCHASERS

Cooling-off period Section 3l Sale of Land Act 1962You may end this contract within 3 clear business days of the day that you sign the contract if none of theexceptions listed below applies to you. You must either give the vendor or the vendor's agent written noticethat you are ending the contract or leave the notice at the address ofthe vendor or the vendor's agent to endthis contract within this time in accordance with this cooling-offprovision. You are entitled to a refund of allthe money you paid EXCEPT for $100 or 0.2%o of the purchase price (whichever is more) if you end thecontract in this way.EXCEPTIONS - The 3-day cooling-off period does not apply if-' you bought the property at or within 3 clear business days before or after a publicly advertised auction;' you received independent advice from a legal practitioner before signing the contract;. the property is used mainly for industrial or commercial purposes;' the property is more than 20 hectares in size and is used mainly for farming;' you and the vendor previously signed a similar contract for the same property; ort you are 4!! estate agent or a corporate body.

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Page 3: Contract of Sale

Vendor's Estate Agent:Paul Osborneof SECRETAGENTTel:0402 182949

Vendor:

LORI\A DOROTHY PERRYof 29 Leonard Street, Burwood 3125

Vendor's Legat Practitioner or Conveyancer:

RUSSO & RUSSO PTY LTDof 150 Sydney Road Brunswick 3056DX 956I5 BRLINSWICK, VICTORIATel:9387 8022Email: [email protected]

Purchaser:

PARTICULARS OF SALE

Fax:

Fax: 9387 5604Ref: PR:2009:150

Purchaser's Legal Practitioner or Conveyancer:

Property Address:

29 Leonard Street. Burwood

Land:The land is described -. in the attached copy title. and plan. as Volume 8131 Folio 281and includes all improvements and fixtures

Goods: (list or atiach schedule):All fittings and fixtures as inspectedPayment Price 0.00

0.00 by (of which $Deposit $ has been paid)

Balance $ 0.00 payable at settlement

GST (refer to general condition 13)The price includes GST (if any) unless the words 'plus GST' appear in this box :

If this is a sale of a 'farming business' or 'going concern' then add the words 'farming business' or'goingconcern' in this box:

If the margin scheme will be used to calculate GST then add the words 'margin scheme' in this box:

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Page 4: Contract of Sale

PARTICULARS OF SALE continued

Settlement

is due on

unless the land is a lot on an unregistered plan of subdivision, in which case settlement is due on the above

date or 14 days after the vendor !iu", noii". to the purchaser of registration of the plan, whichever is the

later.At settlement the purchaser is entitled to vacant possession of the property unless the words 'subject to

lease' appear in this box:

in which case referto general condition 1.1. If'subject to lease'then particulars ofthe lease are :

If this contract is intended to be a terms contract within the meaning of the Sale of Land Act 1962 then add

the words 'terms contract' in this box :

and refer to general condition 23 andadd any further provisions by way of special conditions

EncumbrancesThis sale is NoT subject to an existing mortgage unless the words 'subject to existing mortgage' appear in

this box:

If the sale is 'subject to existing mortgage' then particulars of the mortgage are :

Special ConditionsThis contract does not include any special conditions unless the words 'special conditions' appear in this

box

Loan (refer to general condition 14)

The foilowing-details apply if this contract is subject to a loan being approved'

Lender:Loan amountApproval date:

$0.00

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Page 5: Contract of Sale

CONTRACT OF SALE OF REAL ESTATE - GENERAL CONDITIONS

Part2 ofthe standard form ofcontract prescribed by theEstate Agents (Contracts) Regulations 2008

TITLE

1. Encumbrancesl.l The purchaser buys the property subject to:

(a) any encumbrance shown in the Vendor's Statement other than mortgages or caveats; and(b) any reservations in the crown grant; and(c) any lease referred to in the particulars ofsale.

1.2 The purchaser indemnifies the vendor against all obligations under any lease that are to be performed

by the landlord after settlement.1.3 If the particulars of sale provide that the purchaser is taking over an existing mortgage:

(a) the purchaser assumes liability for the mortgage; and(b) the price is satisfied to the extent of any mortgage money owing at settlement; and(c) the vendor must treat any payment made by the purchaser under the mortgage as a payment

made to the vendor under this contract.

2. Vendor warranties2.1 The vendor warrants that these general conditions I to 28 are identical to the general conditions I to 28

in the standard form of contract of sale of real estate prescribed by the Estate Agents (Contracts)

Regulations 2008 for the purposes of section 53A of the Estate Agents Act 1980.2.2 The warranties in general conditions 2.3 and2.4 replace the purchaser's right to make requisitions and

inquiries.2.3 The vendor warrants that the vendor:

(a) has, or by the due date for settlement will have, the right to sell the land; and(b) is under no legal disabili8; and(c) is in possession ofthe land, either personally or through a tenant; and(d) has not previously sold or granted any option to purchase, agreed to lease or granted a pre-

emptive right which is current over the land and which gives another party rights which havepriority over the interest ofthe purchaser; and

(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and(0 will at settlement be the unencumbered owner of any improvements, fixtures, fittings and

goods sold with the land.2.4 The vendor further warrants that the vendor has no knowledge of any of the following:

(a) public rights of way over the land;

O) easements over the land;(c) lease or other possessory agreement affecting the land;(d) notice or order affecting the land which will not be dealt with at settlement, other than the

usual rate notices and any land tax notices;(e) legal proceedings which would render the sale of the land void or voidable or capable of being

set aside.2.5 The warranties in geneml conditions 2.3 and 2.4 arc subject to any contrary provisions in this contract

and disclosures in the Vendor's Statement.2.6 If sections l37B and l37C of the Building Act 1993 apply to this contract, the vendor warrants that:

(a) all domestic building work carried out in relation to the construction by or on behalf of thevendor of the home was carried out in a proper and workmanlike manner; and

(b) all materials used in that domestic building work were good and suitable for the purpose forwhich they were used and that, unless otherwise stated in the contract, those materials werenew; and

(c) domestic building work was carried out in accordance with all laws and legal requirements,including, without limiting the generality of this warranf, the Building Act 1993 andregulations made under the Building Act 1993.

2.7 Words and phrases used in general condition 2.6 which are defined in the Building Act 1993 have thesame meaning in general condition 2.6.

3. Identity of the land3.1 An omission or mistake in the description, measurements or area of the land does not invalidate the

sale.3.2 The purchaser may not:

(a) make any objection or claim for compensation for any alleged misdescription of the propertyor any deficiency in its area or measurements; or

(b) require the vendor to amend title or pay any cost of amending title.

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Page 6: Contract of Sale

4. Senices4.1 The vendor does not represent that the services are adequate for the purchaser's poposed use of the

property and the vendoi advises the purchaser to make appropriate inquiries. The condition of the

services may change between the day of sale and settlement and the vendor does not promise that the

services wili be in the same condition at settlement as they were on the day of sale-

4.2 The purchaser is responsible for the connection of all services to the property after settlement and the

payment of anY associated cost.

