ARNOLD KEYS AUCTION SALE LOT 2 CONTENTS PAGE 1. Special Conditions of Sale 2. Plan Number 2 3. Transfer Plan 4. Draft TP1 Transfer 5. Land Interest Plan 6. Title Register 7. Title Plan 8. Deed of Grant 29.05.1970 9. Grant of Easement 13.01.2017 10. Email from Norfolk Country Council re: access track 11. Letter from NP Law and E-mail dated 19th November confirming NCC will grant access rights 12. CPSE 7 replies 13. Commercial Drainage and Water Search Results 14. Environmental Search Results 15. Local Authority Search Results ARNOLD KEYS AUCTION SALE LOT 2 SPECIAL CONDITIONS OF SALE 1. Definitions and interpretation In these Special Conditions the following terms have the following meanings “the Access Track” the access track shown edged red and coloured brown and green on the attached Plan Number 2 “this Agreement” the agreement between the Seller and the Buyer for the sale of the Property by the Seller to the Buyer “the Auctioneer” Arnold keys of 8 Market Place Aylsham | Norfolk | NR11 6EH “the Buyer” the buyer under this Agreement “the Buyer’s Solicitors” the solicitors instructed to act for the Buyer on the purchase of the Property “Completion” actual completion of the sale and purchase agreed between the Seller and the Buyer in this Agreement “the Completion Date” 18th December 2019 “the Completion Monies” the Purchase Price (less the Deposit) as adjusted by all sums due between the parties at Completion “the Contract Rate” 5% above the base lending rate for the time being of Barclays Bank PLC “the CPO” The compulsory purchase of the NDR Land granted by Statutory Instrument 2015 No. 1347 referred to in entry C3 of Title NK 175218 “the Deposit” 10% of the Purchase Price “the General Conditions” the Common Auction Conditions (Edition 3, August 2009) as set out at the back of the auction catalogue “the Land Interest Plan” the attached plan number R1C093-R1-4511 A “the NDR Land” the land shown coloured pink on the Land Interest Plan “the Nominated Account” the Seller’s Solicitors’ client account number Code 20:62:61 Account Number 13382087 BARCLAYS BANK PLC “the Plan” the plan attached to the Transfer “Plan Number 2” the plan marked “Plan Number 2” attached “the Property” the freehold property described in Pt 1 of the Schedule “the Seller’s Solicitors” Hansells Solicitors 13 The Close Norwich NR1 4DS (Ref: CPB 32512.003 e-mail [email protected] “the Transfer” the transfer of the Property in the form TP1 annexed 2. Incorporation of conditions of sale and documents 2.1 The Property is sold subject to The General Conditions so far as they are applicable to a sale by private treaty and are not varied by or inconsistent with these Special Conditions. If there are any inconsistencies between these Special Conditions and the General Conditions these Special Conditions of Sale shall prevail. 3. Deposit 3.1 The Deposit shall be paid to the Auctioneers as agents for the Seller and shall be passed to the Seller’s Solicitors on clearance 3.2 Without prejudice to General Condition G2.4 in the event that any cheque given as the deposit is dishonoured or the Buyer fails to pay the Deposit then the Seller shall if he so chooses and without notice have the right to deem the conduct of the Buyer as a repudiation of the agreement between the Buyer and the Seller and the Seller may resell the Property without notice and / or take steps which may be available to him as a consequence of the Buyer’s breach but without prejudice to any claims he may have against the Buyer for breach of the agreement or otherwise 4. Completion 4.1 Completion of the sale and purchase shall take place on or before 1.00 pm on the Completion Date (or earlier by agreement) at the offices of the Seller’s Solicitors or where they may reasonably direct when the Buyer shall pay the Completion Monies to the Nominated Account 4.2 If the Completion Monies are received in the Nominated Account after 1.00 pm on the Completion Date or on a day which is not a working day Completion shall be deemed for the purposes of the General Conditions to have taken place on the next working day after receipt 4.3 If the Buyer fails to complete on the Completion Date and such failure is not directly attributable to any default by the Seller the Buyer will pay to the Seller upon completion as compensation for late completion in addition to interest on the Completion Monies at the Contract Rate the following sums: 4.3.1 The Seller’s Solicitors’ fees incurred in recalculation and redrafting of any completion statement and the drafting and service of a Notice to Complete and correspondence ancillary to the