Common use of Where the Property is located in Scotland Clause in Contracts

Where the Property is located in Scotland. a. In clause 9, references to set-off will include analogous rights under Scots law. b. In clauses 10.3 to 10.9 where there are references to monies deriving from the Property being held on trust for us then we may require you to enter into a separate declaration of trust (in a form acceptable to us) in respect of those monies. c. In respect of clause 12, instead of a Deed of Consent, you must at the time your mortgage Completes (i) procure that any person having rights or potentially having rights under the Matrimonial Homes (Family Protection) (Scotland) Xxx 0000 as amended and/or the Civil Partnership Act 2004 consents to the Mortgage Deed or renounces any rights available to that person in the normal and prescribed form; or (ii) if you are a single person enter into a declaration in the normal and prescribed form confirming that the property is not subject to any rights of occupancy under the Matrimonial Homes (Family Protection) (Scotland) Xxx 0000 as amended and/or the Civil Partnership Xxx 0000. d. Clauses 13.4, 13.5 and 14 shall not apply. e. Clause 16.9 shall apply where the Property is part of a tenement or a block of flats or larger building which are insured under a Common Insurance Policy maintained by a factor or managing agent regulated under the Property Xxxxxxx (Xxxxxxxx) Xxx 0000. Where such tenement or larger building is not maintained by a factor or managing agent regulated under the Property Factors (Scotland) Xxx 0000 we may ask you to maintain insurance cover for the reinstatement value of the tenement or larger building. f. Clause 20.2 shall not apply. g. Clause 24.3 and clause 24.4 shall not apply. h. If any of the events in Clause 25 occur, you will be in default in terms of the Conveyancing and Feudal Reform (Scotland) Xxx 0000 and, in addition to the rights and powers available to us under Clause 26, we may also exercise all of the other rights and powers available to creditors under and in terms of the Conveyancing and Feudal Reform (Scotland) Xxx 0000. i. In Clause 26 references to “receiver” shall not apply. j. Clauses 26.7, 26.8 and 26.9 shall not apply. If we require to take possession of the Property we shall comply with the Conveyancing and Feudal Reform (Scotland) Act 1970 (the legislation applicable in Scotland to taking possession of property which is secured to a lender) and we may apply for a court decree for your ejection from the Property from any sheriff court in the area where the Property is situated. k. In Clauses 27 and 28 references to “receiver” shall not apply. With regard to clause 27.1 our appointment as your attorney shall subsist from the date that you sign the Mortgage Deed and your execution of the Mortgage Deed shall be sufficient evidence of the Power of Attorney in our favour whether or not the Mortgage Deed has been registered at Registers of Scotland. l. The Mortgage Deed known in Scotland as a Standard Security shall incorporate these Mortgage Terms and Conditions a form of which shall be registered in the Books of Council and Session. The Mortgage Deed shall also incorporate the standard conditions set out in Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970 (as varied by these Mortgage Terms and Conditions), a copy of which is available upon request. In the event of any conflict between the provisions of these Mortgage Terms and Conditions and the abovementioned standard conditions, these Mortgage Terms and Conditions will prevail.