5. ConsentsThe vendor must obtain any necessary consent or licence required for the sale. The contract will be at an end and

all money paid must be refiunded if any necessary consent or licence is not obtained by settlement.

6. TransferThe transfer of land document must be prepared by the purchaser and delivered to the vendor at least 10 days

before settlement. The delivery of the iransfer of land document is not acceptance of title. The vendor must

prepare any document required for assessment of duty on this transaction relating to matters that are or should

be within the knowledg" of dt" vendor and, if requested by the purchaser, must provide a copy of that document

at least 3 daYs before settlement.

7. Release of company chargeThe vendor must'provide at iettlement a release of the property from any registered charge lodged under the

Corporations .l,ci ZOO1 (Cth) if requested in writing to do so at least 21 days before settlement. This

obligation does not appry if the chargee is the proprietor of a registered mortgage over the land' The vendor

-uri puy the registration fee if either parly requires registration of that release.

8. Builder warrantY insuranceThe vendor must piovide at settlement details of any current builder wananty insurance relating to the properly

if requested in writing to do so at least 2l days before settlement.

9. General law land9.1 This condition only applies if any part of the land is not under the operation of the Transfer of Land

Act 1958.g.2 The vendor is taken to be the holder of an unencumbered estate in fee simple in the land if there is an

unbroken chain of title starting at least 30 years before the day of sale proving on the face of the

documents the ownership of thJentire legal and equitable estate without the aid of other evidence-

g.3 The purchaser is entitled to inspect the vindor's chain of title on request at such place in Victoria as the

vendor nominates.g.4 The purchaser is taken to have accepted the vendor's title if:

(a) 2l days have elapsed since the day ofsale; and

(b) the purchaser has not reasonably objected to the title or reasonably required the vendor to

remedy a defect in the title.

9.5 The contract will be at an end if:(a) the vendor gives the purchaser a notice that the vendor is unable or unwilling to satis8/ the

purchaser's ob.lection'or requirement and that the contract will end if the objection or

iequirement is not withdrawn within 14 days of the giving of the notice; and

(b)theobject ionorrequirement isnotwithdrawninthatt ime.9.6 If the conhact ends in accordance with general condition 9.5, the deposit must be returned to the

purchaser and neither party has a claim against the other in damages.g.7 General condition 10.1 should be read, in respect of that part of the land which is not under the

operation ofthe Transfer ofLand Act 1958, as ifthe reference to 'registered proprietor' is a reference

to'owner ' .

MONEY

10. Settlementl0.l At settlement:

(a) the purchaser must pay the balance; and

(b) the vendor must:(i) do all things necessary to enable the purchaser to become the registered proprietor of

the land: and(iD give either vacant possession or receipt of rents and profits in accordance with the

particulars of sale.

10.2 The vendor's obligations under this general condition continue after settlement.

10.3 Settlement must bi conducted betwien the hours of 10.00 a.m. and 4.00 p.m' unless the parties agree

otherwise.

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Page 7: Contract of Sale

11. PaymentI 1.i The purchaser must pay the deposit:

tl.2

(a) to the vendor's licensed estate agenq or

6) if there is no estate agent, to the verdo1s legal practitioner or conveyancer; or

(c) if the vendor directsinto a special pu.por.Iu""ount in an authorised deposit-taking institution

inVictoriaspecifiedbythevendorinthejointnamesofthepurchaserandthevendor.If the land sold is a lot on an unregistered plan of subdivision, the deposit:

(a) must not exceed l0% ofthe price; and

(b) must be Paid:(i) to the vendor's licensed estate agent or legal practitioner or conveyancer and held by

the estate agent, legal practitioner or conveyancer on trust for the purchaser until the

regisffation of the plan of subdivision; or

(ii) ifthe vendor direcis, into a special purpose account in an authorised deposit-taking

institution in Victoria specified by itre venAor in the contract in the joint names of the

purchaser and the vend-or and held in that account until the registration of the plan of

12.

subdivision.

11.3 The purchaser must pay all money other than the deposit:

(a)^tothevendor,orthevendor 's legalpract i t io lerorconveyancer;or(b) in accordance with a written iit"ttion of the vendor or the vendor's legal practitioner or

conveyancer.ll.4 At settlement, payments may be made or tendered:

(a) in cash; or(b)bydraf torchequedrawnonanauthor iseddeposi t . takinginst i tut ion;-o '^, '(c) i f thepart iesagree,byelectronical lytransferr ingthepayment i l tn3rgrmofclearedfunds.

I I .5 For the purpose of this general condition 'authorised deposit-taking institution' means a body corporate

in relation to which an a:uthority under subsection 9(3)oithe Banking Act 1959 (cth) is in force'

I1.6 The purchaser must pay bank fees on up to ten bank cheques at settlement, but the vendor must pay the

bank fees on any additionat bank cheques requested by the vendor.

Stakeholdingl2.l The diposit must be released to the vendor if:

(a) g,e uenao. pionid", proof, to the reasonable satisfaction ofthe purchaser, that either-

(i) there are no debts secured againstthe property; or

(iD if there are any debts, the toll amounf of thoie debts do not exceed 80% of the sale

price; and(b) at least Zit days have elapsed since the day ofsale; and

(ct all conditions of the sale of Land Act 1962 have been satisfied.

12.2 The stakeholder must pay the deposit and any interest to the party entitled when the deposit is released'

the contract is settled, or the contract is ended'

|2.3Thestakeholo". 'nuypuythedeposi tandanyinterest intocourt i f i t isreasonabletodoso.

GST13.1 The purchaser does not have to pay the vendor any GST payable by the vendor in respect ofa taxable

supply made under this contract in uioition to the price uniess the particulars of sale speciff that the

price is 'plus GST'. However the purchaser must pay to the vendor any GST payable by the vendor:

(a) solely as a result ofany action taken or intinded to be taken by the purchaser after the day of

sale, including a change ofuse; or(b) if the particulars of sale speciry that the supply made under this contract is a farming business

una *,i ruppry does not satisfythe requirements of section 38480 of the GST Act; or

(c) if the particulars of sale speciry thatihe supply made under this contract is a going concern

*a trr! *ppry does not sa;isfy ihe requirements of section 38-325 of the GST Act'

13.2 The purchaser must pay to the uendoiany CSr payable by the vendor in respect of a taxable supply

made under this contract in addition to the price if ttre particulars of sale speciff that the price is 'plus

GST'.13.3 If the purchaser is liable to pay GST, the purchaser is not required to make payment until provided with

a tax invoice, unless the margin scheme applies'

13.4 If the particulars of sale specify that the supptv madeunderlhis contract is a 'farming business':

(a) the vendor warrants ihat the ptop"tty is- land on which a farming business has been carried on

for the period of5 years preceding the date ofsupply; and

(b) the purthaser wanants that the iurchaser intends ihat a farming business will be carried on

after settlement on the ProPerty'13.5 If the particulars of sale speciry inai the supply made under this contract is a 'going concern' :

(a) ttre parties agree'that ihis confiactis lor the supply of a going concerq_and

(b) the purchase-r warrants that the purchaser is, or'piior to iettlement will be, registered for GST;

and(c) the vendor warrants that the vendor will carry on the going concem until the date of supply'

13.