same calculated at the rate of £250 per hour plus VAT with a minimum payment of £250 plus VAT 4.3.2 The cost of the provision of any security services reasonably necessary to secure the Property between the Completion Date and the date of actual completion 4.3.3 Any additional fees and expenses reasonably incurred by the Seller as a result of the Buyer’s delay in completion 5. Title guarantee The Property is sold with full title guarantee 6. Vacant Possession 6.1 The Property is sold with vacant possession on Completion 6.2 The Buyer shall accept that vacant possession is given notwithstanding that there may be furniture fittings building materials and / or rubbish remaining at the Property in which case the Buyer shall not be entitled to require the removal of such items or delay completion on the ground that the existence of such items does not constitute vacant possession 7. Title 7.1 Title to the Property is registered at HM Land Registry with title absolute under Title Number NK175218 (“the Title”) 7.2 Title having been available for inspection at the offices of the Seller’s Solicitors prior to the date of this Agreement the Buyer accepts the Seller’s title to the Property and shall be deemed to purchase with full knowledge of the title in all respects and shall not raise any requisitions or make any objection in relation to the title 7.3 The Seller shall be under no obligation to assist the Buyer or the Buyer’s Solicitors in connection with entries on the Registers which may be subsisting or capable of having effect at the time of or subsequent to the sale or to assist the Buyer or the Buyer’s Solicitors in dealing with any requisitions which may be raised by H M Land Registry 7.4 The Property is sold subject to the Unilateral Notice registered against the Title in favour of Norfolk County Council (“the County Council”). Under the terms of the CPO the NDR Land is eventually to be transferred to the County Council but the County Council have confirmed that the part of the Access Track shown edged red will be included as part of the Property will not be transferred to the County Council and can form part of the Property for sale at the auction. The Seller will grant a right of access over that part of the Access Track shown coloured green on Plan Number 2 between the points marked “A” and “B” as set out in the draft TP1 and the County Council have confirmed that these access rights will be noted and protected in the transfer of the NDR land to the County Council. The County Council are in the process of confirming that they will grant access rights over the section of the Access Track coloured brown on Plan Number 2 8. Transfer 8.1 The Transfer of the Property from the Seller to the Buyer shall be substantially in the form of the annexed draft. The Transfer shall be prepared and engrossed in duplicate by the Seller’s solicitor and executed by the Buyer prior to the Completion Date and on or before completion the Buyer shall pay the Seller’s Solicitors a fee of £100 plus VAT towards their preparation of the Transfer 8.2 The Buyer shall not be entitled to require the Seller to execute more than one transfer in respect of the property or any part thereof or to execute the transfer in favour of any person other than the Buyer. On completion the Seller will only hand over to the Buyer one executed transfer in respect of all the property included in the sale at the purchase price 8.3 The Buyer shall not be entitled to delay completion on the ground that the Seller’s Solicitors do not have the Transfer executed by the Seller in their possession pending completion and in this event the Buyer or the Buyer’s Solicitors shall accept an undertaking from the Seller’s Solicitors to forward the executed Transfer to the Buyer or to the Buyer’s Solicitors as soon as reasonably possible following completion 8.4 If the Land Registry should raise any requisitions over any plan attached to the Transfer the Buyer shall pay the Seller’s Solicitors costs in satisfying those requisitions 9. Incumbrances The Property is sold subject to and (where appropriate) with the benefit of the matters (if any) contained or referred to in the Property Proprietorship and Charges registers of the title to the Property (other than any subsisting financial charges except rent charges). Copies of the same having been available for inspection by the Buyer or the Buyer’s Solicitors prior to the date of this Agreement the Buyer shall be deemed to purchase with full notice and knowledge of them and shall not raise any requisition or make any objection in relation to them 10.