Where the Property is located in Scotland. a. In clause 9, references to set-off will include analogous rights under Scots law. b. In clauses 10.3 10.7 to 10.9 10.13 where there are references to monies deriving from the Property being held on trust for us then we may require you to enter into a separate declaration of trust (in a form acceptable to us) in respect of those monies. c. In respect of clause 12, instead of a Deed of Consent, you must at the time your mortgage Completes (i) procure that any person having rights or potentially having rights under the Matrimonial Homes (Family Protection) (Scotland) Xxx 0000 as amended and/or the Civil Partnership Act 2004 consents to the Mortgage Deed or renounces any rights available to that person in the normal and prescribed form; or (ii) if you are a single person enter into a declaration in the normal and prescribed form confirming that the property is not subject to any rights of occupancy under the Matrimonial Homes (Family Protection) (Scotland) Xxx 0000 as amended and/or the Civil Partnership Xxx 0000. d. Clauses 13.4, 13.5 and 14 shall not apply. e. Clause 16.9 shall apply where the Property is part of a tenement or a block of flats or larger building which are insured under a Common Insurance Policy maintained by a factor or managing agent regulated under the Property Xxxxxxx (Xxxxxxxx) Xxx 0000. Where such tenement or larger building is not maintained by a factor or managing agent regulated under the Property Factors (Scotland) Xxx 0000 we may ask you to maintain insurance cover for the reinstatement value of the tenement or larger building. f. Clause 20.2 shall not apply. g. Clause 24.3 and clause 24.4 shall not apply. h. If any of the events in Clause 25 occur, you will be in default in terms of the Conveyancing and Feudal Reform (Scotland) Xxx 0000 and, in addition to the rights and powers available to us under Clause 26, we may also exercise all of the other rights and powers available to creditors under and in terms of the Conveyancing and Feudal Reform (Scotland) Xxx 0000. i. In Clause 26 references to “receiver” shall not apply. j. Clauses 26.7, 26.8 and 26.9 shall not apply. If we require to take possession of the Property we shall comply with the Conveyancing and Feudal Reform (Scotland) Act 1970 (the legislation applicable in Scotland to taking possession of property which is secured to a lender) and we may apply for a court decree for your ejection from the Property from any sheriff court in the area where the Property is situated. k. In Clauses 27 and 28 references to “receiver” shall not apply. With regard to clause 27.1 our appointment as your attorney shall subsist from the date that you sign the Mortgage Deed and your execution of the Mortgage Deed shall be sufficient evidence of the Power of Attorney in our favour whether or not the Mortgage Deed has been registered at Registers of Scotland. l. The Mortgage Deed known in Scotland as a Standard Security shall incorporate these Mortgage Terms and Conditions a form of which shall be registered in the Books of Council and Session. The Mortgage Deed shall also incorporate the standard conditions set out in Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970 (as varied by these Mortgage Terms and Conditions), a copy of which is available upon request. In the event of any conflict between the provisions of these Mortgage Terms and Conditions and the abovementioned standard conditions, these Mortgage Terms and Conditions will prevail.

Where the Property is located in Scotland. a. In clause 9, references to set-off will include analogous rights under Scots law. b. In clauses 10.3 to 10.9 10.9, 10.10 and 17.4, where there are references to monies deriving from the Property being held on trust for us then we may require you to enter into a separate declaration of trust (in a form acceptable to us) in respect of those monies. c. In respect of clause 12, instead of a Deed of Consent, you must at the time your mortgage Completes (i) procure that any person having rights or potentially having rights under the Matrimonial Homes (Family Protection) (Scotland) Xxx 0000 as amended and/or the Civil Partnership Act 2004 consents to the Mortgage Deed or renounces any rights available to that person in the normal and prescribed form; or (ii) if you are a single person enter into a declaration in the normal and prescribed form confirming that the property is not subject to any rights of occupancy under the Matrimonial Homes (Family Protection) (Scotland) Xxx 0000 as amended and/or the Civil Partnership Xxx 0000. d. Clauses 13.4, 13.5 and 14 shall not apply. e. Clause 16.9 shall apply where the Property is part of a tenement or a block of flats or larger building which are insured under a Common Insurance Policy maintained by a factor or managing agent regulated under the Property Xxxxxxx (Xxxxxxxx) Xxx 0000. Where such tenement or larger building is not maintained by a factor or managing agent regulated under the Property Factors (Scotland) Xxx 0000 we may ask you to maintain insurance cover for the reinstatement value of the tenement or larger building. f. Clause 20.2 shall not apply. g. Clause 24.3 and clause 24.4 shall not apply. h. If any of the events in Clause 25 occur, you will be in default in terms of the Conveyancing and Feudal Reform (Scotland) Xxx 0000 and, in addition to the rights and powers available to us under Clause 26, we may also exercise all of the other rights and powers available to creditors under and in terms of the Conveyancing and Feudal Reform (Scotland) Xxx 0000. i. In Clause 26 references to “receiver” shall not apply. j. Clauses 26.7, 26.8 and 26.9 shall not apply. If we require to take possession of the Property we shall comply with the Conveyancing and Feudal Reform (Scotland) Act 1970 (the legislation applicable in Scotland to taking possession of property which is secured to a lender) and we may apply for a court decree for your ejection from the Property from any sheriff court in the area where the Property is situated. k. In Clauses 27 and 28 references to “receiver” shall not apply. With regard to clause 27.1 our appointment as your attorney shall subsist from the date that you sign the Mortgage Deed and your execution of the Mortgage Deed shall be sufficient evidence of the Power of Attorney in our favour whether or not the Mortgage Deed has been registered at Registers of Scotland. l. The Mortgage Deed known in Scotland as a Standard Security shall incorporate these Mortgage Terms and Conditions a form of which shall be registered in the Books of Council and Session. The Mortgage Deed shall also incorporate the standard conditions set out in Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970 (as varied by these Mortgage Terms and Conditions), a copy of which is available upon request. In the event of any conflict between the provisions of these Mortgage Terms and Conditions and the abovementioned standard conditions, these Mortgage Terms and Conditions will prevail.