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Page 8: Contract of Sale

13.6 If the particulars of sale speciS that the supply made under this contract is a 'margin scheme' supply,the parties agree that the margin scheme applies to this contract.

13.7 This general condition will not merge on either settlement or registration.13.8 In this general condition:

(a) 'GST Act' means A New Tax System (Goods and Services Tax) Act 1999 (Cth); and(b) 'GST' includes penalties and interest.

14. Loanl4.l Ifthe particulars ofsale specifu that this contract is subject to a loan being approved, this contract is

subject to the lender approving the loan on the security ofthe properly by the approval date or any laterdate allowed by the vendor.

14.2 The purchaser may end the contract if the loan is not approved by the approval date, but only if thepurchaser:(a) immediately applied for the loan; and(b) did everything reasonably required to obtain approval of the loan; and(c) serves written notice ending the contract on the vendor within 2 clear business days after the

approval date or any later date allowed by the vendor; and(d) is not in default under any other condition of this contract when the notice is given.

14.3 All money must be immediately refunded to the purchaser if the contract is ended.

15. Adjustmentsl5.l All periodic outgoings payable by the vendor, and any rent and other income received in respect of the

property must be apportioned between the parties on the settlement date and any adjustment paid andreceived as appropriate.

15.2 The periodic outgoings and rent and other income must be apportioned on the following basis:(a) the vendor is liable for the periodic outgoings and entitled to the rent and other income up to

and including the day of settlement; and(b) the land is treated as the only land of which the vendor is owner (as defined in the Land Tax

Act 2005); and(c) the vendor is taken to own the land as a resident Australian beneficial owner; and(d) imy personal statutory benefit available to each parly is disregarded in calculating

apportionment.

TRANSACTIONAL

16. Time16.1 Time is of the essence of this contract.16.2 Time is extended until the next business day if the time for performing any action falls on a Saturday,

Sundav or bank holidav.

17. Servicel7.l Any document sent by post is taken to have been served on the next business day after posting, unless

proved otherwise.17.2 Any demand, notice, or document required to be served by or on any party may be served by or on the

legal practitioner or conveyancer for that party. It is suffrciently served ifserved on the party or on thelegal practitioner or conveyancer:(a) personally; or(b) by pre-paid post; or(c) in any manner authorised by law or the Supreme Court for service of documents.

18. NomineeThe purchaser may nominate a substitute or additional purchaser, but the named purchaser remains personallyliable for the due performance ofall the purchaser's obligations under this contract.

19. Liability of signatoryAny signatory for a proprietary limited company purchaser is personally liable for the due performance of thepurchaser's obligations as if the signatory were the purchaser.

20. GuaranteeThe vendor may require one or more directors of the purchaser to guarantee the purchaser's performance of thiscontract if the purchaser is a proprietary limited company.

21. NoticesThe purchaser is responsible for any notice, order, demand or levy imposing liability on the properfy that isissued or made on or after the day of sale that does not relate to periodic outgoings. The purchaser may enterthe property to comply with that responsibility where action is required before settlement.

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Page 9: Contract of Sale

22.

23.

lnspectionThe purchaser and/or another person authorised by the purchaser may inspect the property at any reasonable

time iuring the 7 days preceding and including the settlement day'

Terms contract23.1 If this is a .terms contracto as defined in the Sale of Land Act 1962:

(a) *y ,nortgug" affecting the land sold must be discharged as to that land before the purchaser

beco.es -eniitled

to possession or to the receipt of rents and profits unless the vendor satisfies

section 6(l) and 6(2) ofthe Sale ofLand Act 1962; and

(b) the deposit and all other money payable under the contract (other than any money payable in

"*""r, of the amount required to so discharge the mortgage) must be paid to a legal

practitioner or conveyancer or a licensed estate agent to be applied in or towards discharging

the mortgage.

23.2 While any moneyremains owing each of the following applies:

(a) the purchaser must maintain full damage and destruction insurance of the properly and public

risk insurance noting all parties haviig an insurable interest with an insurer approved in

writing bY the vendor;(b) the pu-rchaser must deliver copies of the signed- insurance application forms, the policies and

the insurance receipts to the vendor not liss than 10 days before taking possession of the

propertyorbecomingentit ledtoreceiptoftherentsandprofits;(c) the purchaser must diliver copies of any amendments to the policies and the insurance receipts

on each amendment o.."n"*ul as evidince of the status of the policies fiom time to time;

(d) the vendor may pay any renewal premiums or take out the insurance if the purchaser fails to

meet these obligations;(e) insurance costs paid by the vendor under paragraph (d) must be refunded by the purchaser on

demand withouiaffecting the vendor's other rights under this contract;

(0 the purchaser must maintain and operate the property in good repair (fair wear and tear

excepted) and keep the property safq lawful, structurally sound, weatherproof and free from

contaminations and dangerous substances;

(g) the property must not be altered in any way without the written consent of the vendor which

must not be unreasonably refused or delayed;

(h) the purchaser must obseive all obligations that aff:ct owners or occupiers of land;

til the vendor and/or other person authorised by the vendor may enter the properly at any

reasonable time to inspect it on giving 7 days written notice, but not more than twice in a year'

Loss or damage before settlement

24.1 The vendor carries the risk of loss or damage to the property until settlement'

24.2 The vendor must deliver the property to G purchaser at settlement in the same condition it was in on

the day ofsale, except for fair wear and tear'

243 The purchaser must not delay settlement because one or more of the goods is not in the condition

required by general condition 24.2,butmay claim compensation from the vendor after settlement'

24.4 The purchaser may nominate "n

urnouni not exceeding $5,000 to be held by a stakeholder to be

appointed by the parties if the property is not in the condition required by general condition 24'2 at

24.

settlement.24.5 The nominated amount may be deducted

the stakeholder, but only if the purchaser

stakeholder.

DEFAULT

26. InterestInterest at a "3te of 2o/o per annum plus the rate for

Rates Act 1983 is payable on any money owingaffecting any other rights of the offended party'

24.6 The stakeholder must pay the amounts referred to in

determination of the dispute, including any order for

disPute.

from the amount due to the vendor at settlement and paid to

also pays an amount equal to the nominated amount to the

general condition 24'5 in accordance with

payment of the costs of the resolution of

the time being fixed by section 2 of the Penalty Interest

under the contract during the period of default, without

thethe

25. BreachApartywhobreachesthiscontractmustpaytotheotherparty.ondemand:(a) compensation for any reasonably ioreseeable losi-to-the other party resulting from the breach: and

(bi any interest due under this contract as a result ofthe breach.

