POWER OF ATTORNEY
This POWER OF ATTORNEY is granted on the
.. day of
. 200
.. by me, ABD. A (NRIC NO. 1234567890) of ............................., 88560 Kota Kinabalu.
WHEREAS I am the registered owner of all that piece of land described in Native Title No. 7777777708 measuring 1.2 acre situated at Tanjung Aru, Kota Kinabalu, Sabah.
NOW KNOW ALL MEN BY THIS PRESENTS that I, ABD. A (NRIC NO. 12345678900) HEREBY APPOINT the said JJJJ (NRIC NO. 111111-13-5784) oF TEKO, Tingkat 8, Block B, Wisma MU, 999 Kota Kinabalu, Sabah as my true lawful Attorney in my name or in the name of my Attorney to do any or all of the following matters or things, to wit:-
1. To apply, sign and submit for and obtain from the relevant Government authority all requisite licences, approvals, permits and authority in respect of the Land.
2. To sign and submit for approval by the other appropriate governmental authorities and agencies al and any development plans, layout plans, sub-division plans, buildings plans, drawings and specifications in respect of the land.
3. To apply for an obtain from the relevant Government authorities and departments, sub-division and or conversion of the Land.
4. To apply for and obtain sub-division of the Land and for such purpose to accept including but not limited to the signing and submission of the Surrender of Title and to sign and accept draft sub-divided titles issued by the Lands and Surveys Department in replacement thereof.
5. To issue and give good valid receipts for all or any payments of money in respect of the Land.
6. To employ and remunerate any Solicitors, Advocates, Engineers, Surveyors, Architect, Valuers, Accountants or any other person or persons for effectively carrying out any of the powers contained in this Power of Attorney.
7. To have full powers to manage the Land.
8. To sell, dispose and transfer the Land either by private contract or by public auction for such price as my Attorney shall in her discretion deem fit and upon such terms and conditions and subject to such covenants as the Attorney shall think fit.
9. To execute all documents such as Sale and Purchase Agreement, Sublease, Tenancy Agreement, Loan Agreement cum Assignment, Charge and undertaking letter to banks or financial institutions and to sign and execute any transfers and other relevant documents and letters.
10. To negotiate for and obtain loan overdrafts or other credit facilities from any bank or financial institution relating to project development financing, bridging and/or end financing for the development and or construction of the building project or any part thereof on the Land against the security and or collateralisation of the Land or any part thereof for the granting of such loans overdrafts or other credit facilities provided that my Attorney shall ensure that the Lender shall limit my liability up to the realizable value of the Land and that I shall not be made a principal debtor for the loan.
11. For the purpose of securing repayment of the sum or sums so borrowed as aforesaid to sign and seal and as the act and deed to deliver such assurance mortgage, assignment, deed and/or charge upon the Land or any part thereof and with and subject to all such covenants and stipulations as my Attorney shall think necessary or proper.
12. To make and settle the loans overdrafts or other credit facilities advanced by the bank or financial institution so obtained in my Attorneys name until the whole loans overdrafts or other credit facilities shall have been duly repaid.
13. To take possession of the Land or any part thereof and commence such works as my Attorney shall consider necessary or expedient.
14. To warn of and take such action or proceedings as my Attorney shall think fit or necessary to evict squatters from the Land and to warn off and prohibit and if necessary proceed against in due from of law all trespassers on the land or any part thereof and to take appropriate steps whether by action or otherwise to abate all nuisances thereon.
15. Generally to do, sign and execute such other acts, things, documents and instruments as may be necessary or expedient in the premises.
16. For all or any of the purposes of this Power of Attorney to enter into and sign seal execute and perfect as my act and deed and to deliver any contract assurance undertaking declaration lease surrender release instrument document or deed whatsoever and to draw sign accept and endorse all cheques or orders for payment or money payable.
AND I hereby ratify and confirm and agree at all times to ratify and confirm whatsoever my Attorney shall lawfully do or cause to be done in or concerning the Land or any part thereof by virtue of this Power of Attorney provided that all payments and costs expended by my Attorney pursuant to the powers granted herein shall solely be borne by my Attorney with no recourse to me whatsoever.
AND I FURTHER DECLARE that this Power of Attorney granted in pursuance of the arrangement made between myself and my Attorney shall remain in full force and effect and shall be irrevocable.
IN WITNESS WHEREOF I hereunto set my hand and seal the day and year first above written.
SIGNED, SEALED AND DELIVERED by )
the said ABD. A )
in the presence of:- )
)
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