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Page 10: Contract of Sale

27. Delault notice27.1 A paay is not entitled to exercise any rights arising from the other party's default, other than the right

to receive interest and the right to sue for money owing, until the other party is served and fails to

comply with a written default notice.27.2 The default notice must:

(a) speciff the particulars ofthe default; and(b) state that it is the offended party's intention to exercise the rights arising from the default

unless, within l4 days of service of the notice-(i) the default is remedied; and(ii) the reasonable costs incurred as a result ofthe default and any interest payable are

paid.

28. Default not remedied28.1 All unpaid money under the contract becomes immediately payable to the vendor if the default has

been made by the purchaser and is not remedied and the costs and interest are not paid.

28.2 The contract immediately ends if:(a) the default notice also states that unless the default is remedied and the reasonable costs and

interest are paid, the contract will be ended in accordance with this general condition; and(b) the default is not remedied and the reasonable costs and interest are not paid by the end of the

period of the default notice.28.3 If the contract ends by a default notice given by the purchaser:

(a) the purchaser must be repaid any money paid under the contract and be paid any interest and

reasonable costs payable under the confiac| and(b) all those amounts are a charge on the land until payment; and(c) the purchaser may also recover any loss otherwise recoverable.

28.4 Ifthe contract ends by a default notice given by the vendor:(a) the deposit up to l0% ofthe price is forfeited to the vendor as the vendor's absolute properfy,

whether the deposit has been paid or not; and(b) the vendor is entitled to possession ofthe property; and(c) in addition to any other remedy, the vendor may within one year of the contract ending either:

(i) retain the property and sue for damages for breach ofcontract; or(iD resell the property in any manner and recover any deficiency in the price on the

resale and any resulting expenses by way of liquidated damages; and(d) the vendor may retain any part of the price paid until the vendor's damages have been

determined and may apply that money towards those damages; and(e) any determination of the vendor's damages must take into account the amount forfeited to the

vendor.28.5 The ending of the contract does not affect the rights of the offended parly as a consequence of the

default.

SPECIAL CONDITIONS

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Page 11: Contract of Sale

2009DATED

LORNA DOROTHY PERRY

VENDOR'S STATEMENT

Property: 29 Leonard Streetn Burwood

Russo & Russo Pty LtdSolicitors

150 Sydney RoadBrunswick 3056

Tel: 9387 8022DX: 95615 Brunswick

Fax: 9387 5604Refi PR:2009:150

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Page 12: Contract of Sale

SALE OF LAND ACT (tlre Act) - SECTION 32

VENDOR'S STATEMENT TO TIIE PURCHASER OF REAL ESTATE

VENDOR: LORNA DOROTHY PERRY

PROPERTY: 29 LEONARD STREET, BURWOOD 3125

IMPORTAI{T NOTICE TO PURCHASERS

The use to which you propose to put the property may be prohibited by planning orbuilding controls applying to the locality or may require the consent or permit of themunicipal council or other responsible authority. It is in your interest to undertake aproper investigation of permitted land use before you commit yourself to buy. Youshould check with the appropriate authorities as to the availability (and cost) ofproviding any essential senices not connected to the property.The property may be located in an area where commercial agricultural productionactivity may affect your enjoyment of the property. It is therefore in your interest toundertake an investigation of the possible amenity and other impacts from nearbyproperties and the agriculfural practices and processes conducted there.The Purchaser acknowledges that:(D If the Purchaser defaults in payment of any money due under this Contrac{ then interest at the rate

of twenty per centum Q0%) per annum shall be paid on demand by the Purchaser to the Vendor

upon the money overdue. The said interest shall be computed from the due date herein provided for

the payment of the said money until such monies are paid.(il) If the Purchaser fails to complete the purchase of the property on the due date under this Contact'

the Vendor will or may suffer additional losses and expenses; and(iii) The losses and expenses described in paragraph (b) are agreed to be reasonably foreseeable and shall

be deemed to be "reasonable expenses" for the purposes ofgeneral condition 7(a) ofthis Contract;The Purchaser in addition to the interest chargeable under this Contract shall pay or reimburse the Vendor

on demand for:-(r) Interest charges and other expenses payable by the Vendor as Mortgagor under any existing

mortgage, charge or any other like encumbrance over the property calculated from the due date for

settlement;Legal costs and expenses as between solicitor and client;L,oss of rent the Vendor may sustain as a result of the delayed selflemento from the Contract

settlement date to the actual settlement date caused by the Vendor having given the Tenant notice to

vacate the property in anticipation of settlement occurring on the Contract settlement datel

Fees paid for removalist expenses as a result of delayed settlement;Penalty interest incurred by the Vendor as a result of the Vendor's delayed settlement of a property

that the Vendor has purchased that was:(a) Due to have settlement on the same date as the Vendor's sale property and/or;(b) Was to have utilised the proceeds of the sale propefy.

RESTRICTIONS - Details of any registered or unregistered easement, coverumt, caveator other similar restriction affecting the properly are set out in the attached copies ofTitle documents.

To the best of the Vendor's knowledge there is no existing failure to comply with theterms of any easement, covenant, caveat or similar restriction.

PLANNING AND ROAD ACCESS - Details of any planning instruments affecting theland are as follows:

NAME Whitehorse Planning SchemeRESPONSIBLE AUTHORITY City of WhitehorseZONING/RESERVATION Residential 1

There is access to the prop€rty by road.

perry2009150\d\sec32.doc - 05106/2009

(ii)(iii)

(iv)(v)

1.

2.

Page 13: Contract of Sale

-2-

3. OUTGOINGS AND STATUTORY CHARGES - Details concerning any rates, taxes or

other similar outgoings (including any Owners Corporation charges) and any interest

payable on any Part of them are

AUTHORITY AMOLINT INTEREST

City of Whitehorse 03/09 $1'114'10

Yana ValleY Water 08/09 $i 17'54

Amounts for which the purchaser may become liable in consequence of the sale: Nil

Total outgoings do not exceed $2'500.00

Amount owing under any other registered or unregistered statutory charge that secures

an amount due under any other legislation: Nil

4. SERVICES Avail. Connected Authority

4. |Electr ic i tyYesYesAGLorsimi lar4.2 Gas Yes Yes AGL or similar

4.3WaterYesYesYarraVal leyWater4,4SewerageYesYesYarraVal leyWater4.5TelephoneYesYesTelstra/optus

5.1 BUILDING AppRovALS - No building permit has been granted during the past seven

years under the Building Control Act 1981 or Building Act 1993.

5.2 GUARANTEE - Details of an owner-builder under the House contracts Guarantee Act

1987 in the Preceding seven Years.

Nil.

5.3 INSURANCE - Details in the preceding six years in the case of a residence to which

s137B of the Building Act 1993 applies'

Nil.

6. NOTICES - Particulars of any notice, order, declaration, report or recommendation of a

public authority or govemment departrnent or approved proposal affecting the properly

of which the Vlndoi might be reasbnably expected to have knowledge, including:

6.1 if there is a Owners Corporation, affecting it and its contingent, proposed or

other liabilities, including those relating to repairs;

6.2 quarantine or stock order imposed under the Agricultural and Veterinary

Chemicals (Control of Use) l|ci tggZ (whether or not the quarantine or order is

still in force) -

6.3 notice pursuant to Section 6 of the Land Acquisition and Compensation Act

1986;

None to the Vendor's knowledge

perry20091 50\d\sec32.doc' OS l06l2ffi9

Page 14: Contract of Sale

BUT NO.I'll: 'l'he VentJor has no means of knowing of all decisions of Public Authoritics and

Govcmment Departments affecting the property unless communicatcd to the

Vcndor.

1. OWNERS CORPORATION - If the land is aff'ected by an owners corporation within

the meaning of the Owners Corporations Act 2006'

(a) a copy o['the current owners corporation certificate issued in respect ol-the

land under the Owners Corporation Act 2006: and

(b) a copy of the documents required to accompany the owners corporation

certificate under section I 5l (a)Q) of the Owners Corporations Act 2006'

Ni l . .

8.TITLE-Copiesofrelevant ' I . i t ledocumentsareattached.

DATE OF STATEMENT:

Vendor's Signature:

Thc Purchascr acknowledges being given a copy of this siatement signed by thc Vendor

before the Purchaser signed any Contract'

DATE OF ACKNOWLDDGMENT:

Purchaser's Signaturc:

PLEASE NOTE that where the property is to be sold on terms pursuant to Section

32Q\$ of the Act and/or sold subject to a mortgage that is not to be discharged by the

Out*',rf possession (or receipt of the rents and profits) of the property pursuant to Section

3Z(Z)(ai of the Act - then ihe Vendor must provide an additional slatetncnt containing the

particulars specified in Schedules 1 andZ of the Act'

/ . / e / tcvr

frdrrv2(X19 l -5(l\(l\-*-c32.rirrc - O5"(16'r2fi )9

Page 15: Contract of Sale

ct ' t l ' ( ) ] YourRef. 4503817:9430569Enquiries: Building ServicesPhone: 92626421

2 June 2009

Russo & RussoVia AnstatDX 332MELBOURNE VIC

Dear Sir/Madam,

Re: 29 Leonard Struet, Burwood Vic 3125

We refer to your request for building permit particulars regarding the

aOvise of deiails of any permit or certificate of final inspection issued

years.

Council has no record of any Building permits being issued on this property in the past 10 years'

There are no outstanding notices or orders pursuant to Building Act 1993 regarding this property'

Yours faithtullY,

Cassic Wngfrt

BUILDTNG SERVICESFor and on behalf of Gity of Whitehorse

lmportant InformationThe details listed on this certificate are consistent with the property address as stated on lhe application'

Should the property tistoic"rioe rnown as a difierent ao'oreis then such informalion may not be

included in this certificate.

Despite whether a Building Permit is required or not there is still an obligation for all building works to be

strudurally sound and coipry wnn the siting regulations consequenlly there may be building work on the

property that Council has no record or knowledge of'

Srrrrv or extsrlilc Sw|fl|illlilG PoolsAll existing swimmrng pooti ana spas are reA-u]g1l to comply with the minimum standards of the Building

Regulations 2006, Regulation 703, by 1 July 1997.

Anv Derson who takes possession of a property without safety barriers lor a spa or swimming pool is

irirJJai"rv responsibte for compliance with the law and liable to prosecution'

Smor:Aunrsowners or purchasers of residential properties are to ensure that smoke alarms €xisl or afe required to

install smoke alarms.

abovein the

property andpreceding ten

whltehorsr CltY Councll

I

379.397 Whitehorso Road

?{[n.w.dine

Tel€phon€ (03) 9?62 6333

Fa6imile (03) 9262 6490

All Cort aPond.nca

Locfed 8ag 2

Nunawading Oslivory Csnlr€

Vic 31l0Aus|falia

DX'3209 MITCHAM

AEN 39 549 568 822

I

Sawlca Canltst

Box H'll

Wtlilehor3e

Foresl l'tall

I

Page 16: Contract of Sale

Delivered by LANDATA@. Land Victoria timestamp 01/06/2009 1 1:40 Page 1 of 3@ State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act or pursuant to a

written agreement. The information is only valid at the time and in the form obtained from the LANDATA@ System. Th€ State of Victoria accepts no responsibility for any

subsequent release, publication or reproduction ofthe information.

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Page 18: Contract of Sale

Delivered by LANDATA@. Land Victoria timestamp 01/06/20@ 11:40 Page 3 of 3

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Rll$ffi I

Youro'dernumberis45o38r7'thisLandaqsifJ;?iill:[f iH].rfl3't"#*fins underthisorderfor l2odavs

Resister.o'"no.rhl7l$;ru,i[Y.l["8131Forro281

Copyr ightstateofVictor ia.Thispub} icat ion- iscopyr ight .No part may De r-proAuced uy any pt6t""" exc99: in aLcordance with

the provisions ;;' i l;-';pyi'ighi'alt or.pursuant to a written

asreement. The irrfor*"tibir is ""iy-"ifib

at the time and in the form

oStained rrom ttre-r,eupere REGD TM'system. The _state of Victoria

accepts no responsibility for any "i,U""qt,.ttt

release' publication or

i.piba""tion oi the information'

REGISTERsEARcHSTATEMENT(Ti t leSearch)TransferofLandAct l95S

voLtME 08131 For,ro 281 secur i ty no ' :

12402991'89387Produced oL/06/2009 11:38 an

I,AND DESCRIPTION

Lot 35 on PIan of Subdivis ion 033379';ARENT irtl,s volume 08131 Folio 252ir . . tea by instrument A085834 L5/L2/L955

P€GISTERSD PROPRIETOR

Estate Fee SimPleSole ProPrietor

LORNA DOROTHY PERRY Of 29 LEONARD ST BURWOOD 3125

x438350R 27 /A4/200L

ENCUMBRANCES, CAVEATS ArilD NOTTCES

covENANT 2659709

Any encumbrances created by Section 98 Transfer of Land Act

24 subdivi"i"i-e"l-iSeg ani any other-encumbrances shown or

planor imagedfol iosetout. ' . ' 'aerDIAGR,N,ILocATIoNbelow.

DIAGRAM LOCATION

SEE LP033379 TOR FURTIIER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS

1958 or Sect ionentered on the

NII,

END OF REGISTER SEARCII STATEMENT

Additional information: (not part of the Register Search Statement)

Street Address: 29 LEONARD STREET BURWoOD vIC 3l'25

DOCUMENT END

Page 20: Contract of Sale

CertlficatelD: 58169947

t .

2.

3.

NOTESTO CERTIFICATES UNDER SECTION IO5 OFTHE I-AND TAXACT2OO5

Under section g6 of the Land Tax Act 2005 (tre Act), land trax is a first charge on the land to which it relates and should the

vendor default, paymenr will be obtrained from the purchaser. The purchaser should take into account the possibility thatthe

u"nOor may defauit where land tax has been assessed but not paid'

lf land tax is due but not paid on a property, the Land rax clearance certificate will certifu the amount of land tax due and

unpaid on thal land. This amount will 6e oinoing on tre commissioner of State Revenua(the commissioner) for purposes of

sec,tion 96 of the nAwnefier or noilt ;" paiO to ihe Strate Revenue Ofice (SRO) on, orshorty afier, setilement'

The amount of land tax on this certif cate relates to the amount of land tax due and payable as at the date of the application

only and not to any tuture liability or the tax stalus of the land'

A "Nil, Land Tax Clearance certificate does not mean thatthe land on the certificate is exemptfrom land tax'

tf land tax will be payable on a properly but payment is not due at the time the application is processed, tre certificate will

certi! the amount lhat should be ritairieo oy ttre purcrtaser at setdement and remited to the SRo' The Commissioner will

consider himself bounct b;;i";.;"t as aiainstttr. fut"tr""et only if the amount is remitted b the sRo within 28 days ater

settlement

lf the amount in 3. (above) is understated, the commissioner has the rightto seek recovery of the conect arnount' or the

balance, as the case maY be, froma. the vendor, orb. the purchaser, if the vendor defaults and the certified amount has not been remitted to the SRO within 28 days after

settlement.

lf an amount is certified in respect of a proposed sale which is not completed, the Commissioner will not be bound by the

same amount in respect of alater sate of tire suUlect tanO - another certificate must be applied for in respect of hat

transaction.

lf an amount certified is excessively high (for example, because a principal residence concession has not been deducted in

calculatng tre amount) ttre co*nii""ionir witr issirJan amended certilicate, without an additional fee being charged on

receipt ofiuficient evidence b that efiect from the vendor'

g. lf no land tax is stated as being payable in respect of the properly, the.commissioner will consider himself bound by

thatcertification, in ,""p""totfile purcftaser, ittre fanO is'subsequendyfound to be taxable and the vendordefaults'

10. lfthevendorrefusestobeboundbyanamountstatedbythecommissioneranddoesnotagreetotheamountbeingwithheld and remitted at settement, the purchaser cannot rely on such refusal as a defence b an action by the

commissioner to recover the outstanding amount from the purchaser under sec{ions 96 or 98 of the Act

11. The inbrmation on a certificate cannot preclude the Commissioner from taking action against a vendor tlc recover outstanding

land tax.

4.

5.

6.

7.

8.

(For Information OnlY)

SINGLE OUI'NERSHIP CALCULANON BASED ON AN UNIMPROVED VALUE OF $525'OOO

Land Tax = $825.00Calculated as $275 plus ( $525,000 - $250,000) multiplied by 0'200 cents)'

PaYments

Cheques, etc. must be made PaYable b'Commissioner of State Revenue'ln Person Level 2

Enquiries

Tefephone 13 21 6'lFacslmlte (03) 962S 6853 or (03) 9628 0038

Gounter Level 2121 Exhibition StreetMelboume 3000

Gorrespondence GPO Box 1641NMelbourne 3001By Po6t

121 Exhibiiion SfeetMelboume 3000GPOBox2961 DDMelboume 3001

LogPntoYvuw.sr@vallable via the SRo YY€bs|te.TAX CLEARAN CE CERTIFICATES.

Page 21: Contract of Sale

STATE REYENIIE OFFICELand Tax Act 2005

Land Tax Glearance Certificate

II

@

sRO - ,5O 900t Quolig Ceaified

Your Reference: 450381 7:9430567CertficateNo.: 58169947Date lssued: 0'l JUN 2009Enquiries: ESYSPROD

RUSSO & RUSSO VIA ANSTAT224 NORMANBY ROADSOUTHBANK VIC 3006

Land Address Detalls29 LEONARD STREET BURWOOD VIC 3125

Vendor LORNAPERRY

Purchaser FOR INFORMATION PURPOSES

THF; CERTIFICATE [S SUBJECTTOTHE NOTES THATAPPEAR ON THE BACK OFTHE APPLICATION AND THATTHE APPLICANT SHOULD READ THESE NOTES CAREFULLY.

PAUL BRODERICK - Commissioner of State Revenue

PLEASE RETURN THIS PORTPN WTIEN t[AKtNG PAYITIENT = SEE OVERLEAF FOR FURMER NFORIIATPN

LAND TAX CLEARANCE CERTIFICATE - REMITTANCE ADVICE

Certificate Number

58169947

Land lD

12960763

PLEASE DO NOT MARK BELOW THI{' LINE

Amount Payable

$0.00

GurreniTax For 2009

MRS LORNA DOROTHY PERRY

ProportlonalTax Penatty/lnt€rest

$0.00 $0.00

Total

$0.00

Arrears of Tax Years Proportlonal Tax Add.Tax/lnterest Total

Cornments Properly is exempt LTX Principal Place of Residence.

UnimprovedValue $525,0001 Amount PaYable s0.00

<0000000000<0000000000>0581 69947000<0581 69947000>4 24 <424>

Page 22: Contract of Sale

&ANSTATCERTIFICATE No:4503817 DATE: 01/06/2009

PLANNING CERTIFICATE ffiClient: Russo & Russo

DX:95615 BrunswickMatter Ret: PR:2009:1 50

Vendor: LORNA DOROTHY PERRYPurchaser:

Subject Property:29 LEONARD STREET BURWOOD VIC 312s

Title Particulars: Vol 8131 Fol 281

Municlpality: WHITEHORSE

Ptanning Scheme: WHITEHORSE PLANNING SCHEME

Responsibte Authority for administering and enforcing the Scheme: WHITEHORSE CITY COUNCIL

Zone: RESIDENTIAL 1 ZONE

Abuftal to a Road zone or a public Acquisition overlay for a Proposed Road or Road Widening: Not Applicable

Deslgn and llevelopment Overlay: Not Applicable

Ilevelopment Contributions Plan Overlay: Not Applicable

Developmant Plan Overlay: Not Applicable

Environmental Audit Overlay: Not Applicable

Environmental Significance Overlay: Not Applicable

Heritage OverlaY: Not APPlicable

Public Aequisition Overlay: Not Applicable

Significant Landscape Overlay: Not Applicable

Special Buitdlng Overlay: Not Applicable

Vegetation Protection Overlay: Not Applicable

Other Overlays: Not APPlicable

proposed planning Scheme Amendments: WHITEHORSE C87 PROPOSES TO INTRODUCE A STUDENT

ACCOMMODATION POLICY AT CLAUSE 22.16,T0 PROVIDE DIRECTION FOR COUNCIL, THE COMMUNITY AND

THE DEVELopMENT rrrrbusrnv lN coNslDEitrue Rppt-rcATtoNs FoR sruDENT AccoMMoDATloN;WHITEHORSE C99 PROPOSES TO AMEND THE PUBLIC OPEN SPACE CONTRIBUTION PROVISIONS FOR ALL

DEVELOPMENT PROPOSALS

Additional Notes: Not APPlicable

ffi enty on this certificate has been checkxd and if shown as Not Apliabte does not apply to the subiect property. ln

addittdl to ptanning scr,eme-ion" ira Orertav Provtsio,nsi vaaoian itintng Scngmesyyrt-y.,y-I::"-19!!!:!,P!:?^::Y::'^!3,:tr:,7;;;,84fr; tfliir:;:;i:;;;;;;; iirii6i" u,a eei"i"i piousnis. siatasias, pticies and provisbns detaited in these sections or the Ptannins*Mme may affea the u* and development of laN.

Amtat Pty Ltd tradlng as Anstat ProPdtylnlormation ACN 115 133 1s2 ABN 15 115 133 152lii-Zm r.f5rmant'Road;ScirrhbankSOOO'pOeOXaaZ,SouthMelbourneS205 DX:332Melboume Tel:9278 1166 Fax:9278 1167

Page 1 of 2

Page 23: Contract of Sale

&ANsrArCERTIFICATE No: 4503817 DATE: 01/06/2009

PLANNING CERTIFIGATE

.L

f

;'rrrf iAElr S &Fr:

Urr,ril{t,,O

FPiJ

f - t - ;

*,ui , , r r t ,err t 1t f Vn. l : r ' ;nr ft_.- I

.___., ,

This map extract is sourced from data maintained by the state o, victoria and is provided for inlormation purposes only' No

reoresentation is macte as to the accuracy of lhe content, "nJnnst

t Pty Ltd doe's not accept any liability to any person lor the

information orovided.

Need more detail? Anstat,s planning Scheme Extract product can supply you with.the text of Planning Scheme provisions

tor any Zone shown on tii" t"p extrict above. Order ohline at www'anstat'com'au/api'

i : i701,13 Stale

Anstat Pty Ltd tradlng as Anstat eroqg{^tJrloryation.AcN 11s 133 152 ABN 15115133 1s2

n+2% l,tormanbyRoaO,soutnfnkg6oe'pO 6Oxeal,SoutrUeiUoumegZOS DX:332Melbourne Tel:9278 1166 Fax:9278 1167

Page 2 ot 2

Page 24: Contract of Sale

&ANsrArCERTIFICATE No: 4503817 DATE: 01/06/2009

ROADS CERTIFICATE ffiClient: Russo & Russo

DX:95615 BrunswickMatter Ref:

Vendor:Purchaser:

PR:2009:150LORNA DOROTHY PERRY

Sublect Property:29 LEONARD STREET BURWOOD VIC 3125

Title Particulars: Vol 8131 Fol 281

MuniciPalitY: WHITEHORSE

ffiyapproved_Vi9l9391proposa-!siyl9LoA?9HASNoAPPRoVEDPRoPosALREQU|R|NGANy pARr oF rHE eRoPERTY DEScFTBEDiT ig[i!i{ttgf'9lt:ggl*39*t^TJg g5?l[X?;Jot3fftt8lfi3['r"riJ,[,i,51".'"'#J#r-dXilo?'[5 ii#ndetbiiiNd di-inE pnoFenry AND suRRouNDrNG AREA'

ffi for detaits of land rcseyed in the Planning scheme tor Road Prom,sals'

AnstatPtyLidtrdingasAnstatP]op€rty- ln 'of lndion.AcN115133152ABN15115133152224-226 NormanbvRoad,sourroaliiiorjo--po-eoiaaz,s*ttu"iuor-"g205-Dx'33euelboum€

Tel:9278 1166 Fax:9278 1167

Page 1 of 1

Page 25: Contract of Sale

Ycrre YoIIcy Fttcr I c ,ticr* dpp'rir{ri

Anstat Pty Ltd ACN 115 133 152authority@roperty anstat.com. au

Yana Valley Water LtdABN 93 066 S2 501Lucknow SfeetMitcham Victoria 3132PrMate Bag 1Mitcham Victoria 3132DX 13204Email. enouiry@wr+.con.auTdephone. (03) 131 721

RATES CERTIFICATE

Dab of lssue: 1 i06/2009

Accountllo: a253666

Rate Cerlifcab l{o: 10649668Your Ref: 4503817:9430568

With reference to your request for details regarding property at 29 LEONARD ST BURruOOD VIC 3125 ref no:15479552

This property incurs the following service charges:

Please note the calculated annual charge for Section 32 purposes is: $1 '17.54

."'] /-l'/ / t/ ,/z

,<-'/ /./O-,^,*.-

GENERAL MANAGERBILLING AND CONTACT SERVICES

Note:{ Yana Valley Walcr providcs information in this statemcnt alating to ratcrrays and drainagc pursuant to Scction 158 of thc \tVatcr

Act 10E9, as an agentforMelboume Water.Inlormation is also supplied underthe lollowing: Dninage and Parfis charges . S75 Waterhdustry Act 1994.On pesenting your clients witr lhe above information, please ensun ftat you inform trem of theirobligation to contact YanaValleyWater(131 721f 2wo*ingdayspriortosettemenl ltistrevendorlpurthase/sresponsibilitytobookafinal nadinginorderto determlne the conect apportionlng of water and sewer usage andror servlce charges llable toreach party.Pursuant to S75 (3) {c} Water tndustry Act 199{ - lhe following Rates apply for properties ritr water supply and sewengeseruicos:Water lJqe - From 01t071200E water is charyed at 101.92 Cents per kilolitrt lorthe first 40 kilolitres; 119.57 Cents perkilolitn for 40 - 80 kilolitns and 176.06 Cents per kilolitre lor more than 80 kilolitres.Sevage Dr'qposal - Frcm 01107t2008 your sewage volume is chaqed at 131.E1 Gents per kilolitre.Watq Service-From 01i10f2008 the lixed chaqe lorevery household is i18.88 perquarter.Swage Serlrct - From 01110t2008 thc fixcd chargc for evcty houschold is S48.13 pcr quartcr,

23

Pedod Charges OubhndingQuarterlv Charqes: WaterwayslDrainage 01/04109 to 30106/09 $ 15.52 $ 0.00Annual Charqes: Parks 01107108 to 30/06/09 $ 55.46 $ 0.00Arrears $ 0.00

Tohl Amount Due $0.00

Page 26: Contract of Sale

Y*rrc Ycllry F*fer I c ir*:'* dfgrt?r&

YARRA VALLEY TIATER LITITED(ABN 93 066 902 501)STATEMENT UNDER SECTIONS 75,WATER INDUSTRY ACT 1994 RELATING TO ENCUMBRANCESWATER ACT 1989- STATEMENI UNDER SECTION 158

YanaValley Water LtdABN 93 066 902 501Lucknow StreetMitcham Victoria 3132PrMate Bag 1Mitcham Victoria 3132DX 13204Email : [email protected]: (03) 131 721

Anstat Pty Ltd ACN 115 133 152authority@property. anstat.com.au

Oah of lssue: 1/06/2009lnfomaiion Staiement tlo: 1 0649668Conveyancing Account No: 9000598

Your Ref: 4503817:9430568

Property: 29 LEONARD ST BURWOOD VIC 3125

THE FOLLOIyING PARTICULARS REUTq TO SECTIONS 25 q 158(3!

lf Seu/"r ta,'l"'ate in existence they will be showtt on the attached plan

ADTXTIONAL IiIFORiIATIOII RELATES JqSFCTIONS 25 & 159(4)lnformalion available at udnoffie water inoicates that this property is not subject to flooding from Melbourne

Water"s drainage system, based on a flood level that has a probability of occunence of 1Yo in any one year'

AUTHORISED oFFlcER: :1 .f?, ENERAL MANAGER,<' ^t // -"/) BILLING AND CONTACT SERVICES

/{\.\/L/az.

/

please onsure all infomation providod to Yanr vrlley tderfo: lhe-request of a Propetyflu s-tatenent is conest and vtrified prior to

subrniuing.Allincoroctrgquoots|i|lberoquirtdtoberosubmit€d.nd$|lDGche]godacco]dhgry.

yana Valley Water provides information in this startqnent relating to sateilays and drainag! pursuant to Section 158 ofthe Water Act 1989' as an agont for

Melboume Water.

PLEASE NOTE: Unless pdor consent has boen obhined, bo$ tre water Act and the WATER IMUSTRY Acts PROHIBII:

l. $a orsctjon andor placanent of any building, rall, bridgo, funau, ,rnUunlotutrt, filling, material, machinery or other struchrra wsr or under any serer or drain'

2. tre connection of any drain or sorcr to, or irterferenca *ilh, alry saner' dtain or mtgrcourse'Page: 1

Page 27: Contract of Sale

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29 LEONIARD ST. BUFWOOD

ffr**$!Ml: 1064e668 @Yrrra t'*lley

01 /06i 2009

Disclaimer: This inlormation is supplied on the basis Yarra Valley Water Ltd. :r Does not warrant the accuracy or completeness ol the informalion supplied,

including, without limitation, the location of Water and Sewer Assets.. Does not accept any liability for loss or damage of any nature, sutfered or incurred

by the recipient or any other persons relying on this inf ormation;. Rscommends recipients and other persons using this information make their own

site investigations and accommodate lheir works accordingly.

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Page 28: Contract of Sale

LAND ]NFORMATION CERTIFICATEsEcT|oN22gLocALGoVERNMENTAcTl9S9

Certificate Number:Date of lssue:Applicant's Reference:

366202-Jun-2009

4503817:9430566

Russo & RussoVia AnstatDX 332MELBOURNE VIC

Thts cerlincale provides Intormalon regarding v€llatton rates' charges' othe-r-moneys owrng and any orders and

notrces made under rhe r*ii Cou"rr*int ed rgSA-. fol.i-C-^juintJnt nct tseg ot under a local Law or by {aw of

il" c*""i""0 spacrfied llood level by the Council (if any)'

This cedificate B not requrred lo rnclude rnformation tegarding p.tanning',building" health tand fill' land stip' other

floodrng information o, orrrli"ru-"nis tnto,n.,"t,on t6"tot-g ir'ese tiatrctt may be availabte {tom the Councrl or

;l;;;t&;;i.rihontv A fee mav be charsed tor such Infomalion

Counci|usescapital lmprovedVatueforrat ingpurposes.The|9!9|: fvaluesdateislJanuary200g and the date ot oplraiion of the valuation ior ifris property is 1 July 2008'

Site Value:Gapital lmProved Valus:Net Annual Value;

RATES&CHARGESLEV|EDFoRTHEPER|oD1Ju|y20-0s-30June2Ul9oiCuefeo BY couNclL l6 JUNE 2oo8

$525,000$635,000$31,750

Whitohor3e Clty Couneil

I

.'79 :J9l Wh*etll)r9o li ' ' 'n(l

Nunawading

Telephone (03) 9262 6333

Facsrmile i03) 9262 6490

All CorosPond€ncaLocked Bag 2

Nunawadrng Dalivory C6ntre

Vic 3110 Australra

DX13209 MITCHAM

ABN 39 549 568 822

I

ScrYice CantlosBox Hill

Whilehotse

Foresl fl'lL

I

$o,oo

LOT 35 LP 33379 54Ci g teonaro Streg1-BU,EWONg

I,lJ j.1!-qele1gl!31e-

rbrar- cunneNr levleo $1,114.10

OTHER CHARGES

lnterest

TOTAL AMOUNT OUTSTANDING

Page 29: Contract of Sale

NOTE:175(1) This section of the Local Government Act 1989 states that a person who becomes the

owner of rateable land must pay any rate or charge on the land which is current; andany arrears of rates and charges (including interest on those rates or charges) on theland which are due and PaYable.

17S(1AA) lf a Council has obtained an award for legal costs in relation to any rate or charge'

owing by the previous owner of the rateable land, sub-section (1) applies to the amountof hjaltosts'remaining unpaid as if the legal costs were arrears of rates and charges.

175(1A) lf the previous owner of the rateable land had been paying any rate or charge byinstalments al the time the ownership of the land changed, the person who becomesthe owner of the land may continue the payment of that rate or charge by instalments.

175(18) The person who becomes the owner of rateable land may also pay a rale or charge by

instalments if the previous owner could have paid it by instalments and the person

becomes the owner of the land before the date the first instalment falls due.

17S (1C) In all olher cases, the person who becomes the owner of rateable land must pay

any amount due under Section 175 (1) by the date it was due to have been paid by theprevious owner of the land: or if that date has already passed, immediately after theperson becomes the owner of the land'

A flood level has not been determined by Council pursuant to Regulation 802 of the Buitding

(lnterim) Regulations (2005),

I hereby certify that, as at the issue date of this Certificate the information supplied is true and

correct for the property described in this Certificate'

This certificate is valid lor 12o days from the date of issue. council may be prepaled to provide

;; i" AG verbat information to the applicant about matters disclosed in this certificate. council

accepts no responsibility for the accuracy of any verbal information given'

COMMENTS:

Certificate Number:Date of lssue:Applicant's Reference:

Receipt Number:Receipt Date:Receipt Amount:

366202-Jun-2009

450381 7:9430566

999999901 -Jun-2009

$20.00

AUTHORISED OFFICER